Tim Nargi

Florida Statute 190.012 (2)(d)

PSA for Today:

The district is bound to the Florida Statutes; CDD board members each take an oath to uphold these laws of Florida

Lets look at Section 190.012 ~Special powers; public improvements and community facilities

Part (2)(d) specifically says what we are allowed to do, lets go thru this section that specifically addresses Security

(Check=we have or are doing this)

(d) Security, including, but not limited to,

guardhouses (CHECK),

fences and gates (CHECK),

electronic intrusion-detection systems (CHECK-Envera),

and patrol cars (NOPE=Excelsior), when authorized by proper governmental agencies;

(the section goes on to say)

except that the district may not exercise any police power, (Very Specific that we can not do this)

but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the district boundaries.  (Very Specific what we can and whom we must do it with)

 

 

So as not to cherry pick , The rest of the section goes on about towing:

However, this paragraph does not prohibit a district from contracting with a towing operator to remove a vehicle or vessel from a district-owned facility or property if the district follows the authorization and notice and procedural requirements in s. 715.07 for an owner or lessee of private property. The district’s selection of a towing operator is not subject to public bidding if the towing operator is included in an approved list of towing operators maintained by the local government that has jurisdiction over the district’s facility or property.

 

 

Basically the CDD provides security for CDD property, by the use of Gates and an Intrusion detection system which can provide some measure of security for the neighborhood, but the CDD is not in the business of protecting private property.  However the use of Envera, and should we add a patrol, would deter crime within the neighborhood.  However the law must be followed, so in order to add HCSO we would have to enter into an agreement (TCJA), but in order to do that our roads must be up to county code.