Local Government and Community Development Districts
Florida governments continue to struggle with how to ensure provision of basic infrastructure and services to accommodate growth. In light of this struggle, developers seeking to meet the demand for housing, shopping and recreational amenities face continued pressure from both local and state government to provide more facilities at a faster pace. Permitting agencies make demands for long-term assurances that infrastructure will be maintained even after the developer's involvement in a project has ended. In part, these demands are fueled by the intense political pressure not to raise taxes. Development costs continue to rise as local governments demand more and more exactions from those proposing projects within their jurisdictions.
Community development districts (CDDs) are independent local special-purpose governments that levy taxes and assessments and issue bonds to provide infrastructure to developing communities of all types. [Click here for an introduction to Local Government and CDD Practice.] When used effectively, CDDs can help developers spread out development costs, meet the concerns of permitting agencies with respect to long-term maintenance of infrastructure, and address the local government's concerns to avoid politically unpopular property tax increases.
For years, our firm has counseled landowners and developers on ways to address these infrastructure needs. Our lawyers have helped establish more than 180 CDDs which provide a wide range of infrastructure and services in growth areas. As the use of CDDs has become more widespread, our lawyers have played a major role in crafting legislative changes to the laws governing CDDs to address real-life, day-to-day matters that confront CDDs in their provision of services.
We also serve as general counsel to over 150 CDDs throughout Florida. Our work takes us from Dade to Destin, wherever growth and development create the need for infrastructure. In this arena, our lawyers regularly address issues relating to public finance, public bidding, rulemaking, open meetings, ethics, public records, real property dedications and conveyance and contracts. In this capacity, we provide service as "local government lawyers" to boards comprised of both landowner representatives and residents.
We have experience taking land from its undeveloped state through the land use approval process to the financing and construction of infrastructure, and ultimately its long term maintenance. [Click here for a description of our Land Use and Growth Management practice.]
Practicing Attorneys : Joseph A. Brown, Katie S. Buchanan, Thomas V. Burch, Brian A. Crumbaker, Jere L. Earlywine, Michael C. Eckert, Jennifer L. Kilinski, A. Tucker Mackie, Wesley S. Haber, Jonathan T. Johnson, Jennifer L. O'Brian, Lynn S. Small, Cheryl G. Stuart, Roy Van Wyk, and Jason M. Walters.