Security – What is the CDD LEGAL reality of Security in MiraBay?

Security

We can try to understand what the Harbor bay CDD can do about security: We also need to understand the CDD is a government entity and must follow established law. Many things are very specifically written out about the powers, or lack thereof, for a CDD:  2022 Florida statutes CHAPTER 190 COMMUNITY DEVELOPMENT DISTRICTS

Lets focus on “CDD Security”

There is a Section in Chapter 190 that clearly spells out a CDD’s capability for such.

Chapter 190.012 Special powers (2) (d)

Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion-detection systems, and patrol cars, when authorized by proper governmental agencies; except that the district may not exercise any police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the district boundaries.

The CDD chose 1 of the 3 contractors that offered us services for an ***electronic intrusion-detection systems***

This is why we have Envera; which was the least expensive contractor with the most capabilities and the only turn-key contractor of the 3 (the others had 1 or 2 sub-contractors) .  This is one of the things we can do according to Chapter 190.012 Special powers (2) (d)

NO, Envera nor any of the others, are not a proactive system, all we can do for a more proactive system is as written in (2)(d), which is “contract with the appropriate gov’t agencies”. Such as a Security company similar to Excelsior that would provide Class D or Class G guards with arrest powers and even then  The Florida Statute Chapter 190.012 Special powers (2) (d) clearly spells out what we can and cannot do and unfortunately the CDD does not, and legally cannot, provide security for the people.

This CDD is required to have Security for the CDD assets because of how the bonds were established for this development.