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The 2025 Florida Statutes
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F.S. 170.01170.01 Authority for providing improvements and levying and collecting special assessments against property benefited.—(1) Any municipality of this state may, by its governing authority:(a) Provide for the construction, reconstruction, repair, paving, repaving, hard surfacing, rehard surfacing, widening, guttering, and draining of streets, boulevards, and alleys; for grading, regrading, leveling, laying, relaying, paving, repaving, hard surfacing, and rehard surfacing of sidewalks; for constructing or reconstructing permanent pedestrian canopies over public sidewalks; and in connection with any of the foregoing, provide related lighting, landscaping, street furniture, signage, and other amenities as determined by the governing authority of the municipality; (b) Order the construction, reconstruction, repair, renovation, excavation, grading, stabilization, and upgrading of greenbelts, swales, culverts, sanitary sewers, storm sewers, outfalls, canals, primary, secondary, and tertiary drains, water bodies, marshlands, and natural areas, all or part of a comprehensive stormwater management system, including the necessary appurtenances and structures thereto and including, but not limited to, dams, weirs, and pumps; (c) Order the construction or reconstruction of water mains, water laterals, alternative water supply systems, including, but not limited to, reclaimed water, aquifer storage and recovery, and desalination systems, and other water distribution facilities, including the necessary appurtenances thereto; (d) Pay for the relocation of utilities, including the placement underground of electrical, telephone, and cable television services, pursuant to voluntary agreement with the utility, but nothing contained in this paragraph shall affect a utility’s right to locate or relocate its facilities on its own initiative at its own expense; (e) Provide for the construction or reconstruction of parks and other public recreational facilities and improvements, including appurtenances thereto; (f) Provide for the construction or reconstruction of seawalls; (g) Provide for the drainage and reclamation of wet, low, or overflowed lands; (h) Provide for offstreet parking facilities, parking garages, or similar facilities; (i) Provide for mass transportation systems; (j) Provide for improvements to permit the passage and navigation of watercraft; and (k) Provide for the payment of all or any part of the costs of any such improvements by levying and collecting special assessments on the abutting, adjoining, contiguous, or other specially benefited property. However, offstreet parking facilities, parking garages, or other similar facilities and mass transportation systems must be approved by vote of a majority of the affected property owners. Any municipality which is legally obligated for providing capital improvements for water, alternative water supplies, including, but not limited to, reclaimed water, water from aquifer storage and recovery, and desalination systems, or sewer facilities within an unincorporated area of the county may recover the costs of the capital improvements by levying and collecting special assessments for the purposes authorized in this section on the specially benefited property; however, collections of the special assessment shall not take place until the specially benefited property connects to the capital improvement. (2) Special assessments may be levied only for the purposes enumerated in this section and shall be levied only on benefited real property at a rate of assessment based on the special benefit accruing to such property from such improvements when the improvements funded by the special assessment provide a benefit which is different in type or degree from benefits provided to the community as a whole. (3) Any municipality, subject to the approval of a majority of the affected property owners, may levy and collect special assessments against property benefited for the purpose of stabilizing and improving:(a) Retail business districts, (b) Wholesale business districts, or (c) Nationally recognized historic districts, or any combination of such districts, through promotion, management, marketing, and other similar services in such districts of the municipality. This subsection does not authorize a municipality to use bond proceeds to fund ongoing operations of these districts. (4) Notwithstanding any other provision of law, a municipality may not levy special assessments for the provision of fire protection services on lands classified as agricultural lands under s. 193.461 unless the land contains a residential dwelling or nonresidential farm building, with the exception of an agricultural pole barn, provided the nonresidential farm building exceeds a just value of $10,000. Such special assessments must be based solely on the special benefit accruing to that portion of the land consisting of the residential dwelling and curtilage, and qualifying nonresidential farm buildings. As used in this subsection, the term “agricultural pole barn” means a nonresidential farm building in which 70 percent or more of the perimeter walls are permanently open and allow free ingress and egress. History.—s. 1, ch. 9298, 1923; CGL 3022; s. 1, ch. 59-396; s. 1, ch. 67-552; s. 1, ch. 78-360; s. 32, ch. 79-164; s. 1, ch. 82-198; s. 32, ch. 83-204; s. 1, ch. 83-337; s. 1, ch. 87-103; s. 39, ch. 91-45; s. 1, ch. 92-156; s. 2, ch. 94-344; s. 4, ch. 95-323; s. 2, ch. 2016-89.
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Annotations, Discussions, Cases:
Cases Citing Statute 170.01
Total Results: 30
329 So. 2d 314, 1976 Fla. LEXIS 4301
Supreme Court of Florida | Filed: Feb 25, 1976 | Docket: 1251225
Cited 89 times | Published
means of financing sewer construction. Fla. Stat. § 170.01 (1973). The fees in controversy here are not special
695 So. 2d 667, 22 Fla. L. Weekly Supp. 231, 1997 Fla. LEXIS 590, 1997 WL 217408
Supreme Court of Florida | Filed: May 1, 1997 | Docket: 568323
Cited 21 times | Published
district court obtained this language from section 170.01(2), Florida Statutes (1995), which governs
776 So. 2d 255, 2001 WL 23107
Supreme Court of Florida | Filed: Jan 11, 2001 | Docket: 480061
Cited 8 times | Published
basis for special assessments. See, e.g., section § 170.01(1), Fla. Stat. (1999) (authorizing municipalities
192 So. 2d 766, 1966 Fla. LEXIS 3179
Supreme Court of Florida | Filed: Dec 14, 1966 | Docket: 1262395
Cited 8 times | Published
amendment.
Examination of the amendment to Section 170.01 amply illustrates the intent of the Legislature
693 So. 2d 945
Supreme Court of Florida | Filed: Mar 20, 1997 | Docket: 1524491
Cited 7 times | Published
benefits provided the community as a whole. Cf. § 170.01(2) (Fla.Stat.1995). We appreciate the point made
673 So. 2d 135, 1996 WL 237385
District Court of Appeal of Florida | Filed: May 10, 1996 | Docket: 1671432
Cited 7 times | Published
benefits provided the community as a whole. Cf. § 170.01(2) (Fla.Stat.1995). We appreciate the point made
237 So. 2d 318
District Court of Appeal of Florida | Filed: Jun 9, 1970 | Docket: 1726612
Cited 7 times | Published
alone was of no probative value. F.S. 1967, Section 170.01, F.S.A. expressly provides that the entire
293 B.R. 531, 16 Fla. L. Weekly Fed. B 137, 50 Collier Bankr. Cas. 2d 1274, 2003 Bankr. LEXIS 526, 2003 WL 21289984
United States Bankruptcy Court, M.D. Florida | Filed: May 2, 2003 | Docket: 1860068
Cited 2 times | Published
In this connection, the Debtor cites Fla. Stat. § 170.01(1)(k), which provides in essence that no collection
41 F.3d 619, 1995 WL 303
Court of Appeals for the Eleventh Circuit | Filed: Jan 3, 1995 | Docket: 64019211
Cited 2 times | Published
payment for those improvements.
Florida Statutes § 170.01 (1993) provides that a municipality may provide
579 So. 2d 320, 1991 WL 72089
District Court of Appeal of Florida | Filed: May 9, 1991 | Docket: 1728840
Cited 2 times | Published
boulevards and alleys" is authorized by Florida Statute 170.01(1)(a). The question is whether the assessed
99 So. 2d 861
Supreme Court of Florida | Filed: Dec 20, 1957 | Docket: 1753672
Cited 2 times | Published
although the word "widen" is not used in F.S. § 170.01, F.S.A., the grant of authority to levy special
941 So. 2d 15, 2006 WL 2347005
District Court of Appeal of Florida | Filed: Nov 3, 2006 | Docket: 431798
Cited 1 times | Published
alterius to list of statutory exclusions).
[4] Section 170.01, Florida Statutes (2005), authorizes special
Court of Appeals for the Eleventh Circuit | Filed: Feb 22, 2021 | Docket: 59672951
Published
to the community as a whole.
Fla. Stat. § 170.01.
Florida Attorney General Reports | Filed: Jan 3, 2002 | Docket: 3255475
Published
benefitted by such improvements as provided in section 170.01(1)(a), Florida Statutes. Thus, while the Town
Florida Attorney General Reports | Filed: Nov 30, 2001 | Docket: 3258662
Published
Johns County may be the projects detailed in section 170.01(1)(d), Florida Statutes, which provides that
Florida Attorney General Reports | Filed: Oct 3, 2001 | Docket: 3256327
Published
be levied only for the purposes set forth in section 170.01, Florida Statutes, and only "on benefited real
Florida Attorney General Reports | Filed: Jun 22, 2000 | Docket: 3256470
Published
benefitted by such improvements, pursuant to section 170.01(1)(a), Florida Statutes. Thus, while municipal
Florida Attorney General Reports | Filed: May 11, 1999 | Docket: 3257016
Published
such improvement through special assessments. Section 170.01, Florida Statutes, authorizes the governing
Florida Attorney General Reports | Filed: Oct 13, 1994 | Docket: 3257680
Published
special assessments be levied and collected under section 170.01, Florida Statutes, for ongoing repair and maintenance
603 So. 2d 1357, 1992 Fla. App. LEXIS 9161, 1992 WL 197776
District Court of Appeal of Florida | Filed: Aug 18, 1992 | Docket: 64669405
Published
special assessment cases, and points out that section 170.01(l)(g), Florida Statutes (1989), expressly allows
Florida Attorney General Reports | Filed: Mar 19, 1992 | Docket: 3256270
Published
method of making local municipal improvements. Section 170.01(1), F.S., states that a municipality may:
Florida Attorney General Reports | Filed: Feb 12, 1992 | Docket: 3256504
Published
transportation systems, s. 170.01(1)(f), F.S.
7 Section 170.01(2), F.S.
8 And see, s. 170.02, F.S., which
Florida Attorney General Reports | Filed: Apr 26, 1991 | Docket: 3259004
Published
added by s. 9, Ch. 89-268, Laws of Florida.
8 Section 170.01, F.S. The improvements authorized by this chapter
Florida Attorney General Reports | Filed: Jul 10, 1990 | Docket: 3258321
Published
manner or method prescribed by the Legislature.8
Section 170.01(1)(a), F.S., authorizes "[a]ny municipality
Florida Attorney General Reports | Filed: Aug 4, 1988 | Docket: 3258645
Published
therefor, a special assessment cannot be imposed.5
Section 170.01(1), F.S., provides in part that:
Any municipality
Florida Attorney General Reports | Filed: Jan 22, 1986 | Docket: 3256009
Published
certain enumerated local municipal improvements. Section 170.01(1)(b) and (g), F.S., provides in pertinent
Florida Attorney General Reports | Filed: May 8, 1984 | Docket: 3256558
Published
compare, s 125.01(1)(r), F.S. with Ch. 170, F.S.
Section 170.01(1)(b) as amended by Ch. 83-204, Laws of Florida
411 So. 2d 976, 1982 Fla. App. LEXIS 19664
District Court of Appeal of Florida | Filed: Mar 30, 1982 | Docket: 64588881
Published
the entry of summary judgment, we reverse.
Section 170.01, Florida Statutes (1975) provides that cities
Florida Attorney General Reports | Filed: Feb 23, 1982 | Docket: 3256594
Published
firefighting equipment to be used for such structures. Section 170.01 states that a municipality may, by its governing
131 So. 2d 747, 1961 Fla. App. LEXIS 2817
District Court of Appeal of Florida | Filed: Jun 29, 1961 | Docket: 60197906
Published
determine to make any public improvement authorized by § 170.01 and defray the whole or any part of the expense
