Judges: Robert A. Butterworth Attorney General
Filed Date: 9/5/1996
Status: Precedential
Modified Date: 7/5/2016
Mr. Keith W. Bricklemyer Lake St. Charles Community Development District Attorney 111 East Madison Street, Suite 2400 Tampa, Florida 33602-4708
Dear Mr. Bricklemyer:
You have asked for my opinion on substantially the following questions:
1. Is the Lake St. Charles Community Development District authorized to enter into a contract with a cable franchisee for that franchisee to provide a combination of services to include basic cable television, community recreation information, and security monitoring for the residents of the district?
2. If the answer to Question One is in the affirmative, is the Lake St. Charles Community Development District authorized to offset its costs by selling air time to commercial advertisers on the cable services provided to the residents?
In sum:
1. Providing cable television services to the residents of the Lake St. Charles Community Development District is outside the scope of authority for the district, and the district may not enter into a contract with a cable television franchisee to provide such services to the residents of the district.
2. In light of the answer to Question One, no response to Question Two is necessary.
The Lake St. Charles Community Development District is a local unit of special-purpose government created pursuant to Chapter
According to your letter, the district is interested in entering a contract with a cable television franchisee to provide cable television for the residents of the district. This contract would include basic cable service, community recreation information, and security monitoring. You state that the proposed cable television service would broadcast local recreational, educational, and cultural programs to the residents of the district. In addition, the district would install monitoring cameras at the project entrance that would broadcast to the residents on one of the channels provided by the cable service.
Chapter
Section
Section
Subsection (2) of section
(a) Parks and facilities for indoor and outdoor recreational, cultural, and educational uses. (b) Fire prevention and control, including fire stations, water mains and plugs, fire trucks, and other vehicles and equipment.
* * *
(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. (e) Control and elimination of mosquitoes and other arthropods of public health importance. (f) Waste collection and disposal.
The district is also authorized by subsection (3) "[t]o adopt and enforce appropriate rules following the procedures of chapter 120[.]"
While the primary purpose for the establishment of community development districts is to provide for the planning, management, and financing of capital infrastructure, the exercise of the special powers set forth in section
a. Any fixed capital expenditure or fixed capital outlay associated with the construction, reconstruction, or improvement of public facilities which have a life expectancy of 5 or more years and any land acquisition, land improvement, design, and engineering costs related thereto. b. A fire department vehicle, an emergency medical service vehicle, a sheriff's office vehicle, a police department vehicle, or any other vehicle, and such equipment necessary to outfit the vehicle for its official use or equipment that has a life expectancy of at least 5 years.
Thus, "infrastructure" may be understood to refer to certain projects, facilities and equipment that make up the basic framework of public facilities. These would include, as defined by Chapter
A review of the goals of the Legislature in enacting the Uniform Community Development District Act of 1980 and a review of the types of projects that may be undertaken by these districts leads me to conclude that providing cable television service is not included within the scope of authority of the Lake St. Charles Community Development District.
As the Florida Supreme Court recognized in State v. Frontier Acres Community Development District Pasco County, "Chapter 190 was enacted to address this State's concern for community infra-structure[.]"8 The Court went on to note that:
Consistent with this objective, the powers exercised by these districts must comply with all applicable policies and regulations of statutes and ordinances enacted by popularly elected state and local governments. . . . [T]hese districts' powers implement the single, narrow legislative purpose of ensuring that future growth in this State will be complemented by an adequate community infrastructure provided in a manner compatible with all state and local regulations.9
Thus, the Court acknowledged that community development districts created pursuant to Chapter
Special districts have limited authority and may only exercise those powers that are expressly granted to them by law or those that are necessarily implied because they are essential to carry into effect those powers expressly granted.10 As authority for the development district to provide cable television services you rely on a series of cases dealing with the City of Niceville's proposal to create a municipally owned cable television station.11 Municipalities, unlike special districts, possess home rule powers and, as stated in section
Therefore, it is my opinion that the Lake St. Charles Community Development District is not authorized by the provisions of Chapter
Sincerely,
Robert A. Butterworth Attorney General
RAB/tgh
Warner Cable Communications, Inc., an Illinois Corporation ... , 911 F.2d 634 ( 1990 )
Warner Cable Communications, Inc. v. City of Niceville , 920 F.2d 13 ( 1990 )
Byrd v. City of Niceville , 541 So. 2d 696 ( 1989 )
WARNER CABLE COM. v. City of Niceville , 520 So. 2d 245 ( 1988 )
State v. FRONTIER ACRES COMMUNITY DEVELOP. DIST. PASCO ... , 472 So. 2d 455 ( 1985 )