TITLE
ORDINANCE GRANTING PETITION OF BISCAYNE DRIVE ESTATES COMMUNITY DEVELOPMENT DISTRICT, GENERALLY BOUNDED, AS AMENDED, ON THE NORTH BY SW 284 STREET, ON THE EAST BY SW 167 AVENUE, ON THE SOUTH BY THEORETICAL SW 293 STREET, AND ON THE WEST BY SW 177 AVENUE (KROME AVENUE); AMENDING THE BOUNDARIES OF THE DISTRICT TO EXPAND ITS TOTAL ACREAGE BY APPROXIMATELY 54.43 ACRES; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE

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WHEREAS, the Florida Legislature created and amended chapter 190, Florida Statutes, to provide an alternative method to finance and manage basic services for community development; and

WHEREAS, section 1.01(A)(21) of the Miami-Dade County Home Rule Charter grants the Board of County Commissioners (�Board�) the authority to exercise all powers and privileges granted to municipalities and counties by the laws of this State; and

WHEREAS, article VIII, section 6(e) of the Florida Constitution provides the authority for Miami-Dade County, through its charter, to provide a method for establishing new governmental units in Miami-Dade County and provide for their government and prescribe their jurisdiction and powers; and

WHEREAS, at its meeting on October 5, 2021, the Board adopted Ordinance No. 21-101 establishing the Biscayne Drive Estates Community Development District (�District� or �Petitioner�) and providing for specific boundaries of the District; and

WHEREAS, pursuant to section 190.046, Florida Statutes, the District may petition and the Board has the authority to expand the boundaries of a community development district within its jurisdiction; and

WHEREAS, the Board of Supervisors (Petitioner) of Biscayne Drive Estates CDD has submitted a petition to expand the District�s boundaries by approximately 54.43 acres, resulting in a total increase in acreage of the District from 64.02 acres to 118.45 acres; and

WHEREAS, a public hearing has been conducted by the Board in accordance with the requirements and procedures of sections 190.005(2)(b) and 190.046(1), Florida Statutes, and the applicable requirements and procedures of the Miami-Dade County Home Rule Charter and the Code of Miami-Dade County (�Code�); and

WHEREAS, the District, as expanded, will constitute a timely, efficient, effective, responsive and economic way to deliver community development services in the area, thereby providing a solution to the County�s planning, management and financing needs for delivery of capital infrastructure therein without overburdening the County and its taxpayers; and

WHEREAS, the Board finds that the statements contained in the petition to expand the District�s boundaries are true and correct; and

WHEREAS, the expansion of the District�s boundaries is not inconsistent with any applicable element or portion of the state comprehensive plan or the Miami-Dade County Comprehensive Development Master Plan; and

WHEREAS, the area of land within the District, as expanded, is sufficiently compact and sufficiently contiguous to be developable as one functional interrelated community and the area of land being added does not impact such functionality; and

WHEREAS, the District, as expanded, is the best alternative available for delivering the community development services and facilities that will be provided by the District, and the area of land being added will not impact such delivery; and

WHEREAS, the community development facilities and services of the District, as expanded, will not be incompatible with the capacity and uses of existing local and regional community development services and facilities; and

WHEREAS, the area that will be served by the District, as expanded, is amenable to separate special district government; and

WHEREAS, having made the foregoing findings, after a public hearing, the Board wishes to exercise the powers bestowed upon it by section 1.01(A)(21) of the Miami-Dade County Home Rule Charter in the manner provided by chapter 190, Florida Statutes,

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:

Section 1. The foregoing findings, which are expressly set forth herein, are hereby adopted and made a part hereof.

Section 2. The petition to expand the District to include the real properties described therein, which was filed by the petitioner on February 3, 2026, and which petition is on file at the Office of the Clerk of the Board, is hereby granted. A copy of the petition is attached and incorporated herein as Exhibit 1 to the Ordinance.

Section 3. The external boundaries of the District, as expanded, are sufficiently contiguous and shall be as depicted in the certified metes and bounds legal description attached hereto and incorporated herein as Exhibit 2 to the Ordinance. Furthermore, the external boundaries shall be as depicted on the location map attached hereto and incorporated herein as Exhibit 3 to the Ordinance.

Section 4. Except to expand the boundaries of the District as provided herein, this Ordinance does not affect, expand, or modify Ordinance No. 21-101.

Section 5. If any section, subsection, sentence, clause or provision of this Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity.

Section 6. It is the intention of the Board, and it is hereby ordained that the provisions of this Ordinance shall be excluded from the Code.

Section 7. The provisions of this Ordinance shall become effective 10 days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

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Date:

To: Honorable Chairman Anthony Rodriguez
and Members, Board of County Commissioners

From: Daniella Levine Cava
Mayor

Subject: Ordinance Amending the Biscayne Drive Estates Community Development District

STAFF RECOMMENDATION
Executive Summary
The purpose of this item is to gain authorization from the Board of County Commissioners (Board) to amend a Community Development District (CDD) in Unincorporated Miami-Dade County (County). CDDs are a local unit of special-purpose government created according to Chapter 190 of the Florida Statutes.

Recommendation
It is recommended that the Board adopt the attached Ordinance amending the boundaries of the Biscayne Drive Estates Community Development District (District). This District lies wholly within Unincorporated Miami-Dade County and will be expanding by approximately 54.43 acres, increasing the total acreage of the District from approximately 64.02 acres to 118.45 acres pursuant to the authority granted by the Miami-Dade County Home Rule Charter for the purposes set forth in Chapter 190 of the Florida Statutes, subject to the acceptance of the Declaration of Restrictive Covenants running with the lands within the jurisdiction of the CDD.

Scope
The District is located within Commission District 8, which is represented by County Commissioner Danielle Cohen Higgins, and will provide funding for capital improvements, as well as multipurpose maintenance functions, within the District. In accordance with Rule 5.06(k) of the Board's Rules of Procedure, Commissioner Higgins has been notified in writing that the department received a petition to create the District within the boundaries of Commission District 8.

Fiscal Impact/Funding Source
Amending the boundaries of the District will have no fiscal impact on the County�s budget. CDD funding is derived from assessments levied against the properties within the CDD, which are secured by a lien against the properties and collected directly by the CDD or through the annual Combined Real Property tax bill pursuant to an interlocal agreement with the County. Adoption of this Ordinance will not affect the District assessments of the individual owners within the original District boundaries but will extend District assessments to individual owners in the expanded area.

Social Equity Statement
The proposed Ordinance grants a petition for the amendment of the District, pursuant to the procedures and factors set forth in section 190.046, Florida statutes.

If approved, pursuant to Chapter 190, Florida Statutes, the District will have the power to levy taxes and special assessments and charge, collect, and enforce fees and other user charges affecting property owners within the District, regardless of their demographics. The CDD is a timely, efficient, effective, responsive, and economic way to deliver and finance basic community development services.
Track Record/Monitor
This development has private roads that are to be maintained by a Homeowners� Association (HOA) or the District. Abess and Abess South Multipurpose Maintenance Special Taxing Districts (Special Taxing Districts) will be created to maintain the development�s infrastructure, such as private roadways, private area storm drainage, and landscaping, should the HOA or District be dissolved or fail to fulfill its maintenance obligations. The Special Taxing Districts will remain dormant until such time as the County determines to implement the Special Taxing Districts. Oversight of CDDs is the responsibility of the State.

Delegation of Authority
This Ordinance does not delegate any authority to the County Mayor or designee.

Background
Biscayne Drive Estates CDD (�Petitioner�) has filed an application to amend the District in connection with said development. The District was created by the Board on October 5, 2021, pursuant to Ordinance No. 21-101. The District�s original boundaries encompass approximately 64.02 acres with approximately $11.247 million in infrastructure costs servicing approximately 153 residential units. Upon adoption of the attached Ordinance, the District�s boundaries will be increased by a net acreage of approximately 54.43 acres and 166 additional residential units encompassing a total of approximately 118.45 acres and 319 residential units. The infrastructure costs for the expansion will be approximately $15.08 million. A detailed summary of CDD elements, as well as the cost and anticipated lack of fiscal impacts to government agencies, are presented in the attached application. In accordance with Chapter 190, Florida Statutes, the Petitioner has paid a filing fee of $15,000.00 and $9,000.00 for future advertising costs to the County.

A Declaration of Restrictive Covenants has been submitted consistent with the requirements of Resolution R-413-05 adopted by the Board on April 5, 2005, and as amended by Resolution No. R-883-06, which was adopted on July 18, 2006, to add language regarding the option to pay capital assessments in full at the time of closing. The Declaration of Restrictive Covenants provides for: (1) notice in the public records of the projected taxes and assessments to be levied by the District; (2) individual prior notice to the initial purchaser of a residential lot or unit within the development; and (3) provisions for remedial options to initial purchasers whose contract for sale did not include timely notice of the existence and extent of CDD liens and special assessments.

This Board is authorized by the Florida Constitution and the County Home Rule Charter to establish governmental units, such as this CDD, within the County and to prescribe such government�s jurisdiction and powers.

Attachment



_____________________
Roy Coley
Chief Utilities and Regulatory Services Officer