APPLICATION
ern MANAGBa' 8 OI'I'ICB
CITY OP BOYNTOH BBACK
Chris cutro, Planning
Vincent Finizio, Engineering
Grady Swann, Finance
APPROPRIATE ACTION []
EVALUATION/RECOMMENDATION []
FOR YOUR FILES []
DATE May 10, 1991
TO
[]
o
o
FOR YOUR INFORMATION
NOTE AND RETURN
OTHER
ACTION DESIRED PRIOR TO
SUBJECT
Quantum Park - CDD
Attached for your review is a copy of Quantum Park's Petition for a
Community Development District Please review and give me your comments
as soon as possible
~, /1t,L/~
Carrie A Parker
Assistant City Manager
RECEIVED
CAP j c
Attachment
cc J Scott Miller, City Manager
MAY 13
PLANNII~G DEPT
~
RESPONSE:
Date (Action Completed)
Signature
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AMENDED
PETITION TO CREATE
QUANTUM
COMMUNITY DEVELOPMENT DISTRICT
MAY 10,1991
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AMENDED PETITION TO CREATE
QUANTUM COMMUNITY DEVELOPMENT DISTRICT
Table of Contents
Section 1 Letter of Introduction and Petition
Section 2 Chapter 187 - State Comprehensive Plan
Section 3 Chapter 190. Florida Statutes
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QUANTUM
May 10,1991
Honorable Mayor and City Commissioners
City of Boynton Beach
Palm Beach County, Florida
Dear Mayor and Commissioners
Enclosed is a Petition to Create the Quantum Community Development District,
submitted in accordance with Chapter 190.005, Florida Statutes. References to
the potable water and sewer systems of Quantum Corporate Park are included in
this Petition because of the language contained in Florida
Statutes 190.005(1) (a) (5) The Petitioners herein only intend to convey to the
District whatever right, title and interest, if any, they own.
Based upon the information contained in this Petition, we request that the City of
Boynton Beach find the following facts, necessary to establish the District:
1 That all statements contained within the Petition have been found to
be true and correct.
2. That the creation of the District is not inconsistent with any
applicable element or portion of the State Comprehensive Plan or the effective
local government comprehensive plan. To assist you in that determination, we
have enclosed Chapter 187, Florida Statutes (which is the State Comprehensive
Plan) as an exhibit to the Petition and highlight for your consideration that this
Petition in fact is not inconsistent with the appropriate sections of the Plan
dealing with infrastructure delivery, growth management, government efficiency
and plan implementation. The specific policies addressing the above areas are
16 (land use), 18 (public facilities), 21 (governmental efficiency), and 26 (plan
implementation) We also believe the creation of the District is not inconsistent
with any element of your local plan.
3. That the land area within the proposed District is of sufficient size,
sufficiently compact and sufficiently continguous to be developable as one
functional related community
1900 SOUTHEAST 171h STREET CAUSEWAY, FORT LAUDERDALE, FLORIDA 33316
POST OFFICE BOX 21703, FORT LAUDERDALE, FLORIDA 33335-1703
(305) 763-8888 · FAX (305) 763-8996
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Honorable Mayor and City Commission
May 10. 1991
Page Two
4. That the creation of the District is the best alternative available for
delivering the oommunity development services and facilities to the Quantum
Corporate Park.
5. That the proposed services and facilities to be provided by the
District are not incompatible with the capacity and uses of existing local and
regional community services and facilities.
6. That the area identified in the Petition is amenable to be included in
the proposed District.
We respectfully request the Oity Commission consider an ordinanoe for adoption
to create the Quantum Community Development District.
Respectfully submit1ed,
QUANTUM ASSOCIATES, a Florida general partnership
By' QUANTUM-OIl, L TO I a Florida limited partnership,
as General Partner
By:
DEUTSC~/IA NO COMPANIES, L.C ,
Its General r
By. t9 ~__
Edward B. Deutsch. Manag;ngMember
eso dim
cc. Honorable Mayor and City Commission
Mr. J Soott Miller, City Manager
James A. Cherat, Esq.. City Attorney
Ms. Carrie Parker. Assistant City Manager
Ms Sue Kruse. City Clerk
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AMENDED PETITION TO ESTABLISH
QUANTUM COMMUNITY DEVELOPMENT DISTRICT
Petitioners, Quantum Associates, a Florida general partnership, Quantum
Park Property Owners' Association, Inc., a Florida corporation not-for-profit, and
QRA, Inc., a Florida corporation, petition the City of Boynton Beach, Florida, a
Florida municipal corporation (hereinafter referred to as the "City"), pursuant to
the Uniform Community Development District Act of 1980, Chapter 190, Florida
Statutes, to adopt an ordinance to establish a Uniform Community Development
District and to designate the land area for which the District would manage and
finance basic service delivery, and states as follows
1 (a) Petitioner, Quantum Associates is a Florida general partnership with
its principal place of business at 1900 Southeast 17 Street, Fourth Floor, Fort
Lauderdale, Florida 33316.
1 (b) Petitioner, Quantum Park Property Owners' Association, Inc., is a
Florida corporation not-for-profit, with its principal place of business at 1900
Southeast 17 Street, Fourth Floor, Fort Lauderdale, Florida 33316.
1 (c) Petitioner, QRA, Inc., is a Florida corporation with its principal place
of business at 1900 Southeast 17 Street, Fourth Floor, Fort Lauderdale, Florida
33316.
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2. The land area to be served by the District comprises approximately
504 acres. It is located east of Congress Avenue immediately west of
Interstate 95 and south of Miner Road. A map showing the location of the land
area to be serviced by the District is attached as Composite Exhibit "1" and
Exhibit 11-A" All of the land in the proposed District is within the City of Boynton
Beach, Florida.
3. A metes and bounds legal description of the external boundaries of
the District is attached as Exhibit "2" Exhibit "3" lists the legal descriptions and
names and addresses of real property within the external boundaries of the
District which are to be excluded from the District. The impact on these parcels
of the District is positive in that the facilities provided by the District and perpetual
maintenance of same is assured, all within an aesthetically pleasing unified
development.
4 Attached as Exhibit "411 is documentation constituting written
consent to the establishment of the District by all of the owners of the real
property to be included in and serviced by the District.
5. The five persons designated to serve as the initial members of the
board of supervisors of the District, who shall serve in that office until replaced by
elected members, as provided in Section 190 006, Florida Statutes, are
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(a) R. Scott Ireland
1125 Northeast 125 Street
North Miami, Florida 33161
(b) J Berle Oster, Esq
27 Southeast 24 Avenue, Suite 5
Pompano Beach, Florida 33062
(c) Steven W Deutsch
1900 Southeast 17 Street
Fort Lauderdale, Florida 33316
(d) Harold C Morrison
5841 Margate Boulevard
Margate, Florida 33063
(e) Philip R. Augustyn
1900 Southeast 17 Street
Fort Lauderdale, Florida 33316
6. The proposed name of the District 1s Quantum Community
Development District.
or
7 The major trunk water mains, sewer interceptors, and outfalls
currently in existence on the property to be serviced by the District are identified
on Exhibit "5,11 attached hereto
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8. Certain portions of the services and facilities of the District are in
place and completed. Additional facilities are anticipated to be completed within
eighteen (18) months. Estimated costs of construction and acquisition are set
forth in Exhibit "6," attached hereto
9 The public and private uses of land proposed within the District, as
set forth in the Master Site Plan attached as Composite Exhibit "1" and
Exhibit 11-A," are consistent with the future Land Use Plan of the City of Boynton
Beach and are in compliance with the local government comprehensive plan (as
well as the State Comprehensive Plan) The applicable zoning designations of
the subject property is PID and PCD under the City of Boynton Beach Land Use
Element.
10 The statement of estimated economic impact of the granting of this
Petition and the establishment of the District pursuant thereto is attached as
Exhibit "l"
11 In conjunction with the filing of this Petition, the Petitioners have
submitted the required filing fee to the City
WHEREFORE, Petitioners respectfully request the City to
A. Schedule a public hearing to cor sider this Petition within
forty-five (45) days after the date of filing pursuant to the uniform procedures set
forth in Section 190 005, Florida Statutes, and
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B Grant the Petition and adopt an ordinance to establish the District
and designate the land area to be serviced by the District, pursuant to
Section 190 005, Florida Statutes, by making the following findings of fact:
(1) That all statements contained within the Petition have been
found to be true and correct.
(2) That the creation of the District is not inconsistent with any
applicable element or portion of the State Comprehensive Plan or the effective
local government comprehensive plan
(3) That the land area within the proposed District is of sufficient
size, sufficiently compact and sufficiently continguous to be developable as one
functional related community
(4) That the creation of the District is the best alternative
available for delivering the community development services and facilities to
Quantum Corporate Park.
(5) That the proposed services and facilities to be provided by
the District are not incompatible with the capacity and uses of existing local and
regional community services and facilities.
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(6) That the area Identified In the Petition Is amenable to be
included in the proposed District.
Respectfully submitted this 10th day of May, 1991
QUANTUM ASSOCIATes, a Florida general partnership
By' QUANTUM"D/I, L TO, a Florida limited partnership, as General
Partner
By.
DEUTSCH/IRELAND COMPANIES, Le., a Florida limited
liability ~y,lts General Partner
By ~~
Edward B. Deutsch, ~ember
QUANTUM PARK PROPERTY OWNERS' ASSOCIATION. INO..
a Florida oorporatlon not r. rofit
~
Edward B. Deutsoh, preSidertt--
ORA, INC., a Florida co~on
By' ~
Edward B Deutsch, Pieiictent
By:
i- \.' j i ) i:. II 111
I Ii ," ~ " 1- C' ,. ...." '11 ' )
\\J''''; v J l,..,; r ~411
Developed by Quantum Associates
A joint venture of Deutsch/Ireland Companies
and Melvin Simon & Associates, Inc.
The 110 lOwer, 110 Southeast Sixth Street. 21st Floor
Fort Lauderdale, Florida 33301 3415
(305) 763-8888 · 1-800-421 5114
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Exhibit "2"
Quantum Community Development District
Master Leaal Description
All of the property platted under the following described 13 Plats
1 Quantum Park at Boynton Beach, P 1.0 Plat No 1-A, recorded in
Plat Book 57, Pages 180 and 181, in the Public Records of Palm Beach County,
Florida.
2. Quantum Park at Boynton Beach, P 1.0 Plat No 1, recorded in Plat
Book 57, Pages 182 and 183, in the Public Records of Palm Beach County,
Florida.
3. Quantum Park at Boynton Beach, P I 0 Plat No 2, recorded in Plat
Book 57, Pages 184 and 185, in the Public Records of Palm Beach County,
Florida.
4 Quantum Park at Boynton Beach, P I 0 Plat No 3, recorded in Plat
Book 60, Pages 29 through 31, inclusive, in the Public Records of Palm Beach
County, Florida.
5. Quantum Park at Boynton Beach, P 1.0 Plat No 4, recorded in Plat
Book 57, Pages 186 through 188, inclusive, in the Public Records of Palm Beach
County, Florida, less and except that portion thereof that was replatted under
P I 0 Plat No 10 referenced below
6 Quantum Park at Boynton Beach, P 1.0 Plat No 5, recorded in Plat
Book 57, Pages 189 and 190, subject to Surveyor's Affidavit confirming error on
the said Plat, recorded in Official Records Book 5486, Page 261, all in the Public
Records of Palm Beach County, Florida.
7 Quantum Park at Boynton Beach, PI 0 Plat No 6, recorded in Plat
Book 57, Pages 191 through 193, inclusive, subject to Surveyor's Affidavit
confirming error on the said Plat, recorded in Official Records Book 5510, Page
200, and Surveyor's Affidavit confirming error on the said Plat, recorded in Official
Records Book 5486, Page 263, all in the Public Records of Palm Beach County,
Florida, less and except that portion thereof that was replatted under P I 0 Plat
No 9 referenced below
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8. Quantum Park at Boynton Beach, PI D Plat No 7, recorded in Plat
Book 57, Pages 194 and 195, subject to Surveyor's Affidavit confirming error on
the said Plat, recorded in Official Records Book 5486, Page 262, all in the Public
Records of Palm Beach County, Florida, less and except that portion thereof that
was replatted under P I D Plat No 11 referenced below
9 Quantum Park at Boynton Beach, P I.D Plat No 8, recorded in Plat
Book 57, Pages 196 and 197, in the Public Records of Palm Beach County,
Florida.
10 Quantum Park at Boynton Beach, P I.D Plat No 9, recorded in Plat
Book 60, Pages 32 and 33, in the Public Records of Palm Beach County, Florida.
11 Quantum Park at Boynton Beach, P I D Plat No 10, recorded in
Plat Book 60, Pages 34 through 36, inclusive, in the Public Records of Palm
Beach County, Florida.
12. Quantum Park at Boynton Beach, P I.D Plat No 11, recorded in
Plat Book 60, Page 37, in the Public Records of Palm Beach County, Florida.
13. Plat of P C D Center, recorded in Plat Book 60, Pages 106 and
107, in the Public Records of Palm Beach County, Florida.
Together with the following described three parcels
1 A parcel of land lying in Section 21, Township 45 South, Range 43
East, County of Palm Beach, State of Florida, being more particularly described
as follows
The West 40 00 feet of the Northwest one-quarter (NW 1/4) of said Section 21,
bounded as follows
On the North Bya line 56737' (as measured at right angles to) and parallel with
the existing North right-of-way line of the Boynton Canal, C-16, as said
right-of-way line is described in Deed recorded in Official Records Book 1064,
page 45 of the Public Records of said County;
On the South By a line 421 37' North of (as measured at right angles to) and
parallel with the North right-of-way of said Boynton Canal, C-16;
On the East. By a line 4000' East of (as measured at right angles to) and
parallel with the West line of the Northwest one-quarter (NW 1/4) of said
Section 21
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It is intended that the North line, the East line and the South line of this parcel be
a common line respectively to
a. The Westerly extension of the South line of that certain parcel quit
claimed as ParcelllAII to Quantum Associates and described in
Deed recorded in 0 R.B 5139, page 147, and
b The West line and the Westerly extension of the South line of that
certain parcel conveyed to Nat Gould and described in Deed
recorded in 0 R.B 2850, page 1598.
and
2. A parcel of land lying in Section 21, Township 45 South, Range 43
East, County of Palm Beach, State of Florida, being more particularly described
as follows
The West 40 00 feet of the Northwest one-quarter (NW 1/4) of said Section 21,
bounded as follows
On the North Bya line 421 37' (as measured at right angles to) and parallel with
the existing North right-of-way line of the Boynton Canal, C-16, as said
right-of-way line is described in Deed recorded in Official Records Book 1064,
page 45, of the Public Records of said County,
On the South By a line 36749' North of (as measured at right angles to) and
parallel with the North right-of-way of said Boynton Canal, C-16;
On the East: By a line 4000' East of (as measured at right angles to) and
parallel with the West line of the Northwest one-quarter (NW 1/4) of said
Section 21
It is intended that the North line, the East line and the South line of this parcel be
a common line respectively to
The Westerly extension of the North line, the West line, and the
Westerly extension of the South line of that certain parcel conveyed
to George J and Harriet Gould and described as ParcelllD" in
Deed recorded in Official Record Book 5139, page 0153.
and
3 A Parcel of land lying in Section 21, Township 45 South, Range 43
East, County of Palm Beach, State of Florida and more particularly described as
follows
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The West 40 00 feet of the Northwest one-quarter (NW 1/4) of said Section 21,
lying north of the North right-of-way line of the Boynton Canal (a perpetual
easement) acquired by the Central and Southern Flood Control District as
recorded in Official Records Book 1064, Page 45 of the Public Records of said
County, and South of a line 36749 feet North of (as measured at right angles) to
the said North right-of-way line, said line also being the North line of that certain
parcel conveyed to Curt G Joa-Inc., as described in a Deed recorded in Official
Records Book 1711, Page 371 of the Public Records of said County
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Exhibit "3"
LESS AND EXCEPT the following described ten parcels
1 City of Boynton Beach, a Florida municipal corporation, 100 East
Boynton Beach Boulevard, Boynton Beach, Florida 33425, and FOP Gold
Coast Lodge #49, Inc., a Florida non-profit corporation, Post Office Box 678,
Boynton Beach, Florida 33435 - Lot 92 of Quantum Park at Boynton Beach,
P 1.0 Plat No 3, according to the Plat thereof recorded in Plat Book 60, Pages 29
through 31, inclusive, in the Public Records of Palm Beach County, Florida.
2. Florida Power & Light Company, Post Office Drawer 0, West Palm
Beach, Florida 33402 - Lot 51-8 of Quantum Park at Boynton Beach, P I 0 Plat
No 4, according to the Plat thereof recorded in Plat Book 57, Pages 186 through
188, inclusive, in the Public Records of Palm Beach County, Florida.
3. Publix Supermarkets, Inc., a Florida corporation, Post Office
Box 407, Lakeland, Florida 33802 - Lot 55 of Quantum Park at Boynton Beach,
P 1.0 Plat No 5, according to the Plat thereof recorded in Plat Book 57, Pages
189 and 190, in the Public Records of Palm Beach County, Florida.
4 Safety-Kleen Corp, a Wisconsin corporation, 777 Big Timber Road,
Elgin, Illinois 60123 - Lots 46-8, 46-C, 47-C, 47-0, and the South 71.53 feet of
Lot 47-8, of Quantum Park at Boynton Beach, P I 0 Plat No 10, according to
the Plat thereof recorded in Plat Book 60, Page 34, in the Public Records of Palm
Beach County, Florida.
5 City of Boynton Beach, a Florida municipal corporation, 100 East
Boynton Beach Boulevard, Boynton Beach, Florida 33425 - Lift Station site at
the northwest corner of Water Management Tract "A" of Quantum Park at
Boynton Beach, P 1.0 Plat No 1, according to the Plat thereof recorded in Plat
Book 57, Pages 182 and 183, of the Public Records of Palm Beach County,
Florida.
6. City of Boynton Beach, a Florida municipal corporation, 100 East
Boynton Beach Boulevard, Boynton Beach, Florida 33425 - Tract "C" (High
Ridge Road) of Quantum Park at Boynton Beach, P I 0 Plat No 8, according to
the Plat thereof recorded in Plat Book 57, Pages 196 and 197, of the Public
Records of Palm Beach County, Florida.
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7 Systems Control, Inc., a Delaware corporation, 12021 S W 144
Street, Miami, Florida 33186 - Lot 89-A and a portion of Lot 89-8, of Quantum
Park at Boynton Beach, P I 0 Plat No 8, according to the Plat thereof, as
recorded in Plat Book 57, Pages 196 and 197, of the Public Records of Palm
Beach County, Florida, the before said included portion of Lot 89-B, being more
particularly described as follows
Beginning at the Northeast Corner of the before said Lot 89-A, thence
South 88 24'22" East along the North line of said Lot 89-B 43.08 feet; thence
South 01 35'38" West 241 17 feet; thence North 88 24'22" West 265.43 feet to a
point coincident with the East right-of-way line of High Ridge Road as recorded in
the Plat of Quantum Park at Boynton Beach, PI 0 Plat No 8, in Plat Book 57, on
Pages 196 and 197 of the Public Records of Palm Beach County, Florida, thence
Northwesterly along a curve to the right with an arc distance of 45.45 feet, delta
angle of 5 47'14", radius of 45000 feet; chord distance of 45.43 feet and chord
bearing of North 30 55'46" West to the Southwest Corner of said Lot 89-A,
thence North 66 36'00" East 272.28 feet to the Southeast Corner of said
Lot 89-A, thence North 01 35'38" East 87.81 feet to the point of beginning.
8. Lakeside Commons Associates, a Florida partnership, Post Office
Box 21703, Fort Lauderdale, Florida 33335-1703 - Lots 4, 4-A, 4-8, 5 and 5-A of
Quantum Park at Boynton Beach, P 1.0 Plat No 2, according to the Plat thereof,
recorded in Plat Book 57, pages 184 and 185, in the Public Records of Palm
Beach County, Florida.
9 Acquisition & Investment Services, Inc., a Florida corporation, 6400
North Andrews Avenue, Fort Lauderdale, Florida 33309-2t03 - Lot 20 of
Quantum Park at Boynton Beach, P I 0 Plat No 2, according to the Plat thereof,
recorded in Plat Book 57, Pages 184 and 195 of the Public Records of Palm
Beach County, Florida.
10 Curt G. Joa, Inc., a Wisconsin corporation, 1500 High Ridge Road,
Boynton Beach, Florida 33425 - Lot 51-A of Quantum Park at Boynton Beach,
P I 0 Plat No 10, according to the Plat thereof recorded in Plat Book 60, Pages
34 through 36, in the Public Records of Palm Beach County, Florida.
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Exhibit 114"
QUANTUM COMMUNITY DEVELOPMENT DISTRICT
Quantum Associates, Quantum Property Owners' Association, Inc., and ORA.
Inc., owners of the property more particularly described in Exhibit 112" attached
nereto, herein petition for and consent to the establishment of the Quantum
Community Development District. located in the City of Boynton Beach, Palm
Beach County I Florida.
QUANTUM ASSOCIATES. a Florida general
partnership
By' QUANTUM-OIl, LTD, a Florida limited
partnership, as General Partner
By: DEUTSCH/IRELAND COMPANIES. L.C.,
a Flori~a Ii' liability company I its
General "7.4
By. ~~
Edward B. Oeutscn,
Managing Member
..
QUANTUM PARK PROPERTY
ASSOCIATION INC., a Florida
not-for..pro
OWNERS'
corporation
By.
Edward B. Deutsch, Presl
QRA, INC., a Florida corporation
By' - ~k? Presideni
Edward B Deutsch, Presl -
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State of Florida
County of Broward
The foregoing instrument was sworn to, subscribed and acknowledged
before me this '" day of /1? tI1 ' 1991, by Edward B
Deutsch for the purposes therein stated
My commission expires
d----
~otary Public, State of Florida
NOTARY I"UftLil:, !oTATE 01" 'LOIl:..;A \.
..y C(JMMI~:"I()H EllPIRES. JUNE 18,1 IltZ,
110""." T..... _rA." ""-.c U__.'.._
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Exhibit "7"
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II
ECONOMIC IMPACT STATEMENT
FOR
QUANTUM COMMUNITY DEVELOPMENT DISTRICT
Prepared for.
Quantum Associates
1900 Southeast 17th Street Causeway
Miami, Florida 33316
Prepared by.
Fishkind & Associates, Inc.
12424 Research Parkway
Suite 275
Orlando, Florida 32826
May 1991
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1.0
Introduction
1.1 Purpose and Scope
This economic impact statement is an exhibit attached to the petition to establish the
Quantum Community Development District (CDD). The Quantum CDD will be
empowered to finance, construct, or acquire the: (1) surface water management
system, (2) roads (main road network), collector streets, sidewalks, and lighting, (3)
contribution to an 1-95 interchange at N W 22nd Avenue, and (4) parks, open space,
and landscap1Og/buffering. The land is owned or controlled by the petitioner
A Community Development Distnct is an independent special-purpose DIstrict
authorized by Chapter 190, F.S. to be established to plan, finance, construct, acquire,
operate, and maintain communIty-wide infrastructure 10 large planned commumty
developments. CDDs provide a "solution to the state's planning, management, and
financing needs for delivery of capital infrastructure to service projected growth
without overburden1Og other governments and their taxpayers." (Section
190.002(1)(a), F.S.)
A CDD is not a substitute for a local, general purpose, government umt, Ie, the City
or County in which the CDD lies. A cnn lacks the powers of permitting, zon1Og,
police and many of the other powers possessed by general purpose governments. A
CnD's powers are strictly hmited to planning, financing, constructing or acqUiring,
operating and maintaining community infrastructure.
The 1984 Florida Legislature revised Chapter 190, which governs community
development districts, making it very clear that approval of a cnn does not
constitute a development order as per Chapter 380. F.S. In addition, the 1984
Legislature deCided that:
"Community development districts shall not have the power of local
government to adopt a comprehensive plan, buildmg code, or land development
code, as those tenns are defined in the Local Government Comprehensive
Planning Act of 1975. A district shall take no action which is inconsistent with
applicable comprehensIVe plans, ordinances, or regulatIOns of the applicable
local general purpose government." (See/ion 190.004(3), F.S.)
Thus, it IS clear that a commumty development district is solely an alternative means
of tinancing, constructing, acquiring, and operat1Og and ma1Ota101Og community
10frastructure for planned developments. As a result, the scope of thiS EconomIc
Impact Statement is also limited to evaluat10g the consequences of creat10g The
Quantum cnD The limitation on the scope of this economic impact statement for a
proposed cnn are exphcltly set out 10 Section 190.002(2)(d), F.S. as follows:
That the process of establishing such a district pursuant to unifonn general law
shall be fair and based only on factors material to managing and financing the
selVice delivery function of the diJ,tnct, so that any mailer concerlllng pelmillmg
or planning of the development shall not be malenal or relevant".
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EXHIBIT "6"
QUANTUM COMMUNI1Y DEVELOPMENT DISTRICf
IN.'RASTRUCTURE CONSTRUCl'ION AND ACQUISITION
TIMETABLE AND ESTIMATED COSTS
Timetable
Estimated Cost
Arterial Roads, streets,
sIdewalks, lighting, &
dramage
1991
$21,394,972.00
Parks, landscaping, & open
space
1-95 engineering &
contribution to build
studies & design balance
1991
$6,287,208.00
1991
$4,346,562.00
TOTAL
$32,028,742.00
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1.2
The Development
Quantum is a 575.2825 acre (approximately) mixed-use economic development
project zoned for mixed commercial-industrial uses. Roughly 56.79 acres of the
economic development land use program will be used for parks, open space, and
conselVation. Another 143.21 acres for boulevard, streets, landscapmg, lighting, and
sidewalks. The remaining 374.57 acres will selVe commercial office, industrial, and
research and development (R&D) tenants. The Quantum project is located on an
irregular site in the suburban City of Boynton Beach. The site is bordered by
Interstate 95 and Congress Avenue on the east and west, and by Mmer Road and the
C-16 Canal on the north and south.
1.3
The Quantum Community Development District
The petitioner has proposed to establish The Quantum CDD to construct or acquire
and maintain some of the infrastructure and community facilities which will be
needed by the property owners and tenants of the project. Table 1 outlines the
proposed plan for financing, ownership, operations and maintenance of the
infrastructure in the proposed CDD
As noted in Table 1, the Dlstnct plans to own, operate and/or maintain the (1)
surface water management system, (2) arterial roads (main road network), collector
streets, sidewalks and lighting, (3) parks, landscaping/buffenng, and open space, and
(4) 1-95 interchange. Capital costs will be defrayed through non-advalorem special
assessments. Expenses for operations and ma10tenance will be p31d through
maintenance assessments.
Table 2 shows the infrastructure construction timetable and estimated construchon
or acquisition costs for the community facilities in the District. The estimates are 10
constant 1991 dollars. The petitIOner currently envisions one bond issue and expects
to transfer the eXisting Improvements to the CDD in one phase.
The financial design of the Quantum CDD was carefully formulated to help assure
that the District will be strong, stable, and can stand alone throughout its lifetime. A
detailed cash-flow model for the proposed district was constructed. The model, which
is proprietary, was used to simulate a Wide range of potentml future economic
conditions under which the proposed dlstnct might have to operate. In all cases the
proposed financial structure allowed the Quantum CDD to remain financially strong
and capable of carrying out its obligations. The important features of the financial
design for the proposed Quantum CDD are discussed on the following page.
As outlined in Table 1, Quantum CDD is projected to finance the acqmsltlon and/or
expansion of the followmg facilities which will serve Quantum. 1) the surface water
management system, 2) artenal roads (maIO road network), arterial streets, Sidewalks,
and IIght1Og; 3) an 1-95 interchange at N W 22nd Avenue; (4) parks, open space, and
landscapmglbuffenng.
The petitioner will ask the District to finance 10frastructure construction and/or
acquisition exclusively through issue of revenue bonds. The bonds Will be repaid
through special assessments levied against landowners all benelitted within the
District.
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Funds for District operations and maintenance of District facilities can be generated
via maintenance assessments. Additional revenues may also come from user fees. In
this way the property which receives the benefits of District services is the property
which will be obligated to pay for those services.
Finally, the Quantum CDD has no plans to issue general obligation debt or to charge
ad valorem taxes. The financial structure of the District is such that there is no need
to use ad valorem taxation.
1.4 Summary of Economic Impacts
Section 120.54(2)(b), F.S. defines the elements an economic impact statement must
contain.
(1) An estimate of the cost to the agen~ of the implementation of the
proposed actIon. including the estimated amount of paperwork: (2) An
estImate of the cost or economic benefit to all persons directly affected by the
proposed action. (3) An estImate of the proposed actIon on compelItlon and
the open market for employment. If applicable: (4) A detailed statement of
the data and method used In makIng each of the above estImates. and (5) An
analysis of the impact on small business as defined in the Florida Small and
MInority BUSIness Act of 1985.
The economic impacts of the proposed Quantum CDD are summarized below
Costs and Benefits of Establishing Quantum Community Development District
2.1 Agency Costs to Implement the Proposed Action
Because the Quantum CDD is smaller than 1,000 acres, it does not require review or
action by the Florida Land and Water Adjudicatory Commission (the Governor and
CabInet). Because the proposed CDD IS located within the junsdiction of the
muniCipal corporatIon, the CDD can be establIshed by the City of Boynton Beach
acting alone. There will be two types of costs incurred by the City of Boynton Beach if
the proposed DIstrict is established as requested by thiS petition.
First, the City must review and act upon this petition. This will absorb staff lIme and
require approval by the City CommiSSIon. This petitIon is the first of its kInd that the
City has processed. Therefore the City staff will need some tIme to famihanze
themselves with CDD's formed under Chapter 190 F.S.
Second, the City will Incur a small annual cost to revIew the CDD's budget when It IS
submitted for informational purposes each year
If this CDD is approved, there also will be some annual costs to State agencIes.
Quantum CDD will be required to submit annual financial reports to the Bureau of
Local Government Finance, Oftice of the Comptroller, just as all other UnIts of
government must do, pursuant to Chapter 218 F.S. In fiscal year 1988-89, the Bureau
of Local Government processed more than 1,000 budgets. The marginal cost of
processing one additional report will be negligible.
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Costs and Benefits to all Directly Affected Persons
Section 120.54(2)(a), ES. requires that all economic impact statements examine the
costs and benefits to each person directly affected by the proposed rule, in this case
establishment of the Quantum CDD From an economic perspective, the persons
directly affected include local and state governments, builders and developers,
landowners, consumers, and taxpayers.
2.2.1 The State of Rorida and its Citizens - Costs
Beyond the administrative costs outlined above, there will be no cost mcurr .:d
by either the State of Rorida or the general citizenry due to the establishment
of the Quantum CDD Quantum COD is designed to serve the needs of its
occupants by financmg, constructing or acquinng, operating and mamtammg
the infrastructure and oftice-industnal park services needed by Oistnct
occupants. The District will require no subsidies from the State or its citizens.
2.2.2 The State of Rorida and its Citizens - Benefits
There are several types of benefits which will flow to the State and Its cItIzens
if the proposed District IS established. First, approval of thiS COD satisfies the
intent of the Legislature when It revised Chapter 190, the law governing
community development districts.
"(1) The Legislature finds that: (a) There is a need for uniform. focused and
fatr procedures m state law to proVide a reasonable alternative for the
establishment. power. operation and duration of Independent districts to
manal!e and finance baSIC community development services. and based upon a
proper and fair determmatlon of applicable facts. an Independent district can
constitute a tlmelv. erticient. effective. responsIVe and economic way to
deliver these baSIC services. proViding a solutIOn to the States planning.
management. and financmg needs for delivery of capital Infrastructure to
service prorected growth Without overburdening other governmcnts and thclr
taxpayers." (Section 190.002 F.S.)
The second benefit which the state and its cItIzens receive IS the improved
level of plannmg and coordinatIon which the CDD will proVide. ThiS will help
to minimize any potential spillovers onto other cItIzens or JunsdlctlOns.
It is in the public interest that lon~ range plannin~. management. and
financing and long term maintenance. upkeep. and operation of baSIC services
for community development distncts be under one coordInatcd entIty."
(Section 190.002(1 )(c). F.S.)
By enacting the Uniform Community Development District Act of 1980 and
reenacting it In 1984, the Legislature recognized that therc are substantIal
pubhc benelits from well planned community developments In Ronda. That
IS one of the reasons the 1984 Legislature reVised and reenacted Chapter 190,
ES. The alternative of piecemeal, helter-skelter development, which tYPically
lacks the upfront investment In roads, proper drainage, water and wastewater
systems found m planned commUnities, is no longer encouraged in Florida.
Quantum is just the type of well planned development envISioned m Chapter
190.
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It is most difficult to place a dollar value on these benefits. However, they are
certainly substantial. Furthermore, given the small costs involved if the CDD
is approved, the benefits clearly ovelWhelm such costs, yielding sigmlicant net
benefits to the State and its citizens.
2.2.3 City of Boynton Beach and its Citizens - Costs
Because Quantum CDD is smaller than 1,000 acres and it is located within
the jurisdiction of a municipal corporation, the admmlstrative costs for
establishing the Distnct are borne by the City of Boynton Beach and Its
citizens. The City of Boynton Beach has the opportunity to review and
comment on the application to establish the Quantum CDD, and it may hold
a local public hearing on the issue.
Concern that District obligations, particularly debt payments, could become
State or City obligations is without foundation. This point was made explicitly
clear by the Legislature when it adopted Section 190.002(3), ES.
II It is further the purpose and mtent of the legislature that no debt or
obligation of a district shall constitute a burden on any local general purpose
government Without Its consent". Section 190.002(3). ES.)
Moreover, ES. 190.016(15) proVides exphcitly that "... A default on the bonds
or obligations of a district shall not constitute a debt or obhl!atlon of a local
general purpose government or the state."
The relevant concern here is whether Quantum CDD will be a financially
viable entity Will it have the revenues to finance its share of community
infrastructure, and will it have suflicient revenues for operating and
mamtammg its mfrastructure?
To examine this issue, a detailed cash-flow model of the proposed Quantum
CDD was developed. This proprietary model was used to assess the
performance of Quantum CDD under a wide vanety of potential future
economic conditions including environments of high and nsmg interest rates
With inflation, deflation, slow absorption at Quantum, and the like. The
results show that the financial design of the. District is strong and stable over
all reasonable economic environments it may face. The results of the finanCial
modeling also indicate that the Distnct will be able to meet Its finanCial
obhgatlons on an ongoing basis.
As noted in section 1 3, Quantum CDD has a conservative financial structure.
There are no plans to issue general obligations debt, which would be backed
by the full faith and credit of the District. The Dlstnct does plan to Issue
bonds to finance the acqUisition or expansion of District infrastructure,
including artenal roadways, collector streets and sidewalks, parks, capital
contribution to the construction of an 1-95 interchange at N W 22nd Avenue,
landscapmg and hghting, and secunty systems. The debt service for these
bonds will be proVided by special assessments.
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A maintenance assessment will cover other Distnct expenses for operatmg
and maintaining District facilities. Additional revenues may also come from
user fees. Imtially the developer will pay most of the assessments, because the
developer will be the largest landowner Should sales be slower than
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expected, the District's mamtenance budget will not suffer Instead, the
developer will pay a greater proportion of the maintenance assessments than
expected. Because of this financial structure, the distnct s revenues will not
and cannot decrease.
Finally, the District intends to contract with the Palm Beach County Tax
Collector to collect Its taxes. The cost for this service will be defrayed through
the fees charged by the Tax Collector These costs will not be borne by the
resIdents of Palm Beach County or the City of Boynton Beach m general.
Instead these costs will be borne entlfely by the residents and owners of
property within the District.
2.2.4 City of Boynton Beach and its Citizens - Benefits
The proposed Quantum CDD will provide a number of economic benefits to
the City of Boynton Beach and its citizens. First, since citizens of Boynton
Beach are also citizens of the State, they receive the same benefits from
planned office-industnal park developments as do other citIzens. In fact, smce
the development IS to occur m the City of Boynton Beach and in Palm Beach
County Its CitIzens benefit to a greater degree on this account than do other
citizens living elsewhere in the state. Well planned and well financed
communities are attractive locations for new residents and new or expandmg
busmesses. The availability of such communities enhance the qualIty of lIfe
and the economic development of the areas in which they are located.
Second, the proposed District is the best means of assuring that tenants in
Quantum receive the services they need, while at the same time restricting
the costs to Quantum occupants who receive the services. The District will be
run by landowner elected representatives during Its mltial six years.
Subsequently it will be run strictly by qualItied electors of the Dlstnct. This
financial governance bmds those who receive Distnct services to the
obligation to pay for those services. At the same tIme, this structure also
allows Quantum occupants to control the entity which proVides the servIces
and leVies the assessments to pay for those services. The City or the County
are not Involved m any way in the operation or finance of the Dlstnct.
However, should the City wish to take over any CDD provided function or
terminate the District, there are proVisions in Chapter 190, F.S. for these
capabilities. Thus, the City does not lose control over the Distnct but, by the
same token, it IS not oblIgated in any way to proVide CDD services to the
properties within the District.
The third benefit which accrues to the City and its citizens is that a
Community Development Distnct is the sole mechanism by which the City is
completely freed from the management and administrative burden of
Quantum. Since the District is an independent special district, it has its own
mdependent board and budget and must see to its own administratIOn. This
arrangement for governing and administration the Distnctmeans a cost
savings to the City, compared to any other arrangements. Any other form of
government and linancial structure would make the City at least partially
responsible for the Distnct's services.
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Consider the three fundamental alternatives to a CDD at Quantum. (1) a
dependent district like an MSTU, (2) a property owners' association, or (3)
City provision. Establishment of a dependent, MSTU type of district m place
of the CDD would require the City to staff the MSTU Furthermore, any
financing by the MSTU for provision of infrastructure would inure against the
bonding capabihties of the City, further restricting the City's abihty to proVide
needed infrastructure to the City of Boynton Beach. For these reasons the
COD is clearly a superior option.
The second conceptual alternative to the CDD would be a master property
owners' association. While such an association could provide the necessary
staffing and decIsion making for land in the District, such associations
typically lack the capabihty to issue bonds and other forms of long-term debt.
Thus, it IS doubtful that an association could effectively finance, construct or
acquire the necessary community infrastructure.
The final alternative to the CDD is provision of mfrastructure by the City
This alternative is clearly inferior to the establishment of the COD. Without
the CDD the City would have to plan, finance and build or acqUire the
community infrastructure using its own revenues and stafr. By contrast,
establishment of the proposed District avoids these costs.
A final benefit, which accrues to the City and its Citizens from the
estabhshment of the Quantum office-industrial complex, is that by having the
District finance, construct or acquire the necessary infrastructure, the
development of Quantum will be accelerated. It will allow the potenl1al
savmgs in financing costs to be passed through to reduce the pnce of
Quantum finished land. This means the jobs and the income which will be
generated at the oftice-industrial park complex, and penpherally throughout
Boynton Beach, will occur sooner than would otherwise be the case.
In conclusion, estabhshing a CDD is the best way to assure that growth pays
for itself. The DIstrict mechanism allows the oftice-industnal park and
economIc development process to take care of its own needs. It restricts costs
to those who benefit from the services provided.
2.2.5 Apphcant - Costs
The applicant will incur substantial costs if the proposed Dlstnct is approved.
These costs can be grouped into three categories. (1) plannmg and applying
for the District; (2) contributions of management and technical assistance; (3)
District speCial assessments and fees.
It is costly and time consuming to plan and apply for a COD The applicant's
Quantum COD Task Force Includes economists, attorneys, mvestment
bankers, engineers, planners and experienced district managers.
Second, the District will need managerial and technical assistance from the
petitioner from time to lime, especially in the early years of its operation.
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Third, the applicant will pay substantial District special assessments and fees
over the life of the project. Indeed, m the early years of the Dlstnct the
petitioner will be the District's largest taxpayer
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2.2.6
2.2.7
Applicant - Benefits
Quantum CDD will provide the applIcant with three economic benefits. First,
Quantum CDD would provide access to tax-exempt l1nancing for a portion
the office-industrial park project's infrastructure.
Perhaps just as important as any cost saVIngs is the fact that through District
tinancing the debt obligation does not appear on the balance sheet of the
petitioner Such off-balance-sheet linancmg IS useful and valuable.
Finally, much of the benefit from the availability of tax exempt financmg
ultimately accrues to the end user of the land within the CDD Lower cost
mfrastructure will mean lower costs for users. In addition, the District will be
operated for the benefit of Quantum. This helps assure that the high
standards which the applicant has set for Quantum will be preserved through
the hfe of the project.
Another benefit m establIshing the CDD IS that, through a District, the
developer is better assured that necessary mfrastructure will he m place when
it is needed. This would help to satisfy growth management laws requlflng
concurrent availability of infrastructure to support proposed development.
A final benefit to the petItioner is that, through a district, the petitioner will
create a perpetual entity to manage and maintain major clements of the
development. This is an aid to obtaining the necessary development permits
and monitonng their environmental compliance.
Consumers - Costs
Consumers are people who will purchase land or rent space at Quantum.
Should the proposed CDD be established, District occupants will be required
to pay District special assessments and fees over and above their City and
County taxes. District special assessments do not affect or offset City or
County taxes. It is thiS increment of expense on top of City and County taxes
which is the cost of the CDD to consumers.
As noted above, Quantum CDD would be asked to finance and construct or
acquire the surface water management system, arterial roads, collector
streets, sidewalks and lighting, parks and landscaping, and participate in the
linancing of the 1-95 interchange at N W 22nd Avenue for the benefit of ItS
occupants. Current plans identify three categories of expenses for which
Distnct occupants pay.
(1) monthly utility charges
(2) taxes collected by the City and County
(3) special assessments to pay for District capital costs.
While the third category appears to be an additional cost to the consumer
created by establIshment of the CDD, this is actually not the case. The
services that these fees and assessments linance must be provided [or the
development. No matter what the alternative method of service proVISion
and revenue collection, ultimately the Quantum occupants will be paymg for
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these services. A CDD provides the options of having higher levels of
service, financed at tax-exempt rates, and paid for Via self-Imposed
assessments. Moreover district management and tinancing is generally less
expenSIve than the alternative of an MSTU, property owners' associatIOn,
City provIsion, or developer bank loan financ1Og.
Finally, the estimated budget for Quantum CDD indicates that the various
charges to prospective occupants will be moderate and well within the ranges
typical for Rorida cities with strong tax bases. Indeed, the District is not
expected to charge ad valorem taxes during its first phase, and could not do so
until the District's board is elected by its occupants. In addition, ad valorem
taxes - other revenues will be adequate for the task.
2.2.8 Consumers - Benefits
District occupants will receive four major classes of benefits If the CDD is
approved. First, those in the District will receive a higher level of public
services and amenitIes than would otherwise be the case. Quantum is
designed as a high quality office, commercial, industrial, and R&D project
with high servIce demands. To be successful the petitioner feels that a
mechanism is needed to help assure a high level of public services consistent
with the Quantum project. A CDD IS the best vehicle for thiS purpose.
Second, the CDD is a mechanism for assuring that the community services
and amenities will be completed concurrently With development of the rest of
the land. This satisfies the revised growth management legislation and assures
that growth pays for itself without undue burden on consumers.
Third, by financing its 10frastructure through the CDD, Quantum can, and
will, pass the benetits of off-balance sheet financing of its infrastructure to the
purchasers of land 10 the park. Without the CDD these costs would have to
be recovered via higher land costs.
Finally, a CDD is the sole form of governance which allows Dlstnct
landowners to fully control the type, quality, and expense of Dlstnct services,
provided they meet the City's overall requirements.
It should be clear that, on net, the formation of the Quantum CDD will
benefit its owners and occupants. The District will be controlled by District
landowners, and it will be operated for the benefit of Dlstnct property
owners. The CDD Will help ensure that the high standards the applicant has
set for its development will be met.
Competitive Effects
Approval of Quantum CDD will have a moderate effect on competition 10 the market for
office/commercIaIlindustnallR&D space in the City of Boynton Beach and 10 those areas
where there are projects Similar to Quantum. The development is designed as a high quality,
onice/commercial/industriallR&D development. As such, It competes With other
developments servmg the same niche. The proposed dlstnct does proVide a cost advantage to
Quantum.
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While establishment of Quantum CDn does provide significant competitive advantage, this
same advantage can be obtained by any other landowner who wishes to go through the same
petition process. In other words, no unique competitive advantage would be conferred upon
Quantum whIch IS not available to all other competItors in this market.
Small Business Impacts
Establishment of the Quantum COO can have a positive impact on small businesses by
reducing the costs of land in the Quantum Park. Small businesses that deCIde to locate in
Quantum CDO will be subject to COD special assessments above and beyond those paid by
small businesses located outside the boundaries of Quantum COD. However, location in
Quantum is completely voluntary, and small businesses can determine for themselves
whether the extra charges imposed by the CDD are worth it. In exchange for the assessments,
occupants will benefit [rom a higher level of services than those located outside the DIstrict.
Furthermore, if the businesses own the land they are located on, the busmess will have the
right to vote m CDO electIons.
Finally, the Dlstnct must operate according to Aorida's "Sunshine" laws, and the District
must take bids for the goods and services it will purchase. As a result, small bus messes will be
better able to compete for Oistnct busmess.
Data and Methodology
The data used m this analysis, in particular the buildout schedule and timmg and amount of
infrastructure improvements, came from the petitioner In our profeSSIonal opmlon, the
projections used by the project sponsor are reasonable. Tables 1 and 2 outline the capital
infrastructure, timetable for construction or acqUIsition and responsibilitIes for financmg,
owning, and operating the various commumty infrastructure facilitIes. These data rellect
estimates of costs and tlmmg at thIS time.
From a methodological perspective, we developed a detailed cash-flow model for the
proposed CDO in spreadsheet format. The model is qUIte large and complex, but It
essentially tracks each source of revenue and each major COD cost item. Because the model
contams propnetary mformatlon concerning the Quantum otTice/commerclal/industriallR&D
development project, its complete contents are not reproduced here.
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Table 1
Quantum Community Development District Infrastructure Plan
Facility Comments
Water Management Capital Costs: District
System Ownership: Distnct
Op/Maint: Dlstrict
Financing: Special
Assessments
Collector streets, Capital Costs: District
sidewalks, lighting Ownership: (1) District
systems Op/Maint: (1) Dlstnct
Financing: Specml
Assessments
Parks, Capital Costs: District
landscapinglbuffering, Ownership: Dlstnct
open space Op/Maint: Dlstrict
Financing: Special
A'isessments
1-95 interchange Capital Costs: Distnct
contribution Ownership: Flonda DOT
Op/Maint: Florida DOT
Financmg: Special
Assessments
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Table 2
Quantum Community Development District
Infrastructure Construction & Acquisition
Timetuble und Estimated Costs
Timetable Estlmated Cost
Arterial Road, streets,
Sidewalks, lighting, and
drainage 1991 $21,394,972.00
Parks, landscapinglbuffering
and open space space 1991 $ 6,287,208.00
1-95 engineering and
contribution to build
studies and design balance 1991 $ 4,346,562.00
TOTAL $32,028,742.00
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1990 SUPPLEMENT TO FLORIDA STATUTES 1989
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CHAPTER 187
STATE COMPREHENSIVE PLAN
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187.201 State Comprehensive Plan adopted.
187.201 State Comprehensive Plan adopted.- The
Legislature hereby adopts as the Slale Comprehensive
Plan the lollowlng specllic goals and pOlicies:
{1) EDUCATlON.-
(a) Goal - nle creation 01 an educational environ-
menl which is Intended to provide adequate skills and
knowledge lor students to develop Ihelr lull potential
embrace the highest Ideas and accomplishments, make
a poslhve contribution to society and promote the
ad",,,ncemenl 01 knowledge and human dignity
{b) Po/,cles.-
1 PrOVide for systematic evaluation 01 programs
and systems which Will Identily successful programs
and programs requiring enhancement.
2 Develop ellecllve mechanisms to assess
aChievement levels.
3. Ensure salanes, benefits, and other incentives
which Will allract and retain hlgh-quahty educators In
the numbers needed to meet the educational needs 01
an increaSing popu!ahon.
4 E stabhsh cerhllcatlon and teaching require-
ments which are compatible With the highest levels 01
student performance.
5. Increase student performance as measured by
accepted standard critella.
6. PrOVide alternatives to traditional teaching meth-
ods so that low achle",ers may expenence educational
success and create a work environment condUCive to
Imaginative creatl~e teaching.
7 By 1995, increase opportunities for ccnlinued
learning lor all age groups by 15 percent and Increase
the program complehon rate by 10 percent.
8. Promote educallonal and cultural enrichment
and recreational aclivltles oulslde tradlllonal systems
through the mcreased use 01 communlly and educa-
lIonallacllltles and develop Creallve alternallves to edu'
catlonal programs In order to serve a larger segment 01
the populahon.
9 Increase the articulation and informalion
exchange among all levels 01 public education.
10 Develop programs to meet the educational
needs 01 elderly persons.
11 Continue to support the development of
researCh-based programs lor idenlilYlng and prevent
Ing dropouts In publoC SChOOl and In higher education
Institutions.
12 Invest In Ihe educational system today 10 leach
the baSIC and ad. anced skills that Will ensure ,Is stu-
dents are prepared to become productive clt.zens and
tnal Will attr"ct lh~ Indu!:.try 01 tomorrow
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13. Provide a s)stem 10 d,ssem,r,ate "now ledge 10
solve economic and community probltm!:. thro"gtl 1,111\
ages between buSiness local cOmmun,llt"s and ,nslllu.
tlCJns 01 higher education.
14 Pursue lunds lor research to be conductf:d In tt,e
state.
15_ Improve the quality 01 libraries In public schools
communities, and colleges and Unlvl:;'r5Ihes.
16. Educalion K-12'
a. Expand early learning exper,ences to enr.ance
studenl achievement
b. PrOVide access to a comprehenSive currlc~lum
for all high school students.
c. PrOVide appropriate educat,on prog'ams and
pathways lor handicapped students e"cept,on~11 stu.
dents, and students haVing learrllll9 d,sabd,ltes and
other speCial learning needs.
d. DevelOp procedures lor Identlfytng g,fted stu
dents.
e. Develop appropriate counsel,ng for studenls at
all education levels.
f. Implement research-based dropout prevenhon
programs in all schOOl districts.
g. Identily and encourage polic,es which raise the
expectallons, performance alld motlvallon 01 !:.OCIOE:CO
nomlcally and academically disadvantaged sludenlS.
h. Matntain a classroom enVlfonment Including stu-
dent diSCipline, that IS conduCive 10 Itarnlng \l'>lln appro
prlate use 01 alternahve education 0pportunllles
i. PrOVide the optimum amount ot learrllng time
necessary to Improve student perlormance
j. Increase the use 01 technolc.gj in educalion to
make tnstructlon more ellectlve
k. PrOVide adequate Instruchonal matellals equip-
ment, and lacllilles 10 meet Ihe needS 01 all students
I. PrOVide lor systematic evaluation 01 and report
Ing on educational programs, deliver) systems, and oul
comes at school, diStrict and stale levels.
m. Ensure standard!:. 01 excellE:nce lor teacher edu.
cation and certification and contl:'lutng prufesslonal
developmenl actiVities lor all school personnel.
n. PrOVide a marlagement support system which
will ensure excellence In the perlormance 01 school plln.
clpals and other educalional managers.
o Strengthen Citizen Involvenli:nt al all I.,. els In
public education.
p. PrOVide polocles programs. and curncula I',h,ch
prepare students to undt:rstund arid cvmmun'l-ilh: " ,In
people 01 other nations and 10 COrTIi.'E:te succeSsfully In
the International economy
17 Post!:.econdary educatIon
a. Ensure that the college-Ie el curnculum of the
community colleges corresporlds to tnE: !:,::'SIC sf J.j.E::. vi
the stale unlveISlll~S.
O. Maintain and strengthen thp C~.HIE:nl r::; lc-rn vi
matriculation Irom commurllly C0IibJt-S lu un: t;; S Les
c. Alfo'd Increased opp0rtur,.t,t.;; f..Jr u~:per-d. ,S'vn
and graduale level studies
d Prov,de adm:sslon standards for stale un, c-rSI
hes that recogn,;,e Ine rlg0rous a,- :j"m,c pr.:-~.J' i1! -,11
necessary to meet the a,dllenge., (.1 un".::. t) (,J.. .l:
worl\.
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1990 SUPPLEMENT TO FLORIDA STATUTES 1989
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e Encourage Florida s talented students to obtain
their postsecondary education in Florida.
\. Ensure that univerSities provide a core curricu-
lum in the liberal arts that applies to all lower-division
students.
g Include in the university system teaching
research, and service.
h. Establish and maintain components of national
prominence in the university system.
I. Ensure that the university syslem provides rea-
sonable geographic access consistent With other pOIi.
cles.
,. Recognize private universities and colleges as
an Important component 01 FlorIda s higher educahonal
system.
k. Develop postsecondary consortia whenever pos-
sible among unlversllles, communlly colleges. and pn-
vate Institutions.
I. Expand the participation of private partnerships
in recruiting additional nationally recognized taculty
SuCh as emlnenl scholars.
18. Vocational education:
a. Provide a unilorm and coordinated system of
secondary and postsecondary vocational education.
O. Provide that vocallonal programs locus their
efforls toward student placement In occupallons related
to their vocational training.
c. Ensure that vocallonal programs provide up-to-
date instruction on the newesl equipment.
d Provide a vocational education program
designed to accommodate FlOrida s changing techno-
logical, occupa\lonal, and educational needs,
e. Encourage vocational inslilutions to coordinate
their programs With the needs 01 business and industry
and provide bUSiness and Industry the opportunity to
assist in developing cUHlcula lor vocational education.
l2) CHILDREN.-
<a) Goal.-Flonda shall provide programs sulficlent
to protect the health, salety and wellare 01 all 01 its chil-
dren.
<b) Policies.-
1 Decrease the number 01 children at risk of
becoming delinquent, abused, or otherwise dependent
on society through preventive counseling services and
day treatment programs.
2 Treat no Children or adoles:ents in state me~tal
health instllutloflS and prOVide thai the primary empha-
SIS on mental health treatment 01 Children shall be com-
munity-based selVlces.
3. PrOVide training In normal Child development and
homily relationship skillS In public education programs at
all le",els.
4 Sponsor seminars and clinics for parents on posi-
tive ways to harldle stress related to child-rearing
5 Encourag€' prevention programs In sctlools and
COmmuMy centers to decrease the Incidence 01 teen-
age pregnancy and pro""de programs to reduce the det.
rlmental elfects of teenage pregnancy
6 De..elop and parllClpate In alCOhol and drug pre-
vention pr('grams In Ihe schOOl system and In the com.
munlty
7 Encourage the development and public aware-
ness of community support networks lor parents and
children at nsk 01 abuse or drug or alcohol dependency
8. Target lunds lor Intensive prevention programs
to lamilies at fisk 01 child abuse or substance dOuse
problems.
9. Develop and expand prevention, Idenlllicatlon,
and treatment programs lor subs lance abusers whO are
children or adolescents.
10. Encourage private sector involvement in preven-
hon programs through employee assistance programs.
11 Promote the preservallon C1nd str~nglhenlng 01
families by providing programs deSigned to reduce the
occurrence 01 abuse and neglect.
12 Promote educallonal programs 10 increase
awareness in children ollhe darnag~ 10 It,e,r minds and
bodies caused from Ihe use ot alcohol drugs and
tobacco.
13. Provide timely intervention and treatment ser
vices in the appropriate selling when Incld~nts of abuse
or neglect do occur
14 PrOVide a comprehensive range 01 children s
mental health serVices, Irom prev~n\lon programs to the
leSS-Intensive reSidential programs, With minimal use 01
Institu!lonal selllngs.
15. PrOVide secure Intensive treatment lacilities lor
children and adolescents whO due to their aggressive
or VIOlent behaVior would otherWise be trealed In place-
menls In other states or In institutional Sf:t\lngs IfI r lor
Ida.
16. EmphaSize prevention and nonreSidential ser
vices directed toward keeping children In their homes
and communities, with each child's protecllon and well-
being as the IlIst priority
17 Provide a strong interagency case-
management system, including approprlale Slate agen-
Cies, law enlorc.ement SChool dlstflcls and community
mental health centers, to ensure me proper placement
01 children In need 01 services.
18 DevelOp a communlly-onented Juve~t1e justice
system which meets the IndiVidual needs of referred and
committed yOuth ollenders and which treats Juveniles In
the least reslnctlve manner while ensuring the safely 01
the communlly by holding Juveniles accounlable tor Ihelr
behaVior and by hnking reentry Into the community 10
slable behaVior
19. Develop a Child abuse service system thai Will
detect abuse and neglect in the early stages intervene
promptly and eflectlvely 10 both family "nd nontarlllly
settings and apply a multidisciplinary a"ld abuse pre-
vention/treatment team approach.
20 Expand prenatal and perlnalal screenang pro-
grams In order to increase the number 01 at-ns'" molh-
ers and Inlants who receive prevention services.
21 Incrt:ase 1M slate 5 capacity to ~rO"lde training
and supporl ser"'lces 10 devt:lopmentally dlsitbl€'d cnll
dren and adolescenls In lrle community
22 Ensure thai all current and new programs lor chll.
dren and adolescenls are as lam,ly-bc;,;<;ed and sup.
porllve 01 the liJmlly urlll a~ lea.slble tnc,,,,t "'lJoslrlg
the child to unacceptable pnys.cal and "m.:;l,onal n<;ks
23 Expand Ihe rangll 01 prograrrs currently aV<1I1-
abie lor Children with ph)'slcal l.andIC"ps other tll.,n
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developmental disabilities, learning disabililies and
emotional problems.
24 Ensure the salety of children and the quality 01
services they receive In resldenllal, day care and treat-
menl programs through necessary and appropnale reg-
ulations
25 Eslablish a s)'stem to determine and evaluate cli-
enl outcomes and program ellectiveness for all pro-
grams ~erl(ing children. youth, and lamllies.
26. Provide lor a syslema\lC outcome evaluation of
programs and services to children.
(3) FAMILlES.-
(a) Goal.-Flollda shall strengthen the family and
promote ils economiC independence
(b) Po/,c,es.-
1 E!lmtnate state policies which cause voluntary
lamily separations.
2. Promote concepts to stabilize the lamily unit to
strenglhen bonds between parents and children.
3 Promote home care services lor the Sick and dis-
abled
4 Provide linancial support lor alternative child
care services.
5 Increase direct parenlal involvement In K-12
educa\lon programs.
6. Promote tamily dispute resolution cenlers.
7 Support displaced-homemaker programs.
8. PrOVIde Increased assurance thai child support
payments Will be made
9. Actively develop Job opportunitres, community
work experience programs, and Job training programs
lor persons receiving governmenlal financial assistance
10 Direct local law enlorcemenl authorihes and dls-
Iflcl menial health councils to Increase ellorlS to prevent
family Violence and to adequately puniSh the gUilty
party
11 Provide linancial mental health, and other sup.
port lor vlctrms of lamlly Violence
(4) THE ELDERLY-
(a) Goal -FlOrida shall Improve the quality of Iile for
its elderly cllitens by promohng Improved prOVISion 01
servIces With an emphaSIS on Independence and selt-
suffiCiency
(b) Po/lc,es.-
1 Increase the percentage 01 elderly persons who
are liVing self-sufflclenlly wllh emphaSIS ~pon those
indiVidualS aged 75 years and older
2 Develop and Implement prevenlive serVices and
~I dtegles 10 mal\lmlZe IndivIdual Independence and to
delay or 10 a....old Inslllutlonal.zatlon.
3 Strengthen Ihe care-g,vlng capaclly of lamlly
members and other ,nformal supporl prOViders In order
10 pre-ent ne;jiecl. explOitation and abuse 01 eiderly
persons.
4 Supporl cost-effective communlly allernatlves
to long-Ierm I"ISlllultonal care
5 Integrale health care and SOCial serv,ce delivery
Sy5tems 10 pravlde comprehensive coordInated cosl-
effective care It':at IS responSive to Individual needs.
6. l'Tlpl.:ment a case-management system which
WIll aS~Jre de'lvery 01 appropriate servIces With an
emphaSIS on IndiVidual needs. control access to long-
term cafe ser....ces and mon.Ior expenditures.
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7 Promote geriatric health care education pro-
grams to improve quality of care.
8. Ensure the nght of patients, to the extenl leasi-
ble to determine the course 01 their own medical treat-
ment.
9 Provide services designed to increase the
involvement of elderly persons in Ihe day-tO-day Iile 01
the community to ensure their adequate hOUSing, and
to improve employment opportuOllles lor those elderly
persons who are willing and able to work.
10. Improve and expand transportation services to
increase mobility 01 elderly persons.
11 Increase the parlicipatlon 01 the elderly in educa-
tion and SOCial service programs serving children.
12. PrOVide serVices and target resources 10 those
elderly persons with the greatest need.
13. Ensure the adequacy 01 health and social ser
vices through nonduphcatlve licensure and cer\llication
actiVities rn order to prOVide lor syslemalic regulatory
overSight
l5) HOUSING.-
(a) Goal.- The public and private sectors shall
increase the aflordablllty and avaIlability 01 housing lor
lOW-Income and moderate-Income persons, including
Citizens In rural areas, while at the same lime encourag-
Ing sell-sulficlency 01 the indiVidual and assuring envl-
ronmenlal and structural quality and cosl-ellectlve
operations.
(b) Pol,cies.-
1 Eliminate pubhe poliCies which result in housing
discrimInation, and develop poliCies which encourage
hOUSing opportuntl,es lor all Flonda s citizens.
2. Diminish the use of Instllulions to house persons
by promollng deinstltutlonallzatlon to the malllmum
extent possible.
3. Increase the supply 01 safe allordable and sani-
lary hOUSing lor low-income and moderate-income per
sons and elderly persons by alleviating hOUSing short-
ages, recycling older houses and redeveloping residen-
tial neighborhoods. idenlilYlng hOUSIng needs prOViding
incentives to Ihe private seclor to bUild allordable hous.
ing encouraging public-pnvale partnerships \0 maxI-
m,ze the creation 01 affordable hOUSing, and encourag-
ing research Inlo low-cost hOUSing construchon tech-
niques, considenng hie-cycle operating costs.
4 Re1uce Ihe C051 01 hOUSing construction by elim-
inatIng un...ecessary regulatory praclices which add to
the cosl 01 housrng.
(6) HEALTH-
(a) Goal -Flonda shall cultivate good health lor all
ils Citizens. promote IndiVidual responSlbillly lor good
health assure access 10 affordable quality health care
and reduce heallh Ciire cosls as a percentage 01 the
totalllnanClal resources available to Ihe stale and lIs cIII.
zens.
lb) Po/icies.-
1 Promote innovalive health maintenance and
Improvement through ind'vldual actIon. lacllltated by an
array of public heallh pflmary care and risk reduclion
services.
2. Ensure Ihal necessary heallh serVices are avail.
able to an F1ofldlans, ....h,le aggreSSively sei:klng means
to contain health care cosls Ihrough public mlormahon,
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appropnale competilive and regulatory inlhatives. and
insurance relorms.
3. Decrease through prevention, the number 01
persons whO are mentally ill developmentally disabled,
malnourished or addicted to drugs or alcohol. decrease
the number 01 such persons in large state Institutions:
and Increase the scope extent and level 01 the service
01 community programs for such persons,
4 Make available communtly-based treatment and
rehabllllative serVices on a statewide basIs through
licensed and regulated facilities and ensure that ser
vices are accessible to all potential clients, including lor
mer hospital paltents whO are homeless and are Ire-
quently served through shelters.
5. Treat clients In the most appropllate setting in
accordance with recommendations included In their
treatment plan, with emphasIs on serving clients in their
own homes.
6. Develop small regional lacilities as a part 01 the
range 01 community-based services available 10 clients.
7 Make available for other state programs Institu.
tionallacllitles vacated as a result 01 delnstltullonaliza-
tlon, in order to mitigate the economic ellects of closure
on commumtles.
8. Ensure the maximum emphasis possible on com-
munity-based care lacilitles lor the mentally retarded.
9. Young children:
a. PrOVide a lull continuum 01 care lor pregnant
women through health planning and program implemen-
tation. Such services may include but not be limited to,
prenatal care access to low-cost dehvery lacihtles such
as brrthlng cenlers. obstetllc and gynecologic services,
and when necessary access to neonatal inlensive care
cenlers. Additional programs should be developed 10
provide equal access to medically Indigent pregnant
women.
b Provide every woman and child needing inlen-
slve pennatal services With such services.
c. Expand developmental services lor children to
help developmentally delayed children achieve the high.
est cognrhve phYSical, emotional, and producllve lunc
hons.
d Implement routine screening lor chronic, dis-
abling diseases In all prenatal care examinations.
e PrOVide all lamllies unable to prOVide essential
nulrihonal meals to children With means to do so by pro.
vld,ng a range 01 serVices, ,ncludlng volunteer and ct',an-
table assistance through the pllvate sector assistance
hom the state and assistance 10 Ilndlng employment
I Creale publiC health cliniCS to prOVide lIexlble pn.
mary care coverage lor children.
g Make comprehensive pediatric screening lor
chrltjhood diseases available In elementary schools.
h Oller preventive dentistry screening services.
Inlllale comprehensi~e exercise nutrition and
weight managemenl cUfrlcula to promote early pOSitive
heallh habits
10 Adolescents
a Initiate school health serVices 10 Idenllly and
refer lor Irealment children With chroniC diseases.
~J Inlllale school health servIces whlc.h prOVide
health education 10 reduce emergence ot smoking. sub-
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stance abuse obesity slress and other unhealthy
behaviors.
c. PrOVide lor intensive noncoercive substance
abuse Identlllcation and treatment programs lor adoles-
cenls.
d. Introduce on a statewide basis family Iile educa-
tion cUfrlcula to promote responsible attitudes toward
mature behavior
e. PrOVide programs to prevent and reduce the inci-
dence of teenage pregnancy and ensure Ihe availability
of programs to assist pregnant teenagers, Including pre-
natal care parenting skills and lollowup after delivery
I PrOVide curricula to educale children In the pre-
venlton 01 aCCidents.
g. PrOVide lor menial health services that promote
positive mental health and when necessary prOVide
counseling lor depression and other major psychologl'
cal and emotional disorders or dyslunctlons.
11 Adults:
a. PrOVide at universities at'ld colleges on-campus
exercise lacilities and stress reduction classes to stu-
denls.
b Institute and encourage the development 01
exercise lacilitles in the work place lor employees and
prOVide incentives to such employees to encourage par
tlclpatlon
c_ PrOVide incenlives to discourage smokrng and
encourage personal weight maintenance.
d '""late programs so Ihat employers and pubhc
health clinics can Identify persons who have or are at
high risk lor chronic diseases.
e Provide lor intenSive noncoerClve substance
abuse identiflcallon and trealment programs by stale
government and pnvate employers to thelf employees.
I Provide intormalton concern'''lg Cllmlnal penal.
ties lor dealing In Illegal drugs.
g. Provide Inlormalron as to the danger of cllminal
penalties lor driVing while under the Inlluence 01 alcohol
h. Make behavior reinforcement cliniCS avaIlable to
assist indiViduals who WIsh to begin a hollslrc health
schedule and to reduce smoklOg. subslance abuse,
obeSity and stress-related Illnesses.
i. Make publiC health and pnvate clinics available
to screen lor de:tect and treat degenerative diseases,
SuCh as arthfllis sickle cell disease Parkinson's diS-
ease multiple sclerOSIS kidney deterioration, neurologiC
dysfunction and heart dl~ease as early as pOSSible
J. Establish pnmary care ser 'Ices in rural and urhan
areas so that access 10 Such care IS available 10 all Cltl'
zens of the stale
k PrOvide lor the establishment by the slate and
pllvate sectors 01 unllorm organ p'OC<.lremenl proce
dures conSistent wllh sound med'cal and ethical prac
tlce
I PrOVide prescrlplron drugs and other pl)arma
ceul'cals to those In economic need In order to restore
them to selt-sutlrclency
m Expand eXisting vocational rehabi"'alron pro-
grams to prOVide restorative services to moderately
t',arld,capped I~dlvlduals c.nd develop other rehabllila
tlve programs.
n Discourage practices leading 10 itleslyle Illness
such as high ct'lolesterollevels and I',earl disease smok
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lng-related cancers, substance abuse chronic obesity
malnutrition and other eating disorders, and nervous dis-
eases relaled to stress, through media campaigns.
insurance Incentives and diSincentives. and availability
01 treatment.
O. Provide for stringent regulations and enforce-
ment to prevent exposure 01 humans to enVlfonmenlal
tOluns, carcinogens, and radiation.
p Initiate comprehensive occupal.onal health
salety and prevention programs to reduce occupational
hazards.
q. lo.hate heallh educahon through the media, adult
education, employers. and so lorth to teach Individuals
sell-mon.toflng tor detection 01 health concerns such as
high blood pressure precancerous Indicators and neu-
rological disorders.
r EmphaSize geflatric health services by the state
medical schools, and private phYSicians.
s. Promote research 01 diseases occurrang With par
ticular Irequency In Ihe elderly 10 discover means to pre.
vent treal and ameliorate SuCh diseases.
t. PrOVide lor gerialflc medic me management and
education programs by the state and Ihe private sector
to assist the elderly 10 taking melr medicines.
u. Expand the state's ellorlS to Idenlily and treat
chroOlC, deblhtahng diseases which occur With particu-
lar \requency in the elderly
v PrOVide Intensive nutrition and diet education
programs to the elderly
w Initiate programs to reduce the inCidence and
seventy 01 elderly abuse and neglect.
x. RecrUit able-bodied. healthy elderly people as
volunteers to teach children and younger adults healthy
hlestyle habits.
y Make medical and health support ser",ices avail-
able to ensure the good health 01 the elderly In noninsti-
tutional selllngs.
z. PrOvide pnmary health cliniCS for the elderly to
receive comprehensl",e case management and Immedi-
ate relerral to acute care instltuhons. when needed.
aa. Promole fleXible Integra led phySical, psycholog-
ical and SOCial services to assist the elderly 10 remain
aClive at home. Alternate Ihls With respite n.;rSlng care
10 aVOid inappropflate Instltutionalizalion.
12. Ensure that all health-care-related policies and
programs emphaSIZe wellness, the prevention 01 Illness
and Injury and li:haolhtah"e care
13. DevelOp payment systems lor pubhc and private
seclor nealth cafe services 10 whiCh costs are negotl.
ated belore serVices are dehvered.
14 Provide incentives lor pravate seclor Insurance
covHage tor e..traordlnary health care needs especially
long-term care.
15 Target resources lor preventive and rehabilita-
tion programs and care at the earhest stages pOSSible
lor populallon groups most at risk 01 needing care Ihal
WOuld be more costly II delayed
16 Encourage compelltlon In the market lor heallh
care goods ana serVices, Increase the avallaOllity 01
health care pricing ,nformallon and promote COSI-
conscIousness among prOViders. consumers and pub.
Iic and pnvate Insurance companies.
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17 Assure that there is a reasonable relationship
bel ween the coslS 10 heallh prOViders 01 eqUipment
supplies, and serVices and the Charges made to con-
sumers.
lB. AVOId the unregulated Shilling 01 costs lor Ireal
ment 01 indigent patle.nts 10 other (Jatle.nt groups and
serVice catego/les.
19. Expand and improve current ellorls to protecl
public health through clean air and water requlfemenls.
20. Encourage private sector partlclpallon In deCI-
sions allectlng health care costs.
21 Include health education courses in currIcula at
the elementary secondary and postsecondary school
levels.
22 Increase research and medical school Instruction
deSigned 10 advance Illness-prevention and promote
wellness.
23. Promote organlzalions and other arrangements
which emphaSize wellness, preventive care and rehabll-
itallve care. and encourage appropriate ulllllatlon 01
health care StHvlces to reduce IIlni:sS and exlerld file
24 Promote the developmenl 01 buSiness health
care coalitions thai enable employerS 10 take an aclive
role In contrOlling health care costs.
25. Establish a laIC SySlem Ihat prOVides incentives
for health ilnd exerCise acllvltles.
(7) PUBLIC SAFETY-
(a) Goal.-Florlaa shall protect the public by pre-
venting, discouraging and punlsrhng cllmlnal behaVior
towerang the highway death rale and protecting lilies
and property lrom natural and m"nmade disasters.
lb) Polie,es.-
1 By '995 protect the public trom cr,mes by lower
Ing the reCidIVism rate by at least 15 percent and b(
expanding proven alternallve correcllons programs and
Increasing the ell.-olfenders employmenl rdte by at
least 10 percent
2 Millotaln sale and secure pllsons and other cor
rectlonal laCllllies with the reqUired number 01 ...,ell-
trained stall.
3. PrOVide ellecti",e alternahves to mcarceratlon lor
appropnale olfenders and encourage Victim reslltullon.
4 Make the correcl,ons system as Imanclally COSI-
ellectlve as pOSSible through prls0n mdustrles ..nd vlr,er
Inmate work programs and through c0ntraCI...a; a;}lee-
ments With public. and pllvale vendors.
5 Continue 10 monitor educ"t.~lnal and vocat,anal
Iralnlng 01 Inmates 10 assure thai uur goal ot Incrt:<:s,ng
the h~.E-IIttood 01 successlul remlegrabon InlO It-Ie com-
munity IS beIng accomplished
6. Ensure that all Inmates have access 10 compre.
hensive heallh care Incl.;dlng elfect"o'e d;"gnc .I,e "lid
treatment programs lor otlenders sulferlng hum SUrJ-
stance abuse. or pSfcrlolog,cal d,:,Ofders
7 PrOvlae Incentives whiCh \\'111 "llraCI and r""a,n
hlgh-q\,;alily law entorcement and cOrrectional otkers
8. 8f 1995 re-duce Ihe serlou~ cnme rale by 25 per
cent and reauce tne volume 01 Illegal arugs H1IH '19 Irle
state
9. EmphaSize the reduction 01 serIOUS crIme ~"rtlc
ularly Violent organized. econull"t,C and drug-I -Idled
Crimes.
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10. Increase the level of trainmg and technical assIst-
ance provided to law enforcement agencies.
11 Increase crime prevenhon efforts to enhance the
protection 01 individual personal salety and property
especially lor those Individuals who are most vulnerable.
12 Ensure that the rights of crime victims are
emphasized and protected.
13. Conbnue to Implement coordinated and integra-
ted strategies to combat organized clime economic
crime, and drug tralhcklng.
14 Expand the state s provisions for the protection
of witnesses in criminal cases, especially organized
Clime cases.
15. Strengthen the state's commitment to pursue,
both cllmlnally and CIVilly those individuals who profit
from economic crimes, and assure that the commitment
keeps pace with the level and SOphlstlcallon of these
Cllminal achvltles.
16_ Improve the elllciency 01 law enlorcement
through the establishment 01 a close communication
and coordination system among agencies and a com-
prehensive reporting system tor Such types 01 criminal
actlVllles as lorcible lelonles and organized economiC,
and drug crimes.
17 Improve the elfectiveness of the delinquent juve-
nile justice system commitment programs to reduce
recidiVism 01 Juveniles whO would otherWise be recom-
milled to state supervision.
18. Utilize alternahve sentencing and dispute resolu-
hon when appropriale particularly In civil disputes and
minor criminal violations.
19. Increase the state s commitment to stringent
entorcement 01 laws against drunken or drugged driv-
Ing.
20. Expand public awareness campaigns that will
emphasize the dangers 01 driVing while under ttle 101Iu-
ence ot alcohol or drugs.
21 Promote ellorts to encourage the use 01 personal
satety restralnl devices lor all persons traveling In motor
lIehlcles.
22 Improve the enforcement 01 and compliance with
sate highway speed limits.
23. PrOVide ellective and elliclenl driver licensing
systems, Including a reliable testing systf:m that Will
help ensure that only qualilied driverS receive duver s
licenses.
24 Requlle local governments, in cooperation with
regional and Slale agencies, to prepare ad-vanc" plans
tvl the sate evacuation 01 coastal reSidents
25. ReqUire local governments, in coo~eratlon with
regional and state agencies, to adopt plans and poliCies
10 protecl public and pllvate property and human lives
from the eUects of natural disasters.
l8) WATER RESOURCES.-
(a) Goal -Flolida shall assure the availability 01 an
adequale supply of water tor all competing uses
deemed reasonable and beneficial and shall maintain
trle lunctlons 01 natural syslems and the overall present
level 01 surface and ground water quality Flurlda shall
Improve and restore the q..alily of waters not presenlly
meeting water quality slandards.
(b) Pol,c,es.-
1 Ensure the salety and quality 01 dnnklng water
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supplies and promote the dellelopment 01 reverse osmo-
sis and desalinization technologies lor developing water
supplies.
2 Identify and protect the luncllons 01 water
recharge areas and prOVide Incentives tor Ihelr conser
vahon.
3. Encourage the development 01 local and regional
water supplies wilhm water management dlSlrlcts
Instead 01 transporting surface water across dlstllcl
boundaries.
4 Protect and use natural water systems In lieu of
structural alternatives and restore mOdified syslems.
5. Ensure that nev. development IS compallble With
eXisting local and regional water supplies.
6. Establish minimUm seasonalllows and levels lor
sur lace watercourses With pllmary cons,derallon given
to the protection ot nalural resources, espeCially mallne
estuarine and aquatic ecosystems.
7 Discourage the channellzallon, diverSion, or
damming 01 natural IIVCline systems.
8. Encourage the development 01 a stuctfloodplain
management program Oy state and local governments
designed 10 preserve hydrologically slg'1lhcant wetlands
and other natural floodplain features
9. Protect aquifers from depletion and conlamlna-
tion through appropllale regulatory IJrograms and
through Incenllves.
10 Protect surlace and groundwater qualily and
quantity in the state.
11 Promote water conservallon as an Integral part
of waler management programs as well as the use and
reuse 01 water 01 Ihe lowest acceptable quality lor Ihe
purposes Intended
12 Eliminate Ihe discharge 01 inadE.'ql,;ately treated
wastewaler and stormwatel runofllnto the walers of the
state
13. Identily and develop alternative methods 01
wastewater trealment dlspusal, and reuse 01 wasle.
water to reduce degradation 01 water resources.
14 Reserve from use that water nece~sary to sup-
port essential nonwllhdrawal demands, Including navI-
gation, recreation, and the protection 011,501"', and wlldltle
19) COAST AL AND MARINE RESOURCES -
la) Goal.-FIOflda shall ensure t~at development
and marine resource use and beach access Improve-
ments In coastal areas do not endanger puOlic safely Of
Important natural resources Florida shall thraugn
acqulSltlo~ and access implo\lements mak!' ava,lable \0
the state s populal,on add.llonal bfooc"leS anrj marine
environment cons,stent Wltr, SOund "n ..ronmental plan
mng.
llJ) Pollcles.-
1 Accelerate publiC acquIsition 01 coastal and
beachlrontland where necessary 10 prutecl comaal .Ind
marine resOurces or to meel prOjected public demand
2 Ensure the puDlic 50 rlgnl to rtOii"ona!Jle ac.::ess 10
beaches
3. AvOid the el<pendlture 01 slate tunds that subsl-
diU, development In hlgh-t",a:ard coa-otal areas.
4 Protect coasla! reso;.Jrc"s IT.ar "t" reso...rces and
d..ne sy5ot€:ms from ttle ad"erst: dIed ~ at do:: .eI0pm"nl
5 Develop and Implemenl a cc,n,pretJenslve sys
tem 01 coordinated planning man":ii:m"nt "nd 1<J1lL!
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acqulsihon 10 ensure the inlegnty and continued at/rac
tlve Image 01 coastal areas.
6. Encourage land and waler uses whiCh are com.
patible with the protection 01 sensitive coastal
resources.
7 Protect and restore long-term productivity of
marine hshefles habitat and other aquallc resources.
8. AVOid the exploralton and development 01 min.
era' resources which threaten marine aquatic and estu'
arine resources.
9. Prohibit development and other activities which
disturb coastal dune systems, and ensure and promote
the restoration 01 coastal dune systems thai are dam.
aged.
10. Give priority in marine development to water-
dependent uses over other uses.
(10) NATURAL SYSTEMS AND RECREATIONAL
LANDS.-
(a) Goal.-Florida shall protect and acquire unique
natural habitats and ecological systems, such as wet.
lands, tropical hardwood hammocks. palm hammocks,
and virgin longleal pine lorests, and restore degraded
natlJral systems to a lunctional condition.
(b) Policles.-
1 Conserve lorests, wetlands, fish, marine hIe and
wildlife to maintain their environmental, economiC, aes.
thetic, and recreational values.
2 AcqUire retain, manage and inventory public
lands 10 provide recreation, con'ervatlon, and related
public benehts.
3. Prot"blt the destruction 01 endangered species
and protect their habitats.
4 Eslabllsh an inlegrated regulatory program 10
assure Ihe survival of endangered and threatened spe.
cles wllhln Ihe state.
5, Promote the use of agncultural practices which
are compatible With the protecliOn 01 wlldlile and natural
systems.
6. Encourage multiple use 01 lorest resources
where appropriate to prOVide tor timber production, rec
reallon, wlldhle t',abltat wCttershed prolecllon, erOSion
contrOl, and maintenance of water quality
7 Protecl and restore Ihe eCOlogical luncllons 01
wetlands s)'slems to ensure their 10flg-term en\llfon.
menial, economic and recreational value
8. Promote restorahon of lhe Everglades system
and 01 the hydrological and eCological lunctluns 01
degraded or substantially disrupted surface wati:rs.
9. Deveiop and Implem<.nt a comprehenSivE- plan-
ning, mana~ement and acquIsition program 10 ensure
the Integflty 01 Flonda s fiver systE:ms.
10. Err.phas:ze the acqUisition and maintenance 01
eCOlogically ,nlact systems 10 ail land and ....att:r plan-
ning, management and regulation.
11 hpand stale and local efforts 10 prov,de recre.
ahonal upportun,hes 10 urban areas, including l/1e devel-
opment 01 aCI''v,ly-baSed parkS.
12 Protecl and eJl.pond park systems throughout
Ihe stale
13. Encou~age the ..Jse 01 public and pfl\!ate II'ianc;al
and other resou.ces tor the development 01 recre:alional
opportuntl,es at the state: and local levels.
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(11) AlA QUALITY -
(a) Goal.-Flonda shall Comply wilh all nalional Bif
quality standards by 1987 and by 1992 meet standards
which are more stringent than 1985 slate standards.
(b) Pohcies,-
1 Improve air quality and maintain the Improved
level to saleguard human health and prevenl damage 10
the natural environment
2. Ensure that developments and transportation
systems are consistent w,lh the m",nlenance 01 opti-
mum air quality
3. Reduce sulfur diOXide and nitrogen OXide emis-
sions and mitigate their e:lIecls on IIle natural and
human environment.
4 Encourage the use 01 allernalive energy
resources that do not degrade air quality
5. Erlsure at a minimum, that po~{er planlluel con.
verSion does not result In higher levels 01 air pollution.
(12) ENERGY-
(a) Goal.-Florlda shall reduce lis energy reqUire,
ments through enhanced conservat,on and elllclency
measures In all end-use sectors, whilE: at the same time
promoting an Increased use 01 rE-nev.able energy
resources.
(b) Pohcies.-
1 Continue to reduce per capita energy consump-
tion.
2. Encourage and provide incentives lor consumer
and producer energy conservation and estool,srl
aCc.eptable energy pE:normance standards tor b..uldlngs
and t:nergy consuming Items.
3. Improve the etllclency 01 tralhc !low on eXlsllng
roads.
4 Ensure energy efficiency In transportation deSign
and planning and Increase the avatiabllity of more et,..
clenl modes 01 transportation.
5 Reduce the need for new power planls by
encouraging end-use elllciency reduCing peak
demand and using cost-ellectlve altf'rnahves.
6. Increase the ell,clent use 01 energy In deSign and
operallon 01 bUildings publiC ulihty systems and other
Inlrastructure and rdated equipment
7 Promote the developnlent and applicalion 01
solar energy teChnologies and passive solar deSign
teChniques.
8. PrOVide Inlormatlon on energy conservation
through active med,a campaigns.
9. Promole the use and dt: {elopmE:nt of rE-newc.ble
enf'rgy resources.
10 DevelOp and maintain energy preparedness
plans trlat Will be bOth practical and etlecllve under clr
cumstances 01 dlsru~tt:d energy Supplies or une,;
pecled price surges.
(13) HAZARDOuS AND NONHAZARDOUS f/ATERI-
ALS AND WASTE -
(a) Goal -All solid waste Includ,ng ha;o<:;rdous
wasle wastewater and all ha:ordous rTl.31E:rlals s"'3li be
properl~ managed and the use of landt,l;s s~all be e've:n-
tuall~ elim,rlated
(b) Po/,cles-
1 B, 1994 reduce all volume ot sol,d ",asl€: requlr
ing d:sposa: bj' 30 per<..t:nl.
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s. 187.201
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2. By 1994 provide in all counties a countywide
solid waste collection system to discourage lillenng and
the illegal dumping of solid waste.
3. In.hate programs to develop or expand reo
cyclable material markets, especially those involving
plastics, metals, paper and glass.
4 Encourage and expedite the development of
enwonmentally safe hazardous waste treatment, stor
age, and disposal lacillties.
5. Identlly and clean up hazardouS waste sites.
6, Enlorce and strengthen regulation 01 the genera-
tion, slorage treatment, disposal, and transportation 01
hazardous waste.
7 Establish a system lor identifying the location,
type, and quantity of hazardous materials.
8. Require all hazardous waste generators to prop.
erly manage their own wastes.
9, Encourage the research, development, and
implementation 01 recycling, resource recovery energy
recovery and other methods 01 using garbage traSh,
sewage, slime, sludge hazardous waste and other
waste.
10. Encourage coordination of intergovernmental
and interstate waste management efforts.
11 Identify develop, and encourage environmen.
tally sound wastewater treatment and disposal meth.
ods.
12. Develop a permanenl system for households,
small bUSiness, and other lOW-vOlume generalors 01
hazardous waste to salely dispose 01 these materials In
a convenient manner
13. Encourage strict enforcement of hazardous
waste laws and SWill prosecution of violators.
(14) MINING.-
(a) Goal -Florida shall protecl ils air land and
water resources from the adverse eflects 01 resource
extraction and ensure that the disturbed areas are
reclaimed or restored to beneficial use as soon as rea.
sonably poSSible.
(b) Po/,cies.-
1 Develop a comprehensive approach to the regu.
lation 01 resource extraction.
2. Requue mining operations to provide evidence 01
financial responsibility to ensure the reclamation 01
mined lands.
3. Require that dislurbed areas except those
selected to be reclaimed by nature be reclaimed to pro-
ductIve and banel/clal use Within a pE:/lOd determined by
the state to be ieasonable and practical.
4 ReqUire state reclamation standards to be sim.
pIe and well-coordinated and 10 be conslslenl With the
protecllon 01 the publiC interest and conservation 01 nal
ural resources,
5. P,Ohlblt resource extraction which will result in
an adverse ellect on environmentally sensitive areas 01
the state which cannot be restored.
6. Minimize the ellecls 01 resource exlraction upon
ground and surface waters.
7 Protect human health \rom radiological or other
adverse Impacts associated With resource extraction.
8. Reduce the adverse Impacts 01 wa~te disposal
associated With resource extraction.
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9. Require that mining and reclamation regulation
recognizes the geological constraints ana ,nherent 01'-
lerences in Ihe lipes and locations 01 resources to be
mined.
(15) PROPERTY RIGHTS.-
(a) Goal -Flo/lda Shall protect private property
rights and recognize the existence 01 legitimate and
ollen compeling public and pnvate Interesf~ In land use
regulahons and other governmenl action.
lb) Pol,c,es.-
1 PrOVide compensation, or other appropriate relief
as prOVided by Jaw 10 a landowner lor any governmental
action that is determined to be an unreasonable E:'xer
clse 01 trle stale s pohce power so as to conslltute a fak
Ing.
2. Delermine compensahon or other reliel by judi-
cial proceeding rather Ihan by adm,n,stratl'"e pro~eed-
ing.
3. Encourage acquiSition 01 lands by stale or local
government In cases where regulation Will sev~rely !omit
prachcal use 01 real prOperly
l16) LAND USE -
la) Goal.-In recognition 01 the importance 01 pre-
ser"'lng the natural resources and enhanCing Ine quahly
01 hie 01 the state development shall be directed 10
those areas which have In place or naVE: agreements 10
prOVide the land and waler reSOurces, ',:,cal aOI/llles.
and service capacity to accommodate growth in an enVI-
ronmentally acceptable manner
(b) Po/,c,es.-
1 Promote state programs, inveslmenls and
development and rE:development actiVities which
encourage effiCient development and occur In areas
which Will have the capaclly to service new populallon
and commerce.
2. Develop a system of incentives and diSincen-
tives which encourages a separation 01 urban afld rufal
land uses while protecting water suPP"e~, resOurce
development, and Ilsrl and wlldhle habllals.
3. Enhance the livability and crlaracter 01 urban
areas through the encourage:ment 01 an attractivE:' and
lunctlonal mix 01 living worll.lng, ShOIJPlf,g and recre-
ational actiVities.
4 Develop a system 01 Intergovernmental negolla-
tion for siting locally unpopular public and pnvale land
uses which conSiderS \he area of population 5€:rvtO-d \tIe
Impact on 'and development patt€:rns or In,portanl nalu
ral resources and tr,e cosl-e:f/ecllvenE:'SS 01 ser ",c.e
aehvery
5. Encourage and assist local go 'ernmenlS In
establiShing comprehenSive Impact-reVlb\ procedures
to evaluale Itle elleCls 01 s.gn,llcant develop'TI(~nt actlVI
ties In theu Jurisdictions.
6. Conslaer In land use planning and reg..Jlatlon
the Impact of land use on water qual,ty ar,d quanlit, me
ava;labllity 01 land water and other nat'-lra. re~Our\"~s lu
meet demands. and me pOlenlial lor 11('0.:11/19
7 PrOVide educational programs and research to
meet stale rtO-glonal and local planning and gro""ttl-
ma"lagemenl needs.
(17) DOWNTOWN REVITALlZATION-
(a) Goal-In recogn,hon of the Imporlanc.e 01 fiorl'
da s developing arid redeveloping duv,l lv.",ns to Ine
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state s ability to use existing infrastructure and to
accommodate growth in an Orderly ellicient, and envi-
ronmentally acceptable manner Florida shall encourage
the centralization 01 commerCial, governmenlal, retail,
reSidential, and cultural actiVities Within downtown
areas.
(b) Policles.-
1 Provide incentives to encourage private sector
investment In the preservation ana enhancemenl 01
downtown areas.
2. Assist local governments in the planning, financ
ing, and Implementation 01 development ellorls aimed
at revitaliZing distressed downtown areas.
3. Promote stale programs and Investments which
encourage redevelopment 01 downtown areas.
(18) puBLIC FACILlTIES.-
(a) Goal -Flollda shall protect the substantial
inve~tments in pubhc lacihtles that already eXist and
shall plan for and llOance new lacllitles to serve resI-
dents in a timely orderly and elllcient manner
(b) Policles.-
1 Provide incentives for developing land in a way
that maXimizes the uses 01 ex.sllng public lacilitles.
2. Promote rehablhtahon and reuse of e"lst,ng lacili.
ties, structures. ana buildings as an allernahve to new
construction.
3. Allocate the costs of new public faCilities on the
basis of the benet.ts received by eXisting and luture resI-
dents.
4 Create a partnership among state go~'ernment,
local governments, and the private sector which would
identlly and bUild needed public lacllilles ana allocate
the costs 01 Such lacllitles among tt\e partners In propor
tlon to the benellts accruing 10 each 01 them.
5 Encourage local governmenl financial sell-
sulliciency In providing public lacllitles.
6. Identlly and Implement Innovative but fiscally
sound and cost-ellective techniques tor Ilnanclng pub-
lic facilities.
7 Encourage the development use and coordina.
tion of cap. tal Improvement plans by all levels 01 govern-
ment
8. Take into consideration, in the assessed value 01
property increased property values directly related 10
In\rastruclure expenditures by government
9. Identify and use stable revenue sources which
are also responsive 10 growlh lor IlnanclOg publiC laclI..
ties.
10. Encourage developmenl 01 graywater syslems
to extend ex IS ling sewerage capaclly
(19) CULTURAL AND HISTORICAL RESOURCES.-
(a) Goal-By 1995 Floflda Shall Increase access to
its historIcal and cu\lural resources and programs and
encourage Ihe development 01 Cultural Jjrograms 01
nahonal el<Cellence.
lb) Pollc,es-
1 Promote and prOVide access throughout the
state to perfvrmlng arts, Visual arts and hlSloflC preser
vatlon and appreciation programs al a level commensu.
rate With the state s ecoraomlc developmenl
2 Develop a strategy lor the construcllon 01 arts
laclht,es oase::l on an assessmE:nl V'whlCh ranks regional
and Slale...,ClE- capab.III,E:S and nE:eds.
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3. Ensure the Idenlification. e....aluatlon, and protec
tion of arChaeological lolk heritage and h,stoflc
resOurces properties ollhe state s d'vE:rse ethnic popu.
latlon.
4 Stimulate Increased pnvale-sector participation
and support lor historical and cull ural programs.
5_ Encourage the rehaOllitatlon and senSlllve adap-
tive use 01 hlstunc properties through technical assist
ance and economic Incentive programs.
6. Ensure that hisloric resourct:S are taken into con-
sideration in the planning 01 all cap.!al programs and
projects at all levels of governmenl and that such pro-
grams and prOJecls are carried out In a manner wh,cn
recognizes the preservallon 01 historiC resources.
l20) TRANSPORTATlON.-
(a) Goal -Florida shall d,lect luture transportation
improvements to aid In the managerTlE:nl 01 glo.....tn and
shall have a state transportallon sysl.::m thai Integrates
highway air mass transit and Olf,er Iransporlallon
modes.
lb) Po/'cles.-
1 By 1995 establish a high-speed rail system that
links the Tampa Bay area, Orlando ar,d MiamI.
2 Coordinate tran~portatlon Investments In major
travel corndors 10 enhance s)'stem effiCiency and mini-
miZe adverse envuonmental Impacts
3. Promote a COmprE:henSlve transportation plan.
nlng process which coordinales stale regional and
localtransportalion plans.
4 Allow fleXibility In state and local participation In
lunding 01 publ.C transit prOjeCIS and encour;.ge con-
struction and use 01 toll lacililles In order to mE:el trans
porta lion needs.
5. Ensure that eXlsllng port lacl!,tles and a,rports
are being used to Ihe mal<lmum el<tenl pOSSible t,dore
encouraging Ihe expansion or develor.-rlknl 01 ne... porI
lacllit,es and alrp.Jrls to support ecor'UrrllC growlh
6. Promole Ilmely resurfaCing and r.::pall 01 loads
and bridges to minimize COSily rec.orlstructlurl and to
enflance satety
7 DevE:lop a reVE:nuE: base lor transportc.tlon wh,ch
is conslstenl With the goals anCl pOliCies 01 tfllS p!an.
6. Encourage the construClion and ulll:zatlon 01 a
public transll system, Inclvdlng but not limited to a
high-speed rail system, In lieu 01 the e'panslon 01 Ihe
hlgh\l\oay sysl.::m, wtlere appropnate
9. Ensure thai the transportallon system prOVides
Fionda s cllizens and VISitors With timely i1nd elf,c",nl
access to SE:rVICeS, jobS, markets and allractlons
10. Promote ride sr,arang by publiC and pr.. ate sec
tor employees.
l' EmphaSize state transportation Investments In
major travel corridors and d,rect st"te transportal,on
Investmenls 10 contribute to effiCient urban de\t?lop-
menl
12 AvOid transportation Impro 'emenls ....h,ch
encourage or SubSidize Increased devE:IOpm.::nl In
coaslal high-haZard areas or In Id.::nl !.ed envlronmen.
tally senSitivE: areas Such as wetlands Iloodways or pro.
dvctllo'e mannE: arE:as
13 Courdlnate transportation Impro....emE:nts th
state local and regional plans
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14. Acqulfe advanced ngllts-ol-way lor transporta.
tlon prOjects In deSignated transporlatlon cOllldors
conSistent with state regional and tocal plans.
15. Promote etlecllve coordlnahon among various
modes 01 transportahon In urban areas to assist urban
development and redevelopment ellorts,
l21) GOVERNMENTAL EFFICIENCY -
(a) Goal -Florida governments shall economically
and elllclenlly provide the amount and quality 01 ser.
VICCS reqUlled by the public.
(b) Po/,c,es.-
1 Encourage greater cooperation between
among, and within all levels of Floreda government
through the use 01 appropriate interlocal agreements
and mutual parhClpatlon lor mutual beneht.
2 AllOw the creation 01 independent special laxing
dlstncts which have unlfO/m general law standards and
procedures and do nor overburden other governmenls
and Ihell tallpayers while prevenhng the prohleratlon 01
Independenl special taxing distrICts whICh do not meet
these standards.
3. Encourage the use of municipal services taxing
uMs and other dependent speCial distrICts to prOVide
needed Infrastructure where the fiscal capacity exists to
support Such an approach.
4 Ehmlnate regulatory aclivllies thai are not tied to
speclhc public and natural resource protection needs.
5. Ehmlnate needless duplication 01, and promote
cooperation In, governmental actiVities between
among. and Within stale, regional, county city and
other governmental units.
6. Ensure wherever poSSible, that the geographic
boundalles 01 water management dlStllCtS, regional
planning counCils, and subslate dlstllcts 01 the execu-
live departments shall be colermlnous lor related state
or agency programs and lunchons and promote Inlera.
gency agreements In order to reduce the number 01 dls,
tncts and councils with IUIISdictlon In anyone county
7 Encourage and provide fO/ the reslructullng of
city and COunly polillcal junsdlCloons With the goals 01
grealer elllclency and hlgh-quahly and more equitable
and responsive public service programs.
8. Replace mulhple, small scale, economICally inel.
Ilclenllocal pubhc lacdlhes With reglonallacilihes where
they are proven to be more economical, parhcularly In
lerms of energy elliclency and yet can relaln the quality
01 serVice ek~t!cled by the publIC.
9. Encouragl: greater elllclency and economy at all
levels 01 government 'through adoption and Implementa'
tlon 01 etlechve records-management IOlormatlon-
management. and evaluahon procedures.
10. Throughout government, establish Citizen man.
agement elhclency groups and Inlernal management
groups to make recommendations lor greater operahng
elhclenCles and Improved management practices.
11 Encourage govf;rnments to seek oulslde con.
traclong on a compelltlve-bld basiS when cost-ellectlve
and appropnate
12 Discourage undue expanSion 01 state govern.
menl and make e",ery ellort to streamhne state govern.
ment In a cost-ellecllve manner
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13. Encourage jOint venture soluhons to mutual
problems between levels 01 governmenl and private
enterprise.
(22) THE ECONOMY -
(a) Goal -Florida shall promote an economic ch.
male which prOVides economic stability maXimizes lob
opporlunlhes, and increases per caplla ,'lcome lor lis
reSidents.
(b) Policies.-
1 Allract new job-producing induslnes. corporate
headquarters, dlstnbutlon and service centers. regional
oll.ces, and research and development lac Iii lies to pro.
Vide qualily employmenl fO/ the residents 01 Florida.
2. Promote entrepreneurship and small and mlnori.
ty-owned buSiness startup by prOViding lechnlcal and
inlO/matlon resources. lacilitahng capltallormallorl, and
removing regulato/Y reslralnts which are unnecessary
lor the protechon 01 consumers and society
3. Maintain, as one 01 the state s primary economic
assets, the enVllonment, Including clean air and water
beaches, to/ests, hlstO/IC landmarks, and agflcullural
and natural resources.
4 Strengthen Florida's poslhon in the world econ.
omy through aUrachng lorelgn Investment and promot
ing Internaloonal banking and trade.
5. BUild on the stale's allrachveness to make It a
leader in the Visual and performing arts and In a/l phases
01 him, television, and recO/dlng ptoductlon.
6. Promote economic development lor Florida resi.
dents through partnerships among education, buSiness,
Industry agrtculture, and the arls.
7 PrOVide increa!>ed opporlunities lor lraining Flori.
da's work IO/ce to prOVide skilled employecs lor new
and bpandlng bUSIness.
B. Promote economic sell-sufficiency through train.
ing and educallonal programs which result In prOducllve
employment.
9. Promote cooperative employment arrangements
between prtvate employers and publIC sector employ.
menl efforts to prOVide productive. permanent employ,
ment opportunities lor pubhc asslslance reClplcnts
through prOVISions of educahon opportunities, tax Incen.
tlves, and employment training.
10 PrOVide lor nondiscriminatory employmenl
opportuhltl8S.
11 Provide quahly child day care lor publiC assist.
ance famlhes and others who need II In ordt:f 10 work.
12 Encourage t~ development of a buSiness ch.
mate that provides opportunllles lor the growlh and
ekr;.anSlon 01 elllsllng slate ,ndustfles. part.culiJrly Iho~.c
Industrtes which are compatible With Floflda s enVlfon.
men\.
13 Promote coordinahon among Floflda sports 10
Increase thell ullhza\lon.
14 Encourage the lull utilozat.on by buSinesses 01
the economiC development enhancement programs
Implemented by the Legislalure lor Ihe pur pOSt' 01
extenSively InvolvlOg private bUSinesses 1/1 11"1(: cle.t:lop,
ment and ellopanslon 01 permanent lOb opportun,lIes.
espeCially lor the economically dlsactvant;,u€-d through
the utlllzahon 01 enlerpflse i'ono?s. communlt). clC\'(:lop.
ment corporations, and other programs de!>lgnecl 10
enhance economiC and employment uppor I ",n,lles.
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1990 SUPPLEMENT TO FLORIDA STATUT_ES 1989
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(23) AGRICUL TURE.-
(a) Goal -Flonda shall maintain and strive to
expand its food agriculture ornamental horticullure.
aquacullure forestry and related Industries in order to
be a healthy and competitive force in the national and
International marketplace.
(b) Pohcies.-
1 Ensure that goals and policies contained in state
and regional plans are not interpreted to permanently
restrict the conversion of agricullural lands to other
uses.
2. Encourage diversification within the agriculture
industry especially to reduce the vulnerability 01 com.
munities that are largely reliant upon agnculture lor
either Income or employment.
3. Promote and increase international agricultural
marketing opportunities lor all Florida agricUllural pro-
ducers.
4. Slimulale research, developmenl and applica.
tion of agricullural technology to promote and enhance
the conservation. production. and marketing techniques
available to the agriculture industry
5. Encourage conser",ation, wastewater recycling,
and other appropnate measures to assure adequate
water resources to meet agncultural and other benelicial
needs.
6. Promote enlrepreneurship in the agricullural sec.
tor by providing technical and inlormatlonal services.
7 Stimulate continued productivity through invest.
ment in education and research.
8. Encourage development of biological pest con-
trols to turther the reduction in rehance on chemical con-
trols.
9. Conserve soil resources to maintain the eco.
nomic value 01 land for agricultural pursuits and to pre-
vent sedimentallon in stale waters.
10. Promote the vltahty 01 Florida s agricultural
industry through continued lunding 01 basIc researCh,
extension, Inspection, and analyc;is services and 01 pro.
grams prOViding for marketing and technical asslslance
and the control and eradication of diseases and inlesta.
tlons.
11 Continue to promote the use 01 lands lor agricul.
tural purposes by malntalnang prelerential property tax
treatment through the greenbelt law
12 Ens-ure that coordinaled state planning 01 road
rail, and waterb.:>rne tranSpurlallon systems prOVides
adequate tacilltles lor the economical transport 01 agn.
Cultural prOducts and supplies between prodUCing
areas and markels.
13. E!.mlnate the discharge 01 inadeqUately treated
wastev.ater and storm water runoll Into waters of Ihe
state
(24) TOURISM.-
(a) Goal -Florida will attract at least 55 million tour
ists annually Oy 1995 and shall support ellorts Oy all
areas of the slate Wishing to develOp or expand lour ISt-
relaled economles_
(0) POllc.es.-
1 Promote slalewlde touflsm and support promo.
tional etlorlS ,t'\ those parts of the stale that de:slre to
allract VISitors.
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s. 187.201
2. Acquire and manage public lands to oller viSitors
and reSidents increased outdoor expenences.
3. Promote awareness 01 tustOllC fJlaces and cul-
tural and hlslorical actiVities.
l25) EMPLOYMENT -
(a) Goal.-Florlda shall promote economic opportu-
nities lor Its unemployed and economically disadvan-
taged residents.
(b) Pollc/es.-
1 Achieve by 1995 a 70-percent job placement
rate for stale training program graduates and a 50-
percent reduction in the gap between the unemplOy'
ment rate lor disadllantaged groups and the average
stale unemplOyment rate.
2 PrOVide training opportunities lor the unem-
ployed which are based upon documented labor market
needs.
3. Provide training and job placement assistance to
hard-Io-employ groups encountenng spe:clal bafflers.
4 Encourage economic development an economi-
cally distressed areas.
5. Ensure thai the transportation system provides
maximum access to jobs and markets.
6. Promote interagency coordlnalion and coopera-
tion to maximize the impact 01 emploiment and traaning
services on target groups.
7 Prolllde services which assist students to make
informed career deCISions.
8. Encourage InnOlo'ative arrangements such as
onsite day care lacilities and lIexlble hours 01 employ
menl to Increase the access 01 working parenls 10 the
Job market.
9. Ensure that all training programs locus on proVid-
ing eaCh studenl With Illetlme employmenl skills. Includ'
ing the ability to communicate, cumfJule and Ihlnk cntl-
cally
(26) PLAN IMPLEMENTATION.-
(a) Goal.-Systemahc planning capabilities shall be
integrated Into all levels 01 governmenl In Flonda With
partiCular emphaSIS on Improving Intergovernmental
coordination and maximizing clllzen Involvement
(b) Poilcies.-
1 Establish strong and fleXible agency and
regional planning lunctions at all levels 01 yo,,~rnrnt:nt
capable 01 responding to changing stale poliCies and
goals_
2 Ensure that every level of go"ernm~nt has the
appropriate operational aulhonty 10 Implement the pOI
ICy directives established in the plan.
3. Establish eflecllve monllorlng Incentive and
enlorcement capabll.tles 10 see that the requlr;:,mt:nts
estabhshed by regulatory prugrams are met
4 Slmplily stre:amline and mal--e more predictable
the eXisting permll1lng procedures.
5. Ensure Ihat each agency!' functional plan and
managemenl process is deSigned 10 achle.e tr-.e fJOII-
cie:s and goals of Ihe Slale plan CunSlslent v. th sl"te
law
6. Encourage Citizen partiCipation at all le\els oj
po;,cy cevelopmenl planning and vperatlOIlS.
7 f.m.ure the de elo~mer;1 of compre~.E:nsl e
regional pOliCy plans "nd local plans Ir-,al,mpltrroerll and
accurately refleCI Stale goals and ~ullCles and tr-'o:Il
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1990 SUPPLEMENT TO FLORIDA STATUTES 1989
s. 189.404
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address problems. issues. and conditions that are of
particular concern in a region.
8. Encourage Ihe continual cooperalion among
communities which have a unique nalural area, Irrespec
tive 01 political boundaries, to bllng the private and pub.
Iic sectors together lor establishing an orderly environ.
mentally and economically sound plan lor lulure needs
and growth.
",01"".-1 2 CII 8!l-!l7 1 1 ct. 87-J!>4. 1 .7 et 88-130 1 . en 89-279 1
8!l. en !ll>-201
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Ch. 190
COMM\JNITY DEVELOPMENT DISTRICTS
F S 1ges
.._-- - --- ----
19~ 00 1
190 002
190 003
190 004
19~ 005
190006
190 007
190.008
198 009
190 On
1900i2
190 0 25
190013
190.014
t90.D15
190016
190.017
190.021
190.022
190.023
190.024
190.025
190.026
190.031
190.033
190.035
190.036
190.037
190.~1
190.043
190.~
190.046
190 0~7
190.048
190.049
CHAPTER 190
COMMUNITY DEVELOPMENT DISTRICTS
Shorl title
legislative findings policies and mlent
Dehnlllons
Preemp\lon. sole aulhollly
ESlabllshmenl 01 OIStllCt
Board of supervIsors members and meet.
lOgs
BoarD 01 supervisors general du\les.
BUdget, reports and reviews
DISClosure of publiC hnancmg
Gene,al powers
5peclal powers public Improvemenls and
communlly facillhes
PurChase or sale 01 waler or sewer ulllily by
OISlllct
Water milnagement and conl/ol plan.
Issuance 01 Oond antlclpahon nOles
Short-lerm borrOWing.
BondS
TruSI agreemenlS.
Taxes non-ad valorem assessments.
SpeCIal assessments.
Issuance 01 certillcates 01 indebtedness
based on assessmenls lor assessable
Improvemenls assessment bonds.
Tax hens.
Paymenl 01 taxes and redemphon of tax liens
by the distriCt. sharing in proceeds 01 tax
sale.
Foreclosure 01 liens.
Mandatory use 01 certain district lacilihes
and services.
Bids required.
Fees, rentals and charoes procedure lor
adoption and modilicai,ons' minimum rev-
enue requirements.
Recovery 01 dehnquent charges.
DIscontinuance 01 service.
Enlorcemenl and penalties.
Suits aaalnst tne dlStllCl.
Exempilon 01 district propeny \rom execu-
tIon.
Termination. contraction, or expansion 01
dlstllCt
'ncoroorallon 0: annexahon 01 ciistll:::\'
Sale of real es:ate wltnm a district. reqUired
disclosure to purchaser
Special acts prohibiled
190.001 Shon title.- This act may be ciled as the
'Unilorm Community Development District Act 01 1980.
tlJtlDf')'.-. ~. c>I. ~7
190.002 Legislative findings, policies, and intent.
(1) The Leglsla lure findS that:
(a) Tnere IS a need for uniform, locusec and lai~ pro.
ceoures in state law to provIde a reasonable allernative
lor the establishment, power opera lion, and ourahon 01
Indepenoent Olsll1ctS to manage and finance baSI:: com.
munlty development services and that, based upon a
proper and lall OelermlOallon of apphcaOle lacts an
Inaepenaent OISlflCt can cons\llule a \lrnely effiCient e(
lec\lve responSive and economic way to oellver these
baSIC serVices tnereby provldmg a SOlul.on 10 loe
stale s planning. management and IInancmg neeos lor
Oellvery 01 capital IntrasHUClUre In oraer Ie service pro-
Jected growtn wllhOul overourdenlng other govern-
ments and !near taxpayers
(b) II IS 10 the pUDIIC Inleresl thai any Inoependent
speCial alstllcl createO pursuant 10 Slate law nOI outlive
liS uselulness and that the opera liOn o! suer, a dlst/lcl
and the exerCise by tne district olliS powels De conSISI
ent WIth applrcable aue process OlsclOSUIC accOunl
ability ethiCS and gove,nmenl-rn-lne-Sunshlf\E,> ,e.
qUlfements wnlch appiy ooln 10 governmental enhhes
ana 10 Inelr elecled and aPPOlnteo OtllCI31S
(c) It is In the pubhC Inlerest thai long-range plan-
illng. managemenl and finanCing and long-Ierm main.
lenance, upkeep, and operallon oj Da51C services lo~
communlly development dlst/lCIS be unoer one coord,.
nated enhty
(2) It IS the pohey of thiS stale .
(a) That the needless and IndiScriminate prohlera.
tion, duphcation, and Iragmentalron 01 local general-
purpose government sefVIces by Indepenoent dlslflcls
IS not In the public Interest.
(b) That independent dislrlCIS are a legltlma:e aller
nahve method available lor use oy the pflvale and pubhc
sectors, as authorized by stale law 10 manage and Ii.
nance basic services lor community developments.
lc) ThaI the exercise by any Inoependent OlslllCI of
its powers as set 10rlh by unltorm genera: law comply
with aU applrcable oovernmentallaws rules regula \Ions,
and poliCies goveinlOQ plannang and permlt\lng 01 the
development to be servlceCl Oy tne OIStflC\, \0 ensure
that neither the eSlablrShmenl nor operation of such dls,
tnctlS a developmen: order unoer chapter 380 and lnat
the district so establiShed does not have any zoning or
permithng powers oovernang oevelopment.
(d) That the process 01 establishing su.Ch a dlstllC:
pursuant to unilorm general law be lair ano D3seO Oi1ly
on 1actors matenal to managIng and l.nanc,ng tne se/.
VIce-delivery lunctlon of the distnct, so Inat any m...ler
concerning permll\lng or plannang 0' tne oevelopment IS
not material or relevant.
(3) I: IS trle legislatIve Iment anc purpose. cased
upon, and conSistent with. ils landIngs o. lac: ano oeCl,,'
raltons 01 pohcy to aulhonze a unilorm proceoure Oy
oenerallaw to eSlabllsh an Independent speCial dlstnct
as an alternative metnod 10 manage and hnance baSIC
services lor community development. I: is furtner tne
leglslalrve Inlent and purpose to prOVide by general law
lor the uniform operation. exerCise o! power and proce.
Clure lor lermlna\lon 01 any such Indeoendent distriCt. 1\
is lurther the purpose and inlent ol me Legislature that
a district created unoe: thIS ch30ler not have or exercise
any zonmg or oevelopment permiltlng powe: that the
establishmenl o~ the IndepenCient community oeveloo-
menl district as provloeo If; tnlS act not be a oevelop.
1108
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COMMUNITY DEVELOPMENT DISTRICTS
en , 90
r""len O!Oef wltr"n lr'e meaning 0: ctoaOIE'! 3&0 a;')c lna!
all applicable planning and permlltlnG laws rules regu.
lallons and pOilc,cS conllol t/le oevelopment 01 the land
to be serviced by lne dlstflcl II IS lurlner lne purpose
and Inlenl 01 tne Legislature lnal no oebl or obliga\lon
01 a dlstrlcl conSlltute a burden on any local general-
purpose go\'ernmenl Wllhout I!s consent
h,.IO'l -, 2 en ~7 I , Gl' tt.t.360
190.003
I') l'\Ior..ln9 capllal
Ul Inlefesl cna'9E:s In::;urreO or CSllmaleC 10 [)E' In
curred on money DOllowec arlor 10 Cine ourlng conSlIu:::
lion ano aCQulSlhon ana 101 sucn leasondule pefloo 01
lime alter complellon 01 construCllon 01 aCQwsJllon as
Ine boarO may oelermlne
(1<.) Tne cosl 01 IssuanCE: of bonOS oursuan 10 thiS
act IncluOlng aovertlsements ane pllnllnG
(I) Tne COSI 01 any election nelO pUlsuanllO tnlS act
ano all o!her expenses 01 IssUarlce 01 bones
(m) Tne Olscounl II any on lne salE: or eAChange ot
OonOs
In) Aomlnlstra\lve expenses
(0) SUCh other e,t(penses as may be necessary Of In.
cloenlallo !he aCQulSll,on conSlruCllon 01 IeconSIIUC
lion 01 any plolect or 10 tne tlnanClng Inereo: Of to lhe
Oeyelopmenl 01 any lanos wl:nln InE' OISll1CI
(8) "OIS\JICt means IIlE: communl/y oevelopmen:
dlSHlel
(9) .0IStrICI manager means tile manager ollhe als
loCI.
(10) "OI$lrrClrOads means hIghways streets roaos
alleys, Sidewalks Slorm oralns blloges and thofougn.
lares 01 all klnCls anO oescrrptlons
(11) "Elector means a voter or QualifIed eleClOr as
Cleflned In s 97.02 H"), whO IS a lanOowner or wno reo
sloes within the dlSHICI.
(12) "General obligatron bonds means bonOs which
are secureCl by or provloe tor their paymenl by l!"Ie
pleoge In aClCll\lon to those special taxes levleCllor trlelr
dlscharoe anCl such other sources as may be provlaed
for their-paymenl or pledgee as securlly unoel tne reso.
lutlon authoflZIOO thell Issuance 01 tne lull t8llh and
credit anCl 1axlO9 power of the OISHlct anCl lor paymenl
01 wnich recourse may be haC agamst Ine gel'lerallund
01 the dlstflC\.
(13) "Landowner means the owner of a freenold es.
tate as appears by the deea record Including a trustee
a private corporation, and an owner 01 a conoomlnlum
unl\. 1\ ooes nOllnclude a reversioner remalnoerman or
mortoaoee who shall nOI be count eO ane neeo not be
notihed- 01 proceedlOgs unoer thiS act.
('~) "LOcal general-purpose go",ernment means a
count)' muniCipality or consolidated clly-county gov-
ernment.
(is) .ProJec:" means any oevelopment Improvemenl
property ulllity laClllty worK~ enlerpflse 0' service
now eXlsllno or hereatter unoertaken or eSlabilSneO url-
oer tne pro~ISlons 01 thiS act .
(16) "Relundlng bonos means bonds Issued 10 re".
nance oulSlandlno bOnos o~ any type anc tne Interesl
plans and specl. and reoempllon premIum mereon. RetundlO9 Donas
shall De Issuable and payable In tne same manner as Ine
re"nanced bonos excepl Inal no approval oy InE: elee
expenses and torate snail De reaullec unless reaulfee D)' In" S:ate
COnSlltutlon.
materials machinery and (17) .Revenue bonds means 00119a\lons 01 tne 015
trlCI whiCh are payable Irom revenues oeflvec trom
fights ease. sources Olner man ae valorem taxes on real or tanglo!e
personai propen)' ano whlcn 00 nOl pieog= tnE: property
credit, or oeneral tax revenue 01 tne dlSlllC'
pSI "Sewer s)'slem means any plan system lacil..
ty or ploperty and adOll/ons exlenSlons ano Improve.
, '09
Definitions -As used In \hIS cn;;;:l\er Ihe
lerm
(t) Ad valorem bonos means bonds whIch are pay.
able !rom Ine plOceeos of ad valorem taxes le"',eCl on
'eal and tangible personal property and which are gen.
erafiy referred to as oeneral OOhoal/on bonos
(2) Assessable Imp10vemenis means Without Iiml'
lilllon, <iny and all publiC Improvemenls and communlly
tacllilles lnal lt\c dlstrlCllS empowered 10 provlae II'l ac
Cor dance With IfllS aCI
(3) Assessment bondS means speCial Oblrgallons
01 the dlSlflct which are payable Solely Irom proceeos of
lIle speCial assessments leVIed lor an assessable proJ'
ect
(4) "Board" or "board of supervisors means the gov.
ernlng board 01 tne dlslrlcl or if such board has been
abolished the board body or commiSSion succeeding
to the pflnClpal tunctlons thereol or 10 whom Ihe powers
given to the board by thiS aCI have been given by law
(5) "Bond" Includes certlflcale and the provIsions
which are apphcable 10 bonds are equally apphcable to
cerlitlcales. The lerm "bond" Incluoes any general obl"
oallon bond assessmenl bond refundino bond reve.
nue bond and olher such obliga\lon in the nature 01 a
bond as is prOVided lor In this acl as the case may be
(6) "CommuOlly development dIStllC'" means a local
uOll of speCial-purpose government which IS created
pursuant to this act and limited to the per10rmance of
!nose specialized funchons aulhorized by this act. the
boundaries 01 which are contalneO wholly within a sangle
county' the governing head of which is a bOoy created
oroanlzed and constituted and autnorized to funcllon
specifIcally as prescribed III thIS act for the delrvery 01
urban communaty oevelopment services: and the torma.
lion, powers governing body opera \Ion, dura\lor., ac
counrabililY reoU/femenlS lor disclosure and lermmi:
lion of which are as reqUlreo oy gene:al law
(7) "Cost, when usee with relerence 10 any prole'CI
InCludes bul is nol Iimlled to'
(a) The expenses of delermining the teasibillty or
practicability 01 aCQulsillon. construcllon, or reconSlruc
lion.
(b) The cost of surveys estlmales
ficallons
(c) The cos: ot Improvements
(d) Engmeermg fIscal and legal
charges
(e) The Cosl o~ all labor
equipment.
(1) The cost o~ 'all lands properties
ments and IranChises aCQUlfed
(g) Frnancang cnarges
(h) The creallon of IOllIal reserve and debt service
funds.
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Ch. 190
COMMUNITY DEVElOPMENT DISTRICTS
r s , ge9
menlS t"'l€"elv a a')) luhlle l,me conSlruClee Of ac
QUI/eo as pari Inereol uselul Of necessary or nClvlng ,f,e
present capacIty lor IUlure use In connectIon WIIn Jne
COllection treatment pUflhcahon,or disposal of sew.
age rncludmg WlthOUI IImllahon If'IOuSllla) waSles 'e.
sulllOg from any process 01 Industry manufaclure
lIaoe Of busmess or Irom Ihe oe",elopment ot any natu.
ral resource WIlhOut hmlllng the generallly 01 the lore.
go'"g lhe lerm sewer syslem. InCluoes treatment
plants pumping stahons hit slahOns valves force
mams Inlercepllng sewers laterals pressure lines
ma,ns ano all necessary appUrlenances and eaulp,
ment all sewer maIns. lateralS and other deVices lor me
recepllon ana cOllecllon 01 sewage from premIses con.
nectea Inerewllh ano all real ana personal property and
any rnlerest lnereln. f1ghls easements and trancnlses
01 any nature relating to any SUCh system and necessary
or convenlenf tOe opera Iron /hereof
(19) .Waler management ano control tacllihes means
any takes canals dllches reservolfS aams levees
SlUIceways, Iloodways, pumping stahons, or any olner
wOrkS slruClures or lacihlles tor the conservatIon. con.
trol, oevelopmenl, utihzatlon, and disposal ot waler and
any purposes appurtenant, necessary or inCIdental
Iherelo. The term water management and conlrollacih.
ties InclUdes all real and personal property and any In.
terest therelO, nghts easements, and lranchlses 0\ any
nature relating to any suet! waler managemenl and con.
trollacilitles or necessary or convenlenl lor the aCQuISI'
tlon, construction, reconstrUCllon, operation, or mainte.
nance thereof.
(20) "Water system means any plant, system. facility
or property and additions. extensions, and improve.
ments therelo at any IUlure tIme constructed or' ac
Qurred as part thereol useful or necessary or having the
present capacity lor future use in connectIon with ltIe
development of sources, treatment, or purihcallon and
dislriOutlon of water Withoul limiting the generality 01
the 10repolng. the term water system Incluoes dams
reservolfs, storage tanks mains lines valves pumping
stallons, laterals and pipes tor tM purpose of carrying
water to the premises connected wiltl such system. and
atl rights, easements. and lranchises of any nature relal'
Ing to any such system and necessary or convenient tor
tne operation thereol
....,01) -.. 2. ell. ~7 , 2. en &&.360.. 10. en 87.363
190.004 Preemption; sole authority -
(') This act constitutes the sole authorization lor the
future estabhst!ment of independent communIty devel.
opment dJstllcts whICh have any 01 Ihe speclahzed tunc
lions anO powers prOVided by thiS act.
(2) This act Ooes not af1ect any community develop.
menl d/sUlct Or olner spec/a I o/stllet ex/stino on June 29
198t. and eXiSting community developmeni diStrIctS will
conllnue to De sUD/ect to tne prOVIsions of Chapter 8G-
<407 Laws of ;:Iolloa.
(3) The creation 0: an independent communitv oe.
velopment dlstllcl as prOVided In thiS act IS not a cevel.
opmenl oroer witl'un the meanll'lg of chapler 380. All gov'
ernmental planning environmental, and land oevelop-
men: laws regulations and ordinances apply to all Oe.
vejopment of tne land WithIn a communIty oevelopment
O'SIr,: Communll\' oevelopmenl d'SllIcts CO nol have
t~e ~(l""e; 01 a 'uca: 90vernmenl Ie. aoup (; CDr.op'f'r\(>n
slve plan OUIIOIt"lQ COOE: or lano Oevelopmer caoe as
1Il0se terms are ael&nec In tne Local Governmenl Com
prenenslve Planning and land Development Regulahon
ACI A OlslIIcl snail !allE: no aChOn wh,cn .$ onconSls\ent
With apphcaOle comp1enenslve plans orOlnances or
regUlahOnS 01 me appllcaOle local general-purpose gov.
ernmenl
H"'OI) -. 2 CII llU-.O! . J en Iw J6CI . 27 er, 85 55 . :w en 6; 21'
190.005 Establishment 01 districl.-
(1) Tne excluSIve ana unllorm melflod lor Ine estab.
Iishmenl of a communIty oevelopment O.SIIIC\ wlln d
size 01 t.OOO acres or mOle sJ')all be pursuant 10 a rulE:
aaoptea unOer Ctlapler 120 by lne Flollaa Land and Wa
ler Ad/uOlcatory CommiSSIon granting a pchhon lor Ine
eSlaDlistlmcnl or a community oevelopmenl OISIIlC
la) A pellhOn lor tr1e eslabllshmenl Of a community
devclopmenl dlstllcl snail De 'lIed O}' Itle pellllonCI WItr1
lhe Flollda land and Waler Adjudicatory CommisSion
Tne pellllon shall contam
, A metes ana bounas oescrrphon of the exlernal
boundaries 01 Ihe dlstrlcl Any real properly wlltlln tne
external boundafles ot the dlstrlcl which IS to be exclud-
ed \rom the dlSlncl shall De specifically oescrrOed and
Ihe lasl known address 01 all owners of sucn real proper
I)' shall be hSleCl The petlllon Shall also aOdless Ihe 1m.
pact 01 the proposeo district on any real propert)' wrlhln
lI'le eXlernal oounaanes 01 the dlslnCI whJcn IS 10 Oe ex
cluaed trom Ihe dlSHICI
2. The wlIlIen consent 10 Ihe establishment 0: Ihe
distflct by the owner or owners 01 100 percent of the real
properly to be Incluoed In the dJstnct 0' oocumenlahon
demonstralrng thai 'he petllloner has conlrol by oeeO
trust agreement, contracl, or opllon 0: '00 percent of
the real property to De Incluoed In the OISlflCt
3- A deSignation 01 I,ve persons to Oe the Inlllal
members 01 the board 01 supervIsors whO Shall serve In
thaf olflee until replaced Dy elecled rnemoers as provld.
ed In s 190.006.
<I The proposed name 01 Ihe dISHIC\
5. A map of the proposed dlSlllcl Showmg Cl,menl
ma/or Irunk waler mains and sewer interceptors ana out.
tails if in existen~e
6. Baseo upon available data. the proposed t,meta.
ble lor conSHuCllon of tne OIStrlCt servIces and tne eslt.
mated cost 01 conslfuctmo the prooosed services.
Tnese eSllmates Shall be sUbmllteC In good fallh but
Shall not be blfldmg and may De subJeCI to Change.
7 A deslonallon of the luture oeneral dlstribuhOI",.
locahon, and ex lent 01 public and Dflvate uses 01 lane
proposed for the area will'1lfl me alslnel by the future
land use plan element of the ellecllve local government
comprehenSIVe plan of whlC/') all manoatory..elements
have been aaopted by the applicable general-purpose
local oovernment In compliance wllh me Local Goverr
ment -ComprehenSIVE: PlannIng and lane Developmen:
Reaulallon Act.
e. An economIc impact statement in accorcance
WIth tne reQUlremer,ts of 5 '120.54(2)
(0) Fllor to filinG the petrllor.. tne Delll/oner shal~
, Pay a IllJl'lg lee 01 s" 5.000 to tne county ane to
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F S , ge 9
CQMMUNITY DEVELOPMENT DISTRICTS
Ch 190
edc~ rnun1C1palil, the boundaries 01 which are conllQu-
ous wltn or contain all or a portion ol1he land within ihe
e' lerna: boundalles 01 Ihe dIstrict
2 Submll a copy 01 Ihe petlllon to the county and
10 each muniCipality the boundalles of which are contlo-
uou~ \'I!lh or cO:'ltaln all or a porllon 0: the land wllh~n
IIle external bounoalles 01 the OIStllCt
(c) SuCh county and each such muniCipality may
condlJcl a pubhc healing to conSider the relationship of
lhe pellllon 10 Ihe faclors speclhed ItI paraoraph le) The
public healing shall be concluded within 45 days alter
the Oille the petition IS hied unless an extenSion of time
IS reQIJp.sled by the petitioner and granted by the county
or munICipality The county or munlClpalily holding such
pUI)!rc healing may by resolution express Its support of
or obJection to Ihe granting of Ihe petlllon by the Flollda
Land and Willer AdJudicatory Commission. A resotutlon
must base any obJecllon 10 the granllng 01 the petlllon
upon Ihe faClors specified 10 paragraph Ie). Such counly
or munlClpahty may present lIs resolution of support or
objection al the Flonda Land and Waler Adjudlcalory
CommIssion healing and shall be aflorded an opportuni-
ty 10 presenl relevant Informa\lon ItI support of ItS resolu.
\Ion
Id) A local pubhc hearing on the petition shall be
conducted by a heallno olhcer In conformance wllh the
applicable reQullements and procedures 01 the Admlnrs.
trallve Procedure Act. The heanng shall Include oral and
wllllen comments on the pe\l\lon pertinent to the factors
specihed ItI paragraph Ie). The heanng shall be held at
an accessible location in the county ItI which the com.
munlly development dlSlllcl is 10 be localed The petro
tloner shall cause a no\lce of the hearino 10 be published
in a newspaper alleast once a week lor-fhe 4 successive
weeks Immediately pllor 10 the heallno. Such notice
shall give the lime and place lor the hearing a descrip.
\Ion of the area to be included in the distnct, which de.
scripllon shall include a map showing clearly the area to
be covered by the dlStllC\. and any other relevant intor
matlon which the estabhshlng governing bodies may reo
cUlle The advertisement shall not be placed in that por
lion of the newspaper where leoal notices and classified
adverltsements appear The ~adverlisement shall be
p;;oiished m a newspaper of general paid cllculation In
tn,:? county and of general inleresl and readership in the
commun,ty nol one of Ii!'ntted subject matter pursuant
Ie chapter 50 Whenever oossible the advertisement
SMII appear In a newspaper that is publiShed at least 5
oays a week. unless the only newspaper m the commu.
My is published tewer than 5 days a week. All allected
uMs of general-purpose local government and the gen.
eral public shall be given an opportunity to appear at the
healing and present oral or written comments on the pe.
tltIO/"..
(e) The FlofIC~~ Land and Water Adjudicatory Com.
mISSion shall conSIder the enllle record 01 the local hear
in;;; the transCllpt of the hearing. resolutions adopted by
lo::al general-purpose governments as provided in para.
graoh (c) and the 101l0wIOg lactors and make a determi.
nation to grant or deny a pelillon lor the eslabhshment
0: a community d':?veiopment distnct.
i Whether all slatements contained within the peti.
Iron have been lound to be true and correct.
2 \Jhelher Ihe creallon 01 the dIStrict IS .ncon:;,s
lent wllh any applicable elemenl or pon,on Of the slale
comprehenSive plan or 01 the eflectrve local government
comprellenSlve plan
3 Whether the area of land within the proposed dls
lrlCt 'S 01 sulllclenl size IS suflocoenll}' compacl and IS
slIIIIClen\ly con\lguous \0 be developable as one lunc
1I0nal Interrelated communrty
~ Whether the dlsll1ct IS lhe best allernatlve avail.
able lor dehvenng community development services
and lacllilles to the area thaI Will be served by the dls
HICt
5 Whether the communaly development services
and lacllillcS ollne dlslnct will be Incompallble With the
capacity and uses 01 eXisting local and regional commu.
OIly developmenl services and lacllitres
6 Whether the area thaI Will be served by the dls,
tllCt IS amenable to separate speclal-dlSlrlct govern.
menl
(I) The Flollda Land and Waler Adjudicatory Com.
miSSIon shall nol adopt any rule which would expand
modify or delete any prOVISion 01 the unitorm commuMy
development dlstnct charIer as set forth ItI ss 190.006
through 190.04' except as prOVided in s 190.0' 2 A rule
establishing a community development diStriCt shall'
1 Describe the external boundalles of the dlStllCt
and any real propert)' Within the exlernal boundaries 01
Ihe dislncl which IS 10 be excluded
2. Name live persons deSIgnated to be the initial
members 01 the board 01 supervisors.
3. Name the distriCt.
(2) The exclUSive and unilorm method lor the estab.
Iishment 01 a communaty development dlStllCt of less
than 1.000 acres in size shall be pursuant 10 an ordl.
nance adopted by the county commiSSion of the county
haVing Junsdic\lon over the majority 01 land In the area
in which the district is to be located oranllno a peti\lon
lor the establishment of a communlly- development dls.
trict as lollows'
la) A petition lor the establishment of 2 communlly
development dlstncl shall be filed by the pelltloner WIth
the county commiSSion. The petition shall contam the
same inlormation as reouired in oaraoraoh (1 )(a).
Ib) A public heanng on the Pelltlon shall be conduct.
ed by the county commission In accordance w'lh the reo
ouarements and pro::edures of oaragraon (1 )ld)
(e) The counly commiSSion shall consider tne record
01 the publiC hearlno and the lactors set forth In para.
graph (')Ie) In making its determination to grant or deny
2 petition lor the estabhshment 01 a community develop.
ment dlstllct.
Id) The county commiSSion shall not adopt any ordi.
nance which would expand modify or delete any provl'
Slon 01 the uniform community develooment dlStflCt
charter as sellorth In S5 190.006 through '90.0~' An
ordlOance establishmo a commuOltv oevelopment dls,
tll::1 shall Include tne matters provided lor In paragraph
(1 )(f). .
Ie) 11 all of the land in the area lor the proposed dls.
trict is Within the territollallurisdi:::lon of a mUniCipal cor
porahon, then the petitIon requesting establlsnment of
a community development dlstnct under thIS act shall
be liled by the petitioner with that parhcular muniCipal
,
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Ch 190
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COMMUNITY DEVELOPMEN"r DISTRIC~S
r: S 1989
(:0'oo'aIl0n In suCh event the dulles 01 1tle county
hc'e,naoove oeSC"Ded '" aChon UpOn the pellllon shall
rJe fne aulles 01 trle munlCloal corpora lion II any 01 me
land area 01 a prOpOseo OISlroCl IS "'llhln the lane area
ot a munlClpallly trJe Counly commrSSlon may nOJ creaJe
It".e dlSlrocl wllhOUl mUf\lClpal approval
(I) NOlwllhslanolng any olher prO"'I~lon 01 11'115 sub.
section, wlthm 90 days aller a oellllon lor Il'le establtsh.
men: 01 a community developmenl dlSlf1ct ha~ been
"'ed pu'suant 10 Ihls subsecllon, the governing body of
the county or mUnlc,pal corpora lion may lransler Ihe pe.
tlllon to the Floflda Land and Water AdJudlcalory Com.
mISSion. wh'ch shall make the delermmallon 10 oranl or
deny ltle pellllon as prOVided In subsechon (1). A-county
or munICIpal corpolallon shall have no /lghl or power 10
g,anl or deny a pellllon Ihal has been Iranslerred 10 Ihe
FlorotJa La.1o and Waler Adrudlcatory CommiSSIon
(3) The governmg body 01 any eXlshno speCial dls.
lr,ct created to prOVIde one or more 01 the pubhe 1m.
provements and communl\y lacilihes authoflZeCl by lhl~
<lel ma}' pellllon, pursuanl 10 Ihls acl. lor reeslabhsh.
men I of the eXlsllng dlstflct as a community develop.
menl dlstflcl pursuanl 10 thiS act. In such case the new
alslflct so lormed shall assume the exrsllng obI/gallons
Indebtedness and ouaranlees of indebtedness 01 the
dlSlllcl so subsumed and the existing dlSlflcl Shall be
lermmaled
HIIIOI'y -I.:t. Ch 8().AQl'" c.~. Ch. &1-360. I. 28. Ch.IlS-5.S: I. 3$. en I1-Uc
190.006 Board 01 supervisors, members and meet
ings.-
(1) The board 01 the district shall exerCise the pow.
ers granted 10 Ihe district pursuanlto Ihls acl. The board
shall consist of five members' except as otherwise pro.
vided herein. each member shall hold oUlce lor a term
01 4 years and until his successor is chosen and quali.
fles. The members of the board must be residents ot the
Slate and citizens 01 the Unlled States.
(2) Within 90 days lollowino the effective dale 01 the
rule establiShIng the district, there shall be held a meet.
ing 01 the landowners ollhe dlstricllor the purpose 01
elecltng five supervisors lor the distriCt. Notice 01 the
landowners mee\lng shall be pubhshed once a week lor
2 consecutIve weeks In a newspaoer which IS In oeneral
circulahOn In Ihe area of Ihe dlstllct. the lasl day 01 such
publtca\lon 10 be nol tewer than 14 days or more thal'\
28 oays betore the dale 01 the elec\lon. The landowners,
when assembled al such meeting shall organize by
ele:1m9 a chal/man who stlall condUCI the meetlno. At
su::n meelmg each lanoowner shall be entitled lo.casl
one vote pe: acre 01 land owned by hIm and located
wllhm !he d/slncllor eaCTl person 10 be elected. A land.
owner may vote In person or by proxy in writing. A Irac
tlon 01 an acre shall be treated as 1 acre. entitling the
lanoowner 10 one vole wilh respecl therelo. The two
candldales recervlnO the hlohest number 01 voles shall
be elected lor a per;od 01 4- years and the Ihree candi.
dales receivfl'\o the nexl laroesl number of voles shall
be elected lor a pellod 01 2 vear~. There shall be an elec
lion 0: supervisors lor the district every 2 years thereal.
ter on the first Tuesdav in November The two candi.
Dales receJVino the hlohesl- number 01 votes shall be
e1e:l.ed to serVe 10' a ~-year peflod and the remaining
canoldale elected shall serve lor a 2-year peflod
(3)(a)t " 'he OoarC1 prODo~es 10 e-erClse Ine ad va.
lorem laung powel aulhoflzeo Oy 5 t 90021 lne Olslrlcl
ovarO shalj eal: an e'ecllo') III which !he mE'mhe.s (It the
boarC 0' SUperVisors wllIl)e elecled SUCh eleellon snail
De /lelO In cOnlunCllon wllh a p"ma,y or ge....erl\1 election
unless the dlstllcl bears .he COSI 01 a speCIal electIon
EaCh membel shall be elected by the auahtled electors
01 Ihe dlSlflC' lor a lerm 01 <I years except Ihal at tne
hlsl such eleClIon three members shall be elec.ed lor
a period 01 <I years and two members shalt be elecled
tor a peflod of 2 yeals All elected board members musl
be QualtheO electors 01 Ihe dlSlflct
2 Regardless 01 whether a drSlncl has proposed to
levy ad valorem laxes commenCing 6 years alter the In"
Ila/ apPolntmenl 01 membels or lor a dlslrlct exceeding
5.000 acres In alea 10 vears aller the Inlllal appoIntment
oj members, the pOSlhon 01 each member whose term
has expned shall be hlled by a aualrlled eleClor 01 Ihe
dlslnCI elected by the elector s 01 the dlStllCt
(b) Elecllons held pursuanl 10 thiS subsec!ton shall
be conducled In the manner preSCflbed by law lor hOld-
Ing general elecl/ons
(c) Candidates seeklnc elecllon 10 olllce shall con.
duct Ihen campaigns In accordance With the prOVISions
01 chapter tOO Candidates shalllrle pehl/ons and lake
Ihe oath reQul/ed In s 99.021 WIth the supervIsor of
elechons in the county allecled by such candidacy
(d) The supervisor 01 electIons shall appolnl 'he in-
speclors and clerks 01 elections prepare and turnlsh the
ballots. deSIgnate polling places, and canvass the reo
turns 01 Ihe election. The board 01 county commIssion-
ers shall declare and cerhly Ihe resulls 01 the electIon.
(4) Members 01 the bcard Shall be known as supervi.
sors and. upon erJlering into olIJce. shall lake and sub.
scribe 10 the oath 01 office as prescribed by law They
shall hold ollice tor Ihe terms tor which Ihey were elect.
ed or appolnled and unlil their successors are chosen
and Qualified. II during the term 01 office. a vacancy oc
curs, Ihe remaining members 01 the board shall liII the
vacancy by an appointmenllor the remainder of the un.
expl/ed term.
(5) A maJority 01 the members 01 Ihe board consli.
tutes a Quorum lor the purposes of conducting ils busl'
ness and exercisi~g ilS powers and tor all other pur
poses Achon taken by the distf/Cl shall be upon a vOle
01 a majorily ollhe members present unless general law
or II rule 01 the oistf/ct reQuires a greater number
(6) As soon as orachcable alter each election or ap.
pOlOlmen:, Ine board Shall 0lg30lze b}' e1echng one 01
its members as chaIrman and by elecllOg a secretar)'
who need not be a member 01 the board and SUCh other
officers as the board may deem necessary
(7) The board shall keep a permanent record book
entilled .Record of Proceedmos 01 I"".... DI "",.",ll Corn.
munity Development District. ~n which shall be recorded
minules ol all meelmos, resoluhons proceedlnos, certili.
cates bOnoS given by all employees and any and all
corporale acls Tne record book Shall at reasonable
limes be opened 10 inspecl/on In the same manner 2S
slate county and mUniCIpal records pursuant to Chap.
tel 119 The record book shall be kepI at the offIce or
other regUlar place or bUSiness marnlalOed by the boald
1112
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F S 1989
en 190
COMMUNITY DEVELI)PMENT DISTRICTS
1 !p -'~In!y or rndnIC1r:al!lV In y....t)lcn H..le Csnet :s :O:e
eo
(8) Each supervisor Shall be enlltled to receive lor
rlls serVices an amount nOl 10 eaceed $10::1 per monln
or an amount established by 1I1e electors at reterendum
In addlllon each supervisor snail lecelVe travel and per
olem eapenses as sel 10llh In s 1 i2 061
(9) M meellngs 0: the board shall be open 10 !he
puohc and governed by Ihe prOVIsions 01 chapler 286
"'''0') -, 2 CIl 80-007 . 6 CIl "'-300 . 2j CIl ~-llO
190.007 Board 01 supervisors' general duties -
(1) 1 he Ooard shall emplO)' and fix the compenso
loon 01 a dlstrlCI manage. The dlSlllcl manager snail
have charge and supe,vlslon 01 the works 01 the dIstrict
and snail De responSIOle lor preserving anO maintaining
any Imp10vemenl or laclloly constructed or erected pur
suanl 10 ll1e prOVISiOnS 01 Ir-II!: acl for maintaining and
operating Ihe cQulpmcnt owned by 1l1e dlSlllct a"ld lor
performing SUCh Olner dulles as may be prescfloed by
the boara It shall not be a conlliCI of Inlcrest under
chaplcl 112 lor a board member or Ihe dlstrlcl manaoer
or anotner employec 01 the dlSlflCI to be a SIOckholoer
olflcer or employee of a landowner The dlSlllCl manag-
er may hlle or otherWise employ and termmate !he em-
ployment or such other persons Including. wlthoul Iiml'
latlOn, profeSSional, supervisory and clellcal employ'
ees as may be necessary ana aulhoflzed by the board
The compens,lhon and olher conditIons 01 employment
01 Ihe olflcers and employees 01 the distllct shall be as
prOVided by Ihe board
(2) The board shall designale a person who is a resl'
dent 01 the state as treasurer 01 the district whO snail
have charge of the fundS ....llhe district. SUCh lundS snail
oe dISbursed only upon t, -= o:der or pursuant 10 the res.
olullon, oflhe ooard by warranl 0: check counterslgn!:d
by the Ireasurer and by such other person as may be
authollzed oy the board. The board may give the treas-
urer such other or additional powers and dulles as the
OCard may deem appropllate and may fix hiS compensa.
hon. The board may reoulle the treasurer 10 olve a bond
In such amount on such terms and With su'Ch surelles
as may De deemed satisfaclory to Ihe board to secure
the performance by the treasurer 01 hiS powers and du-
lies. The financial records 01 the board shall be audited
by an independenl certiflec public accountant at least
once a year
(3) T he board IS authollzed to select as a depOSitory
10: liS lundS any quahlled public deposilory as oeflned
In s. 280.C2 which meets all the reqUirements 01 Chapler
280.and hasoeen oeslgnated by lhe Ireasurer as a
ouah"ed puchc aeposltory upon such terms and condi-
lions as to the payment 01 .merest oy such oeposltory
uoon the funcs so aeposited as the board may aeem
j\:SI anc reasonaole
",110') -,. <. CIl &:;-407 . 7 CI\ 8<-360. ,. 32. CIl. !l6-1il
190.008 Budget, reports and reviews.-
(i) The district shall provloe linanclal reports in such
Ic:m and such manner as prescribed pursuant to thiS
ct'lapter and chapler 2i8.
(2)(a) On or bet ore each July 15 the district manag'
e: snail pre.,are a proposed budoet lor the ensulno fls::al
year to be suomilled to the oo-ard lor boare approval
'" .€..... ;;:.,...;se: ......vJ~e! S:)OI I I~IV"""~ 0. 'e 8 ~ !.CJr 1'=
ooarC an t:SllmalC 0: all nccessa': e..per'Ollu'es 01 lIt:
OIS flel lor me ensuln9 "seal year ana an eSllmale of Ir
COr:1e Ie Inc O'SIlI'_\ trom tne la\es anC assess"-,e"1!s
p,ovloeo In II1IS ael lhe ooaro snail consloer me plO.
posed tJvogel1lem Oy lIem and may ellner applove !r.e
nuogel as pro"osed by tne OIS!rIC! manClQ';1 or mOd:f t'
me same an pall Olin v,hOIE: 1tle D.:>ard sr,alllnQ:calt 115
approval 01 Ine budgel by reSOlullon wn,ch reSOlullon
snail provlce lor a t'learlng on the budge I as approved
r~ollce 01 tne healing on Ine buogel snaIl De puOhsnea
In a newspaper 01 oeneral clrculalton In InE: alCi: of Ine
dlsHlet once a wcc~. lor 2 consecultvc wee. S eaCep!
Inal tne IlIsl pubhcatoon snail De nOl lewer lnan 15 oays
prior 10 !he datc of Ine neaflng The nOllce ~r,alllLJllfler
contain a oeslgnalton 01 tile aay tome ana placc o! tne
,",ubl.c heilr,n9 At It'le lime ana P:ilC( deslgnaled In tne
notice me boarc Shall hcar all oDlectlons 10 tne budgel
as proposed ana may ma~.e suCh cnilnges as me OOd,a
aecms necessary AI thC conch../Slon of thC budgel neal
Ing me board snail. by resolullon adopl tr-Ie Dudgef as
Iinally approved by 'he board The budgCI shall be
adopted pllor 10 October 1 01 eacn year
(b) Al least 50 days prior to adopllon. Ine dlStllC!
board shall suomi I 10 the local govcrnlng aulhorll.es hay
Ing JUllsdlctoon over !he area Jrlcluoca In Ine OISlllCl for
purposes of diSClosure and Inlorma\lon only the pro-
pOsed annual budge I lor 'he ensuing Ilscal year anc any
ploposed long-Ierm hnanclal plan or program of tne 015
IIICl for lulure opera lions
(C) The local governIng aulhofltles may review tne
proposed annual Dudgel and any long-Ierm finanCial
plan or program ana may suomll wfllten commenlS 10
Ihe board lor lIs asslslance and Information In aoopllng
liS annual buaget and long-Ierm flOanclai p;an or pro.
oram.
- H."ol").-I. 2. en &e,.-4O;
190.009 Disclosure 01 public financing -
(1) Tne dlSlllct shall taKe atllrmallve steps 10 provloe
tor the full disclosure ollOlormallon relallnc 10 the publl:
hnanClnc ana maintenance 01 Improvemer. s 10 real
property- unoertay.en Dy the OIStrlC Such Inlormallor.
shall be maae available to all eXISllOQ or plos::>ecllve res.
iden.s In the lan:::i area under JUflSO~Cllon o! .ne QIS\rlC:
I-.ny developer of resloenllal land Within tne bouncalles
of toe dlStrlC' when reaulre::: b) la" to orOVI:::e a DuDIIC
ofierln~ Slalemen snalllOcluoe sucn Iniormallon re:o
Ino Ie ine puolic flnanclna an::: maintenance of Improve-
ments In tne pUDhc ollerinc stalemenl
(2) The DIVISion 0: Flor~da Lane Sales Concomlnl-
ums and MObile HOr:1es of the De;janmen: of t:lUSlness
Reoulallon snail assure Inal disclosures maoe pursuanl
10 Chapler 498 meet tne reaulremenls of tn,s secllon
(3) The Depanment 01 Communlly Afial's shall keep
a curren1 lis 01 districts and tnelf diSClosures purSl,;3nl
to tnls aCI an:: snali make SuCh SluOles and r~Dorts a~d
take such aellons as Ii oeems necessary
11'1'01').-' ". ct\_ &.J~' . 17 Ct'l 81-\67 " crl. e:;-~~. I Cr.. e~--6C
190.01' General powers -The dlslrlC shall have
ana :ne boaro may exerCise the 10110"'109 powers
P) j' c sue and De sue:::i In the name 01 \he dlstrlCI
to a:::iopi and use a seal anc au:hoflZe \he use 0: a lac
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Ch. 190
COMMUNITY DEVELOPMENT DiSTRIC"S
f 5 19S9
Simile tnefeol 10 acoulle by purcnase 9,ft oey.se or
otnerwlse real anC personal properly or anI' eSlale
It'lefeln and 10 make ana exeCule contr,,~ls ano Olner
Inslruments necessary or convenlenl to tne exerCise 01
lIS powers
(2) 10 apply lor coverage olliS employees unoer tne
stale rellfemenl system In the same manner as II suen
employees were state employees sublectto necessary
achon by Ine d'SlflCl to pay employer conllloullons 1/)10
the stale rel/rement lund
(3) To COnlraCllor Ihe services 01 consultants 10 per
101m planning englneermg legal, or olner appropllale
servIces or a plOlesslonal nature Sucn contracts snail
be SUb,ecl 10 lne requirements 01 slale law relatlno to
public bidding -
(4) 10 bOI/Ow money and accept {lIltS 10 apply lor
ana use granls Of loans 01 money or olher properly Irom
Ine UnIted Stales the stale a unit or local goyernment.
or any person lor a'ly dlslllCI purposes ana enter IfllO
agreements reqUired In connectIon Inerewllh and 10
hOld use and olspose 01 SuCh moneys or ~operly lor
any dlstflct purposes In aCCordance wllO tne terms of
lhe gIll granl, loan, or agreement relallng therelO
(5) 10 adopt Oylaws rules resolutions and orders
pursuanl to Ihe prOVIsions of Chapler 120 presCflolOg
the powers dUlles and functions of the ofhcers 01 tne
dlstnct the conouct of the bUSIness 01 the dlStflCt. tne
maintenance of records. and the torm of cerhhcalesevl'
denclhg tax hens and all other documents and recorOS
01 the dlStllCt. The board may aoopt administrative rules
and regulations wilh respect to any 01 the prOJects of the
district and define the area 10 be included IherelO on
SUCh notice as IS required lor elechons and public hear
ings.
(6) To maintain an oHlce at such place or places as
it may deSignate within a county In which the dlstrl:;t is
located, whiCh olllce must ::>e reasonably accessible to
the landowners.
(7) To hole. conlrol, and acquire by donation, pur
chase or conOemnalron any pubhc easements, ded,ca.
tions to pubhc use. plallec: reservallons lor public pur
poses, or any reservalions lor those purposes author
lzed by thIS aCI and to make use of suCh easemenlS
oedicalrons or reservations lor any of the purposes
authorized by this acl.
(8) To lease as lessor or lessee 10 or Irom any per
son, film, corporahon aSSOClahon. or OOdy public or pri.
vale any pro!ects 01 the type that tne OISlflCIIS aut:10r
Ized to undertake and lacilitles or property of any nature
lor me use 01 the dlstricl te carry out any 01 tne purposes
autnonzed by trlls acl.
(9) 10 borrow money and issue bonds certillcales
warranls noles or other eVidence of indebteoness as
hereinafter prov.oed 10 levy such lax and special as.
sessmenlS as may be authonzed and to charge collect,
and enlorce lees and otner user charoes.
(10) To raise by user cnarges or lees authonzed by
resoluhon of tne coard amounlS of money whlcn are
necessary lor the conoucl 01 the dlSlllCt acltvJlles anC
services and 10 enforce Ihelf receipt and collection in lne
manner pres:;ribed Oy lesoluhon not Inconslslent wltn
law
( 1) To exercise wllnln tt\~ O'StllC or Devone lne a's
!r.el w,lfl Ollor aooro",a. Or resolull0r, 01 tnE: 9()\'ern,ng
DOOy 01 Ine COunl,' ,: me la~,n9 "',: OCCUI Ir ilr ,r"n=:or
poraleo area or ....,In pliO' approval Dj' resOlullon 0 me
goyerOlog DOOy 01 tne murllclpalily II tne la~lng w,li COC
CUI w.lntn a munlClpallly me IIgnl ane power 0: e-m,nen\
oomaln. pursuanl 10 me prOYlSlons 01 cnaplers 73 and
71, oyer any propelly wltnm loe slale excejJl muniCIpal
counly Slale and leoeral property lor me uses and pur
poses 01 me OISIIIclrelallng SOlei) 10 water sewer als
UICl roaOs ana waler management speCIIIC311y InClud'
Ing. wllnout lrmllallon. toe power lor toe la",ng o! ease
menlS lor the Olillnage 01 the lana 01 one person over
and Inrough lfle lanD of anomer
(12) 10 cooperale Wlm or conltacl wlln olner gOY'
ernmental aoencles as may be necessary convenlen!
InCldenlal. 0; propel In connection WIth any o! tne pow.
ers dulles or purposes alJlnOll;:eo oy Ihl$ ael
(13) To assess and Impose upon lanos If Ine dlSlflCI
aD valorem laxes, ceneltlS taxes ana mamtenance lal<.
es as prOVIded by \fI'S acl
{14) 10 Impose and loreclosc speclill assessment
liens as provloed by InlS act or 10 Impose collec and
enlorce non-ad valorem assessments pursuant 10 Ine
prOVIsIons 01 ss 197.3632 and 1 S 7.3635
(15) 10 exerCIse all 01 the powers necessary cony~,
nlen!. IOcldenlal, or proper tn eonnecllon wllh any 01 the
powers duhes or purposes authomed Ov thiS act
{16) 10 exerCIse suCh special powers as may be
authoflzed by Inls act
HI''''''',-'. 2. en /KI...Ol . & en &<.360.. <6. en 85-'69
190.0'2 Special powers' public improvements and
community lacilities.- Tne OISllIel snail have and the
board may exerCise suoJect 10 the regulatory fUflSd,c.
tlon and permlt\lng authonty of all applicable govern.
mental booles aoencles and speCIal dlSl/lcts haVing
authority With respect 10 any area Incluoed mereln. any
01 all 01 the followlnO speCial powers relallng 10 pubhe
Improvements and Communsly facilllles aulhomed by
this acl.
(1) To hnance. lund plan, establiSh. aCQulle con.
struct or reconstruct enlarce or extenc eOUl:J operate,
and maIntain syslems and iacililles lor tne lollowlng oa.
SIC Intrastruclures.
(a) Water management and control lor the lands
wi1h," the dlstncl and 10 connect some or any 01 sucn
facilities With roadS and bndges
(b) Water supply sewer and wasle waler manage.
ment. or any comomallon thereof an:: 10 construC: and
operate connec\lng 101erceptlng or oullel sewers and
sewer mains ano pipes anO water mains. condUits or
pIpelines In, along and under any slleel, alley hlgnway
or other publiC place or ways anO 10 dispose 01 any el.
lluenl. reSIdue, or olner byproduCls 01 suCh system or
sewer syslem.
lC) alleges or culverts that may be needed across
any oraln, ditch. canal Iloodway hOldIng baSin, excaya..
\Ion, public highway Iract. graoe Itll or cut and roac'
ways over levees anO embankmenls ane to conslruel
any ano all of SUCh works and Improvemenls across,
lhrougt", or over any publiC rlght-ol-way highway
graoe fill, or cut
1114
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COMMUNITY DEVELOPMENT DISTRICTS
Ch. 190
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(dj ~'SIIICt lOadS eOua, 10 or exceeoang me SpcCI'
callons of lne counlv '" wh.cn SUCh OISIIlCI roaos are 10-
caled and slleet hghtS
(e) Any other proJecl With," or Without the bounda
rles 0: a dlSlf1CI when 2 local governmenllssued a oevel.
opmen: oroer pursuan! :0 S 38Q 06 or s 380061 approv'
Ing or expressly reQulflng lne conSlluCllon or lundlng 01
tne prOtect Dy the Olstract or wnen the prOJect IS tne sub'
Jecl 01 an agreement between the district and a govern.
mental entity and IS conSistent with the local govern.
menl comprehensive plan 01 the local government With-
In whiCh the prOject IS 10 be located
(2) Aller the board has oblalOed the consent 01 the
local general-purpose government wlthlO Ihe IUIISdlc
lion 01 wnlCh a power specl(,ed '" thiS suDseclloro 15 10
De clCerClsed 10 plan, estabhs:1 aCQUire construcl or rc-
conslluct enlargc or exlenC equIp operale anc main-
tain addlllonal s)'stems ane taclhlles lor
/ (a) ParkS and laclh\les lor Indoor and outdoor recrc.
. a\lonal cultural, ana educallonal uses
(b) Fife prevenllon and control, Including lire sta
\Ions water mains and plugs fire trucks and other venl'
cles and equipment.
, (c) SChool buildlnos and related structures. which
may be leased sold, or donated to the scnool d,stnct,
tor use in the educa\lonal syslem when authorazed by
tne dlstnct school board
'" (d) Security Includang but not hmited to guard-
houses lences and oates electroniC inlruSloro-
detection systems, and patrol cars, when authorized by
proper governmental agencies except that the d,stflct
may not exercise any police power but may contract
With the appropllate local general-purpose government
agencies lor an ancreissed level 01 SUCh services Within
tne distract boundaraes.
(e) Control and elimination 01 mosquitoes and other
arthropods 01 public health Importance.
./ (I) Waste collection and disposal.
(3) To acopt and enlorce appropriate rules lollowang
the procedures of chapter 120 in connection With tne
prOVision of one or more services tnrough ItS systems
and lacil.\les
HoIIOry -,. <. el\. ~7 ,. SI. el\. 63-217 s. 5. CII. &<-360;, 47 CII.89-16!I.
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190.0125 Purchase or sale 01 water or sewer utility
by dlstrict.-No community oevelopment distract may
purcnase or sell G water or sewer utilily trlat provloes
service 10 the pubhc lor compensation, until the oovern.
Ing cooy of the commuMy development dlstr~ct nas
nelc a pubhc healing on the purchase or sale and maoe
a oetermlnahon that tne purcnase or sale IS in the publiC
interest. In determinino it the purchase or sale is In the
publi:: interest, the c-ommunity oevelopment district
snail consloer at a minimum. the lollowlng
p) The most recent available Income and expense
statement IQr the utility.
(2) Tr.e most recent avaiiable baiance sheet lor the
utility liSllng assets and habihlles and clearly ShOWing
tne amount 01 contributions-In-ald-of-construcllon and
tne accumulated depreCiation thereon;
(3) A statement of tne existing rate base of the utility
io~ regulatory purposes'
(4) Tne phYSical condi\aon of the utility facilities be.
ing purcnased or sold
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(5) 1ne reasonaDleness 01 !rlc :;'urcrlGse 0: 5o,e~
poce ano lerms
(6) 1ne Impacts ot the purchase or sale on utility
CUSlOmers botn posllove ano negallve
(7) Any aOdl1lonallhveslmenl leoulled and the aD,I,.
Iy and Willingness oftnc purcnaser to make thatlnvesl
ment whetner the purChaser IS troe community oevelo::>.
ment OIS\llCl or the enll1y purcnaslng the ullllt\' Irom me
communrly development dlStllCt
(8) Tne allernaloves to the purchase or sale anC tne
potenllallmpact on utility customers I: tne purChase or
sale IS 1"101 maoe and
(9) Tne aDllily 01 Ihe purChaser 10 prOVide ano main
taln hlgn-Quillity and cost-ellcetlve u!lllly sel\lIce
wnether tne purchaser IS me community ocvclopmer.
dlSll1Ct or the enht)' purChaSing tne ullhty tram tne com.
munlty oevelopment dlSllICl
The community oevelopmenl dlstllel 5hall prepare a
statement shOWing mat the purChase or sale IS In tne
puDhc Interest, Incluolhg a summary 01 me purcoaser S
expellence In water and sewer Ullllty operation ana a
showlhg 01 hnanClal abilily to provloe lne service wnetn.
er !he purcnasn.r IS Ihe communlly oevelopment d,S!rI::t
or the entity purChaSing (he utility Irom the communtly
development dlStllCt
H..10'l' -I 3. GI\ lIA-&4
190.0'3 Water management and control plan.-In
the event that the board assumes the responsiDlllty lor
prOViding waler managemenl and conlrol tor the district
2S provideC In s 19Q.Oi2(1)(a), \he boarO shall proceed
to adopt water management and control plans assess
lor benehls and apportion and levy laxes as 10110ws
(1) The board shall cause 10 be made by the cn,el
enolneer or such other enolneer or enoaneers as me
board may employ tor that purpose complele and com-
prehensive waler management and control plans lor Ine
lands localed wlthan the dlStllct that will be Improvec In
any pari or an whole by any system of taclillles tnal may
be outlined and adoplee and the engineer shall rna"-e
a report in wrillng to the board With maps anO prolales
of said surveys and an estimate 01 the cos; of carrYln;;
ou; and com;:>letlng the plans
(2) Upon toe comolellor, of such plans the beard
shall holc a hearanc thereon to near ODle:::t,ons thereto
Shall Dive notice 0: tr,,; lime anc place hxeC for sue;-,
hearing by pUDhcatlon once each week lor 2 consecu-
tl",e weey,S Ih a newspape~ of general clfculatlon DUO-
hsheCl Ih tne oeneral area of the dlSlrac and snail permit
the Inspecllo-n of tne plan al the olllce of tne distract Dy
all persons Ihterested All oOJecllons to the plan shall oe
tllea 21 or Defore the lime taxed In the notice lor the hear
Ing ano Shall be Ih wrallng
(3) Aller tne nearin~ the bo?ro snail consloer Ine
proposea plan and any obJecllor 'ereto and may moo.
Ity reject, o~ adopt the plan or:: oInue toe nearang 10
a cay certain lor turther consldel .on 01 the proposeCl
plan or modilical,ons thereot
(~) When Ihe boarC approves a olan a resoiullOn
shall be aoopled and a cerllllec copy tnereol snail be
filed 10 the office of Ihe secrelary anC IncorporaleC oy
him InlO tne records 01 tne OIStrICt.
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Ch. 190
COMMUNITY DEVELOPMENT DISTRI::TS
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(5' TN' .....;;le' managemenl anO conUOI plan ~,a\, ne
allerea II'. .Je:,,,: IfOrT IlffI(: Ie. lime unll: me appra,sa lee
ord herein provlaeo IS "ied Out nOI an SUCh manner as
10 alleCI mateflally Ine cond,hons 01 lIS aoopllon Aller
tne appra,salre::ord has Deen flied nc allerallon of Ine
plan snail De maoe except as provloed by IrllS acl
(6) W,In,n 20 days allel Ine llnal aoopllon ot Ine plan
b)' the Doare:: Ine beard Shall proceea pursuanl 10 ss
29830-2983':
".0101) -I 2. en &."\..407
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190.014 Issuance of bond anticipation notes -10
aodlllon 10 Ine Olnel powers provided 101 In thIS a::1 an"
nOlln hmltallon Inereol the dlstflct Shall have the power
at any lime and hom lime 10 lime aller Ine Issuance of
any bonds of the d,Stflct shall have been aulhofl2eC! to
DOff OW money lor Ihe purposes 101 whIch such Donas
are 10 be Issueo In antlclpallon of the receipt 01 the pro.
ceeos 01 Ine sale ot sucn Donas ana 10 Issue bond anllc
loa lion notes In a pllnclpal sum nOI In excess 01 Ine
autnOIl;ed maximum amount of suCh bond Issue SUCh
nOles shall be In such denom,nallOn or Oenom,nallons
bear Interest at SUCh rale as the board may delermme
In compliance With s 215.8< mature at suCh time or
limes not later Ihan 5 years trom the dale 01 Issuance
and be in such torm and execuled In SuCh manner as the
board shall prescribe. Such notes may be sold al eltner
pubhc or pflvate sale 01 il suCh nOles shall be renewal
notes may be exchanoed tor nOles then oulstanomo on
SUCh terms as the boarC! shall determine. SUCh nOles
shall be paid Irom the proceeds of suCh bonds when IS'
sued. The board may in ItS Orscrellon in lieu 01 rellrmg
the notes by means of bonos. retlfe them by means 01
current revenues or hom any laxes or assessments lev.
led lor the pavment 01 such bonOS' but In SUCh event a
like amount of the bones autOoflzed shall not De Issued.
HIII....,.-I. :t CII. ~,. .. 5. en. B3-21~.
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190.015 Short-term borrowing.- The distnct al any
lime may obla,n loans in such amount and on such
lerms and condihons as the board may approve lor the
purpose of paYing any 01 the expenses 01 the dlslrlCI o~
any costs incurred or that may De Incurred In connection
With any of the proJecls of tOe dlstnct which loans shall
Dear such inaeresi as the board may del ermine If) com.
phance With s 215.B~ and may be payable trom and se.
cured by ;a pleoge of SUCh funds revenues laxes and
;assessments as Ihe beard may oelermlne sUDJe::t
however 10 tne prOVISions contained In any proceeolng
unoer wOlch Donas were tOerelolore Issued and ale
Inen outstanolng For the purpose of defraying sucn
COSIS and expenses the OlstllCI may issue neootlable
notes warrants or other eVidences 01 debt to De pay.
able at SUCh limes 10 bear Such IOleresl as the board
may Oetermlne In comphance With s_ 215.~ anC 10 be
S~ld or dlscounled at suCh pllce or prices not less than
9::> percent of par value and on suct. lerms ;as Ine boald
may deem adVisable Tne Ooard shall have Ihe noh! to
prOVIde lor the paymenl thereof Oy pledolOo tne wnole
or any part 0: Ine lunds revenues laxes ane assess.
ments 0: Ihe district The approval ollhe elec\O~s resld.
Ing 10 the dlSlllct shall not De necessary excep wnen rf;.
qurred by tne Slale Conslllullon.
11"'DI')' -I. 4. en. ~7 &. &:i. c:I'I 8'-25~. & 10. Coh. e:;...2'~
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190016 Bono!-
(1 \ SAL E C)~ ~,)r...:' S - oor-1cs rT;a, ~t Slll".] II... r S
or InSlalimenlS al Qltlf;len limes or ar en ,re 1$50(- (,: St:
lies mar De SDIO al Dne lime BDnos ma) De SD'e il r,u[
I.C or oliva Ie salE: aile' suen aove/llsempn II an, as !"E:
Doaro may oeem ao,'lsaOle bul nOI In arly eve" " less
Inan 98 pelcent o! Ine par value lOeleol looelr,er wllr,
accrueo Interest (flereor, bonos mal DE: sOle Df e,
changed 10/ relund,nr; Donos Specla: assessment anc
revenue bonos may De oelivereo Dy lOe OIS\l.C as Pn)'
menl 01 toe purcnaSE: Dllce 01 any prOlecl or part tnereo'
or a comblnallon 01 prOlects or parts Inereol or as tne
purChase pllce 01 e.cnange lor any properl\, reil pe'
sonal 01 mIxed InCluOIO\; Iran::nlses 0' services fer,.
oereO by an) conlraClor engineer or nlner pelsOil all
alone lime 01 In blOCKS Irom lime 10 lime In sucn man.
ner anC! upon sucn terms as trle ooard In I!S O,sCI"Ioon
sl1all oetermlne . he [)lIce or pu::es lor an) Donas SOld
excnangeo. OJ oellvereo may oe
(a) .he money palo 101 \he;, bonds
(0) The prinCipal amount plus accrued 1f1\2res\ 10
Ihe dale olreOemplion or e),change or oulstanolng 001,.
gallons eXChanged lor reluno'ng Donas and
(c) In Ihe case 01 speCial asseSsmenl or revenue
bonOS, Ihe amounl 01 any Inoebteoness 10 conlraClOrS
or olher persons palo WI!h suCh Donas or the laIr value
of any properlles excnanged for the Donds as oeter
mined by the board
(2) AUTHORIZATION AND FORM OF BON8S -Any
general obhgatlOh bonds bene!ll bondS or revenue
bonos may be authoflzed by resolullon c. resolullOnS of
the boar 0 which Shall be adopted by a ma/orlly 0: alllhe
members Ihereol then In olh::e SUCh resolullon or rese.
lullons may be adopled al Ihe samf; meelln; at which
Ihey are If1lroouceO ana neeo not be publisheo or post.
ed The boaro may by reSOlution. authoflZe the Issuance
01 bonds and I,x tne aggregate amount 01 bonos 10 be
rssued; the purpose or pUlposes lor whiCh Ine mone)'~
oeflved theretrom shall be expended the rale or rates
of Inlerest. In compliance wllh s 21 5.8~ !he oenomlna.
tlon 01 the bonOS whetner or n01 the Donas are 10 be IS'
sued In one or more serres tne oale or cales c. malulIl)'
WhIch Shall not exceed ..0 years horr their respecllve
oales of Issuance Ine medIum of pavment toe place or
places wltmn or wltnoul Ihe slate wnere payment snail
De maoe regrstratron pllvileges redemption terms and
prrvlleges wnelher wllh o~ wllnoul premium Ine manner
of execulior,. \he lorm oj \he 00:105 In=iuciln; any inter
est coupons to be attacnec IherelO Ine manner 0: e),f;'
cullon 01 bonOs and coupons and any anc all olner
terms covenants and condlllons Ihereol ana the eSlat>.
Irshmenl 01 revenue 01 olhel tunas. SUCh autnoflzlhg res.
olullon may turlher prO"'loe that SuCh DOhds may be exe.
cuted Ih accorcance wllh Ihe Registered PubliC O:)llg,,'
lions Act. except tnal bonos not Issued m registered
form Shall be valid it manually countersl~.med by an oil,.
cel Cieslgnaled by appropflale reSOlution o~ Ine board
The seal ollhe diStrict may be a:llxee Iilhograpned er
gravec or olherwlse reproouced In lacSlmlle on suci'l
Donos In case anv officer wnose Slonalure snal: apoear
on any bonos or couoons snail cease 10 be such olilcer
betore lhe oellvery o~ suen Donos su:n Signature Df ia~
Simile shall neve:lheless De vaile and sufhclent ID: all
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COMMUNITY DEVELOPMENT DISTRICTS
pur pc-ses tne same as II he road remalneo In oftlce until
suer, Cellvery
(3i INTERIM CERTlFICA TES REPLACEMENT CER
TIF1CA TES -Pending Ine prepalallon 01 Oelmllrve
bol'lCS Ine boara may Issue Inteflm cerllllCates OJ reo
celplS or temporary bonds tn SuCh lorm and wIth sucn
prov:Slon~ .S the board may oelermlne eKChanoeable
lor oehOlllve bonOS wnen such bonos have been e-xecul
ed ana are availaOle lor oelivery The board may alSO
plOl/lOe lor \he replacement 01 any bonos wnlCh become
muhlaled 10SI or oestroyed
(~) NEGOTIABILITY OF BONOS -Any bond Issued
unoel InIS ac: 01 any temporary bono In the aosence 01
an eKDless recital on tne tace Ihereof Ihal II IS nonneao.
liable shall be lully negotiable ana Shall be and consh'
:ule ;. neOoliaOle InSlrumCnI wllhln Ine meanlno and lor
a" pu~poses 01 Ihe law mercnanl and tne la~s of Ihe
stale
(S) DEFEASANCE -The board may make such pIa'
VISion With respecl 10 the oelcasance 01 the IIghl, title
ana Inlerest 01 the holders 01 any of Ihe bonds and obli.
gallons 01 Ihe d,stllct In any revenues funds or otner
p'Opertles by whICh such bonds are secured as the
board deems appropnate and, Without hmllatlon on the
loregolng may prOVide thai when such bonds or obliga.
l'Ons oecome due and payable or shall have been called
lor redemphon and Ine wnole amount 01 the pnnclpal
and Inlerest and premium, if any due and payable upon
loe Donas or obhgahons then outs landing Shall be held
in trust lor such purpose and prOVIsion shall also be
maoe for paYing all other sums payable in conneChon
With such bonds or other obhoatlons then and in SuCh
evenl the fight, tille and inle;esl 01 the holoers 01 the
Donas .n any revenues tunds or other properties oy
which suCh bones are secured snail thereupon cease,
termlnale and become void; and toe board may apply
any surplus in any sinking lund established in connec
tlon with sucn bonds or obligations and all balances re.
malrlzng in all other tunds or accounts other than money
held lor the redempllon or payment o. the bonos or otner
oOligallons to any lawlul purpose 01 the dlSlllCI as the
boara shall Delermzne
(6) ISSUANCE Or ADDITIONAL BONDS -If the
pro::eeos 0: any bonos are less than the cost of com.
pletlng tne prOject In connect,on wl:n wt'lIcn such bonos
were IssueO, the beard may autnoflze toe Issuance of
aociltlonal bonOS upon suen terms and condlllons as
tne ~oard may prOVide an the resolullon autnonZlno the
Issuance thereol bul only In comphance With the re.solu.
lion o~ o~her proceedings authollzlng the Issuance 01 tne
OflOlnal Donas.
(7) REFUNDING BONDS -The district shall have
tne Dower 10 Issue bones 10 prOVide lor the retirement
o~ refunolng 01 anv bonds or obhoatlons of the dlSlllCt
Ir.a al Ine lime oi Such Issuance- are or subsequently
tnereto become cue and payable or that at the time ef
Issuance nave been called 0; are or will be subject to call
lor redemption witnrn 10 years tnereaher or the surren.
oe~ of whlcn can De procured trom the holders thereof
al prices satlstactory to the boaro Refunding bonos
may De Issued at any time when," the Judgmenl 0: \he
boaro SUCh Issuance will be advantaeeous to the OIS'
Ifl::\' No approval 0: the qualilled electors resiolng in Ine
Ch. 190
dlS\l'C1 Shall be reauued tor In" .ssuanc(; 0 eIJ'lc):";
bonos excepl In cases In whlcr, suer, approva' IS fE"
Qu,reo by tne Slate ConslllU1l0n 1 ne Doald may Dv res
Olu"on conler upon tne noloe~s o! sucn relunOln<;; Dones
all r'ghts pOwers and remeOles 10 wnlcn "Ie noloers
wOUiO De enlllled I: ttley con\lnue,C 10 De tne owners "nC
hac possession 01 tne Donas to! lr,e ,etonanc.ng c,i w'"CI1
sucn retunolng Donas are Issueo rncludlfl'; Dul no: J,m
'lea 10 !he preservatIOn 01 Ine hen o~ suCI1 oonos on tile
revenues 01 any prOlecI or on pleoged lunOS wllnOu\ e,
Iongu'snment Imparrment or dimInution Inereo. T ne
prOVISions 01 lnrs aCI pellillnlf)9 10 Donas ')1 Ine OISlJ1C\
snail unless 'tie conlexl otnerwlse reauorcs govern Ine
Issuance of relunoong bondS Il)e torm ano Olnel nel;1I1S
thereof Ihe rights of tne holaer tneleol ana Ine Culles
01 lne board Wllh respect 10 lhem.
(S) REVENUE BO~'.:oS -
(a) Tne dlSlflcl sn.... have ltle power 10 Issue leve.
flue DondS !rom lime '0 lime wltnou\ Iimllahor, as 10
amount SUCh revenue bonos may De seCured Dy or
payable from, the gross or net pleage 01 tne revenues
10 be oerlved 'rom any prolect OJ comblnallOn 01 prOI"
ecls trom the rales lees or olher Charges to be collecl
ed !rom the users 01 any prOJecl or projects from any
revenue-produCing underlaklng or aCllvlty 01 the a:s
lract Irom speCial assessments or trom any olner
source or pledged secuflly SUCh Dones shall 1'101 con:'lI-
lule an Indebtedness 01 the dlSlflCl. and tne approval 01
the aualifled eleclors shall not be reQulfed unless sucn
bonos are addl\lonally secured 0)' the lulllalln and credo
it and laxing power of the dlstncl.
(b) Any two or more prOjects may be combined ane
consolidaled Into a Single prOJecl and may hereal1er be
operated and maintained as a single prOJeCI Tne reve.
nue oonOs aulhomed herein may De Issueo to finance
anyone or more 01 such prOjects. regardless 01 wnetner
or not such projecls have been combined and consoli.
daled mto a slnple prOJect. II the boaro deems it aavls,
able the proceedings authollzlng such revenue bonds
may prOVide that the dlStrlC\ may tnerea :er comolne tne
prOjects then being financed or Iherelofore hnancea
with olher prOjects to be subseouently hnanced oy tne
dlSlflct and that revenue bondS 10 oe thereafter Issued
01' the district snail be on pallly With the revenue bonos
tnen belno issuec all on such terms condlllons and hm-
I:atlons as shall nave been orovleed In tne pro:eedlng
wnlch authorized the orlcanal bonos
(9) GENERAL OBUG-A liON BONDS -
la) The diStriCt shall have tne power :rom time :0
time to Issue genera' oohgatlon bonos 10 hr.ance or reh.
nance capI:al prOjects or to relune outstanding oonos
In an aggregate pf/nclpal amounl 01 bonds outstanolng
at anyone time not in excess of 35 percent of Ihe as
sessed value of the taxable propefly wltnln the diStrict
as snClwn on Ihe perllnent tar. recoros al tne lime ot tne
autnor:zallon 0: the general obligation bonos tor whlcn
the lull faith 2nd credll of the OIS\lI:\ IS pieooed Excep:
lor retundlno bonos no ceneral Obhoatlon bonOs shall
be issued unless tne bonds are Issued to finance or refl'
nance a caoltal prOject anc the Issuance nas Deen ap.
proved al an election helo In accoroance wlln the reo
qUlfemenlS lor suct'l eleCtion as prescribed by tt'le Slale
Cons\llutlon SUCh elections snail be calleC 10 De held
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Ch. 190
COMMUNIT'r DEVELOPME NT DISTRICT S
F S 1989
Ir Ine OIS\I.CI o} I..e ::>varc Of COu/;l)' commiSSioners Of
Ine county upon If'le reOuest Ollne Ou;'IO o~ Il'le O:SIlIC
Tt'le eKpenses 01 calling and noldlng an elechon snail De
at Ine expense of tne OIS\llCt and the dlSlflCI shali relm.
burse the county tOl any expenses Incur reo In call1Ot) or
hold,no sucn eleCllon
(b) ~Tt'le QIS'"CI may pleoge .IS lulllalth and c.edll lor
the payment of Ine prinCipal anQlnterest on suCh gener
al oOligallon bonos ana lor any reserve lunos provloea
therelor and may uncondlllonally and lue\locably pleoge
Ilsell to levy ad valorem laxes on all taxable propefly In
tt'lc dlstllcl 10 the exlent necessary lor tne payment
Increol WithOut IImllallons as 10 rale or amount
(C) II Ine board Oetermlnes to Issue general obh9a.
I,on oonas lor mOle !roan one caprtal pr01ect. It'le approv'
al ollhe Issuance ollne Donas lor each ana all sucn plOr
CCIS may be suomllled 10 the electors on one and tne
same Dallol Tne lailure ollhe eleClors 10 approve lhe IS
suance 01 bonOs lor anyone 01 mOle capital prOlecls
snail nOI oeleal the approval 01 bonos lor any capItal
prOJcct whiCh has been approved by Ihe eleCIOIS
(d) In afllvmg al the amount of general obllgallon
bonds permllleo 10 De outs landing al anyone lime pur
suant to paragraph (a), tnere shall not be Incluoed any
gencral obllgallon bonos which are addi\lonally secured
by the pledge 01
1 SpeCial assessments leVied In an amount suHi-
Cleo'll to pay the pnncrpal and IntcreSI on the general ob.
IIgallon bonds so addrllonally secured. which assess
meOls have been equalized and confirmed by resolullon
or ordinance of the board pursuant to s. 170.08
2. Waler revenues sewer revenues or waler and
sewer revenues 01 the dlstriCl to be deuved \rom user
lees in an amount suffiCient 10 pay the punclpal and In.
terest on the general obhgalion bonds so aodlllonally se.
cured.
3. Any combination of assessments and revenues
described in subparagraph 1 and subparagrapli 2.
(10) BONDS AS LEGAL INVESTMENT OR SECURI.
TY-
(a) NotWithstanding any prOVISions of any olher law
to the contrary all bonOs Issued unOer ttle provISIons of
thiS act shall conSlltule legal Investments lor savings
banks, banks trust companies, Insurance companIes
executors, adminIstrators truslees ouardlans and oth.
e: fidUCiaries and lor any board bOdy agency InSlfu'
mentatll)' county munlclpallly or olher political sUDdIVI.
slon of tne stale and shall be and conslltule securlly
Which may be deposited by banKS or trust companies
as secuflly lor depOSits of state county municipal. or
other public lunds or Oy IOsurance companies as re.
QUlred or voluntary statutory depOSits
(b) Any bones Issued by Ihe dlstllct shall be Incon.
testable In the nands of bona fioe purcnasers or holoers
lo~ value and shall nol be Invaha because of any Iffegu.
lanty 01 OeleCI In the proceedings lor tne Issue and sale
thereof
(11) COVENANTS -Any resolullon autnollzlOg the
Issuance 0: bones may conlalO sucn covenanls as tne
board may deem adVisable and all suCh covenants shall
conSlilute valid and legally binding and enlorceable con.
tracts between the district and tne bondholders reoard'
less of Ihe lime of issuance tnereof SuCli COvenants
~a\' II'\CluOe V:lmoul Iim;:a\lon covenants conl".ernln~
l,..,e'Ols;:>OSlhon 01lf1~ DorIC proceecs t'-,e uSE d'C (1 sr,(.
s.hon 01 plOjeCllevenUes Ine plEoglng o~ Ie .e'1ues :a,
es and assessments tl"le Obligations of the o;strlcl wllf1
lespeCI 10 Ine ore/alion 0' Ine prOleCI and Ine ma,nte
nance of adeQuale proleCt revenues tne IssuanCE 0: ao
dlllonal Donas lne apPointment powers ana Oulles of
lIuslees ana receivers me acoulSltlon of outSlanOlng
bonOS and oDhaallons reSlllcl.ons or: tile eSlaDItSn,r.g
of competlng prOjects o~ laclhlle~ reSlllCl,ons on If.e
sale or disposal of tne assels and plOperly 0: Ine D'$
trlCt the pllOllly 01 assessmenl hens lne pllOllly of
claims by oonClnoloels on the taxing powel 01 Ihe d.s
IIICt the maintenance 01 oeposJ\s 10 assure Ine payment
01 revenues by users 01 O'SllIct lacllltlcs anel servIces
Irre O/sconllnuance oj O,StllCt services ')~. eason 01 ae.
Iinauenl paymenls acCelelallon upon oclault ne e,e.
cutlon 01 necessary InS\lumenlS Ine proceoure 101
amending 01 aDlogahng covenants wllr, Il"\c 00n011010'
ers and sucn olllel covenanls as may De oeemeo nee
essary or oesuaOle lor the seCurlly 01 \tie Dondnoloers
(12) VALIDATION PROCEEDINGS - Tne power 01
Ihe dlSlllcl 10 Issue bonos unoer tne prOVISions of thiS
aCI may be C1ete.mmed. and any oftne bonos of the OIS
InCI maluflng over a penoa 01 more than 5 years snail
be valida led and conlumed by courl Oecree under the
prOVISions of chapter 75 and laws amenaatory Inereof
or supplementary tlierelo
(13) ACT FURN:SH!:S FULL AUTHORITY FOR ISSU.
ANCE OF BONDS -This act constitutes lull and com.
plele aut horny lor the issuance of bonos and lne exer
else ollhe powers ollhe drstrlct provloed nerem. No pro.
ceoures or proceedmgs pubhcatrons notIces con-
senlS approvals oroers acls or thIngs by tne board
01 any bOard olhcers commISSIon oepanment. agency
or InSlrumenlahly ol tne dlSIllCI olner than those re.
qUlrea by thIS act, shall be reqUired 10 per10rm anything
under thIS act. excepl thaI the Issuance or sale of bonos
pursuanl 10 the prOVISions of this act snail comply wllh
me general law requuements applicable to me Issuance
or sale of bonos by the orSlnct.
(14) PLEDGE BY TH~ STATE TO T!"'E B:>N:)HO;,D-
ERS OF TH=: DISTRICT -The stale pleoges to tne hold.
ers 01 any bonds Issued unoer thiS acllnal it will nol !1m,:
or aller the riohts of the dlStflCt to own, acquire con.
struct. reconstruct Improve marntam. operate or lu!
nlsli the prOjects or to le"'y and collec: the :axes assess
menlS rentals rates lees and olner chalges ~rovloed
lor herein and to lullllllhe terms 01 an\' 2Qreemen: mace
With the holoers 01 such bonos or olher oohgallons and
that it will not In any way Impair tne flghlS or remeoles
of such holders
(15) DEFAUL i-A delaull on Ihe bonOS o~ ob1192.
lions 01 a districl snail not constitute a debt or obllga\lOn
01 a local oeneral-purpose government or Ine stale .
"" lOry _, ~.:~ ~,-40) . 11 C~ e.:,-2'~ . '0 cr. ,...:l6O . 7.. C1\ e~
190.017 irust agreements -Any Issue of Donos
shall be secured by a trust agreeme:1t Dy and oelween
the cilslflct and a cor;)orate truslee or trustees wl'l'CI'l
may oe any Irust company or bank liavlng tl"le powers
o~ a trust company wllnln or w,lnOU\ tne Slale Tne rese..
lullon autnoflZlng lne Issuance oj me Dones OJ suen
1118
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COMMUNITY DEVELOPMENT DISTRICTS
trus agreement may pledge toe revenues to be re-
ceIved I,om an~ proleclS 01 Joe OIStrlCt aoo may contain
Such provISions lor protecting and entorClng tile rights
and remedies 01 tt'le bondoolders as tt'le board may ap.
prove mC'ud,n~ wolOoul IImltallon covenants sellmg
lorlh \t'le duties 01 tne OlstrlCt rn relahon 10 tne aCQUISI-
tion. construC\lon. reconStrUCtion. Improvement ma,nte.
nance repair operCihon. and Insurance 01 any pro/ecls
me t,xmg and revIsing 01 the rales lees and Charges
and tne custody saleguardlng. and application 01 all
moneys and lor toe emplovment 01 consulllng engineers
10 conneClfon wlln sucn aCQUlsll,on. conSlIucllon. recon-
struCllon Improvemenl ma,ntenance repa,' 01 o;:>era'
\Ion II sl1all De lawlullor any bank or \ruSI company Wllr..
In or wllnoul ltle Slale wn,ch mal' aCI as a OepOSllor)' 01
lhe proceeos 01 bonos or of revenues 10 lurnlSt'l SUCh In.
oemnllYlng Oonos or to pledge such secullhes as may
be requllcd by tOe OISlllCl Such resolullon or Irusl
agreement may set 10rlh the fights and remedies of lhe
bondhOlders and 01 Ihe truslee il any and may restrict
the rndrvldual /lghl 01 acllon by bonC1tloloers The board
may prOVloe lor tne payment of procecds of the sale 01
tne bondS and the revenues 01 an)' prOject to such olli.
cer board or depOSitory as il may deSignate lor me cus
lody thereof and may prOVIde lor lhe method of dls,
bursemenl thereof With suCh saleguards and restrlc
hons as It may determine All expenses Incurred in carry.
Ing out the prOVISions 01 suCh resolution or trust agree.
ment may be treated as part 0/ the COSl 01 opera lion 01
the prOject to whICh such trust agreement pertalOs.
H..,o')' -,. 2. CII. ev-.o7
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 lax on
all the taxable property in the district to construC\' oper
ate and maintain assessable Improvements. 10 pay Ihe
pnncipal of and interest on any general obhgallon
bonds 01 the dlslnct. and 10 provide lor any Sinking or
other lunos estabhsned in connection with any sucn
bonds. An ad valorem lax levied by Ihe board lor operat
109 purposes. exclusive 01 debt service on bonds shall
nOI exceed 3 milis except thai a distnCI authonzed by
a local general-purpose government to exerCise one or
more powers soeclI,eo 10 s 190.0i2,2) may levy an aod"
tlonal 2 mills tor operating purposes exclUSive of oeOI
service on bonOs Tne ao valorem lax provloed lor nere-
In shall be 10 addlllon to county and all otner ad valorem
laxes prOVided for by law Such tax shall be assessed
leVied and collected In the same manner and same time
as Counly taxes. The levy 01 ad valorem taxes shall be
~ approved by relerendum when reqUired by Ihe Slale
Constitulron.
(2) BE:N:FIT iAX::S - Tne board shall annually oe.
lermine order and levv the annual InSlallment 0, Ine 10.
tal laxes lor bonos Issu'ed 10 hnance water manaoemer.1
~ and control plans wrllch are leVied uf)der thiS acl. which
l. taxes snail be due an::! collected oUflne each year tr,al
t.: county taxes are Oue and coliected' ana such annual In.
~:l Stallmenl and levy shall oe eVloenced 10 and cerlilaed 10
r.. toe property appra,ser Oy Ihe board nOI later than Au'
t i~ ~~~~:)' o~pe;,~~~~~~ ;:~s c~~n~;~~xb~OI~Sn~e~~ds~:I: t~:
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COllected O~ me lax colleclor In lne sam, ma"lner ano
same lime as county laxes anc tne proceeas tnereof
shalll)e paid 10 the dlstllCI Thc la. sna!! De a lien on tne
properly against wnlcn assessed unlll palo aile snail Of
enlorceatlle m IIi\e manne' as counly ta.es
(3) MAINTENANCE i;...>.. - To rr,alntalr. anj preserve
It'le walel management ano conlrol laClhlles 01 Irle c,s
Im::t a ma,n1enance lax Shall be eVloenced Ie anc CC'I'.
I,eo to \he properly a;:>pralser by tne DOn d 01 Supervl.
sors notlaler loan August 31 01 eacn yeal a()o sna': oe
enlered Oy the proDeny aDpralser on 1I)~ counly la' rol15
and Shall be collected by Ine tay colleCIOr In Hie same
mannel and lime as Cour.!v laxes and rl(;o proceeos
tnClelrom snail De paid IG Ine OISlrl;:; Tne la. !'.nali DC
a hen on me property agalnSI wlllCr, assesseO unlll c""o
and Shall De enlolceaOle In lIke manner as county la.cs
II toe malnlenance .s lor oraglnal cons tru:::hon oaseO
upon an apporllOnmenl 01 bcnellls Ine m"lInlenancr: 13'.
snail be apporhoned on 1I1e same baSIS 01 \he ne as
sessments 01 benehts assessed 0: accrUing lor oragln;:;1
construclJon ano sllall not exceed 10 percent Inereot In
any 1 year lithe malOlenance IS lor otner waler manage.
ment and con\rollmprovemenls owned opera led or ac
quned by tne dlSlflct. tile amounl 01 the malOlenance
lax shall be delermmed tly me board baseo upon are.
port 01 lhe chlel engineer and assessee b~ Ine bcard
upon such lanos, wt'lICh may be al/ ot tne lanOS wltn,n
Ine dislllCI benehled Oy the malnlenance tnereo: ap'
pOrlloned belween the benehled lanOs In proportion 10
the benehls received by each tract 01 lane
(4) ENFORCEMENT OF TAXES -The collection
ana enlorcemenl 01 all laxes leVied by the d,SlraCt sr.all
be al tne same lime and In like manner as counly laxes
and the proviSions ot the Flof/oa Statutes relallng to \he
sale 01 lands lor unpaid and oelinouen\ county \aY.es Ihe
Issuance, sale and dehver')' of tax cer\lhca\es lor sueo
unpaid ana delinquent county taxes' the reoempllon
1nereof the Issuance to IOdlvlOuals 01 tax oeeos Dased
tnereon' and all olner proceoures In conneCilon lhere.
wiln snail be applicable 10 tne dlstllclto toe same extent
as il suco s1atutory prOVISIons were expressly se: lorlh
t'lereln. A\llaxes shall be SUbject 10 the same discounts
as county taxes.
(5) WHEN UNPAID TAX IS DEUNOUENi P=Nt,~ iY
Alllaxes provloed lor rn tnls aCl snail Decome aelincue:-Ol
ano bear penallles on Ille amount 01 sucn taxes In me
same manner as counlv iaxes.
(6) 1 A.X EXEMPTION -All bondS issued hereunder
ana Interesl paid thereon and all lees charges. ana 0\0.
er revenues deflved by tne dlSlflClfrom Ihe proJecls oro.
v,oed Oy tnls act are exempl trom air taxes tly It'le Slale
or tly any pohllcal SUodlVlslon, agency or mstrumentalily
Iilereo:' however any anlerest, Income or prollts on OeDI
Obl,Callons Issueo t'lereunoer are no\. exem;:>l troro. \ne
la1. ~mposed by chapler 220 F urlner OlstrlCIS are no e>.
em;:lt trom the prOVISions of chapler 212
(7) NOt-.-AD VALOR:M ASS:SSMENiS -Notwlth.
standlnc any ott'ler provlSlor, 01 thiS seclIor It'le tloard
may util~ze non-ad valorem assessments In /leu o! ben".
'II or maanlenance laxes SUCh non-ad valorem assess
menls may be ImooseC collecled and enlorced pursu'
ailllo the prOVISions 01 ss 197.3632 anc 197.3535
H"lo')' -, 2. el'l &.-4C1 , Il CI'I "".3&1 , ~. en e,,-IES
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Ch.190
COMMUNtTY DEVELOPMENT DISTRISTS
F S 1989
r
190 on Special assessments _
(1) 1 ne boar= ma Ie,,) special assessments lor Ih~
cOnstruction or reconstrucllon 01 assessaOle Improve'
ments aulhoflzeO under In/s cnapler usrng lI'le proce.
oures 101 levy anc colleC110n prOl(lded In cnapter 170
(2) NOlwllhstandlng the prOVISions 01 s 17009 o,s
IflCI assessments may be maae payaole In 20 yearly In.
s aliments
"'110" -, 2. Cf> (10-007 , 12 cn 1><-360
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190.023 Issuance 01 certilicates 01 indebtedness
based on IISsessments tor Iluessable Improvements,
aSSessmenl bonds -
(t) The boald may aller any assessments lor as
sessable Improvemenrs ale made oelermlned and con-
I"mea as provloed In s 190.022. Issue cerllllcales 01 f/)-
debtedness lor the amounl SO assessed against tl'le
80ulllng property or property otherWise benefited as
the case may De and separate cefllllC31CS sl'lall be IS'
sued agalnSI each pall or palceJ 01 land or prOperly as
sessed wnlch cerlll,cates shall state Ihe oeneral nature
of the Improvemenl lor which Ihe a:;sessmenl IS maae
The cerlrllcales Shall be payable In annual InSlallmenlS
In accordance With the mSlallments 01 the speCial as
sessmenl tor which they are Issued The board may de.
lermlne Itle Interest to be borne by such certillcales In
comphance with s. 215.84 and may sell such cerlih.
cales at eilher private or public sale and determme the
lorm. manner 01 execuhon, and other details of such cer
IIhcales. The cerhhcates shall reclle thai Ihey are pay.
able only trom the speCial assessments leVied and col-
lected trom the pari or parcel Of land or property against
which they are issued. The proceeds of such cerlrllcales
may be pledged for the payment 01 pnnclpal 01 and Inter
est on any revenue bonos or general obhgatlon bonds
ISsued to finance in whole or in part SuCh assessable 1m.
provement. or il not so pledged may be used to pay the
cost or <part 01 the cost of Such assessable improve-
ments.
(2) The dislricl may also issue assessment bonds or
other obligations payable from a speCial fund Into which
such certificates of Inoebtedness referred 10 In the pre.
ceding subsecllon may be deposi.ed: or if suCh certllj.
cates 01 indebledness have not been Issued the dlstnct
may assign 10 such speCial fund lor the benehl of the
hOlders 01 such assessmenl bonds or other obhgatlons
or to a truslee lor SUCh bondholoers the assessment
hehs prOVIDed lor In tnls act uniess such cerll1a::ales of
inoebteoness or assessment hens have been tnereto.
fore pleoged for any bonos or other obhgallons author
ized hereunder In the event 01 the crea\lon of such spe.
clal tund and the Issuance 01 such assessment bonds
or other ObI/gallons, the proceeds of such certificales of
Inoebteoness or assessment hens oeposlted therein
shall be used only lor the payment of tne assessment
bonos or other oblloallons Issued as prOVIDed In thIS
section. The diStrict-,s authoflzed to covenant With the
hOloers of sucn assessment bonos or other obligations
thaI il will diligenlly and falfhfully enforce and collect all
the special assessments and Interest and penal\les
thereon lor whiCh Such certifi:::ates Of indebtedness or
assessment hens have been deposited In 01 assignee 10
such lund to foreclose such assessment hens so as
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sl'::flcd 10 suCh soeclallunC1 Of f(-;'lreSl?l1le= ,;' r'e cr'll!
:a-Ies at InoebleOness OCOosl!e::l I: r.e sr,ec,a t ;n:; a
ler sucn assessment hens l'I"ve oecome oehnqJenl "no
oepoSl1 Ine proceedS Oeflved 'rom SUCh loreclosufe !no
Cludlng .nlerest ana penaltIes I~ Sucr. !;pe:lal tunc and
to make any olner covenants oeemed necessary 0: ao
v,saole .n oroer 10 properl)' secule !he hc))oels o! SuCIl
assessment bonos or olner obligations
(3) The assessment bonOS 01 other o~hgallons IS
sued pursuant Ie thiS section snail nave sucn Gales 01
Issue and maluflly as shall be oeemed aDVisable 0)' tr)~
board howevel 'he matullllcs of SuCh assessment
bonds 01 other Obligations snail not bc more than 2 vears
alter Itle due dale of !hE' lasl IOslallmenl which will be
payable on any 01 the speCial assessments lor wrllcn
SUCh assessment liens or 1I)f~ CCrlol,cates 01 ,nOeDleO
ness representing SuCh assessment Irens ale aSSigned
10 or depOSited In such speCial lund
(4) Such assessmenl bonos or other oblrgallons IS
sued unoer thiS see lion shall Dear sucr, anlerest as tne
boa/d may determme nol 10 c..ceed a rale whiCh IS In
comphance With s 21584 and shaH be exr::culec shall
have such prOl(ISlons lor redemplton pnor to maturl1y
shall be sold In Ihe manner ana De sUO/eel 10 all 01 Ine
applicable prOVISions contained In tnlS act lor revenue
bonds, except as the same may be InconSistent With the
p/ovlSlons 01 thiS section
(5) All assessment bonOs 01 other obligallons Issued
unoer the prOVISions of thiS act. except certlllcales olin-
debledness Issued aoamsl separate lots or parcels of
land or p/operly as provlOed m In/s secllOn. shall De and
constitute and shall have all Ihe qualities and encloents
of negotiable Instruments unoer the lav, merchanl and
the laws 01 the slale
"'''0''.-' 2. cII 110-407 , 81. Cf> 81-2~S , 12. CII ~-21~
190.024 Tax liens.-Alltaxes of the dlstnct prOlllded
tor en this act, together with all penalties lor default In tne
pavment of the same and all costs en collecllng the
same. in=luding a reasonable allomey s fee fixed by \he
court and taxed as a COS1 In the acllon Drought 10 en-
force payment, Shall, tram January 1 lcr each yea: Ine
property is /table to assessment and until paid cons \I.
tute a hen 01 equal dlgnaty With Ihe hens lor st.ate and
county taxes and viher taxes of equal dlQnlty With state
and county taxes upon all the lanos agarnst whiCh suen
:axes shaJl be leI/lee A sale of any 01 the real orooerty
within tne Qlstnct lor slate and county or omer taxes
snail not operate 10 relieve or release the properly so
sold 'rom lhe hen lor suDseouent Olstrlcltaxes or IOstali.
ments 01 diStriCt taxes which hen may be enlorced
aoainst such property as thouoh no suCh sale tnereof
hac been maae The P/ovlslons.ol ss , 9~ 17 i 197 i22.
197 1~2. 197.333 197 40~ and 197 ~32 shali be 3ppir::a.
ble to district taxes With the same force and efie::t as if
suCh prOVISions were expresslY se! lorln ,n tnls a:::1.
H'l\o".-, 2. CI\. 1lC....o7 , 3:>. "n 62-22& ,. 2'J2. cr. ~-:><2
'90.025 Payment ot taxes and redemption of tax
liens by the district; sharing in proceeds 01 tax sale.-
(i) The dISHIC! has the IIQht te
(a) Pay any delmQuenl sla;~ counl)' OIStllCt mun,:::
ipal or othcr tax or assessmenl upon lanos located
, '20
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Ct'. 190
F S 19B~
COMMUNITY DEVELOPMENT D!STRICT~
wnoliy or partially wI1nln tne Douncarles 01 lrIe OlstrlCI
ana
(b) To redeem or purChaSe any taT. sales cert,f,:ates
Issued or SOld on accounl 01 any stale counl)' Ors,"el
muniCIpal or Oll1er taxes 01 assessments upon lanos 10,
calec wnolly or partlall)' wllnln lhe Dounoalles 01 .ne OIS
trlCI
(2) Delinquent taxes paid or lax sales cerllllcates
redeemed or purchased by the dlSlrlCI. logelner Wltn all
penallles lor tne aelaullln payment 01 lhe same ana all
coslS In colle:lIng lI1e same anc a reasonable atlomey s
lee shall conslllute a hen In lavor 01 Ihe distriCt of eaual
Olgf'!ly wll!'llne Iiem: of slale and county (axes anc Oll1er
laxes of eaual dlgnlly With slale and COunly laxes upon
alllhe real property against wnlCh lI1e taxes were leVied
Tne hen of Ine dlSHlcl may be loreclosed 10 Ine manner
provldeO In thiS act
(3) In any sale 01 land pursuant to s 197 .5~2 and
amenaments therelo Ihe dlSlllCt may cerllt)' 10 the Clerk
of Ihe CirCUit COurl ot the county holding SUCh sale the
amount 01 taxes due to the dlSlllct upon Ihe lanos
soughl 10 be sold and the dlstll:::1 shall snare In \he dls,
bursemenl ot Ihe sales proceedS In accoroance With Ihe
prOVISions 01 thiS aCI and under Ihe laws 01 the slale
H,.,o<)' .-1 2. eh IIO~Ol I. 203. CI\ ~-:M2
190.026 Foreclosure olliens.-Any lien in lavor 01
the dlStllC' allslng under this act may be loreclosed by
the dislriCI by foreclosure proceedings in the name 01
the distllcl in a coull 01 compe'enllUllsdic!lon as prov,d.
ed by general law In like manner as IS prOVided Ih chap,
ter 173 ana amenoments thereto' the prOVISions 01 \hat
Chapter shall be applicable to SUCh proceedings With
tne same force and ellecl as if those prOVISions were ex
pressl)' set lorth In thiS act Any acl requlfed or aulhor
Ized to be oone by or on behalf of a municipality In lore.
closure proceedings unoer chapter 173 may be per
tormed by such o:flcer or agent of the dislllct as the
board 01 supervisors may oesignate Such foreClosure
proceedings may be brougnl at any time aller the expl.
rallon 0: 1 year Irom the cate any lax, or IOslallment
thereol becomes aelinquent, however no hen snail be
foreClosed agamsl any pOlilicaJ subdivision or agency 01
the stale. Other leoal remeciles shall remain available
HII'Of') -so 2. c.n. a::.-a.c:
190.031 Mandatory use 01 certain district lacilities
end services.- i 0 the lull extent permllled oy law Ihe
dlstllcl Shall requlfe alllanos buildings premises. per
sons hrms. and corporations Within tne alstrrct to use
the waler management and controllacihlles and water
and sewer lacililles 0: the d,strrcl.
"'''0<)'.-1.2. CI\. B(,-401
190.033 Bids required.-Nc contra::: shall be leI by-
the board 10. the construchun or maintenance of any
prOJecl aul"orizeC o~' tn,s act. nor shali any gooos sup.
plies or materials be purchased when the amount
tnereol to be paid by the d,strrcl shall exceed ~5,OO~ un.
less nollce of bios shall be advertlseo once In a ne,"spc:-
~ per pubhsned In the county and in general Cllculallon In
the district, and In each case the blo of the lowes: reo
sponsible bidder shall be accepted unless all Dlds are
rejected because tne biaS are too high. ine boarC may
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reaulle me Dldders Ie lurnlsn Donc .....,t" " resDOnS,~)le
su'eh' 10 DE: approved Dy tne DoarC Nomlng If InlS !)ec
1'01' shal! preven: tne DoalC lrorr. undena 'f"\g anC1 pe'
lormma Ine conSlfuCIIOf, operallor. anC malnlenanc:e 01
any prOleCI 01 laclli!\' au1nO!lZed Dy tn,s ae oy me err.
ploymenl of laDO/ malellal ana macnlnel
"..'0" -. 2 cr, tl. ...01
190.035 Fees, rentals and chlHges procedure tor
adophon end modihca\lons minimum revenue reQulfe
menls.-
p) The dlSHICllS aulnorlzed 10 plescrl::>e II) eSla~
IISh. and collect rales lees rentalS 01 olner cnalges
nereonaller somellm':!s reieffed 10 as levenues anC 10
revise me same 110m \orne 10 lime lor 1:1E: lacllilles and
services lurnlShed oy tne dlstrlcl wllhln Ine ilmlts 01 tne
dlSlllCI. Incluoang. but nc. limned 10 recreallonal laclli
lies waler manaoement ana controllacllillCS ana walel
anc sewer svslems 10 recover tne costs 01 ma~.lng con.
neChon With' any OISlllCt tacllily or system and 10 pro.
Vice tor reasonable penallles against any user or ploper
ty lor any such rales tees renlals or olhel cnarges mal
are delinauent
(2) No such rates tees rentals or olher Charges lor
any 01 the lacilitles or services 01 Ihe alstrlct snail be
fixed until afler a pubhc hearrng al wnlcn all the users
01 the proposed lacihty or services or owners tenants
or occupants served or to be served tnereby ana all 0\11-
er Inleresled persons shall have an opponunlly 10 De
heard concerning the proposed rates tees rental~ or
other charges. Notice o[ such public healing selling
tortn the proposed scheOule or SChedules 01 rales lees
rentals and other charoes shall nave oeen publisned In
a newspaper In the CO~nlY and 01 general CirCulation In
the dlslllct at leasl once and al least 10 oays pllor 10
suCh publiC nealln~ The hearing may De adjOurned trom
time 10 lime Atter sucn healing SuCh schedule or
schedules ell her as initially proposeo or as modified or
amenoed may be finally aooPled A copy of the sChed'
ule or scheoules of su::h rates lees ren:als or cnarges
as Ilnaliy aoopled shall be keol on file 10 an 011 Ice oeslQ'
nated oy tne board anc snail be open al all reasonable
times to PUblic Inspecllon. The rates lees rentals or
cnaroes so "xed lor any class of users or property
served shall be extenaed 10 cover any addillonal users
or oroper1les tnereatler served wnlcn snail :all In Ine
same class wltnoul tne necessll)' 01 any nOllce or hear
Inc
(3) Su:::h rales lees rentals and Charges snail be
jus and equllable and unilorm lor users 01 tne same
class ano when appropllate may be based or compuled
either upon the amounl 01 service turnlshed upon tne
numoer 01 averaoe number 01 persons reSiding or work
Ina In or olherwl-se occupyln" Ihe premises serve.d or
upon any other factor al1ecll: ~ the use o~ Ine :acllalles
iurnlsnec or upon any comOlr,...lIon Oltne 10regOlng tac
lors. as may be oelermlOed b)' tne boarc on an equo "lIe
baSIS
l4) The rates lees ren1als or other charges pre.
scrlDec snail be sucn as will produce revenues IOgetrler
wltn anv olhe~ assessmenls laxes revenues or luncs
available or pleooed lor sucr, purpose at least suHlc.enl
10 prOVIde lor Ine ilems here.na1\er lis led bUl nOI neces
sarily In the oroer s:aled
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Ch. 190
COMMUNITY DEVELOPMENT DISTRICTS
r s 1989
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la) i 0 prOvlOe, lor al: e..penses 01 Operallor\ a'10
malnlenance 01 sucn laclllly 01 serv.ce
(D) To pay when due all bonds and Inlerestlhereon
lor Ine payment 01 wt'lICrl SuCh revenues ale or snail
nave Oeen pledged or encumber eo ,"cludlng leserves
tor sucn purpose and
(e) To prollloe 101 any Olher JundS wn.Ch may De reo
qUI, cd under the resolution or resolutions autt'lOflllng
t~e Issuance 01 bondS pursuant to thiS act
(5) The DoarO snail have tfle, power 10 enler .nlo con.
tracts lor It'le use ollhe prOlects of the diStrict and wltn
respecl 10 lne services and laclllhes IUfnlsned or 10 be
lurnfsned Oy lhe dlslllel
H..."" -, 2 ell if()-401
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190.036 Recovery 01 delinquent charges -In lhe
evenl Inat any lales lees renlals charoes or oehn.
ouenl Denallles snail not De paid as ana V:;;flen due and
shall be 10 delaull lor 60 days or more the unpaid bal-
ance !hereol and all rnlerest aCCrued Inerell{l. looelhel
With reasonable allorney s lees and costs may -De re-
covered by !he d'Slllcl rn a cllI,l action.
H'".."..-I. 2. en 8O~1
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190.037 Discontinuance 01 service.-In Ihe event
Ihe lees renlals or other charOes lor waler and sewer
services or either 01 Ihem. are-not paid when oue the
board shall have the power under such reasonable rules
and regula lions as the board may adopt, 10 d/sconllnue
and shut 011 both water and sewer services until SuCh
lees, rentals. or other Charges, Incluchng interest, penal.
lies and cnarges lor the shull/no ofl and drsconhnuance
and the reslOrallon 01 such water and sewer seNlces or
bO!h. are lully paid' and lor such purposes. the board
may enter on any lands waters or premises 01 any per.
son, hrm, corporallon. or bOdy pubhc or pllvate wllhln
the distrrctlimits. Such dellnquenllees, rentals, or other
Charges together with interest, penalties, and charges
lor the shutting 011 and discontinuance and the restora.
tlon 01 such services and facilllies and reasonable attor
ney s fees and otner expenses may be recovered by
toe dlstnct, whiCh may also enlorce payment 01 sucn oe.
IInQuentlees, renlals, or otner cnarges by any olner law.
lul method 01 enlorcement.
H...ory -I 2. CII. ~7 1.82. CII 61.259
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190.041 Enlorcement and penalties.- ihe beard or
any aggneved person may have recourse to such reme.
dies In law and at eQuity as may be necessary to ensure
compliance with the prOVISions 01 th,s act mCluOmo m.
lunC\lve relief to en/oan or restraan any pe;son Vlola\lng
the orOVISlons 0: thIS act or any bylaws. resolutions reg.
ulallons rules COdes, or oroers adopled undel th.s ac\.
In case any building or structure IS erected constructed
reconstructed altered repalreo. converted or mam.
tameO or any builomQ struclule land or walel .s usee
in VIolation 01 thiS act or of any cooe orde: resolution,
or other regulahon made unoer autnollty coni erred by
thiS acl or unaer law the board or any citizen residing
10 the district may Institute any appropriate aC\lon or pro-
ceeding 10 prevent sucn uniawlul erection, constructlo:').
reconstruction alteration repair conVerSion, maanle.
nance 0: use to restraan. correct, or avolO SuCh Viola.
\Ion; to prevent the occupancy 01 such bUilding struc
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""E: lano OJ ...ale' ar,O \0 ,,'even ar, ,i,ega ,,::, ~or
Ouct. OUSllless 0: use Ir, Or a::>Oul suer ~I erT,,~es Ian::
0' waler
",""" _, ( cr. &j-.07 . a.; cr. ~ \ 2~~
190.043 Suits against the dlstrict.- A.ny SUIt or ac
tlon brought or mamtalned agalns Ine O,SlflCl lor aam.
ages allslog out ot tort IOCluOlng Wl1l10ul Ilm,:al,On any
claim allsmg upon accounl 01 an ac ca.Jslng ar. :nlIJlY
or loss ot property personal Inlury or oealn snail De
subJecl 10 lne Iiml181t0nS p'Ol(IOea In s 768.28
H...ol") -, 2 cr, 1U-40'
190.044 Exemption 01 district propeny from execu.
tion.-AII O,SUICI property snail be exempt trom lell)' and
sale by IIlflue 01 an execullon and no execullon or olnel
/uOlclal process shall I~sue agcllnsl su:'n property nor
shall any luogmenl agalOsl lne OISlllCI De a Charge or
hen on lIs properly or levenues nowever notnlng con.
talned herem snail apply \0 or limit the 119nts 01 oond.
holOers 10 pursue any remeoy lor me enlorcemenl 01
any lien or pleoge given by tne dlstll:;t an connecllon
wllh any 01 lOe Donas 01 obllgal,ons 01 Ihe OISHICl
""'0').-1 2. CII 1lU-401
, 90.046 i ermination. contraction, or expansion 01
districl.-
(1) The board may petillon 10 contracl or expano the
boundalles 01 a communaly development dlstll::l pursu-
ant to S. 190.005
(2) The dlstllct snail remaan in eXistence unless
(a) Tne dIstrict is merged wlln another Olslllel as
prOVIded In subsection (3)'
(b) All 01 Ihe specihc communlly development sef
vices thaI II is autnorlzeo 10 pertolm have been \Ians
terred to a general-purpose uM of local government In
the manner provloed In subsections (~), (5), and (6): 0:
lC) The distnct is dissolved as prOVIDed In subsec
hon (7) or subsection (8).
(3) ihe diStrict may merge wilh olner community de-
velopment OIStrlCtS uoon filing a pell\lon lor es:ablisn.
menl of a community development CISIIICt pursuant \0
S 190.005 or m:.y merge wilr. any olner special dlStllCIS
upon lihng a petition tor eS1abhShment 01 a communny
oevelopment d,stnct Dursuanlto s 190.005 The govern.
mentlormed oy a merger InvOlvtng a communal\' oevel.
opmenl OISlllCt pursuant to IhlS section snail assume all
Indebteaness of ana receIve tllle 10 all property owne:::
by tne preexlsllng speCial districts Pllor to filing said DE:-
I,lI0n, tne dlSlllCIS oeslflng to merge shall enter IOta a
meroer aoreement and snail provloe to: 1ne proper alia.
cation ot. ihe Inoebtedness so assumed and the manner
in wnlcn sa.O elebl snail be rewed
(~) The local general-purpose governmenl w.lhm
the geographical oounoarles 0: which the QIStllCt lies
may aaopt a nonemergency ordinance provlOlng ior Co
plan 10: It'll' Iransfer 0: a specifiC community oevelop-
ment service \rom a diStrict to tne local general-purpose
government The plan must prov,oe lor tne assumplton
anc ouarantee 01 tne distriCt debt that IS relaled 10 tne
serv;ce by the local general-purpose, governmen an:
must demonstrate lne ability 0: tile local genera:-
purpose government to provloe such service
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s. 189404
1990 SUPPLEMENT TO FLORIO" STUUTES 1989
THE DISTRIC~:~~~~R{~iT~~~~;{L ~~;;t; ~~~VS
;~~INA~S~~SMENTS ARE IN ADDITION T? COU"'l ~
OTHER 1 AxES AND ASSESSMt:N1S PRO
AND ALL
VIDED FOR BY LAW 6
"'''OI'J -. 1~ cto II'-JfC 1 3 cn 9(,.'
s 193.116
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CHAPTER 190
COMMUNITY DEVELOPMENT DISTRICTS
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190.009 DIsclosure of public Ilnanclng.
- 190.048 Sale 01 real eSlate within a distract reqUlfed
dIsclosure 10 purchaser
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190.009 Disclosure of public financing.-
(1) The d.stl/cl shall take allJrmahve steps to provide
tor the tull disclosure 01 information relating to the public
hnancing and maintenance 01 improvements to real
properly undertaken by Ihe dlslrlCI. Such mformatlon
shall be made available 10 all existing residents, and to
all prospective reSIdents. 01 the dlStflCt. The dlstflct shall
furniSh each developer 01 a residenl,al development
within the distflct with sulliclent copies 01 that Inlorma.
hon to provide each prospective purChaser 01 property
In thai development With a copy and any developer 01
a reSIdential developmenl withlO the distflct when
reqUired by law to prOVide a pubhc ollellng statement,
shall InClude a copy of such Informahon relallng 10 the
public hnanClOg and maintenance of improvements in
the public ollellng stalement.
(2) The DiViSIon 01 Flollda Land Sales~Condomini.
ums, and MObile Homes of the Depanment 01 BUSiness
Regulation shall ensure that diSClosures made oy devel.
opers pursuant to Chapter 498 meet the reqUirements 01
SUbseCllon (1).
(3) The Deparlment 01 Community Affairs shall keep
a current list 01 districts and thell disclosures pursuanl
to tr\ls act and Shall maKe SUCh studIes and reporrs and
take sucn actions as II oeems necessary
"'"0".-1.2. CII. ec-.07 1 17 CII.81-167 . I~. CII 83.~. I. 1 CII. 8!>-60. 1
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190.048 Sale of real estate within a district;
required disclosure to purchaser -SubseQuenl to the
creation of a dlStllCt under thiS chapter eaCh contract _
for the sale of real estate within the district shall include
immediately pflC~ to the space reserved an the contract
lor the signature 01 the purChaser the follOWing state.
ment an Doldfaced and conspicuous type which IS larger
lhan Ihe type in the remaining text of the conlract. .THE
'NI"" af D'"U,Cll DISTRICT IMPOSES TAXES OR
ASSESSMENTS OR BOTH TAXES AND ASSESS
MENTS ON THIS PROPERTY THROUGH A SPECIAL
T AXING DISTRICT THESE TAXES AND ASSESSMENTS
PA Y THE CONSTRUCTION. OPERATION. AND MAINTE
NANCE COSTS OF CERTAIN PUBLIC FACILITIES OF
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