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Florida Statute 190.011 - Full Text and Legal Analysis
Florida Statute 190.011 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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The 2025 Florida Statutes

Title XIII
PLANNING AND DEVELOPMENT
Chapter 190
COMMUNITY DEVELOPMENT DISTRICTS
View Entire Chapter
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.

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Amendments to 190.011


Annotations, Discussions, Cases:

Cases Citing Statute 190.011

Total Results: 8  |  Sort by: Relevance  |  Newest First

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Remington Comm. v. Educ. Found., 941 So. 2d 15 (Fla. 5th DCA 2006).

Cited 1 times | Published | Florida 5th District Court of Appeal | 2006 WL 2347005

...District was formed in 1994, pursuant to Chapter 190, Florida Statutes, for the purpose of constructing roads, water and wastewater systems and other infrastructure to serve the lands within District's boundaries. Pursuant to the power conferred upon it by section 190.011(14), Florida Statutes (1994), District levied special assessments in 1994, 1997 and 1999 on the property within its boundaries....
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Ago (Fla. Att'y Gen. 1996).

Published | Florida Attorney General Reports

...a Statutes. The district was created in 1995 by a Hillsborough County ordinance 1 as required by section 190.005 (1), Florida Statutes. The ordinance creates the district and authorizes it to "exercise the powers described and authorized in Sections 190.011 and 190.012 (1), (2)(a), (b), (d), (e) and (f) and (3), Florida Statutes." 2 According to your letter, the district is interested in entering a contract with a cable television franchisee to provide cable television for the residents of the district....
...act the Legislature expressed its concern that there was a need for uniform procedures in state law to authorize the establishment of community development districts to provide for the planning, management, and financing of capital infrastructure. 4 Section 190.011 , Florida Statutes, provides the general corporate powers that community development districts may exercise, including the authority to contract, apply for retirement coverage for employees, borrow money and adopt administrative rules for the district....
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Ago (Fla. Att'y Gen. 2004).

Published | Florida Attorney General Reports

...ct, the Legislature expressed its concern that there was a need for uniform procedures in state law to authorize the establishment of community development districts to provide for the planning, management, and financing of capital infrastructure. 3 Section 190.011 , Florida Statutes, provides the general corporate powers that community development districts may exercise, including the authority to contract, apply for retirement coverage for employees, borrow money and adopt administrative rules for the district....
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Colony Beach & Tennis Club, Ltd. v. Colony Beach & Tennis Club Ass'n, 456 B.R. 545 (M.D. Fla. 2011).

Published | District Court, M.D. Florida | 2011 U.S. Dist. LEXIS 82225, 2011 WL 3169486

454, 455 (Fla. 2d DCA 1984); Boyer, supra, *562 § 190.11[6]. In fulfilling the duty to maintain the common
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Ago (Fla. Att'y Gen. 2007).

Published | Florida Attorney General Reports

...2 Chapter 190 reflects the State's concern for community infrastructure and is intended to provide a method to deal with projected population growth while minimizing the financial and administrative burden on existing general purpose local governments. 3 Section 190.011 , Florida Statutes, sets forth the general corporate powers that community development districts may exercise, including the authority to contract, apply for retirement coverage for employees, borrow money and adopt administrative rules for the district....
...ssessed until they are paid and are enforceable in the same manner as county taxes. The statute also sets forth the criteria for determining the amount of the assessment: "The amount of the assessment for the exercise of the district's powers under ss. 190.011 and 190.012 shall be determined by the board based upon a report of the district's engineer and assessed by the board upon such lands, which may be part or all of the lands within the district benefited by the improvement, apportioned betw...
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Ago (Fla. Att'y Gen. 2008).

Published | Florida Attorney General Reports

functions and powers provided by the act.5 Section 190.011, Florida Statutes, describes the general corporate
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Ago (Fla. Att'y Gen. 2006).

Published | Florida Attorney General Reports

out the purposes of the act. In contrast, section 190.011(4), Florida Statutes, specifically authorizes
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Hernandez v. Trout Creek Dev. Corp., 779 So. 2d 360 (Fla. 2d DCA 2000).

Published | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 4221, 2000 WL 367744

...ement and control, water and wastewater services, bridges, culverts, roads, parks, recreational facilities, fire prevention systems, and schools. Trout Creek acknowledges that community development districts are limited to those powers enumerated in section 190.011, Florida Statutes (1997). However, Trout Creek argues that the districts may enforce covenants and deed restrictions as an exercise of the authority in subsection 190.011(15), which provides that a district may “exercise all powers necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized by the act.” Trout Creek specifically contends that the...
...r to finance the cost of constructing capital facilities. Trout Creek reasons that covenants and deed restrictions preserve property values, thus easing a district’s ability to pay off the debts from its capital bonds. We reject this reading of subsection 190.011(15) as overly expansive, and contrary to the general purpose of delivery and management of community development services as contemplated by the statute....