Florida Statute 189.012 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XIII
PLANNING AND DEVELOPMENT

Chapter 189
UNIFORM SPECIAL DISTRICT ACCOUNTABILITY ACT

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F.S. 189.012

189.012 Definitions.—As used in this chapter, the term:

(1) “Department” means the Department of Commerce.

(2) “Dependent special district” means a special district that meets at least one of the following criteria:

(a) The membership of its governing body is identical to that of the governing body of a single county or a single municipality.

(b) All members of its governing body are appointed by the governing body of a single county or a single municipality.

(c) During their unexpired terms, members of the special district’s governing body are subject to removal at will by the governing body of a single county or a single municipality.

(d) The district has a budget that requires approval through an affirmative vote or can be vetoed by the governing body of a single county or a single municipality.

This subsection is for purposes of definition only. Nothing in this subsection confers additional authority upon local governments not otherwise authorized by the provisions of the special acts or general acts of local application creating each special district, as amended.

(3) “Independent special district” means a special district that is not a dependent special district as defined in subsection (2). A district that includes more than one county is an independent special district unless the district lies wholly within the boundaries of a single municipality.

(4) “Local governing authority” means the governing body of a unit of local general-purpose government. However, if the special district is a political subdivision of a municipality, “local governing authority” means the municipality.

(5) “Public facilities” means major capital improvements, including, but not limited to, transportation facilities, sanitary sewer facilities, solid waste facilities, water management and control facilities, potable water facilities, alternative water systems, educational facilities, parks and recreational facilities, health systems and facilities, and, except for spoil disposal by those ports listed in s. 311.09(1), spoil disposal sites for maintenance dredging in waters of the state.

(6) “Special district” means a unit of local government created for a special purpose, as opposed to a general purpose, which has jurisdiction to operate within a limited geographic boundary and is created by general law, special act, local ordinance, or by rule of the Governor and Cabinet. The term does not include a school district, a community college district, a special improvement district created pursuant to s. 285.17, a municipal service taxing or benefit unit as specified in s. 125.01, or a board which provides electrical service and which is a political subdivision of a municipality or is part of a municipality.

(7) “Water management district” for purposes of this chapter means a special taxing district which is a regional water management district created and operated pursuant to chapter 373 or chapter 61-691, Laws of Florida, or a flood control district created and operated pursuant to chapter 25270, Laws of Florida, 1949, as modified by s. 373.149.

History.—s. 3, ch. 89-169; s. 1, ch. 92-314; s. 4, ch. 97-255; s. 64, ch. 2011-142; s. 10, ch. 2014-22; s. 39, ch. 2024-6.

Note.—Former s. 189.403.

F.S. 189.012 on Google Scholar

F.S. 189.012 on Casetext

Amendments to 189.012

Arrestable Offenses / Crimes under Fla. Stat. 189.012

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 189.012.

Annotations, Discussions, Cases:

Cases Citing Statute 189.012

Total Results: 6

Alachua County, etc. v. Clovis Watson, Jr., etc.

Court: Fla. | Date Filed: 2022-01-26T23:53:00-08:00

Snippet: ordinance, or by rule of the Governor and Cabinet.” § 189.012(6), Fla. Stat. (2020).

Halifax Hospital Medical Center, etc. v. State of Florida

Court: Fla. | Date Filed: 2019-04-18T00:53:00-07:00

Snippet: or by rule of the Governor and Cabinet.” Id. § 189.012(6) (emphasis added). Because the very essence …operation within “a limited geographic boundary,” § 189.012(6), that inescapably becomes the default authority…activities serve its stated purpose, see, e.g., § 189.012(6), but also, the bounds of Halifax’s authority

White v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1987-01-29T00:00:00-08:00

Citation: 501 So. 2d 189, 12 Fla. L. Weekly 391, 1987 Fla. App. LEXIS 6498

Snippet: Dauksch, Only, Orfinger 29 January 1987 501 So. 2d 189, 12 Fla. L. Weekly 391, 1987 Fla. App. LEXIS 6498

Hyer v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1987-01-28T00:00:00-08:00

Citation: 501 So. 2d 189, 12 Fla. L. Weekly 412, 1987 Fla. App. LEXIS 6535

Snippet: , Lehan, Schoonover 28 January 1987 501 So. 2d 189, 12 Fla. L. Weekly 412, 1987 Fla. App. LEXIS 6535

Kingston v. Quimby

Court: Fla. | Date Filed: 1955-05-20T00:53:00-07:00

Citation: 80 So. 2d 455

Snippet: Insurance Co. of America v. Shumaker, 178 Md. 189, 12 A.2d 618; Smith v. Brooks, 154 Neb. 93, 47 N.W.2d

General Motors Acceptance Corp. v. State

Court: Fla. | Date Filed: 1943-01-22T00:00:00-07:00

Citation: 11 So. 2d 482, 152 Fla. 297, 1943 Fla. LEXIS 898

Snippet: General Motors Acceptance Corp. v. State, 118 Tex. 189,12 S.W.2d 968, involved a similar statute. The company