Florida Statute 190.011 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XIII
PLANNING AND DEVELOPMENT

Chapter 190
COMMUNITY DEVELOPMENT DISTRICTS

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F.S. 190.011

190.011 General powers.—The district shall have, and the body may exercise, the following powers:

(1) To sue and be sued in the name of the district; to adopt and use a seal and authorize the use of a facsimile thereof; to acquire, by purchase, gift, devise, or otherwise, and to dispose of, real and personal property, or any estate therein; and to make and execute contracts and other instruments necessary or convenient to the exercise of its powers.

(2) To apply for coverage of its employees under the state retirement system in the same manner as if such employees were state employees, subject to necessary action by the district to pay employer contributions into the state retirement fund.

(3) To contract for the services of consultants to perform planning, engineering, legal, or other appropriate services of a professional nature. Such contracts shall be subject to public bidding or competitive negotiation requirements as set forth in s. 190.033.

(4) To borrow money and accept gifts; to apply for and use grants or loans of money or other property from the United States, the state, a unit of local government, or any person for any district purposes and enter into agreements required in connection therewith; and to hold, use, and dispose of such moneys or property for any district purposes in accordance with the terms of the gift, grant, loan, or agreement relating thereto.

(5) To adopt rules and orders pursuant to the provisions of chapter 120 prescribing the powers, duties, and functions of the officers of the district; the conduct of the business of the district; the maintenance of records; and the form of certificates evidencing tax liens and all other documents and records of the district. The board may also adopt administrative rules with respect to any of the projects of the district and define the area to be included therein. The board may also adopt resolutions which may be necessary for the conduct of district business.

(6) To maintain an office at such place or places as it may designate within a county in which the district is located or within the boundaries of a development of regional impact or a Florida Quality Development, or a combination of a development of regional impact and a Florida Quality Development, which includes the district, which office must be reasonably accessible to the landowners. Meetings pursuant to s. 189.015(3) of a district within the boundaries of a development of regional impact or Florida Quality Development, or a combination of a development of regional impact and a Florida Quality Development, may be held at such office.

(7)(a) To hold, control, and acquire by donation, purchase, or condemnation, or dispose of, any public easements, dedications to public use, platted reservations for public purposes, or any reservations for those purposes authorized by this act and to make use of such easements, dedications, or reservations for any of the purposes authorized by this act.

(b) When real property in the district is owned by a governmental entity and subject to a ground lease as described in s. 190.003(14), to collect ground rent from landowners pursuant to a contract with such governmental entity and to contract with the county tax collector for collection of such ground rent using the procedures authorized in s. 197.3631, other than the procedures contained in s. 197.3632.

(8) To lease as lessor or lessee to or from any person, firm, corporation, association, or body, public or private, any projects of the type that the district is authorized to undertake and facilities or property of any nature for the use of the district to carry out any of the purposes authorized by this act.

(9) To borrow money and issue bonds, certificates, warrants, notes, or other evidence of indebtedness as hereinafter provided; to levy such tax and special assessments as may be authorized; and to charge, collect, and enforce fees and other user charges.

(10) To raise, by user charges or fees authorized by resolution of the board, amounts of money which are necessary for the conduct of the district activities and services and to enforce their receipt and collection in the manner prescribed by resolution not inconsistent with law.

(11) To exercise within the district, or beyond the district with prior approval by resolution of the governing body of the county if the taking will occur in an unincorporated area or with prior approval by resolution of the governing body of the municipality if the taking will occur within a municipality, the right and power of eminent domain, pursuant to the provisions of chapters 73 and 74, over any property within the state, except municipal, county, state, and federal property, for the uses and purposes of the district relating solely to water, sewer, district roads, and water management, specifically including, without limitation, the power for the taking of easements for the drainage of the land of one person over and through the land of another.

(12) To cooperate with, or contract with, other governmental agencies as may be necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized by this act.

(13) To assess and impose upon lands in the district ad valorem taxes as provided by this act.

(14) To determine, order, levy, impose, collect, and enforce special assessments pursuant to this act and chapter 170. Such special assessments may, in the discretion of the district, be collected and enforced pursuant to the provisions of ss. 197.3631, 197.3632, and 197.3635, chapter 170, or chapter 173.

(15) To exercise all of the powers necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized by this act.

(16) To exercise such special powers as may be authorized by this act.

History.—s. 2, ch. 80-407; s. 8, ch. 84-360; s. 46, ch. 89-169; s. 4, ch. 91-308; s. 38, ch. 99-378; s. 1, ch. 2003-39; s. 7, ch. 2007-160; s. 5, ch. 2009-142; s. 69, ch. 2014-22.

F.S. 190.011 on Google Scholar

F.S. 190.011 on Casetext

Amendments to 190.011

Arrestable Offenses / Crimes under Fla. Stat. 190.011

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 190.011.

Annotations, Discussions, Cases:

Cases Citing Statute 190.011

Total Results: 15

Ago

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

Snippet: functions and powers provided by the act.5 Section 190.011, Florida Statutes, describes the general corporate

Ago

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

Snippet: existing general purpose local governments.3 Section 190.011, Florida Statutes, sets forth the general corporate

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Court: Florida Attorney General Reports | Date Filed: 2006-12-13

Snippet: the purposes of the act. In contrast, section 190.011(4), Florida Statutes, specifically authorizes community

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: Pursuant to the power conferred upon it by section 190.011(14), Florida Statutes (1994), District levied special

Ago

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

Snippet: financing of capital infrastructure.3 Section 190.011, Florida Statutes, provides the general corporate

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: limited to those powers enumerated in section 190.011, Florida Statutes (1997). However, Trout Creek

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Court: Florida Attorney General Reports | Date Filed: 1999-06-02

Snippet: the following question: Do sections 190.009 or 190.011, Florida Statutes, require a referendum when a

Ago

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

Snippet: the powers described and authorized in Sections 190.011 and 190.012(1), (2)(a), (b), (d), (e) and (f) and

Carlton v. Carlton

Court: District Court of Appeal of Florida | Date Filed: 1996-03-29

Citation: 670 So. 2d 1129, 1996 WL 139212

Snippet: husband indicates his net monthly income is $1,190.11, that figure includes certain deductions such as

Ago

Court: Florida Attorney General Reports | Date Filed: 1986-01-29

Snippet: disproportionate effect on landowners. Cf., s. 190.011, F.S. (1984 Supp.) (powers of community development

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

State Ex Rel. Schenley Distributors v. Civil Court of Record

Court: Supreme Court of Florida | Date Filed: 1939-04-10

Citation: 188 So. 96, 137 Fla. 167

Snippet: and cases cited; Greer v. Young, 120 Ill. 184-190, 11 N.E. Rep. 167; Camden Rolling Mill Co. v. Swede

Union Bus Co. v. Bowen

Court: Supreme Court of Florida | Date Filed: 1938-10-14

Citation: 134 Fla. 254, 184 So. 17

Snippet: 10 M. & W. 546, 152 Reprint 588, 19 E. R. C. 190; 11 C. J. 281 and notes. The sixth and seventh assignments

Union Bus Co. v. Bowen

Court: Supreme Court of Florida | Date Filed: 1938-10-14

Citation: 184 So. 17, 134 Fla. 254, 1938 Fla. LEXIS 1103

Snippet: Mann, 10 M. W. 546, 152 Reprint 588, 19 E.R.C. 190; 11 C.J. 281 and notes. The sixth and seventh assignments

Putnam Lumber Co. v. Ellis-Young Co.

Court: Supreme Court of Florida | Date Filed: 1905-06-15

Citation: 50 Fla. 251

Snippet: and cases cited; Greer v. Young, 120 Ill. 184-190, 11 N. E. Rep. 167; Camden Rolling Mill Co. v. Swede