Florida Senate - 2011 (NP) SB 1980 By Senator Latvala 16-00244B-11 20111980__ 1 A bill to be entitled 2 An act relating to the Lealman Special Fire Control 3 District, Pinellas County; amending chapter 2000-426, 4 Laws of Florida, as amended; reducing the maximum ad 5 valorem millage rate that may be levied by the 6 district; providing requirements for the annexation of 7 the unincorporated territory of the district by a 8 municipality; requiring the approval of an annexation 9 by a referendum of the electors within the district; 10 providing for future expiration of the requirements 11 for annexation; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Sections 8, 11, and 15 of section 1 of chapter 16 2000-426, Laws of Florida, as amended by chapters 2002-352 and 17 2007-288, Laws of Florida, are amended to read: 18 Section 8. Taxes; non-ad valorem assessments; impact fees; 19 user charges; bond issuance.— 20 (1) The District shall also hold all powers, functions, and 21 duties set forth in this Act and chapters 189, 191, and 197, 22 Florida Statutes, as amended from time to time, including, but 23 not limited to, ad valorem taxation, bond issuance, other 24 revenue-raising capabilities, budget preparation and approval, 25 liens and foreclosure of liens, use of tax deeds and tax 26 certificates as appropriate for non-ad valorem assessments, and 27 contractual agreements; however, an ad valorem tax levied by the 28 Board for operating purposes, exclusive of debt service on 29 bonds, may not exceed 5.510mills if approved by a majority 30 vote of qualified electors of the district voting in a 31 referendum election providing for such millage rate. The 32 District may be financed by any method established in this Act, 33 chapter 189, or chapter 191, Florida Statutes, as amended from 34 time to time. 35 (2) The methods for assessing and collecting non-ad valorem 36 assessments, fees, or service charges shall be as set forth in 37 chapter 170, chapter 189, chapter 191, or chapter 197, Florida 38 Statutes, as amended from time to time. 39 Section 11. Annexation of territories by municipalities.— 40 (1) For the purposes and requirements of this act, after 41 the annexation by a municipality of any unincorporated area 42 within the Lealman Special Fire Control District, the annexed 43 area shall be treated as lying within the corporate boundaries 44 of the annexing municipality and shall not be subject to a levy 45 of the ad valorem tax that is authorized by this act. 46 (2) Notwithstanding any other provision of law, a 47 municipality may not annex any unincorporated territory situated 48 within the Lealman Special Fire Control District, except an area 49 defined as an “enclave” pursuant to s. 171.031(13), Florida 50 Statutes, unless the annexation is of all of the territory of 51 the district and the annexation is approved by a majority vote 52 of the electors of the district voting in a referendum called 53 for that purpose. This subsection expires May 1, 2016. 54 Section 15. Referendum.— 55 (1) The provisions of section 8 which authorize the levy of 56 ad valorem taxation shall take effect only upon express approval 57 by a majority vote of those qualified electors of the district, 58 as required by Section 9, Article VII, of the State 59 Constitution, voting in a referendum to be held in conjunction 60 with the next general election. Such election shall be held in 61 accordance with the provisions of law relating to elections 62 currently in force in the district. 63 (2) This act does not require a referendum to approve the 64 levy of an ad valorem tax at a millage rate less than a millage 65 rate previously approved by referendum pursuant to this act. 66 Section 2. This act shall take effect upon becoming a law.