HB 769

1
A bill to be entitled
2An act relating to the Lealman Special Fire Control
3District, Pinellas County; amending chapter 2000-426, Laws
4of Florida, as amended; reducing the maximum ad valorem
5millage rate that may be levied by the district; providing
6requirements for the annexation of the unincorporated
7territory of the district by a municipality; requiring the
8approval of an annexation at a referendum; providing for
9future expiration of the requirements for annexation;
10providing that a referendum is not required to approve the
11levy of an ad valorem tax at a millage rate less than a
12millage rate previously approved by referendum; providing
13an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Sections 8, 11, and 15 of section 1 of chapter
182000-426, Laws of Florida, as amended by chapters 2002-352 and
192007-288, Laws of Florida, are amended to read:
20     Section 8.  Taxes; non-ad valorem assessments; impact fees;
21user charges; bond issuance.-
22     (1)  The District shall also hold all powers, functions,
23and duties set forth in this Act and chapters 189, 191, and 197,
24Florida Statutes, as amended from time to time, including, but
25not limited to, ad valorem taxation, bond issuance, other
26revenue-raising capabilities, budget preparation and approval,
27liens and foreclosure of liens, use of tax deeds and tax
28certificates as appropriate for non-ad valorem assessments, and
29contractual agreements; however, an ad valorem tax levied by the
30Board for operating purposes, exclusive of debt service on
31bonds, may not exceed 5.5 10 mills if approved by a majority
32vote of qualified electors of the district voting in a
33referendum election providing for such millage rate. The
34District may be financed by any method established in this Act,
35chapter 189, or chapter 191, Florida Statutes, as amended from
36time to time.
37     (2)  The methods for assessing and collecting non-ad
38valorem assessments, fees, or service charges shall be as set
39forth in chapter 170, chapter 189, chapter 191, or chapter 197,
40Florida Statutes, as amended from time to time.
41     Section 11.  Annexation of territories by municipalities.-
42     (1)  For the purposes and requirements of this act, after
43the annexation by a municipality of any unincorporated area
44within the Lealman Special Fire Control District, the annexed
45area shall be treated as lying within the corporate boundaries
46of the annexing municipality and shall not be subject to a levy
47of the ad valorem tax that is authorized by this act.
48     (2)  Notwithstanding any other provision of law, a
49municipality may not annex any unincorporated territory situated
50within the Lealman Special Fire Control District, except an area
51defined as an enclave pursuant to section 171.031(13), Florida
52Statutes, unless the annexation is of all of the territory of
53the district and the annexation is approved by a majority vote
54of the electors of the district voting in a referendum called
55for that purpose. This subsection expires May 1, 2016.
56     Section 15.  Referendum.-
57     (1)  The provisions of section 8 which authorize the levy
58of ad valorem taxation shall take effect only upon express
59approval by a majority vote of those qualified electors of the
60district, as required by Section 9, Article VII, of the State
61Constitution, voting in a referendum to be held in conjunction
62with the next general election. Such election shall be held in
63accordance with the provisions of law relating to elections
64currently in force in the district.
65     (2)  This act does not require a referendum to approve the
66levy of an ad valorem tax at a millage rate less than a millage
67rate previously approved by referendum pursuant to this act.
68     Section 2.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.