Florida Statute 170.201 | 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. 170.201

170.201 Special assessments.—

(1) In addition to other lawful authority to levy and collect special assessments, the governing body of a municipality may levy and collect special assessments to fund capital improvements and municipal services, including, but not limited to, fire protection, emergency medical services, garbage disposal, sewer improvement, street improvement, and parking facilities. Without limiting the foregoing, a municipality that has a population of fewer than 100 persons for the previous year’s taxing year may also levy and collect special assessments to fund special security and crime prevention services and facilities, including guard and gatehouse facilities for the current taxing year. However, if prior to the levy of the assessment, the cost of the services and facilities are funded by ad valorem taxes, the taxes shall be abated annually thereafter, in an amount equal to the full amount of the special assessment. The governing body of a municipality may apportion costs of such special assessments based on:

(a) The front or square footage of each parcel of land; or

(b) An alternative methodology, so long as the amount of the assessment for each parcel of land is not in excess of the proportional benefits as compared to other assessments on other parcels of land.

(2) Property owned or occupied by a religious institution and used as a place of worship or education; by a public or private elementary, middle, or high school; or by a governmentally financed, insured, or subsidized housing facility that is used primarily for persons who are elderly or disabled shall be exempt from any special assessment levied by a municipality to fund any service if the municipality so desires. As used in this subsection, the term “religious institution” means any church, synagogue, or other established physical place for worship at which nonprofit religious services and activities are regularly conducted and carried on and the term “governmentally financed, insured, or subsidized housing facility” means a facility that is financed by a mortgage loan made or insured by the United States Department of Housing and Urban Development under s. 8, s. 202, s. 221(d)(3) or (4), s. 232, or s. 236 of the National Housing Act and is owned or operated by an entity that qualifies as an exempt charitable organization under s. 501(c)(3) of the Internal Revenue Code.

History.—s. 30, ch. 96-324; s. 1, ch. 97-110; s. 5, ch. 98-167; s. 14, ch. 99-378; s. 26, ch. 2011-144.

F.S. 170.201 on Google Scholar

F.S. 170.201 on Casetext

Amendments to 170.201

Arrestable Offenses / Crimes under Fla. Stat. 170.201

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 170.201.

Annotations, Discussions, Cases:

Cases Citing Statute 170.201

Total Results: 8

Indian Creek Country Club, Inc. v. Indian Creek Village

Court: District Court of Appeal of Florida | Date Filed: 2017-01-18

Citation: 211 So. 3d 230, 2017 WL 192013, 2017 Fla. App. LEXIS 452

Snippet: including guard and gatehouse facilities.” § 170.201(1) Fla. Stat. (2011). This amendment was added

Florida Bar v. Adorno

Court: Supreme Court of Florida | Date Filed: 2011-04-21

Citation: 60 So. 3d 1016, 36 Fla. L. Weekly Supp. 174, 2011 Fla. LEXIS 952, 2011 WL 1496478

Snippet: Number 11584 and the unconstitutionality of section 170.201. The trial court held the ordinance invalid to

Ago

Court: Florida Attorney General Reports | Date Filed: 2008-09-24

Snippet: special assessments, given the provisions in section 170.201, Florida Statutes. That section states: "(1) In

Masztal v. City of Miami

Court: District Court of Appeal of Florida | Date Filed: 2007-08-08

Citation: 971 So. 2d 803

Snippet: collected. They also sought to declare section 170.201, Florida Statutes, unconstitutional, to the extent

Remington Comm. v. Education Foundation

Court: District Court of Appeal of Florida | Date Filed: 2006-11-03

Citation: 941 So. 2d 15, 2006 WL 2347005

Snippet: model of legislative clarity by any means. Section 170.201(2), Florida Statutes (2005), states that "property

Ago

Court: Florida Attorney General Reports | Date Filed: 2001-10-03

Snippet: " 2 Section 170.01(2), Fla. Stat. And see, s. 170.201, Fla. Stat., providing additional authority for

SMM Properties, Inc. v. City of North Lauderdale

Court: District Court of Appeal of Florida | Date Filed: 2000-06-14

Citation: 760 So. 2d 998, 2000 WL 763620

Snippet: we reject the City's contention that section 170.201, Florida Statutes (1997), requires that the assessment

Ago

Court: Florida Attorney General Reports | Date Filed: 1998-09-18

Snippet: substantially the following question: Does section 170.201, Florida Statutes, authorizing the imposition of