190.002
Legislative findings, policies, and intent.
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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.
Notes of Decisions
Cited in 3
cases, 1983–2000 · leading case: State v. FRONTIER ACRES COMMUNITY DEVELOP. DIST. PASCO COUNTY
State v. FRONTIER ACRES COMMUNITY DEVELOP. DIST. PASCO COUNTY (1985)
“In the present case, the legislative intent and purpose set forth in section 190.002, Florida Statutes (Supp. 1984), evidence the narrow objective underlying the creation of such districts.”
Zedeck v. Indian Trace Community Dev. Dist. (1983)
“§§ 190.002, 190.011, 190.012, 190.016. A legislative declaration of public purpose is presumed valid and should be considered correct unless patently erroneous.”
Hernandez v. Trout Creek Development Corp. (2000)
“” § 190.002(3), Fla. Stat. (1997). For example, under section 190.”
— 190.002(1)(a) — 1 case
State v. FRONTIER ACRES COMMUNITY DEVELOP. DIST. PASCO COUNTY (1985)
“In the present case, the legislative intent and purpose set forth in section 190.002, Florida Statutes (Supp. 1984), evidence the narrow objective underlying the creation of such districts.”
— 190.002(3) — 1 case
Hernandez v. Trout Creek Development Corp. (2000)
“” § 190.002(3), Fla. Stat. (1997). For example, under section 190.”
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