The 2023 Florida Statutes (including Special Session C)

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 from cite.case.law:

INDIAN CREEK COUNTRY CLUB, INC. v. INDIAN CREEK VILLAGE,, 211 So. 3d 230 (Fla. Dist. Ct. App. 2017)

. . . .” § 170.201(1) Fla. Stat. (2011). . . . THE 2010 AMENDMENT TO SECTION 170.201 FLORIDA STATUTES (2011) We review the trial court’s conclusions . . . of law on the issue of the single-subject rule and the 2011 amendment to section 170.201 de novo. . . . We affirm the trial court’s determination that the 2011 amendment to section 170.201 was constitutional . . . The Club asks this Court to find the 2011 legislative amendment to section 170.201 violated the single . . .

THE FLORIDA BAR, v. ADORNO,, 60 So. 3d 1016 (Fla. 2011)

. . . summary judgment on the invalidity of Ordinance Number 11584 and the unconstitutionality of section 170.201 . . . authorized the City to impose a special assessment for emergency medical services, and it declared section 170.201 . . .

L. MASZTAL, A. v. CITY OF MIAMI,, 971 So. 2d 803 (Fla. Dist. Ct. App. 2007)

. . . They also sought to declare section 170.201, Florida Statutes, unconstitutional, to the extent that it . . . summary judgment on the invalidity of Ordinance Number 11584 and the unconstitutionality of section 170.201 . . . authorized the City to impose a special assessment for emergency medical services, and it declared section 170.201 . . .

REMINGTON COMMUNITY DEVELOPMENT DISTRICT, v. EDUCATION FOUNDATION OF OSCEOLA, ETC., 941 So. 2d 15 (Fla. Dist. Ct. App. 2006)

. . . Section 170.201(2), Florida Statutes (2005), states that “property owned or occupied by a ... school . . .

SMM PROPERTIES, INC. M. H. II, d b a MRG v. CITY OF NORTH LAUDERDALE,, 760 So. 2d 998 (Fla. Dist. Ct. App. 2000)

. . . Lastly, we reject the City’s contention that section 170.201, Florida Statutes (1997), requires that . . . Section 170.201(1) provides in part that “[i]n addition to other lawful authority to levy and collect . . . Section 170.201 may not be properly applied to salvage the assessment for emergency medical services . . .