House Bill 0841er

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





    ENROLLED

    2000 Legislature                       HB 841, First Engrossed



  1

  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.  Intent.--Pursuant to section 191.015,

29  Florida Statutes, this act constitutes the codification of all

30  special acts relating to Cedar Hammock Fire Control District.

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


                                  1

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




    ENROLLED

    2000 Legislature                       HB 841, First Engrossed



  1  comprehensive special act charter for the district including

  2  all current legislative authority granted to the district by

  3  its several legislative enactments and any additional

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

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

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

  7  authority.

  8         Section 2.  Codification.--Chapters 57-1546, 59-1537,

  9  59-1538, 61-2453, 65-1897, 71-759, 72-613, 72-614, 75-429,

10  79-507, 81-433, 82-326, 84-478, 85-450, 88-486, 89-483, and

11  90-454, Laws of Florida, are codified, reenacted, amended and

12  repealed as herein provided.

13         Section 3.  The Cedar Hammock Fire Control District is

14  re-created and the charter is re-created and reenacted to

15  read:

16         Section 1.  Incorporation.--All of the unincorporated

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

18  incorporated into an independent special fire control

19  district.  Said special fire control district shall be a

20  public municipal corporation under the name of Cedar Hammock

21  Fire Control District. The district is organized and exists

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

23  191, Florida Statutes. The district was created by special act

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

25  the Legislature.

26         Section 2.  Jurisdiction.--The lands to be incorporated

27  within the Cedar Hammock Fire Control District are located in

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

29

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

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


                                  2

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




    ENROLLED

    2000 Legislature                       HB 841, First Engrossed



  1         the center line of Bowlees Creek, that point

  2         being located in Section 23, Township 34, Range

  3         17 East; thence Westerly along the center line

  4         of said Bowlees Creek to the waters of Sarasota

  5         Bay;

  6

  7         Less and excepting all the lands within Trailer

  8         Estates Subdivisions, as shown in Plat Book 8,

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

10         9, Page 61, of the Public Records of Manatee

11         County, Florida.

12

13         Thence meander the shore line of Sarasota Bay

14         in a Westerly and Northwesterly direction to

15         point where said shore line intersects the West

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

17         thence North along said section line to

18         intersection of said section line with Cortez

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

20         the waters of Palma Sola Bay, meander the shore

21         of Palma Sola Bay in an easterly,

22         Northeasterly, Northwesterly, and Northerly

23         direction to point where shore line intersects

24         the South line of Section 31, Township 34,

25         Range 17 East, thence East along South line of

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

27         17 East to Point of Beginning, less those lands

28         annexed by the City of Bradenton after the

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

30

31


                                  3

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




    ENROLLED

    2000 Legislature                       HB 841, First Engrossed



  1         Together with Block B, Trailer Estates recorded

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

  3         of Manatee County, Florida.

  4         Section 3.  Governing board.--

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

  6  the business and affairs of the district shall be conducted

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

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

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

10  time and in the manner prescribed for holding general

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

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

13  shall serve until his or her successor assumes office.

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

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

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

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

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

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

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

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

22  votes shall be elected to the board.

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

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

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

26  term.

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

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

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

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

31


                                  4

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




    ENROLLED

    2000 Legislature                       HB 841, First Engrossed



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

  2  secretary and treasurer may be held by one member.

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

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

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

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

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

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

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

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

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

12         (7)  The procedures for conducting district elections

13  or referenda and for qualification of electors shall be

14  pursuant to chapters 189 and 191, Florida Statutes.

15         (8)  The board shall have those administrative duties

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

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

18         Section 4.  Authority to levy non-ad valorem

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

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

21  section 197.3632, Florida Statutes, against the taxable real

22  estate lying within its territorial bounds in order to provide

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

24  assessments shall be fixed annually by a resolution of the

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

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

27  enforced pursuant to the provisions of sections

28  197.363-197.3635, Florida Statutes.

29         Section 5.  Schedule of non-ad valorem

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

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


                                  5

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




    ENROLLED

    2000 Legislature                       HB 841, First Engrossed



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

  2  For assessment purposes, all property within the district

  3  shall be divided into three general classifications:  vacant

  4  parcels, residential parcels, and commercial/industrial

  5  parcels.

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

  7  essentially undeveloped and are usually classified by the

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

  9  and 5000 through 6900.  The maximum annual assessment for

10  these parcels shall be:

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

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

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

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

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

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

17  acreage, as applicable.

18

19  Whenever a residential unit is located on a parcel defined

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

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

22  assessed as vacant land in accordance with the schedule

23  herein. Whenever an agricultural or commercial building or

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

25  building or structure shall be assessed in accordance with the

26  schedule of commercial/industrial assessments.

27         (2)  Residential parcels shall include all parcels that

28  are developed for residential purposes and are usually

29  classified by the property appraiser as use code types 0100

30  through 0800 and 2800.  All residential parcels shall be

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


                                  6

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




    ENROLLED

    2000 Legislature                       HB 841, First Engrossed



  1  Surcharges may be assigned by the district for dwelling units

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

  3  assessment for these parcels shall be:

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

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

  6  accordance with the following.  The base assessment for all

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

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

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

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

11  assessed as follows:

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

13  floors, $85 per dwelling unit;

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

15  $109 per dwelling unit;

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

17  $117 per dwelling unit.

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

19  per dwelling unit.

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

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

22  0600), and miscellaneous residential uses (use code 0700)

23  shall be assessed as follows:

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

25  floors, $85 per dwelling unit;

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

27  $109 per dwelling unit;

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

29  $117 per dwelling unit.

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

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


                                  7

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




    ENROLLED

    2000 Legislature                       HB 841, First Engrossed



  1  1200) and mobile home or travel trailer parks (use code 2800),

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

  3  space, as applicable.

  4         (3)  Commercial/industrial parcels shall include all

  5  other developed parcels that are not included in the

  6  residential category as defined above. All

  7  commercial/industrial parcels shall be assessed on a square

  8  footage basis for all buildings and structures in accordance

  9  with the following schedule and hazard classification.  The

10  district may or may not vary the assessment by hazard

11  classifications as set forth herein. The base assessment for

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

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

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

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

16  structures if they are equipped with complete internal fire

17  suppression facilities.

18      Category         Use Codes         Square Foot Assessment

19

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

21                       1400,1500,1600,

22                       and 2900

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

24                       2200,2300,2400,

25                       2500,2600,3000,

26                       and 3600

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

28                       3300,3400,3500,

29                       3700,3800,3900,

30                       7200,7600,7700,

31                       and 7900


                                  8

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




    ENROLLED

    2000 Legislature                       HB 841, First Engrossed



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

  2      Industrial (F)   4600,4700, and

  3                       9100

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

  5                       and 4900

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

  7                       4800

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

  9      (I)              7500, and 7800

10

11  Whenever a parcel is used for multiple hazard classifications,

12  the district may vary the assessment in accordance with actual

13  categories. The board of commissioners shall have the

14  authority to further define these use code numbers subject to

15  information received from the property appraiser's office.

16         Section 6.  Impact fees.--

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

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

19  Manatee County which is itself experiencing one of the highest

20  growth rates in the nation.  New construction and resulting

21  population growth have placed a strain upon the capabilities

22  of the district to continue providing the high level of

23  professional fire protection and emergency service for which

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

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

26  facilities upon fire protection and emergency service should

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

28  new construction requires new facilities, but only to that

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

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

31


                                  9

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




    ENROLLED

    2000 Legislature                       HB 841, First Engrossed



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

  2  users impose on the district for new facilities.

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

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

  5  and equitable.

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

  7  for new residential dwelling units or new commercial or

  8  industrial structures within the district, or issue or obtain

  9  construction plan approval for new recreational or travel

10  trailer park developments located within the district, until

11  the developer thereof shall have paid the applicable impact

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

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

14  $200 for the first 5,000 square feet of gross floor area and

15  $0.05 per square foot thereafter; new recreational or travel

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

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

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

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

20  acquisition, purchase, or construction of new facilities or

21  portions thereof required to provide fire protection and

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

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

24  limited to, fire and emergency vehicles and radiotelemetry

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

26  purchase, or construction of facilities which must be obtained

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

28  board of fire commissioners shall maintain adequate records to

29  ensure that impact fees are expended only for permissible new

30  facilities.

31


                                  10

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




    ENROLLED

    2000 Legislature                       HB 841, First Engrossed



  1         Section 7.  Other district powers, functions, and

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

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

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

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

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

  7  capabilities, budget preparation and approval, liens and

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

  9  appropriate for non-ad valorem assessments, and contractual

10  agreements.  The district may be financed by any method

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

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

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

14         Section 8.  Planning.--The district's planning

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

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

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

18         Section 9.  Boundaries.--The district's geographic

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

20         Section 10.  Officers and employees.--Requirements for

21  financial disclosure, meeting notices, public records

22  maintenance, and per diem expenses for officers and employees

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

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

25         Section 11.  Bonds.--The procedures and requirements

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

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

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

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

30  time.

31


                                  11

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




    ENROLLED

    2000 Legislature                       HB 841, First Engrossed



  1         Section 4.  Construction.--This act shall be construed

  2  as remedial and shall be liberally construed to promote the

  3  purpose for which it is intended.

  4         Section 5.  Effect.--In the event that any part of this

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

  6  affect any other part thereof.

  7         Section 6.  Repeal of prior special acts.--Chapters

  8  57-1546, 59-1537, 59-1538, 61-2453, 65-1897, 71-759, 72-613,

  9  72-614, 75-429, 79-507, 81-433, 82-326, 84-478, 85-450,

10  88-486, 89-483, and 90-454, Laws of Florida, are repealed.

11         Section 7.  Paragraph (a) of subsection (1) of section

12  1 of chapter 93-352, Laws of Florida, as amended by chapter

13  94-373, Laws of Florida, is amended to read:

14         Section 1.  Manatee County district boards of fire

15  commissioners; membership.

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

17  Control District, Parrish Fire Control District, Southern

18  Manatee Fire and Rescue District, Trailer Estates Fire Control

19  District, Westside Fire Control District, and Whitfield Fire

20  Control District in Manatee County shall each be conducted and

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

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

23  nonpartisan election held at the time and in the manner

24  prescribed for holding general elections in section

25  189.405(2)(a), Florida Statutes.  Each member of a district

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

27  until his successor is chosen and qualified, except that

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

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

30  term of 2 years.

31


                                  12

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




    ENROLLED

    2000 Legislature                       HB 841, First Engrossed



  1         Section 8.  This act shall take effect upon becoming a

  2  law.

  3

  4

  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  13