House Bill 0841

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    Florida House of Representatives - 2000                 HB 841

        By Representative Ogles






  1                      A bill to be entitled

  2         An act relating to Cedar Hammock Fire Control

  3         District; providing for codification of special

  4         laws relating to Cedar Hammock Fire Control

  5         District pursuant to s. 191.015, F.S.;

  6         providing legislative intent; amending,

  7         codifying, and reenacting all prior special

  8         acts; providing for incorporation as a special

  9         fire control district; providing a district

10         boundary; providing for a governing board of

11         said district; providing for non-ad valorem

12         assessments and impact fees; providing a

13         schedule of non-ad valorem assessments;

14         providing for district powers, functions and

15         duties; amending chapter 93-352, Laws of

16         Florida, as amended by chapter 94-373, Laws of

17         Florida, deleting a reference to the district;

18         providing for construction and effect;

19         providing for repeal of chapters 57-1546,

20         59-1537, 59-1538, 61-2453, 65-1897, 71-759,

21         72-613, 72-614, 75-429, 79-507, 81-433, 82-326,

22         84-478, 85-450, 88-486, 89-483, and 90-454,

23         Laws of Florida; providing an effective date.

24

25

26  Be It Enacted by the Legislature of the State of Florida:

27

28         Section 1.  Chapters 57-1546, 59-1537, 59-1538,

29  61-2453, 65-1897, 71-759, 72-613, 72-614, 75-429, 79-507,

30  81-433, 82-326, 84-478, 85-450, 88-486, 89-483, 90-454, and

31

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  1  93-353, Laws of Florida, are codified, reenacted, amended and

  2  repealed as herein provided.

  3         Section 1.  Intent.--Pursuant to section 191.015,

  4  Florida Statutes, this act constitutes the codification of all

  5  special acts relating to Cedar Hammock Fire Control District.

  6  It is the intent of the Legislature to provide a single,

  7  comprehensive special act charter for the district including

  8  all current legislative authority granted to the district by

  9  its several legislative enactments and any additional

10  authority granted by this act and chapters 189 and 191,

11  Florida Statutes, as they may be amended from time to time.

12  It is further the intent of this act to preserve all district

13  authority.

14         Section 2.  Incorporation.--All of the unincorporated

15  lands in Manatee County, as described in this act, shall be

16  incorporated into an independent special fire control

17  district.  Said special fire control district shall be a

18  public municipal corporation under the name of Cedar Hammock

19  Fire Control District. The district is organized and exists

20  for all purposes set forth in this act and chapters 189 and

21  191, Florida Statutes. The district was created by special act

22  in 1957 and its charter may be amended only by special act of

23  the Legislature.

24         Section 3.  Jurisdiction.--The lands to be incorporated

25  within the Cedar Hammock Fire Control District are located in

26  Manatee County, Florida, and are described as follows:

27

28         Begin at SE corner of Section 35, Township 34,

29         Range 17 East, thence South to the SE corner of

30         the center line of Bowlees Creek, that point

31         being located in Section 23, Township 34, Range

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  1         17 East; thence Westerly along the center line

  2         of said Bowlees Creek to the waters of Sarasota

  3         Bay;

  4

  5         Less and excepting all the lands within Trailer

  6         Estates Subdivisions, as shown in Plat Book 8,

  7         Pages 138, 139, 140, and 141, and in Plat Book

  8         9, Page 61, of the Public Records of Manatee

  9         County, Florida.

10

11         Thence meander the shore line of Sarasota Bay

12         in a Westerly and Northwesterly direction to

13         point where said shore line intersects the West

14         line of Section 7, Township 35, Range 17 East,

15         thence North along said section line to

16         intersection of said section line with Cortez

17         Road (State Road 684), thence continue North to

18         the waters of Palma Sola Bay, meander the shore

19         of Palma Sola Bay in an easterly,

20         Northeasterly, Northwesterly, and Northerly

21         direction to point where shore line intersects

22         the South line of Section 31, Township 34,

23         Range 17 East, thence East along South line of

24         Section 31, 32, 33, 34, 35, Township 34, Range

25         17 East to Point of Beginning, less those lands

26         annexed by the City of Bradenton after the

27         adoption of Chapter 57-1546, Laws of Florida.

28

29         Together with Block B, Trailer Estates recorded

30         in Plat Book 8, Page 141 of the Public Records

31         of Manatee County, Florida.

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  1         Section 4.  Governing board.--

  2         (1)  In accordance with chapter 191, Florida Statutes,

  3  the business and affairs of the district shall be conducted

  4  and administered by a five-member board of fire commissioners

  5  elected pursuant to chapter 191, Florida Statutes, by the

  6  electors of the district in a nonpartisan election held at the

  7  time and in the manner prescribed for holding general

  8  elections in section 189.405(2)(a), Florida Statutes.  Each

  9  member of the board shall be elected for a term of 4 years and

10  shall serve until his or her successor assumes office.

11         (2)  The office of each board member is designated as a

12  seat on the board, distinguished from each of the other seats

13  by a numeral:  1, 2, 3, 4, or 5.  Each candidate must

14  designate, at the time he or she qualifies, the seat on the

15  board for which he or she is qualifying.  The name of each

16  candidate who qualifies shall be included on the ballot in a

17  way that clearly indicates the seat for which he or she is a

18  candidate.  The candidate for each seat who receives the most

19  votes shall be elected to the board.

20         (3)  In accordance with chapter 191, Florida Statutes,

21  each member of the board must be a qualified elector at the

22  time he or she qualifies and continually throughout his or her

23  term.

24         (4)  Each elected member shall assume office 10 days

25  following the member's election.  Annually, within 60 days

26  after the newly elected members have taken office, the board

27  shall organize by electing from its members a chair, a vice

28  chair, a secretary, and a treasurer.  The positions of

29  secretary and treasurer may be held by one member.

30

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  1         (5)  Members of the board may each be paid a salary or

  2  honorarium to be determined by at least a majority plus one

  3  vote of the board, pursuant to chapter 191, Florida Statutes.

  4         (6)  If a vacancy occurs on the board due to the

  5  resignation, death, or removal of a board member or the

  6  failure of anyone to qualify for a board seat, the remaining

  7  members may appoint a qualified person to fill the seat until

  8  the next general election, at which time an election shall be

  9  held to fill the vacancy for the remaining term, if any.

10         (7)  The procedures for conducting district elections

11  or referenda and for qualification of electors shall be

12  pursuant to chapters 189 and 191, Florida Statutes.

13         (8)  The board shall have those administrative duties

14  set forth in this act and chapters 189 and 191, Florida

15  Statutes, as they may be amended from time to time.

16         Section 5.  Authority to levy non-ad valorem

17  assessments.--Said district shall have the right, power, and

18  authority to levy non-ad valorem assessments as defined in

19  section 197.3632, Florida Statutes, against the taxable real

20  estate lying within its territorial bounds in order to provide

21  funds for the purpose of the district.  The rate of such

22  assessments shall be fixed annually by a resolution of the

23  board of commissioners after the conduct of a public hearing.

24  Such non-ad valorem assessments may be imposed, collected, and

25  enforced pursuant to the provisions of sections

26  197.363-197.3635, Florida Statutes.

27         Section 6.  Schedule of non-ad valorem

28  assessments.--The assessment procedures and amounts, as set

29  forth herein, represent the manner to be followed and the

30  maximum allowable rates that may be charged by the district.

31  For assessment purposes, all property within the district

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  1  shall be divided into three general classifications:  vacant

  2  parcels, residential parcels, and commercial/industrial

  3  parcels.

  4         (1)  Vacant parcels shall include all parcels that are

  5  essentially undeveloped and are usually classified by the

  6  property appraiser as use code types 0000, 1000, 4000, 9900,

  7  and 5000 through 6900.  The maximum annual assessment for

  8  these parcels shall be:

  9         (a)  Vacant platted lot (use code 0000), $6 per lot.

10         (b)  Unsubdivided acreage (use codes 5000 through 6900

11  and 9900), $6 per acre or fraction thereof, except that not

12  more than $2,000 shall be assessed against any one parcel.

13         (c)  Vacant commercial and industrial (use codes 1000

14  and 4000) shall be assessed as a platted lot or unsubdivided

15  acreage, as applicable.

16

17  Whenever a residential unit is located on a parcel defined

18  herein as vacant, the residential plot shall be considered as

19  one lot or one acre, with the balance of the parcel being

20  assessed as vacant land in accordance with the schedule

21  herein. Whenever an agricultural or commercial building or

22  structure is located on a parcel defined herein as vacant, the

23  building or structure shall be assessed in accordance with the

24  schedule of commercial/industrial assessments.

25         (2)  Residential parcels shall include all parcels that

26  are developed for residential purposes and are usually

27  classified by the property appraiser as use code types 0100

28  through 0800 and 2800.  All residential parcels shall be

29  assessed by the number and size of dwelling units per parcel.

30  Surcharges may be assigned by the district for dwelling units

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  1  located on the third or higher floors.  The maximum annual

  2  assessment for these parcels shall be:

  3         (a)  Single family residential (use code 0100) shall be

  4  assessed on a square footage basis for all dwelling units in

  5  accordance with the following.  The base assessment for all

  6  dwellings shall be $85 for the first 1,000 square feet in the

  7  dwelling unit.  All square footage above 1,000 square feet

  8  shall be charged at a rate of $0.00 per square foot.

  9         (b)  Condominia residential (use code 0400) shall be

10  assessed as follows:

11         (i)  Units located on the first, second, and third

12  floors, $85 per dwelling unit;

13         (ii)  Units located on the fourth and fifth floors,

14  $109 per dwelling unit;

15         (iii)  Units located on a floor above a fifth floor,

16  $117 per dwelling unit.

17         (c)  Mobile homes (use code 0200) shall be assessed $85

18  per dwelling unit.

19         (d)  Multifamily residential (use codes 0300 and 0800),

20  cooperatives (use code 0500), retirement homes (use code

21  0600), and miscellaneous residential uses (use code 0700)

22  shall be assessed as follows:

23         (i)  Units located on the first, second, and third

24  floors, $85 per dwelling unit;

25         (ii)  Units located on the fourth and fifth floors,

26  $109 per dwelling unit;

27         (iii)  Units located on a floor above a fifth floor,

28  $117 per dwelling unit.

29         (e)  Any other residential unit, including, but not

30  limited to, the residential portions of mixed uses (use code

31  1200) and mobile home or travel trailer parks (use code 2800),

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  1  shall be assessed $85 per dwelling unit or available rental

  2  space, as applicable.

  3         (3)  Commercial/industrial parcels shall include all

  4  other developed parcels that are not included in the

  5  residential category as defined above. All

  6  commercial/industrial parcels shall be assessed on a square

  7  footage basis for all buildings and structures in accordance

  8  with the following schedule and hazard classification.  The

  9  district may or may not vary the assessment by hazard

10  classifications as set forth herein. The base assessment for

11  all buildings and structures shall be $150 for the first 1,000

12  square feet on a parcel.  The schedule for all square footage

13  above 1,000 square feet is as follows.  The district may grant

14  an improved hazard rating to all or part of the buildings and

15  structures if they are equipped with complete internal fire

16  suppression facilities.

17      Category         Use Codes         Square Foot Assessment

18

19      Mercantile (M)   1100,1200,1300,   $0.050 per sq. ft.

20                       1400,1500,1600,

21                       and 2900

22      Business (B)     1700,1800,1900,   $0.078 per sq. ft.

23                       2200,2300,2400,

24                       2500,2600,3000,

25                       and 3600

26      Assembly (A)     2100,3100,3200,   $0.061 per sq. ft.

27                       3300,3400,3500,

28                       3700,3800,3900,

29                       7200,7600,7700,

30                       and 7900

31      Factory/         4100,4400,4500,   $0.023 per sq. ft.

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  1      Industrial (F)   4600,4700, and

  2                       9100

  3      Storage (S)      2000,2700,2800,   $0.076 per sq. ft.

  4                       and 4900

  5      Hazardous (H)    4200,4300, and    $0.102 per sq. ft.

  6                       4800

  7      Institutional    7000,7300,7400,   $0.030 per sq. ft.

  8      (I)              7500, and 7800

  9

10  Whenever a parcel is used for multiple hazard classifications,

11  the district may vary the assessment in accordance with actual

12  categories. The board of commissioners shall have the

13  authority to further define these use code numbers subject to

14  information received from the property appraiser's office.

15         Section 7.  Impact fees.--

16         (1)(a)  It is hereby found and determined that the

17  district is located in one of the fastest growing areas of

18  Manatee County which is itself experiencing one of the highest

19  growth rates in the nation.  New construction and resulting

20  population growth have placed a strain upon the capabilities

21  of the district to continue providing the high level of

22  professional fire protection and emergency service for which

23  the residents of the district pay and which they deserve.

24         (b)  It is hereby declared that the cost of new

25  facilities upon fire protection and emergency service should

26  be borne by new users of the district's services to the extent

27  new construction requires new facilities, but only to that

28  extent.  It is the legislative intent of this section to

29  transfer to the new users of the district's fire protection

30  and emergency services a fair share of the costs that new

31  users impose on the district for new facilities.

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  1         (c)  It is hereby declared that the amounts of the

  2  impact fees provided for in this section are just, reasonable,

  3  and equitable.

  4         (2)  No person shall issue or obtain a building permit

  5  for new residential dwelling units or new commercial or

  6  industrial structures within the district, or issue or obtain

  7  construction plan approval for new recreational or travel

  8  trailer park developments located within the district, until

  9  the developer thereof shall have paid the applicable impact

10  fee to the district as follows:  each new residential dwelling

11  unit, $100 per unit; new commercial or industrial structures,

12  $200 for the first 5,000 square feet of gross floor area and

13  $0.05 per square foot thereafter; new recreational or travel

14  trailer park developments, $25 per lot or permitted space.

15         (3)  The impact fees collected by the district pursuant

16  to this section shall be kept as a separate fund from other

17  revenues of the district and shall be used exclusively for the

18  acquisition, purchase, or construction of new facilities or

19  portions thereof required to provide fire protection and

20  emergency service to new construction.  "New facilities" means

21  land, buildings, and capital equipment, including, but not

22  limited to, fire and emergency vehicles and radiotelemetry

23  equipment.  The fees shall not be used for the acquisition,

24  purchase, or construction of facilities which must be obtained

25  in any event, regardless of growth within the district.  The

26  board of fire commissioners shall maintain adequate records to

27  ensure that impact fees are expended only for permissible new

28  facilities.

29         Section 8.  Other district powers, functions, and

30  duties.--In addition to any powers set forth in this act, the

31  district shall hold all powers, functions, and duties set

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  1  forth in chapters 189, 191, and 197, Florida Statutes, as they

  2  may be amended from time to time, including, but not limited

  3  to, ad valorem taxation, bond issuance, other revenue-raising

  4  capabilities, budget preparation and approval, liens and

  5  foreclosure of liens, use of tax deeds and tax certificates as

  6  appropriate for non-ad valorem assessments, and contractual

  7  agreements.  The district may be financed by any method

  8  established in this act, chapter 189, Florida Statutes, or

  9  chapter 191, Florida Statutes, or any other applicable general

10  or special law, as they may be amended from time to time.

11         Section 9.  Planning.--The district's planning

12  requirements shall be as set forth in this act, chapters 189

13  and 191, Florida Statutes, and other applicable general or

14  special laws, as they may be amended from time to time.

15         Section 10.  Boundaries.--The district's geographic

16  boundary limitations shall be as set forth in this act.

17         Section 11.  Officers and employees.--Requirements for

18  financial disclosure, meeting notices, public records

19  maintenance, and per diem expenses for officers and employees

20  shall be as set forth in chapters 112, 119, 189, 191, and 286,

21  Florida Statutes, as they may be amended from time to time.

22         Section 12.  Bonds.--The procedures and requirements

23  governing the issuance of bonds, notes, and other evidence of

24  indebtedness by the district shall be as set forth in this

25  act, chapter 191, Florida Statutes, and any other applicable

26  general or special laws, as they may be amended from time to

27  time.

28         Section 2.  Construction.--This act shall be construed

29  as remedial and shall be liberally construed to promote the

30  purpose for which it is intended.

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  1         Section 3.  Effect.--In the event that any part of this

  2  act should be held void for any reason, such holding shall not

  3  affect any other part thereof.

  4         Section 4.  Repeal of prior special acts.--Chapters

  5  57-1546, 59-1537, 59-1538, 61-2453, 65-1897, 71-759, 72-613,

  6  72-614, 75-429, 79-507, 81-433, 82-326, 84-478, 85-450,

  7  88-486, 89-483, and 90-454, Laws of Florida, are repealed.

  8         Section 5.  Paragraph (a) of subsection (1) of section

  9  1 of chapter 93-352, Laws of Florida, as amended by chapter

10  94-373, Laws of Florida, is amended to read:

11         Section 1.  Manatee County district boards of fire

12  commissioners; membership.

13         (1)(a)  The business affairs of the Cedar Hammock Fire

14  Control District, Parrish Fire Control District, Southern

15  Manatee Fire and Rescue District, Trailer Estates Fire Control

16  District, Westside Fire Control District, and Whitfield Fire

17  Control District in Manatee County shall each be conducted and

18  administered by a five-member board of fire commissioners that

19  is elected by the electors of the respective district in a

20  nonpartisan election held at the time and in the manner

21  prescribed for holding general elections in section

22  189.405(2)(a), Florida Statutes.  Each member of a district

23  board shall be elected for a term of 4 years and shall serve

24  until his successor is chosen and qualified, except that

25  members elected to seats 2 and 4 in the first election held

26  after the effective date of this act shall be elected for a

27  term of 2 years.

28         Section 6.  This act shall take effect upon becoming a

29  law.

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