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2019 Op. Fla. Att'y Gen. 1 (2019)

handle is hein.sag/sagfl0103 and id is 1 raw text is: 



                        Florida Attorney General
                        Advisory Legal Opinion

Number: AGO 2019-05
Date: August 16, 2019
Subject: Community development district board voting zones



Mr. Michael D. Chiumento III
Counsel for Dunes Community Development District
145 City Place, Suite 30 1
Palm Coast, Florida 32164

RE: SPECIAL DISTRICT - COMMUNITY DEVELOPMENT DISTRICT - ELECTIONS
-authority of community development district to create voting zones to elect Board of
Supervisors. 190.003, 190.006, 190.011, 190.046.

Dear Mr. Chiumento:

This office has received your request for an Attorney General opinion on behalf of the
Dunes Community Development District asking essentially the following questions:

         1. Are community development districts permitted to create voting zones
         within the district and to have an elector residing in each such zone be elected
         by the district's qualified electors to
             the Board of Supervisors?

2. If so, may the Community Development District take the administrative action of
establishing such voting zones?

In sum:

There are no provisions in Chapter 190 that authorize a district to develop its own
election procedures or modify the procedures set forth in section 190.006, Florida
Statutes (2018). Section 190.006(3)(a)1 only requires elected board members to be
qualified electors of the district, whereas the procedure you propose would also require
at least some of the board members to be qualified electors of a particular zone within
the district, and therefore is not authorized.

The Dunes Community Development District in Flagler County was created by
administrative rule in 1985. It encompasses approximately 2,200 acres and contains
four residential communities: Hammock Dunes, Ocean Hammock, Hammock Beach,
and Yacht Harbor Village. You state that each community has its own homeowners'
association, its own social characteristics, and distinct governmental service issues.

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