Florida Community Development Districts
Nearly 600 community development districts (CDD) have been established in Florida primarily for the purpose of financing infrastructure, such as roads, water, and sewer facilities, that the State of Florida, local counties, and local municipalities were unable or unwilling to finance and install.
We represent various parties — including developers, bondholders, underwriters for the bonds, trustees for the bondholders, the CDD, and financial institutions that finance additional infrastructure and amenities not constructed by the CDD — in planning, formation, operation, litigation, and workouts.
We will represent the developer in the formation of the CDD, the revisions to the limited offering memorandum for the bonds, preparation of the local counsel opinions, and the negotiating and drafting of developer agreements between the developer and the CDD; draft all bond documents and tax opinions, and draft and revise the limited offering memorandum from the perspective of the bondholder and the developer; review and analyze the assessment methodology and the implementation of the assessment methodology on the sales of all property within the CDD; and handle CDD workout issues, including authorization of late CDD assessment payments, forbearance agreements, and representation of banks in foreclosure lawsuits and developer bankruptcy filings where the CDDs have the first lien priority.