Florida Statute 190.002 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XIII
PLANNING AND DEVELOPMENT

Chapter 190
COMMUNITY DEVELOPMENT DISTRICTS

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F.S. 190.002

190.002 Legislative findings, policies, and intent.—

(1) The Legislature finds that:

(a) There is a need for uniform, focused, and fair procedures in state law to provide a reasonable alternative for the establishment, power, operation, and duration of independent districts to manage and finance basic community development services; and that, based upon a proper and fair determination of applicable facts, an independent district can constitute a timely, efficient, effective, responsive, and economic way to deliver these basic services, thereby providing a solution to the state’s planning, management, and financing needs for delivery of capital infrastructure in order to service projected growth without overburdening other governments and their taxpayers.

(b) It is in the public interest that any independent special district created pursuant to state law not outlive its usefulness and that the operation of such a district and the exercise by the district of its powers be consistent with applicable due process, disclosure, accountability, ethics, and government-in-the-sunshine requirements which apply both to governmental entities and to their elected and appointed officials.

(c) It is in the public interest that long-range planning, management, and financing and long-term maintenance, upkeep, and operation of basic services for community development districts be under one coordinated entity.

(2) It is the policy of this state:

(a) That the needless and indiscriminate proliferation, duplication, and fragmentation of local general-purpose government services by independent districts is not in the public interest.

(b) That independent districts are a legitimate alternative method available for use by the private and public sectors, as authorized by state law, to manage and finance basic services for community developments.

(c) That the exercise by any independent district of its powers as set forth by uniform general law comply with all applicable governmental laws, rules, regulations, and policies governing planning and permitting of the development to be serviced by the district, to ensure that neither the establishment nor operation of such district is a development order under chapter 380 and that the district so established does not have any zoning or permitting powers governing development.

(d) That the process of establishing such a district pursuant to uniform general law be fair and based only on factors material to managing and financing the service delivery function of the district, so that any matter concerning permitting or planning of the development is not material or relevant.

(3) It is the legislative intent and purpose, based upon, and consistent with, its findings of fact and declarations of policy, to authorize a uniform procedure by general law to establish an independent special district as an alternative method to manage and finance basic services for community development. It is further the legislative intent and purpose to provide by general law for the uniform operation, exercise of power, and procedure for termination of any such independent district. It is further the purpose and intent of the Legislature that a district created under this chapter not have or exercise any zoning or development permitting power, that the establishment of the independent community development district as provided in this act not be a development order within the meaning of chapter 380, and that all applicable planning and permitting laws, rules, regulations, and policies control the development of the land to be serviced by the district. It is further the purpose and intent of the Legislature that no debt or obligation of a district constitute a burden on any local general-purpose government without its consent.

History.—s. 2, ch. 80-407; s. 1, ch. 84-360.

F.S. 190.002 on Google Scholar

F.S. 190.002 on Casetext

Amendments to 190.002

Arrestable Offenses / Crimes under Fla. Stat. 190.002

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 190.002.

Annotations, Discussions, Cases:

Cases Citing Statute 190.002

Total Results: 20

JOSE RAMON NIEVES RIVERA v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-03-11

Snippet: or after the statute’s effective date.” Id. at 190. 2 This court has concluded that section 776

Arrington v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-01-18

Citation: 113 So. 3d 20, 2012 WL 130276, 2012 Fla. App. LEXIS 536

Snippet: imprisonment from twenty-five years to life. §§ 189, 190.2, 190.5, 1170.17, 1170.19, Cal.Penal Code (2011)

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Court: Florida Attorney General Reports | Date Filed: 2009-09-15

Snippet: providing the short title of the act. 2 Section 190.002(1)(a), Fla. Stat. And see State v. FrontierAcres

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

Snippet: floridaspecialdistricts.org. 2 Section 190.002(1)(a), Fla. Stat. 3 Section 190.002(1)(b), Fla. Stat. 4 Section 190

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Court: Florida Attorney General Reports | Date Filed: 2008-01-17

Snippet: provides the short title for the act. 4 Section 190.002(1)(a), Fla. Stat. 5 Sections 190.004(1) and 190

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Court: Florida Attorney General Reports | Date Filed: 2007-11-21

Snippet: providing the short title of the act. 3 Section 190.002(1)(a), Fla. Stat. And see State v. Frontier AcresCommunity

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Court: Florida Attorney General Reports | Date Filed: 2007-01-26

Snippet: title of the act. 2 Section 190.002(1)(a), Fla. Stat. 3 Section 190.002(1)(a), Fla. Stat., and see State

State v. Coleman

Court: District Court of Appeal of Florida | Date Filed: 2006-09-25

Citation: 937 So. 2d 1226, 2006 WL 2714277

Snippet: pursuant to Florida Rule of Criminal Procedure 3.190[2] arguing that the application of section 827.03(1)(a)

State v. Williams

Court: District Court of Appeal of Florida | Date Filed: 2006-01-18

Citation: 918 So. 2d 400, 2006 WL 120155

Snippet: dismiss the escape charge. See Fla. R.Crim. P. 3.190. [2] Williams was in a work release program administered

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Court: Florida Attorney General Reports | Date Filed: 2004-11-23

Snippet: of community development districts. As section 190.002(3), Florida Statutes, makes clear, the act is intended

Hernandez v. Trout Creek Development Corp.

Court: District Court of Appeal of Florida | Date Filed: 2000-04-12

Citation: 779 So. 2d 360, 2000 Fla. App. LEXIS 4221, 2000 WL 367744

Snippet: finance basic services for community development.” § 190.002(3), Fla. Stat. (1997). For example, under section

Le Credit Lyonnais, SA v. Nadd

Court: District Court of Appeal of Florida | Date Filed: 1999-09-10

Citation: 741 So. 2d 1165, 1999 WL 729066

Snippet: 267 Ill.App.3d 253, 204 Ill.Dec. 728, 642 N.E.2d 190 (2 Dist.1994) (foreign judgment filed under UEFJA

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Court: Florida Attorney General Reports | Date Filed: 1996-09-05

Snippet: Section 190.001, Fla. Stat. (1995). 4 Section 190.002(1)(a), Fla. Stat. (1995). 5 Section 190.012(1)(a)-(e)

Wood v. Fraser

Court: District Court of Appeal of Florida | Date Filed: 1996-06-14

Citation: 677 So. 2d 15, 1996 WL 324987

Snippet: the terms are often used interchangeably." Id. at 190.[2] We concluded, therefore, that the "`statute of

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Court: Florida Attorney General Reports | Date Filed: 1995-09-28

Snippet: general-purpose unit of government). 12 Section 190.002(2)(b), Fla. Stat. 13 Compare, s, 196.192, Fla.

Neal v. Neal

Court: District Court of Appeal of Florida | Date Filed: 1994-05-03

Citation: 636 So. 2d 810, 1994 WL 160124

Snippet: comply with Florida Rule of Civil Procedure 1.190; (2) the trial court's grant of the husband's motion

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Court: Florida Attorney General Reports | Date Filed: 1989-05-01

Snippet: functional or geographic subdivisions. Compare, s. 163.190(2), F.S. 1973, which contained substantially the same

State v. FRONTIER ACRES COMMUNITY DEVELOP. DIST. PASCO COUNTY

Court: Supreme Court of Florida | Date Filed: 1985-06-20

Citation: 472 So. 2d 455, 10 Fla. L. Weekly 330

Snippet: legislative intent and purpose set forth in section 190.002, Florida Statutes (Supp. 1984), evidence the narrow

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Court: Florida Attorney General Reports | Date Filed: 1985-03-26

Snippet: Accord: AGO's 69-49, 71-324, 73-47, 84-72. Section 190.002(3), F.S. (1984 Supp.), states that it is the legislative

Zedeck v. Indian Trace Community Dev. Dist.

Court: Supreme Court of Florida | Date Filed: 1983-01-27

Citation: 428 So. 2d 647, 1983 Fla. LEXIS 2312

Snippet: development districts to implement those purposes. §§ 190.002, 190.011, 190.012, 190.016. A legislative declaration