Florida Senate - 2016 SB 264 By Senator Smith 31-00179-16 2016264__ 1 A bill to be entitled 2 An act relating to a special assessment for law 3 enforcement services; creating s. 166.225, F.S.; 4 authorizing a municipality to levy a special 5 assessment to fund the costs of providing law 6 enforcement services; requiring a municipality to 7 adopt an ordinance and reduce its ad valorem millage 8 to levy the special assessment; providing a 9 methodology for the apportionment of the special 10 assessment and the reduction of the ad valorem 11 millage; requiring the property appraiser to list the 12 special assessment on the notice of proposed property 13 taxes; specifying exceptions to the reduction of the 14 ad valorem millage by more than a certain percentage; 15 authorizing the Department of Revenue to adopt rules 16 and forms; providing for construction; providing an 17 effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Section 166.225, Florida Statutes, is created to 22 read: 23 166.225 Law enforcement services special assessment.— 24 (1) GENERAL.—The governing body of a municipality may levy 25 a law enforcement services special assessment to fund all or a 26 portion of its costs of providing law enforcement services if 27 the governing body: 28 (a) Adopts an ordinance levying the law enforcement 29 services special assessment which apportions the cost of law 30 enforcement services among the parcels of real property in the 31 municipality in reasonable proportion to the benefit each parcel 32 receives, but levies no more than $200 per parcel; and 33 (b) Reduces its ad valorem millage pursuant to subsection 34 (3). 35 (2) APPORTIONMENT METHODOLOGY.—The methodology used to 36 determine the benefit that a parcel of real property derives 37 from law enforcement services may be based on the following: 38 (a) The square footage of structures on the parcel. 39 (b) The location of the parcel. 40 (c) The use of the parcel. 41 (d) The projected amount of time that the municipal law 42 enforcement agency will spend serving and protecting the parcel, 43 with assessed parcels grouped by neighborhood, zone, or category 44 of use. Projections may include the amount of time that will be 45 spent responding to calls for law enforcement services and the 46 amount of time that law enforcement officers will spend 47 patrolling or regulating traffic on the streets that provide 48 access to the parcel. 49 (e) The value of the real property served or protected, 50 including the value of each structure on the parcel and the 51 structure’s contents. However, this factor may not be used as 52 the sole factor or as a major factor in determining the benefit 53 of law enforcement services to a parcel of real property. 54 (f) Any other factor that may reasonably be used to 55 determine the benefit of law enforcement services to a parcel of 56 real property. 57 (3) REDUCTION IN AD VALOREM MILLAGE.— 58 (a) In the first year that the special assessment is 59 levied, the governing body of the municipality must reduce its 60 ad valorem millage, calculated as if there were no law 61 enforcement services assessment, by the millage that would be 62 required to collect revenue equal to the revenue that the 63 governing body expects to collect from the special assessment. 64 (b) When preparing the notice of proposed property taxes 65 pursuant to s. 200.069 in the first year of the assessment, the 66 governing body of the municipality shall calculate the rolled 67 back millage rate pursuant to s. 200.065(5) and shall determine 68 the preliminary proposed millage rate as if there were no law 69 enforcement services assessment. The governing body shall then 70 adopt the proposed law enforcement services assessment and 71 determine the equivalent millage rate pursuant to paragraph (a). 72 The preliminary proposed millage rate must then be reduced by 73 the amount of the law enforcement services assessment equivalent 74 millage rate and the resulting millage rate reported to the 75 property appraiser, together with the amount of the law 76 enforcement services assessment, pursuant to the notice 77 requirements of ss. 200.065 and 200.069. The property appraiser 78 shall list the law enforcement services assessment on the notice 79 of proposed property taxes below the line in the columns 80 reserved for non-ad valorem assessments. After the first year of 81 the assessment, the millage rate and rolled-back rate for the 82 notice of proposed property taxes must be calculated pursuant to 83 s. 200.065(5) and be based on the adopted millage rate from the 84 previous year. 85 (c) Notwithstanding paragraph (a), the governing body of a 86 municipality is not required to reduce its millage, excluding 87 millage approved by a vote of the electors and millage pledged 88 to repay bonds, by more than 75 percent, or by more than 50 89 percent if the ordinance levying the law enforcement services 90 assessment is approved by a two-thirds vote of the governing 91 body of the municipality. 92 (4) RULES AND FORMS.—The Department of Revenue may adopt 93 rules and forms necessary to administer this section. 94 (5) CONSTRUCTION.—The levy of a law enforcement services 95 special assessment pursuant to this section shall be construed 96 as being authorized by general law in accordance with ss. 1 and 97 9, Art. VII of the State Constitution. 98 Section 2. This act shall take effect July 1, 2016.