A CDD's reason for existing is infrastructure. Section 190.012 of Chapter 190 of the Florida Statutes grants CDDs specific powers to plan, establish, acquire, construct, reconstruct, enlarge, extend, equip, operate, and maintain systems and facilities for a defined set of infrastructure categories.
The infrastructure categories (190.012(1))
The special powers enumerated in 190.012(1) include systems and facilities for:
Water management and control
This is the most common CDD function. It includes stormwater management ponds, drainage systems, canals, and water-control structures. Most Florida CDDs were established in part to manage the stormwater requirements of the community's development.
Water supply, sewer, and wastewater
CDDs can own and operate water and sewer systems, or more commonly, construct them and turn them over to the county or municipal utility upon completion. The infrastructure financing mechanism (bonds paid by assessments) is the same regardless of the end operator.
District roads and bridges
Internal community roads, bridges, and culverts are a core CDD infrastructure category. These are the roads within the community that serve the CDD's residents, distinct from county or state roads.
Parks and facilities for indoor and outdoor recreation
Amenities including pools, clubhouses, playgrounds, walking trails, sports courts, and other recreational facilities. Many CDDs own and maintain the community's amenity package.
Fire prevention and control
CDDs can fund fire-prevention infrastructure. In practice, this is less common than water management or roads, but the statutory authority exists.
Security
CDDs can fund security infrastructure including guardhouses, gates, walls, and security patrol systems. Gated communities with CDD-funded entry infrastructure are common in Florida.
School buildings
CDDs can construct school-related facilities, though this power is exercised infrequently compared to the infrastructure categories above.
Mosquito control and waste collection
Additional infrastructure categories that some CDDs exercise depending on the community's needs.
How the powers are exercised
The board of supervisors exercises these powers through:
- Adoption of plans for the community development infrastructure
- Issuance of bonds (190.016) to finance construction
- Levy of assessments (190.021, 190.022) to fund operations and debt service
- Competitive bidding (190.033) for construction contracts above specified thresholds
What the CDD can and cannot do
A CDD can plan, build, own, and maintain the infrastructure categories listed in 190.012. It cannot do things outside its statutory authority. For example:
- A CDD cannot enforce deed restrictions or architectural standards (that is the HOA's role under Chapter 720)
- A CDD cannot regulate resident behavior beyond what is necessary for the operation and maintenance of its infrastructure
- A CDD cannot exercise general police power
The boundary between CDD authority and HOA authority is structural: the CDD handles infrastructure under Chapter 190; the HOA handles covenants under Chapter 720.
What CDDStream can do
CDDStream can cite the specific infrastructure powers under 190.012 and answer questions about what your district can and cannot do. When a resident asks "who is responsible for the roads?" or "who maintains the pool?" the system can cite the relevant section of Chapter 190 and the district's establishing documents.
CDDStream is software; it is not a law firm and does not create an attorney-client relationship. Verify specifics with your district counsel.