About the District
The Palermo Community Development District is an independent special district established pursuant to Chapter 190, Florida, Statutes. Lee County, Florida established the District on April 4, 2007 by Ordinance No. 07-05 (the “Ordinance”). The District was established for two primary public purposes: First, is to finance, construct/acquire the required infrastructure required for the Community. This infrastructure is a continuation of the infrastructure and related improvements, including certain roadways, water and sewer and reclaimed water and irrigation facilities, water management and wetland mitigation. Certain facilities such as water and sewer facilities are being dedicated to Lee County for ownership, operation and maintenance.
The District is located in Lee County, Florida and is situated .....
Legal Powers and Authority
The Act was enacted in 1980 to provide a uniform method for the establishment of independent districts to manage and finance basic community development services, including capital infrastructure required for community developments throughout the State of Florida. The Act provides legal authority for community development districts (such as the District) to finance the acquisition, construction, operation and maintenance of the major infrastructure for community development pursuant to its general law charter (Sections 190.006 through 190.041, Florida Statutes).
Among other provisions, the Act gives the District’s Board of Supervisors the authority to (a) plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain systems and facilities for: (i) water management and control for lands within the District and to connect any of such facilities with roads and bridges; (ii) water supply, sewer and waste-water management systems or any combination thereof and to construct and operate connecting intercept or outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and under any street, alley, highway, or other public place or ways, and to dispose of any effluent, residue, or other byproducts of such system or sewer system; (iii) District roads equal to or exceeding the specifications of the county in which such district roads are located and street lights; and (iv) with the consent of the local general-purpose government within the jurisdiction of which the power is to be exercised, (a) parks and facilities for indoor and outdoor recreational uses and security; (b) borrow money and issue bonds of the District; (c) impose and foreclose special assessments liens as provided in the Act; and (d) exercise all other powers, necessary, convenient, incidental or proper in connection with any of the powers or duties of the District stated in the Act.
The Act does not empower the District to adopt and enforce any land use plans or zoning ordinances and the Act does not empower the District to grant building permits; these functions are to be performed by general purpose local governments having jurisdiction over the lands within the District.
The Act exempts all property owned by the District from levy and sale by virtue of an execution and from judgment liens, but does not limit the right of any owner of lands of the District to pursue any remedy for enforcement of any lien or pledge of the District in connection with its bonds
Community Development Districts:
In 1984, the State Legislature passed the Uniform Community Development Act, and created Community Development Districts in the State of Florida. The intent of the legislation is to establish a growth management tool which ensured that growth paid for growth and provided incentive for planned community development. Unlike Special Act Districts which are created by the State Legislature, Chapter 190, Community Development Districts are created by either the local government or the Cabinet & Governor. Chapter 190, dictates the general and special powers available to Community Development Districts.
Special Districts including CDD's are the most common and numerous form of local government in the State, and provide a significant portion of both capital infrastructure and operations for residents in the State of Florida.
History of Special Districts in Florida:
Districts in the State date back as far as 1822 when Florida was still a territory. That same year when Tallahassee was established as a half-way point between the territory's only two cities of Pensacola and St. Augustine and Territorial legislators met and passed the Road, Highway, and Ferry Act of 1822 - establishing the importance of transportation in the State and authorizing the creation of the first Special Districts. Soon after Florida became a State, in 1854 the Legislature created the first Special District, to drain the Alachua Savannah, the District had a five-member commission and the authority to finance its activities by levying special assessments.
The popularity of special district to fund public works continued through the end of the 19th century as more settlers came to Florida. By the 1920's, the population had increased substantially in response to Florida's land boom. Many special districts were created to finance large engineering projects, some of which are still in existence today, such as the South Florida a Conservancy District and the Florida Inland Navigation District.
By the 1930's, the surge of new residents created the need for the first mosquito eradication district and other very specialized districts. After World War II, the baby boom and Florida's growing popularity created the need for a variety of new special districts, such as aviation authorities and hyacinth control districts. Soon, beach erosion, hospital, and fire control districts grew rapidly along with traditional road, bridge and drainage special districts.
Today, some form of special district covers the entire State of Florida and provide a myriad of services to Florida's growing population, and significantly contribute to the State's desire to manage and finance growth related activities through local forms of government, which maintain the State's low forms of taxation, such as no State Income Tax, etc.