The 2023 Florida Statutes (including Special Session C)

Title XXX
SOCIAL WELFARE

Chapter 418
RECREATION DISTRICTS

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F.S. 418.22

418.22 Powers of recreation districts.—The charter of a recreation district may grant to the recreation district the following powers and all further or additional powers as the governing body of the municipality or county establishing the district may deem necessary or useful in order to exercise the powers for which provision is hereinafter made. The powers which may be granted by such charter include the following:

(1) To sue and be sued and to have a corporate seal.

(2) To contract and be contracted with.

(3) To acquire, purchase, construct, improve, and equip recreational facilities of all types, including real and personal property, within the boundaries of the district; such acquisition may be by purchase, lease, gift, or exercise of the power of eminent domain. If the governing body of the municipality or county that created the recreation district for exclusive use by a condominium established under chapter 718 or a cooperative established under chapter 719 makes the finding described in s. 418.24(4), the governing body of the district may make the recreational facilities available exclusively for district residents and property owners, and may restrict any access to recreational facilities by nonresidents by rules adopted by the governing body of the district. Prior to any vote of the electors in the district adopting or amending a charter pursuant to s. 418.20, the governing body shall decide whether the criteria in s. 418.24(4) apply and whether the recreation district shall be available exclusively for the district residents. The recreation district may construct and maintain security buildings and other structures needed to regulate access to, and provide security for, the recreational facilities.

(4) To issue bonds, secured by ad valorem taxes or by pledge of both such taxes and other revenues of the district, if approved at a referendum held in such district, and to levy and collect ad valorem taxes, without limitation or with such limitation as may be imposed by charter, on all real property subject to city taxation within such district in order to pay the principal of and interest on such bonds as the same respectively fall due or to accumulate a sinking fund for the payment of principal and interest. The referendum required by this section may be held on the same day as any other referendum related to the district; provided that such bonds shall bear interest at a rate pursuant to s. 215.84 and be sold at public sale. In the event an offer of an issue of bonds at public sale produces no bid, or in the event all bids received are rejected, the district is authorized to negotiate for the sale of such bonds under such rates and terms as are acceptable; provided that no such bonds shall be sold or delivered on terms less favorable than the terms contained in any bids rejected at the public sale thereof or the terms contained in the notice of public sale if no bids were received at such public sale.

(5) To operate and maintain recreational facilities or to enter into arrangements with others for such operation and maintenance pursuant to contract, lease, or otherwise.

(6) To establish, charge, and collect fees for admission to or use of recreational facilities and to apply such fees to the operation, maintenance, improvement, enlargement, or acquisition of recreational facilities or to the payment of bonds or revenue bonds of the district.

(7) To issue revenue bonds payable solely from the revenues to be derived from recreational facilities owned or operated by such district if approved at a referendum held in such district; provided that such bonds shall bear interest at a rate pursuant to s. 215.84 and be sold at public sale. In the event an offer of an issue of bonds at public sale produces no bid, or in the event all bids received are rejected, the district is authorized to negotiate for the sale of such bonds under such rates and terms as are acceptable; provided that no such bonds shall be so sold or delivered on terms less favorable than the terms contained in any bids rejected at the public sale thereof or the terms contained in the notice of public sale if no bids were received at such public sale.

(8) To adopt and enforce rules for the use of the recreational facilities owned or operated by the district.

(9) To employ all personnel deemed necessary for the operation and maintenance of the facilities of the district.

History.—s. 2, ch. 78-237; s. 29, ch. 83-215; s. 25, ch. 94-350.

F.S. 418.22 on Google Scholar

F.S. 418.22 on Casetext

Amendments to 418.22

Arrestable Offenses / Crimes under Fla. Stat. 418.22

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 418.22.

Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES v. HEARTLAND HOSPICE, INC., 386 F. Supp. 3d 884 (N.D. Ohio 2019)

. . . Id. at § 418.22(b)(1). . . . Id. at § 418.22; 42 U.S.C. § 1395f(7). . . .

UNITED STATES EX REL, LEMON, LAVERNE FOWLER, v. NURSES TO GO, INCORPORATED F. A A A DPM L. L. C., 924 F.3d 155 (5th Cir. 2019)

. . . . §§ 418.20 & 418.22. Id. § 1395f(a)(7)(D)(i). . . . . § 418.22(b) (stating certifications "must conform" or the hospice care provider cannot be paid). . . .

CRARY, v. TRI- PAR ESTATES PARK AND RECREATION DISTRICT,, 267 So. 3d 530 (Fla. App. Ct. 2019)

. . . . § 418.22(8), Fla. . . .

DRUDING, O v. CARE ALTERNATIVES, INC., 346 F. Supp. 3d 669 (D.N.J. 2018)

. . . . § 418.22(b). . . . by an attending physician or hospice medical director. 42 U.S.C. § 1395f(a)(7)(A)(ii) ; 42 C.F.R. § 418.22 . . .

UNITED STATES v. ASERACARE INC,, 176 F. Supp. 3d 1282 (N.D. Ala. 2016)

. . . . § 418.22(b)(1) (emphasis added). . . .

DRUDING, v. CARE ALTERNATIVES, INC., 164 F. Supp. 3d 621 (D.N.J. 2016)

. . . . § 418.22 (“Certification of terminal illness.”). . . . Id. §§ 418.22(b)(2) and (3). See also United States ex rel. Fowler v. . . . include “clinical information and other documentation that support the medical prognosis.” 42 C.F.R. § 418.22 . . .

UNITED STATES v. ASERACARE INC,, 153 F. Supp. 3d 1372 (N.D. Ala. 2015)

. . . . § 418.22(b)(1) (emphasis added). . . . Id. at § 418.22(b) (emphasis added). . . .

UNITED STATES GESCHREY v. GENERATIONS HEALTHCARE, LLC,, 922 F. Supp. 2d 695 (N.D. Ill. 2012)

. . . (a) entitled to Part A of Medicare; and (b) certified as being terminally ill in accordance with § 418.22 . . . The written certifications must be filed in the patient’s medical record. § 418.22(d)(2). . . . The written certification is a prerequisite for payment. § 418.22(a). . . . Section 418.22(b)(3)(iii) requires that the certifying physician “confirm[ ] that he/she composed the . . . See 42 C.F.R. § 418.22 (2011). . . . .

UNITED STATES WALL, v. VISTA HOSPICE CARE, INC. d b a, 778 F. Supp. 2d 709 (N.D. Tex. 2011)

. . . . § 418.22(c). . Id. . 42 U.S.C. § 1395f(i). . 42 C.F.R. § 418.200. . 42 C.F.R. § 418.56. . . . Id. § 1395f(a)(7); 42 C.F.R. § 418.22(c). . United States ex rel. Morton v. . . .

KONG, v. SCULLY,, 341 F.3d 1132 (9th Cir. 2003)

. . . . § 418.22 (1998). . . .

In THOMAS, f d b a THOMAS, v. RALSTON PURINA COMPANY M. U. S. D. A., 43 B.R. 201 (Bankr. M.D. Ga. 1984)

. . . But for the garnishment, Debtor would have received the $18,-418.22 from Dairymen, Inc. . . .

UNITED STATES v. BOWDEN,, 579 F. Supp. 337 (M.D. Tenn. 1982)

. . . . $ 240.63 August 24,1978 Bill Jordan Scrap Dealer, Inc. 418.22 September 28,1978 Heil-Quaker Corporation . . .

STATE II v. SUNRISE LAKES PHASE II SPECIAL RECREATION DISTRICT, a, 383 So. 2d 631 (Fla. 1980)

. . . . § 418.22, Fla.Stat. . . .