Florida Statute 170.01 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XII
MUNICIPALITIES

Chapter 170
SUPPLEMENTAL AND ALTERNATIVE METHOD OF MAKING LOCAL MUNICIPAL IMPROVEMENTS

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F.S. 170.01

170.01 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

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.

F.S. 170.01 on Google Scholar

F.S. 170.01 on Casetext

Amendments to 170.01

Arrestable Offenses / Crimes under Fla. Stat. 170.01

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 170.01.

Annotations, Discussions, Cases:

Cases Citing Statute 170.01

Total Results: 20

Rose v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-07T00:00:00-07:00

Citation: 199 So. 3d 525, 2016 Fla. App. LEXIS 13473, 2016 WL 4699099

Snippet: plea under Florida Rule of Criminal Procedure 3.170(1). The trial court may then determine whether to

Mitchell E. Fox v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2015-06-03T00:00:00-07:00

Citation: 166 So. 3d 894, 2015 Fla. App. LEXIS 8479

Snippet: pursuant to Florida Rule of Criminal Procedure 3.170(1). The trial court denied the motion on May 28, .2013…conflict-free counsel. Because appellant’s rule 3.170(1) motion to withdraw his plea was filed more than…appoint counsel to handle the motion. Rule 3.170(1) provides defendants with a narrow procedural mechanism…4th DCA 1991)). Appellant’s December 2011 rule 3.170(1) motion was therefore untimely, having been filed…sentence did not restart the clock for a rule 3.170(1) motion for two reasons. First, even if the court

In Re AMENDMENTS TO the FLORIDA RULES OF APPELLATE PROCEDURE

Court: Fla. | Date Filed: 2014-11-06T00:00:00-08:00

Citation: 183 So. 3d 245, 39 Fla. L. Weekly Supp. 665, 2014 Fla. LEXIS 3296, 2014 WL 5714099

Snippet: pursuant to Florida Rule of Criminal Procedure 3.170(1), or to vacate an order based upon the recommendations

Staples v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-10-24T00:00:00-07:00

Citation: 161 So. 3d 561, 2014 Fla. App. LEXIS 17287, 2014 WL 5853778

Snippet: ORFINGER, JJ., concur. . See Fla. R. Crim. P. 3.170(1). . See Fla. R. Crim. P. 3.850(a)(5); see also

Starling v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-04-25T00:00:00-07:00

Citation: 137 So. 3d 568, 2014 WL 1652533, 2014 Fla. App. LEXIS 6085

Snippet: erroneously treated the motion as filed under rule 3.170(1) and denied the motion as untimely because it was

Pierre v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-04-22T00:00:00-07:00

Citation: 155 So. 3d 1153, 2014 WL 1612667, 2014 Fla. App. LEXIS 5738

Snippet: pursuant to Florida Rule of Criminal Procedure 3.170(1), arguing that the trial court should have appointed…counsel to represent the appellant on his rule 3.170(1) motion. See Sheppard v. State, 17 So.3d 275, 286…followed when a represented defendant files a rule 3.170(1) motion which indicates that an adversarial relationship

In re Amendments to the Florida Rules of Criminal Procedure & the Florida Rules of Appellate Procedure

Court: Fla. | Date Filed: 2013-12-05T00:00:00-08:00

Citation: 132 So. 3d 734, 38 Fla. L. Weekly Supp. 884, 2013 Fla. LEXIS 2638, 2013 WL 6331351

Snippet: decision to reject the proposed deletion of rule 3.170(1). On balance, I believe it would be more consistent

In re Amendments to the Florida Rules of Criminal Procedure & the Florida Rules of Appellate Procedure

Court: Fla. | Date Filed: 2013-04-18T00:00:00-07:00

Citation: 112 So. 3d 1234, 38 Fla. L. Weekly Supp. 247, 2013 WL 1666737, 2013 Fla. LEXIS 710

Snippet: postconviction rules and the deletion of rule 3.170(1). As explained in the joint petition, the proposed…the Subcommittee recommend the deletion of rule 3.170(1), which allows a defendant to file a motion to withdraw…and 9.141. Because we decline to eliminate rule 3.170(1) as explained below, we also decline to adopt the

Hamil v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-01-16T00:00:00-08:00

Citation: 106 So. 3d 495, 2013 WL 163459, 2013 Fla. App. LEXIS 572

Snippet: pursuant to Florida Rule of Criminal Procedure 3.170(1). The court held an evidentiary hearing on the motion

Pagan v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-11-14T00:00:00-08:00

Citation: 110 So. 3d 3, 2012 WL 5499990

Snippet: representation on a motion under rule 3.850, since rule 3.170(1) is a critical stage of proceedings prior to direct…ineffectiveness concerned his representation on a rule 3.170(1) motion, not on a rule 3.850 motion. Thus its ruling…accepted the State’s offer to resolve his rule 3.170(1) motion. We have held that “a defendant can waive

Balzer v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-19T00:00:00-07:00

Citation: 100 So. 3d 173, 2012 Fla. App. LEXIS 18276, 2012 WL 5076103

Snippet: stemmed from the court’s election to deny Balzer’s 8.170(1) motion “without prejudice” rather than to withhold…9.020(h) specifically provides that if a rule 3.170(1) motion is filed after a defendant is sentenced,…files a notice of appeal after he files a rule 3.170(1) motion, “the notice of appeal shall be treated …December 2010 order did not dispose of Balzer’s rule 3.170(1) motion. Accordingly, rendition of his judgment …directions to allow Balzer to proceed with his rule 3.170(1) motion. Appeal dismissed as premature. SILBERMAN

In re Amendments to the Florida Rules of Civil Procedure

Court: Fla. | Date Filed: 2012-10-18T00:00:00-07:00

Citation: 102 So. 3d 451, 37 Fla. L. Weekly Supp. 638, 2012 Fla. LEXIS 2063, 2012 WL 4936363

Snippet: pursuant to Florida Rule of Criminal Procedure 3.170(1), or to vacate an order based upon the recommendations

Day v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-09-05T00:00:00-07:00

Citation: 96 So. 3d 1090, 2012 WL 3822138, 2012 Fla. App. LEXIS 14845

Snippet: Fla.2009). Florida Rule of Criminal Procedure 3.170(1) requires that a motion to withdraw plea after sentencing

Landell v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-05-16T00:00:00-07:00

Citation: 88 So. 3d 413, 2012 WL 1697058, 2012 Fla. App. LEXIS 7834

Snippet: was premature because it was filed while a Rule 3.170(1) motion to vacate plea was pending and before the

Escobar v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-06-29T00:00:00-07:00

Citation: 126 So. 3d 277, 2011 Fla. App. LEXIS 10183, 2011 WL 2555711

Snippet: pursuant to Florida Rule of Criminal Procedure 3.170(1), on the grounds he failed to understand the specific

Johnson v. State

Court: Fla. | Date Filed: 2011-04-21T00:00:00-07:00

Citation: 60 So. 3d 1045, 2011 WL 1496466

Snippet: and ruled upon.”). Unlike rule 3.800(a), rules 3.170(1) and 3.850(a)(5) do not require the defendant to…apparent on the face of the record. Neither rule 3.170(1) nor rule 3.850(a)(5), however, would afford relief

Creek v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-04-06T00:00:00-07:00

Citation: 82 So. 3d 840, 2011 Fla. App. LEXIS 4766, 2011 WL 1261134

Snippet: pursuant to Florida Rule of Criminal Procedure 3.170(1). The motion alleged that, after sentencing, the

Ft. Myers Real Estate Holdings, LLC v. Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering

Court: Fla. Dist. Ct. App. | Date Filed: 2011-02-07T00:00:00-08:00

Citation: 53 So. 3d 1158, 2011 Fla. App. LEXIS 1428, 2011 WL 362416

Snippet: and the Seminole Tribe of Florida. See Ch. 2009-170, §§ 1-3, Laws of Fla. The bill also amended certain

Morris v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-11-10T00:00:00-08:00

Citation: 48 So. 3d 911, 2010 Fla. App. LEXIS 17292, 2010 WL 4489942

Snippet: pursuant to Florida Rules of Criminal Procedure 3.170(1) and 8.850. CASANUEVA, C.J., and NORTHCUTT and LaROSE

Reeves v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-12-30T00:00:00-08:00

Citation: 23 So. 3d 1263, 2009 Fla. App. LEXIS 20399, 2009 WL 5126522

Snippet: violation of the plea agreement pursuant to Rule 3.170(1), Fla. R.Crim. P., and Rule 9.140(b)(2)(A)(ii)(b