HYPOLUXO/HAVERHILL COMMUNITY DEVELOPMENT DISTRICT

PALM BEACH COUNTY Regular Board Meeting & Public Hearing August 19, 2026
8:00 A.M.

Special District Services, Inc.
The Oaks Center 2501A Burns Road
Palm Beach Gardens, FL 33410
www.hypoluxohaverhillcdd.org 561.630.4922 Telephone 877.SDS.4922 Toll Free 561.630.4923 Facsimile

AGENDA HYPOLUXO/HAVERHILL
COMMUNITY DEVELOPMENT DISTRICT
Special District Services, Inc. Conference Room 2501A Burns Road,
Palm Beach Gardens, FL 33410
REGULAR BOARD MEETING & PUBLIC HEARING
August 19, 2026
8:00 a.m.

Call to Order
Proof of Publication…	Page 1
Establish Quorum
Additions or Deletions to Agenda
Comments from the Public for Items Not on the Agenda
Approval of Minutes
May 13, 2026 Regular Board Meeting…	Page 2
Public Hearing
Proof of Publication…	Page 5
Receive Public Comments on Fiscal Year 2026/2027 Final Budget
Consider Resolution No. 2026-02 – Adopting a Fiscal Year 2025/2026 Final Budget…	Page 6
Old Business
New Business
Consider Resolution No. 2026-03 – Adopting a Fiscal Year 2025/2026 Meeting Schedule… Page 13
2026 Legislative Memo…	Page 15
Administrative Matters
Board Member Comments
Adjourn

Publication Date 2026-08-06

Subcategory Miscellaneous Notices

Notice of Public Hearing and Regular Board Meeting of the Hypoluxo Haverhill Community Development District
The Board of Supervisors of the Hypoluxo Haverhill Community Development District (District) will hold a public hearing on August 19, 2026, at 8:00 a.m. in the Conference Room of The Oaks Center located at 2501A Burns Road, Palm Beach Gardens, Florida 33410 for the purpose of hearing comments and objections on the adoption of the budget of the District for Fiscal Year 2026/2027. A regular board meeting of the District will also be held at that time where the Board may consider agenda items and any other business that may properly come before it.
A copy of the agenda and budget may be obtained from the Districts website www.hypoluxohaverhillcdd.org) or at the offices of the District Manager, Special District Services, located at 2501A Burns Road, Palm Beach Gardens, Florida 33410 during normal business hours.
The public hearing and meeting are open to the public and will be conducted in accordance with the provisions of Florida law for community development districts. The public hearing and meeting may be continued to a date, time, and place to be specified on the record at the meeting. There may be occasions when staff or Supervisors may participate by speaker telephone.
Any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at (561) 630-4922 at least forty-eight (48) hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service at 1-800-955-8770, for aid in contacting the District Office.
Each person who decides to appeal any decision made by the Board with respect to any matter considered at the public hearings or meeting is advised that person will need a record of proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based.
Meetings may be cancelled from time to time without advertised notice. District Manager
Hypoluxo Haverhill
Community Development District www.hypoluxohaverhillcdd.org 7/30, 8/6 12510165

Page 1

HYPOLUXO/HAVERHILL COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING
MAY 5, 2026

CALL TO ORDER

District Manager Michael McElligott called the May 5, 2026, Regular Board Meeting of the Hypoluxo/Haverhill Community Development District to order at 9:00 a.m. at the Conference Room at Special District Services, Inc, located at 2501 A Burns Road, Palm Beach Gardens, Florida, 33410.

PROOF OF PUBLICATION

Mr. McElligott presented proof of publication that notice of the Regular Board Meeting had been published in The Palm Beach Post on May 4, 2026, as legally required.

ESTABLISH A QUORUM

Mr. McElligott determined that the attendance of the following Supervisors constituted a quorum, and it was in order to proceed with the meeting: Supervisors Bernard Gatlin, Brett Osinski, and Askan Dehghani.

Staff in attendance were District Manager Michael McElligott of Special District Services, Inc., and District Counsel Scott Cochran of Billing, Cochran, Lyles, Mauro & Ramsey, P.A.
ADDITIONS OR DELETIONS TO THE AGENDA
Mr. McElligott informed the Board that he had received a reignition request by Mr. Messler. There was a motion from Mr. Osinski, with a second from Mr. Dehghani, to accept the resignation of Mr. Messler and declare the seat vacant. The motion passed 3-0.

ELECTION OF OFFICERS
Mr. McElligott explained that since Mr. Messler was the Chair, with his resignation it was appropriate to consider the slate of Officers. There was a motion from Dehghani, with a second from Mr. Osinski for the following slate:
Chair – Bernard Gatlin Vice Chair – Brett Osinski
Assistant Secretary – Ash Dhegihan Secretary – Michael McElligott Treasurer – Michale McElligott

The motion passed 3-0.

COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA

HYPOLUXO/HAVERHILL COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING
MAY 5, 2026

There were no comments from the public for items not on the agenda.

APPROVAL OF MINUTES
1. September 9, 2025, Regular Board Meeting

Mr. McElligott presented the minutes of the September 9, 2025, Regular Board Meeting and asked if there were any changes and/or corrections. There were no corrections noted. A motion was then made by Mr. Osinski, seconded by Mr. Gatlin, and unanimously passed to approve the minutes of the September 9, 2025, Regular Board Meeting, as presented.

OLD BUSINESS

There was no old business.

NEW BUSINESS

Consider Resolution No. 2026-01 – Adopting a Fiscal Year 2026/2027 Proposed Budget
Mr. McElligott presented Resolution No. 2025-01, entitled:
RESOLUTION NO. 2026-01
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE HYPOLUXO/HAVERHILL COMMUNITY DEVELOPMENT DISTRICT APPROVING A PROPOSED BUDGET FOR FISCAL YEAR 2026/2027; AND PROVIDING AN EFFECTIVE DATE.
Mr. McElligott presented the budget and answered some questions from the Board. After some discussion, a motion was made by Mr. Dehghani, seconded by Mr. Osinski, and passed 3-0 to adopt Resolution No. 2026-01 as presented, and set the Public Hearing for the Final Budget for August 19, 2026, at 8:00 am.

Consider Approval of Adjustment to District Counsel Fees
Mr. Cochran presented the fee adjustment memo in the meeting book. The fee increase of $25.00 per hour would go into effect October 1, 2026. After some discussion, a motion was made by Mr. Osinski, seconded by Mr. Dehghani, and passed 3-0 to approve the Adjustment to District Counsel Fees.

Consider Approval of Tree Trimming Proposal

Mr. McElligott went over the proposal. Mr. McElligott reminded the Board that this is in the budget to be done every 2 years, and the current proposal is from the same company that has done the last 2 tree trimmings for us. After some discussion, a motion was made by Mr. Osinski, seconded by Mr. Gatlin, and passed 3-0 to approve the Tree Trimming Proposal as presented.

HYPOLUXO/HAVERHILL COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING
MAY 5, 2026

ADMINISTRATIVE MATTERS

Mr. McElligott reminded the Board to do their Form 1s.

BOARD MEMBER COMMENTS

There were no comments from the Board Members.

ADJOURNMENT

There being no further business to come before the Board, a motion was made by Mr. Osinski, seconded by Mr. Gatlin and unanimously passed to adjourn the Regular Board Meeting at 9:17 a.m.

Secretary/Assistant Secretary	Chair/Vice-Chair

Publication Date 2026-08-06

Subcategory Miscellaneous Notices

Notice of Public Hearing and Regular Board Meeting of the Hypoluxo Haverhill Community Development District
The Board of Supervisors of the Hypoluxo Haverhill Community Development District (District) will hold a public hearing on August 19, 2026, at 8:00 a.m. in the Conference Room of The Oaks Center located at 2501A Burns Road, Palm Beach Gardens, Florida 33410 for the purpose of hearing comments and objections on the adoption of the budget of the District for Fiscal Year 2026/2027. A regular board meeting of the District will also be held at that time where the Board may consider agenda items and any other business that may properly come before it.
A copy of the agenda and budget may be obtained from the Districts website www.hypoluxohaverhillcdd.org) or at the offices of the District Manager, Special District Services, located at 2501A Burns Road, Palm Beach Gardens, Florida 33410 during normal business hours.
The public hearing and meeting are open to the public and will be conducted in accordance with the provisions of Florida law for community development districts. The public hearing and meeting may be continued to a date, time, and place to be specified on the record at the meeting. There may be occasions when staff or Supervisors may participate by speaker telephone.
Any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at (561) 630-4922 at least forty-eight (48) hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service at 1-800-955-8770, for aid in contacting the District Office.
Each person who decides to appeal any decision made by the Board with respect to any matter considered at the public hearings or meeting is advised that person will need a record of proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based.
Meetings may be cancelled from time to time without advertised notice. District Manager
Hypoluxo Haverhill
Community Development District www.hypoluxohaverhillcdd.org 7/30, 8/6 12510165

RESOLUTION NO. 2026-02

A RESOLUTION OF THE HYPOLUXO/HAVERHILL COMMUNITY DEVELOPMENT DISTRICT ADOPTING A FISCAL YEAR 2026/2027 BUDGET.

WHEREAS, the Hypoluxo/Haverhill Community Development District (“District”) has prepared a Proposed Budget and Final Special Assessment Roll for Fiscal Year 2026/2027 and has held a duly advertised Public Hearing to receive public comments on the Proposed Budget and Final Special Assessment Roll; and,

WHEREAS, following the Public Hearing and the adoption of the Proposed Budget and Final Assessment Roll, the District is now authorized to levy non ad-valorem assessments upon the properties within the District.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE HYPOLUXO/HAVERHILL COMMUNITY DEVELOPMENT DISTRICT THAT:

Section 1.	The Final Budget and Final Special Assessment Roll for Fiscal Year 2026/2027 attached hereto as Exhibit “A” is approved and adopted, and the assessments set forth therein shall be levied.

Section 2.	The Secretary of the District is authorized to execute any and all necessary transmittals, certifications or other acknowledgements or writings, as necessary, to comply with the intent of this Resolution.
PASSED, ADOPTED and EFFECTIVE this 19th day of August, 2026.

ATTEST:	HYPOLUXO/HAVERHILL
COMMUNITY DEVELOPMENT DISTRICT

By:			By:		 Secretary/Assistant Secretary			Chairperson/Vice Chairperson

Hypoluxo/Haverhill Community Development District

Final Budget For Fiscal Year 2026/2027
October 1, 2026 - September 30, 2027

CONTENTS

FINAL BUDGET

DETAILED FINAL BUDGET

DETAILED FINAL DEBT SERVICE FUND BUDGET

ASSESSMENT COMPARISON

FINAL BUDGET
HYPOLUXO/HAVERHILL COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2026/2027
OCTOBER 1, 2026 - SEPTEMBER 30, 2027

REVENUES	
FISCAL YEAR 2026/2027 BUDGET	
O & M Assessments	105,044	
Debt Assessments	99,827	
Other Revenues	0	
Interest Income	600	
TOTAL REVENUES	$	205,471	
		
EXPENDITURES		
Supervisor Fees	5,000	
Payroll Taxes (Employer)	400	
Engineering	3,000	
Management	30,192	
Secretarial	4,200	
Legal	8,000	
Assessment Roll	5,000	
Audit Fees	3,600	
Insurance	7,800	
Legal Advertisements	1,600	
Miscellaneous	600	
Postage	225	
Office Supplies	350	
Dues & Subscriptions	175	
Trustee Fee	3,200	
Website Management	2,000	
Lake Maintenance (Tree Trimming)	24,000	
TOTAL EXPENDITURES	$	99,342	
		
REVENUES LESS EXPENDITURES	$	106,129	
		
Bond Payments	(93,837)	
		
BALANCE	$	12,292	
		
County Appraiser & Tax Collector Fee	(4,097)	
Discounts For Early Payments	(8,195)	
		
EXCESS/ (SHORTFALL)	$	-	
		
Carryover From Prior Year	0	
		
NET EXCESS/ (SHORTFALL)	$	-	

Note: Estimated Fund Balance As Of 9-30-26 is $25,000.

DETAILED FINAL BUDGET
HYPOLUXO/HAVERHILL COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2026/2027
OCTOBER 1, 2026 - SEPTEMBER 30, 2027

REVENUES	
FISCAL YEAR 2024/2025 ACTUAL	
FISCAL YEAR 2025/2026 BUDGET	
FISCAL YEAR 2026/2027 BUDGET	

COMMENTS	
O & M Assessments	82,782	105,074	105,044	Expenditures Less Interest & Carryover/.94	
Debt Assessments	99,881	99,827	99,827	Bond Payments/.94	
Other Revenues	0	0	0		
Interest Income	1,608	480	600	Projected At $50 Per Month	
TOTAL REVENUES	$	184,271	$	205,381	$	205,471		
					
EXPENDITURES					
Supervisor Fees	2,800	5,000	5,000	No Change From 2025/2026 Budget	
Payroll Taxes (Employer)	214	400	400	Projected At 8% Of Supervisor Fees	
Engineering	0	3,000	3,000	No Change From 2025/2026 Budget	
Management	28,572	29,400	30,192	CPI Adjustment	
Secretarial	4,200	4,200	4,200	No Change From 2025/2026 Budget	
Legal	6,567	8,000	8,000	No Change From 2025/2026 Budget	
Assessment Roll	5,000	5,000	5,000	As Per Contract	
Audit Fees	3,400	3,500	3,600	Accepted Amount For 2025/2026 Audit	
Insurance	6,858	7,400	7,800	Fiscal Year 2025/2026 Expediture Was $7,269	
Legal Advertisements	648	1,750	1,600	$150 Decrease From 2025/2026 Budget	
Miscellaneous	342	650	600	$50 Decrease From 2025/2026 Budget	
Postage	212	225	225	No Change From 2025/2026 Budget	
Office Supplies	300	350	350	No Change From 2025/2026 Budget	
Dues & Subscriptions	175	175	175	No Change From 2025/2026 Budget	
Trustee Fee	3,180	3,200	3,200	No Change From 2025/2026 Budget	
Website Management	2,000	2,000	2,000	No Change From 2025/2026 Budget	
Lake Maintenance (Tree Trimming)	9,458	25,000	24,000	FY 2025/2026 Expenditure As Of 1-31-26 Was $2,134	
TOTAL EXPENDITURES	$	73,926	$	99,250	$	99,342		

REVENUES LESS EXPENDITURES	$	110,345	$	106,131	$	106,129		
					
Bond Payments	(95,184)	(93,837)	(93,837)	2027 Principal & Interest Payments	
					
BALANCE	$	15,161	$	12,294	$	12,292		
					
County Appraiser & Tax Collector Fee	(1,189)	(4,098)	(4,097)	Two Percent Of Total Assessment Roll	
Discounts For Early Payments	(6,839)	(8,196)	(8,195)	Four Percent Of Total Assessment Roll	
					
EXCESS/ (SHORTFALL)	$	7,133	$	-	$	-		
					
Carryover From Prior Year	0	0	0	Carryover Balance From Prior Years	
					
NET EXCESS/ (SHORTFALL)	$	7,133	$	-	$	-		

Note: Estimated Fund Balance As Of 9-30-26 is $25,000.

DETAILED FINAL DEBT SERVICE FUND BUDGET
HYPOLUXO/HAVERHILL COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2026/2027
OCTOBER 1, 2026 - SEPTEMBER 30, 2027

REVENUES	FISCAL YEAR 2024/2025 ACTUAL	FISCAL YEAR 2025/2026 BUDGET	FISCAL YEAR 2026/2027 BUDGET	

COMMENTS	

Interest Income	
4,289	
750	
1,000	
Projected Interest For 2026/2027	

NAV Tax Collection	
95,184	
93,837	
93,837	
Yearly Maximum Debt Assessment	

Total Revenues	
$	99,473	
$	94,587	
$	94,837		

EXPENDITURES					

Principal Payments	
75,000	
75,000	
60,000	
Principal Payment Due In 2027	

Interest Payments	
16,506	
15,561	
32,063	
Interest Payments Due In 2027	

Bond Redemption	
0	
4,026	
2,774	
Estimated Excess Debt Collections	

Total Expenditures	
$	91,506	
$	94,587	
$	94,837		

Excess/Shortfall	
$	7,967	
$	-	
$	-		

Series 2017 Bond Refunding Information

Original Par Amount =	$1,195,000	Annual Principal Payments Due =	May 1st	
Interest Rate =	2.52% - 6.75%	Annual Interest Payments Due =	May 1st & November 1st	
Issue Date =	January 2017			
Maturity Date =

Par Amount As Of 1/1/26 =	May 2033

$580,000			

III

Hypoluxo/Haverhill Community Development District Assessment Comparison

Fiscal Year	Fiscal Year	Fiscal Year	Fiscal Year	Fiscal Year	
2022/2023	2023/2024	2024/2025	2025/2026	2026/2027	
	Assessment*		  Assessment*		  Assessment*		  Assessment*			Projected Assessment*		

O & M

$	301.57	$

301.50	$

301.46	$

383.49	$

383.38

Debt

 $	364.33

 $	364.33

$	364.33

$	364.33

 $	364.33

Total

$	665.90	$

665.83	$

665.79	$

747.82	$

747.71

* Assessments Include the Following :	 4% Discount for Early Payments
1% County Tax Collector Fee
1% County Property Appraiser Fee
 Community Information:		 Total Units	274

IV

RESOLUTION NO. 2026-03

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE HYPOLUXO/HAVERHILL	COMMUNITY	DEVELOPMENT DISTRICT, ESTABLISHING A REGULAR MEETING SCHEDULE FOR FISCAL YEAR 2026/2027 AND SETTING THE TIME AND LOCATION OF SAID DISTRICT MEETINGS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, it is necessary for the Hypoluxo/Haverhill Community Development District ("District") to establish a regular meeting schedule for fiscal year 2026/2027; and

WHEREAS, the Board of Supervisors of the District has set a regular meeting schedule, location and time for District meetings for fiscal year 2026/2027 which is attached hereto and made a part hereof as Exhibit “A”.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE HYPOLUXO/HAVERHILL COMMUNITY DEVELOPMENT DISTRICT, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:

Section 1.   The above recitals are hereby adopted.

Section 2.  The regular meeting schedule, time and location for meetings for fiscal year 2026/2027 which is attached hereto as Exhibit “A” is hereby adopted and authorized to be published.
PASSED, ADOPTED and EFFECTIVE this 19th day of August, 2026
.

ATTEST:	HYPOLUXO/HAVERHILL
COMMUNITY DEVELOPMENT DISTRICT

By:			By:		 Secretary/Assistant Secretary			Chairperson/Vice Chairperson

HYPOLUXO/HAVERHILL COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2026/2027 REGULAR MEETING SCHEDULE
NOTICE IS HEREBY GIVEN that the Board of Supervisors of the Hypoluxo/Haverhill Community Development District will hold Regular Meetings in the Conference Room of Special District Services, Inc. located at 2501A Burns Road, Palm Beach Gardens, Florida 33410 at 9:00 a.m. on the following dates:
October 14, 2026
November 11, 2026
December 9, 2026
January 13, 2027
February 10, 2027
March 10, 2027
April 14, 2027
May 12, 2027
June 9, 2027
July 14, 2027
August 11, 2027
September 8, 2027

The purpose of the meetings is to conduct any business coming before the Board. Meetings are open to the public and will be conducted in accordance with the provisions of Florida law. Copies of the Agendas for any of the meetings may be obtained from the District’s website or by contacting the District Manager at (561) 630-4922 and/or toll free at 1-877-737-4922 prior to the date of the particular meeting.

From time to time one or more Supervisors may participate by telephone; therefore a speaker telephone will be present at the meeting location so that Supervisors may be fully informed of the discussions taking place. Meetings may be continued as found necessary to a time and place specified on the record.

If any person decides to appeal any decision made with respect to any matter considered at these meetings, such person will need a record of the proceedings and such person may need to ensure that a verbatim record of the proceedings is made at his or her own expense and which record includes the testimony and evidence on which the appeal is based.
In accordance with the provisions of the Americans with Disabilities Act, any person requiring special accommodations or an interpreter to participate at any of these meeting should contact the District Manager at (561) 630-4922 and/or toll-free at 1-877-737-4922 at least seven (7) days prior to the date of the particular meeting.

Meetings may be cancelled from time to time without advertised notice.

HYPOLUXO/HAVERHILL COMMUNITY DEVELOPMENT DISTRICT

www.hypoluxohaverhillcdd.org PUBLISH: THE PALM BEACH POST

MEMORANDUM
TO:	District Manager

FROM:	Billing Cochran, P.A. District Counsel

DATE:	June 11, 2026

RE:	2026 Legislative Update

As District Counsel, throughout the year we continuously monitor pending legislation that may be applicable to the governance and operation of our Community Development District and other Special District clients. It is at this time of year that we summarize those legislative acts that have become law during the most recent legislative session, as follows:

Chapter [TBD], Laws of Florida (HB 0145). This legislation amends the sovereign‑immunity statute to raise liability caps and change tort‑claim procedures for government entities. The bill revises Section 768.28, Florida Statutes, increasing the statutory limits on damages recoverable against the state and its agencies/subdivisions (including special districts). For causes of action accruing on or after October 1, 2026, the liability caps increase from $200,000 to $350,000 per person and from $300,000 to $500,000 per incident. The bill also authorizes state agencies and subdivisions to settle claims or judgments in excess of those caps, up to available insurance limits, without requiring a legislative claims bill.

The bill authorizes a state subdivision (e.g. counties, municipalities, special districts including CDDs) to settle a claim or judgment in excess of the statutory cap without requiring a separate legislative claim bill, so long as settlement is within insurance coverage limits. The bill prohibits any insurance policy issued on or after October 1, 2026, from conditioning liability coverage or payment on the later enactment of a legislative claim bill.

In addition, the bill shortens the pre-suit notice period by requiring claimants to present a claim to the appropriate agency within 18 months after accrual of the claim, rather than the current three-year period. It also revises the statute of limitations by requiring most negligence actions against governmental entities to be filed within two (2) years, while maintaining existing limitations periods for medical malpractice, wrongful death, and contribution claims. The bill also reduces the time for an agency or the Department of Financial Services to make a final disposition of a claim before it is deemed denied, from six (6) months to four (4) months.

This law applies directly to CDDs because CDDs are among the “subdivisions” of state government covered by section 768.28, Florida Statutes. As such CDDs may now be subject to higher damage awards for tort claims.

Chapter [TBD], Laws of Florida (HB 273). This legislation revises Florida law governing state financial assistance and rural economic development programs to include certain

special districts and improve payment processing for eligible rural entities. The bill amends Section 215.971, Florida Statutes to allow state agencies, under certain conditions, to directly facilitate or expedite payment of invoices for counties, municipalities, and qualifying special districts, particularly those located in rural areas or designated rural areas of opportunity. It authorizes agencies to structure agreements so that eligible rural governments and certain special districts, especially those providing water and wastewater services, receive faster payment processing for verified, completed work. The intent is to reduce financial strain and cash flow challenges that rural entities often face when administering state-funded projects, while preserving existing legal and regulatory requirements. The legislation also amends Section 288.0656, Florida Statutes to expand the definition of “rural community” to explicitly include independent special districts that provide water and wastewater services within rural areas of opportunity. This expansion makes those districts eligible for rural economic development support programs and related state assistance. The act takes effect July 1, 2026.

This legislation applies CDDs in a limited and conditional way, depending on the type of CDD and the services it provides. CDDs that are involved in state-funded infrastructure projects, such as water, wastewater, drainage, or utility improvements, may benefit from the amendment to Section 215.971, Florida Statutes. If a CDD is acting as a recipient or sub recipient of state financial assistance, the law allows state agencies to structure agreements so that invoices can be processed and paid more quickly for verified work. This can improve cash flow for CDDs building infrastructure, particularly smaller or rural CDDs that rely on this type of reimbursement funding. Second, the bill’s expansion of the definition of “rural community” under Section 288.0656, Florida Statutes generally does not directly include most CDDs, because eligibility is tied primarily to counties, municipalities, and independent special districts providing water and wastewater services in rural areas of opportunity. A typical CDD would only benefit if it meets those narrow conditions, meaning it operates in a qualifying rural area and functions in a way that aligns with the statutory definition (or is structured similarly to an independent utility-focused district).

Chapter [TBD], Laws of Florida (HB 0655). This legislation creates a new exemption under Florida law (Section 70.90, Florida Statutes) that allows agencies to hold closed attorney-client meetings during the 90-day notice period for claims brought under the Bert J. Harris, Jr., Private Property Rights Protection Act. These closed meetings are limited to discussions between the agency and its attorney for purposes of settlement strategy or negotiation of private property rights claims. While the meetings are exempt from Florida’s Sunshine Law, they must still be recorded by a certified court reporter, fully transcribed, and later released as a public record once the claim is resolved or the statute of limitations expires if no settlement or litigation occurs.

The law also creates a temporary public records exemption for the transcripts, recordings, minutes, and related materials generated during these closed sessions, ensuring confidentiality during active negotiations. However, this exemption is not permanent; it is subject to future legislative review and sunsets in 2031 unless reenacted. The act takes effect July 1, 2026.

The law allows a CDD Board of Supervisors to hold closed attorney-client sessions when the CDD is facing a pre-suit claim under the Bert J. Harris, Jr., Private Property Rights Protection Act regarding topics such as land use impacts, infrastructure construction, easement disputes, and development-related claims that can trigger property rights assertions under the Bert Harris Act.

During these closed sessions, the CDD can privately discuss settlement strategy with its attorney without public disclosure of sensitive legal positions. However, the exemption is narrow and procedural. The CDD must still provide public notice of the meeting, the session must begin and end in an open meeting, and a certified court reporter must record everything discussed. Although the discussion is confidential at the time, the transcript becomes a public record once the claim is resolved or the statutory timeframe expires if no settlement or lawsuit is filed.

Chapter 2026-115, Laws of Florida (HB 1085). This legislation creates the Local Government Cybersecurity Protection Program within the Florida Digital Service to assist local governments in strengthening cybersecurity defenses, particularly against threats such as ransomware. It establishes a statewide grant and procurement program that allows eligible local governments to access cybersecurity-related information technology commodities and services through contracts managed by the Florida Digital Service, with a preference for fiscally constrained counties. The program also requires data-sharing agreements between the state and participating local governments to support threat detection, prevention, and incident response.

Local governments may either apply for grants or independently purchase cybersecurity services through state-negotiated contracts, though the local government remains responsible for any associated costs. The law further requires annual reporting to the Governor and Legislature on program participation, funding, and outcomes, ensuring oversight and transparency. The program is set to operate through 2031 unless reenacted. The act takes effect July 1, 2026.

This law applies to CDDs because CDDs are local governments for many operational purposes, including infrastructure, procurement, and administrative functions, and therefore fall within the category of eligible participants under the Local Government Cybersecurity Protection Program. CDDs would be able to access state-negotiated cybersecurity contracts and services through the Florida Digital Service to improve protection of district systems. Even if a CDD does not apply for a cybersecurity grant, it may still purchase cybersecurity commodities and services through the state contracts, which could help reduce costs and improve security standards. However, participation is optional rather than mandatory, and CDDs remain responsible for all costs associated with any purchases or services obtained under the program.

Chapter [TBD], Laws of Florida (SB 1180). This legislation makes several targeted but significant changes to the law governing CDDs under Chapter 190, Florida Statutes, with the most important impact being the creation of a formal recall process for elected board members. The bill’s primary feature is the creation of a new statutory section establishing a detailed procedure that allows qualified electors within a CDD to remove elected members of the board of supervisors through a recall process. The law limits recall to specific grounds such as malfeasance, misfeasance, neglect of duty, incompetence, drunkenness, permanent inability to perform duties, or conviction of certain felonies. It sets out a structured, multi-step process that begins with a petition signed by at least 10 percent of eligible voters, followed by verification of signatures, the preparation of a formal record of recall proceedings, and then a second petition requiring 15 percent of electors to trigger a recall referendum. If the referendum proceeds, a majority vote determines whether the board member is removed from office, and any resulting vacancy is filled according to existing statutory procedures. The legislation also imposes campaign finance requirements on recall efforts, establishes timelines, governs petition form and verification, allows limited

withdrawal of signatures, and creates penalties for fraud or misconduct in the petition process. In addition to the recall framework, the bill clarifies that CDD board members elected by residents are subject to recall, aligning CDD governance more closely with other forms of local government accountability. It also provides that individuals removed by recall, or who resign after a recall petition is filed, are ineligible for reappointment to the board for two years.

The legislation further revises the definition of “compact, urban, mixed-use district” under Section 190.003, Florida Statutes. The revised definition applies to districts consisting of a maximum of 75 acres located within a municipality and within either a qualified opportunity zone or a community redevelopment area. The amendment clarifies qualifying development thresholds by providing that such districts must include either at least 400,000 square feet of retail development and 500 residential units, or at least 250,000 square feet of commercial development and 500 affordable residential rental units for very-low-income, low-income, or moderate-income persons. This revision is significant for developers because it affects eligibility and structuring considerations for the creation of certain community development districts.

The legislation clarifies that restrictions on local regulation of synthetic turf do not prevent a CDD from enforcing private deed restrictions, preserving a CDD’s ability to uphold community standards through covenants. The act takes effect July 1, 2026.

This law applies directly to CDDs because it creates, for the first time, a formal statutory process that allows residents to recall elected members of a CDD board of supervisors. It introduces clear procedures, thresholds, and legal standards for removal, thereby increasing accountability of board members to district electors. The law also clarifies that CDDs may continue enforcing deed restrictions despite broader limits on local regulation of synthetic turf and updates certain statutory definitions affecting district formation and development. Overall, the most significant impact is the shift toward greater resident oversight and governance accountability within CDDs.

Chapter 2026-3, Laws of Florida (SB 290). This legislation revises multiple areas of state law, with a primary focus on agriculture, public safety, contractor regulation, and consumer protection. A significant component of the legislation strengthens contractor and vendor accountability by requiring contractors to pay subcontractors and suppliers within 45 days of receiving payment, or in accordance with contractual terms, and authorizing disciplinary action for noncompliance. Additionally, vendors that default on contracts, fail to pay subcontractors, or demonstrate repeated poor performance may be suspended or barred from public contracting for up to five years.

The bill further clarifies and reinforces how public entities may lawfully spend funds and administer contracts for public purposes. The legislation affirms that public funds may be used for core governmental infrastructure and improvements, such as public buildings, emergency shelters, affordable housing, and energy efficiency projects, thereby helping to define the scope of permissible capital projects and expenditures. At the same time, it places limitations on the use of public funds for certain privately owned facilities, reinforcing the principle that expenditures must primarily serve a valid public purpose rather than confer a disproportionate private benefit. The act takes effect July 1, 2026.

This law applies directly to CDDs because CDDs function as local units of special-purpose government that procure services, manage infrastructure, and enter into public contracts. Since a CDD regularly contracts for construction, maintenance, and infrastructure improvements, the new requirement that contractors timely pay subcontractors and suppliers directly affects how a CDD administers its contracts. In addition, the provisions allowing suspension or disqualification of nonperforming vendors from public contracting are relevant to CDD procurement practices, especially where the district adopts or mirrors state purchasing standards. CDDs routinely finance and construct infrastructure such as roadways, utilities, stormwater systems, and public facilities. Clarifications regarding allowable public expenditures, such as for government buildings, emergency shelters, and infrastructure, help define the scope of permissible CDD projects and may influence how CDDs’ structure future capital plans and bond-funded improvements.

Portions of the bill related to consumer protection and fraud prevention, including prohibitions on misrepresentation (such as impersonating officials), have indirect relevance. CDDs and District Management interact with residents, property owners, and contractors, so these provisions reinforce broader legal standards around transparency, proper representation, and avoidance of deceptive practices in district operations.

Chapter 2026-7, Laws of Florida (HB 399). This legislation is a comprehensive land use and development reform measure that primarily limits local government discretion in permitting, zoning, and development regulation while promoting consistency, affordability, and predictability in the development process. A central component of the legislation requires that application fees for development permits and orders imposed by counties and municipalities must be directly tied to the actual costs of reviewing and processing applications, must be publicly listed, and may not be based on construction value or project cost, thereby preventing fee structures that scale with development size rather than administrative expense. The act takes effect upon becoming law.
Even though CDDs do not exercise zoning or land use regulatory authority, the law applies to CDDs as infrastructure and service providers within the framework established by counties and municipalities. As a result, the bill’s restrictions on local governments, particularly those related to development permitting, zoning, and land development regulations, will shape the regulatory environment in which CDDs plan, finance, and construct infrastructure.

The provisions limiting development application fees to actual administrative costs may reduce overall project costs for developments within CDD boundaries, which can influence the scope and timing of infrastructure financed by the CDD, including roads, utilities, and stormwater systems. Similarly, the requirement for more objective and clearly defined compatibility standards, along with limits on discretionary denials, may create a more predictable entitlement process, allowing CDDs to better coordinate infrastructure planning with approved development timelines and reduce delays that can affect bond issuances or capital improvement programs.

Although Chapter 2026-7 does not directly regulate CDD powers or governance, it significantly affects the local government land use framework that CDDs rely on, thereby affecting development timing, infrastructure planning, financing, and overall project feasibility within district boundaries.

Chapter [TBD], Laws of Florida (HB 967). This legislation establishes a clear legislative intent that local governments must accept electronic forms of payment, including credit cards, debit cards, charge cards, and electronic funds transfers, and specifically requires units of local government to offer online payment options. This applies broadly to counties, municipalities, special districts, and other local government entities, as well as constitutional officers such as clerks of court and tax collectors, unless another form of payment is required by law.

The legislation also preserves existing authority allowing local governments to pass along processing fees to users who choose electronic payment methods and confirms that governments are not liable for verifying card validity or available funds when processing such transactions. Importantly, it mandates that if a local government accepts electronic payments, it must also maintain an online system for doing so, reinforcing a statewide push toward digital accessibility and standardized payment options.

This legislation requires CDDs that collect any type of payment, such as fees, user charges, amenity payments, permit-related charges, or other CDD revenues, to offer electronic payment options, including credit cards, debit cards, and electronic funds transfers. It also specifically requires that if a CDD accepts electronic payments at all, it must maintain a system for accepting those payments online, which may require updates to CDD websites, billing platforms, or third-party payment processors. The legislation also allows CDDs to continue passing through processing fees associated with electronic payments (such as credit card convenience fees), and it preserves their ability to require verification of payment validity and sufficient funds. However, it removes discretion in practice by making online payment capability a mandatory feature for any CDD that accepts electronic payments in any form.

For convenience, we have included copies of the legislation referenced in this memorandum. We request that you include this memorandum as part of the agenda packages for upcoming meetings of the governing boards of those special districts in which you serve as the District Manager and this firm serves as District Counsel. For purposes of the agenda package, it is not necessary to include the attached legislation, as we can provide copies to anyone requesting the same. Copies of the referenced legislation are also accessible by visiting this link: http://laws.flrules.org/.