House Bill 0963er

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    2000 Legislature                       HB 963, First Engrossed



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  2         An act relating to Manatee County; merging the

  3         Anna Maria Fire Control District and Westside

  4         Fire Control District to create a new district;

  5         creating and establishing an independent

  6         special fire control district to be known as

  7         the West Manatee Fire and Rescue District;

  8         establishing boundaries; providing purpose of

  9         the district; providing definitions; providing

10         for the membership and organization of the

11         governing body of the district; providing for

12         maximum compensation of a governing board

13         member; providing for district elections or

14         referenda and the qualifications of an elector;

15         providing administrative duties of the

16         district; providing applicable financial

17         disclosure, noticing, and reporting

18         requirements of the district; providing powers,

19         functions, and duties; provides for financing

20         the district; provides authority to levy ad

21         valorem taxes and maximum millage that is

22         authorized therefor; providing for collecting

23         non-ad valorem assessments, fees, or service

24         charges; providing a schedule of special

25         assessments; providing for impact fees;

26         providing authority to issue, and the

27         procedures for issuing, bonds by the district;

28         provides exemption from taxation; providing for

29         the establishment of the district; providing

30         for amending the charter of the district;

31         providing for district planning; providing for


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  1         transfer of the assets and liabilities of the

  2         existing districts to the West Manatee Fire and

  3         Rescue District; providing for repeal of all

  4         acts relating to the Anna Maria Fire Control

  5         District and the Westside Fire Control

  6         District, including chapter 25994, Laws of

  7         Florida, 1949, chapter 27696, Laws of Florida,

  8         1951, chapters 29263 and 29264, Laws of

  9         Florida, 1953, and chapters 59-1535, 59-1536,

10         61-2445, 65-1896, 65-1898, 72-610, 75-427,

11         75-433, 79-510, 81-427, 81-434, 82-324, 83-458,

12         84-476, 84-479, 85-455, 85-460, 88-487, 90-456,

13         90-459, 91-414, and 94-373, Laws of Florida;

14         providing for severability; providing for

15         interpretation; providing an effective date.

16

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

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19         Section 1.  The Anna Maria Fire Control District and

20  the Westside Fire Control District are hereby merged to create

21  the West Manatee Fire and Rescue District.

22         Section 2.  The West Manatee Fire and Rescue District

23  and its' charter is created to read:

24         Section 1.  Creation; boundaries.--Upon this act

25  becoming a law, all of the following lands in Manatee County

26  shall be incorporated as an independent special fire control

27  district, which shall be a public municipal corporation for

28  the public benefit, with perpetual existence, to be known as

29  the West Manatee Fire and Rescue District in which name it may

30  sue and be sued, leased, own, possess, and convey real and

31  personal property, by purchase or gift or otherwise, in order


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  1  to carry out the purposes of this act.  The lands so

  2  incorporated shall include the following:

  3         (1)  All of Anna Maria Island in Manatee County,

  4  Florida, and the unincorporated village of Cortez, Florida,

  5  and the adjoining area bounded on the north by Palma Sola Bay,

  6  on the east by the range line between Ranges 16 East and 17

  7  East, and on the south by Sarasota Bay; and

  8         (2)  All that part of Manatee County, Florida lying

  9  west of the City of Bradenton, Florida, as now constituted or

10  hereinafter expanded, being presently 34th Street West, the

11  section line dividing Sections 33 and 28 from Section 34 and

12  27, Township 34 South, Range 17 East; south of the Manatee

13  River; north of Cedar Hammock Fire Control District being 26th

14  Avenue West.  The township line dividing township 34 South

15  from 35 South: and being bounded on the west by Palma Sola

16  Bay, Tampa Bay and the Manatee River, to include Perico

17  Island.

18         Section 2.    Purposes of the District.--The purposes

19  of the West Manatee Fire and Rescue District is to provide for

20  greater uniformity, communication and coordination in

21  performing fire suppression and related activities within the

22  jurisdictional boundaries of the District in order to benefit

23  the public health, safety, and welfare; and to effectively

24  achieve the purposes set forth for independent special fire

25  control districts pursuant to Chapter 191, Florida Statutes,

26  as same may be amended from time to time.

27         Section 3.  Definitions.--

28         (1)  "Board" means the governing board of the West

29  Manatee Fire Control District.

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  1         (2)  "District" means the West Manatee Fire Control

  2  District, an independent special fire control district as

  3  defined in s. 189.403, Florida Statutes.

  4         (3)  "Elector" means a person who is a resident of the

  5  West Manatee Fire Control District and is qualified to vote in

  6  a general election within Manatee County.

  7         (4)  "Emergency medical service" means basic and

  8  advanced life support service as defined in s. 401.23, Florida

  9  Statutes.

10         (5)  "Rescue response service" means an initial

11  response to an emergency or accident situation, including, but

12  not limited to, a plane crash, a trench or building collapse,

13  a swimming or boating accident, or a motor vehicle accident.

14         Section 4.  District board of commissioners;

15  membership, terms of office, officers, meetings.--The district

16  board of commissioners shall conduct and administer the

17  business affairs of the district through a five-member board

18  which shall be elected in nonpartisan elections by the

19  electors of the district for a term of four (4) years, and

20  each member shall serve until the member's successor assumes

21  office.  A member of the board shall be a resident of the

22  district and a citizen of the United States.  No district

23  board member shall be a paid employee of the district, and

24  each board member shall continue to meet all qualifications to

25  hold office continually through his or her term.  Members of

26  the district board shall take office at the same time as do

27  county officers, being the second Tuesday following the

28  general election in November.  The board of commissioners

29  shall be established and elected, and shall operate, organize

30  and function in accordance with the provisions of section

31  191.005, Florida Statutes.  The office of each member of the


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  1  board is designated as being a seat, distinguished from each

  2  of the other seats of the board by a numeral; 1, 2, 3, 4 or 5.

  3  The numerical seat designation does not reflect a geographical

  4  subdistrict or area of the district, but each candidate for a

  5  seat on the board shall designate, at the time the candidate

  6  qualifies, the seat for which the candidate is qualifying.

  7  The election for each seat shall be at-large within the

  8  district.  The initial board of commissioners, until

  9  successors are elected and assume office, shall consist of the

10  officials who are then holding elected office as a district

11  board member for seats 1, 4 and 5 on the West Side Fire

12  Control District and seats 2 and 3 on the Anna Maria Fire

13  Control District as of the date immediately preceding the

14  effective day of this act.  The commissioners holding seat 1

15  and 5 from West Side Fire Control District and the

16  commissioner hold seat 2 from the Anna Maria Fire Control

17  District shall have initial terms of four (4) years, with

18  their terms expiring in November, 2004, as provided in this

19  section.  The commissioner holding seat 4 from the West Side

20  Fire Control District and the commissioner holding seat 3 from

21  the Anna Maria Fire Control District shall have initial terms

22  of two (2) years, with their terms expiring in November, 2002,

23  as provided in this section.  The foregoing provisions

24  establish an initial board having three (3) commissioners,

25  each with a four (4) year term, and two (2) commissioners,

26  each with a two (2) year term, thereby establishing staggered

27  terms for the board on the effective date of this act.

28         Section 5.  Board compensation.--The members of the

29  district board shall receive a compensation not to exceed five

30  hundred dollars ($500) per month for each board member, as

31  provided in section 191.005(4), Florida Statutes.


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  1         Section 6.  Procedures for conducting elections.--The

  2  procedures for conducting any district election or referendum

  3  are as provided in section 191.005, Florida Statutes, and as

  4  otherwise provided by general law.  To qualify as an elector

  5  of the district, a person must be a resident of the district

  6  and a citizen of the United States, and shall meet such other

  7  qualifications as provided in section 191.005, Florida

  8  Statutes, or as otherwise provided by general law.

  9         Section 7.  District Board, administrative duties.--The

10  administrative duties of the governing board are as provided

11  in section 191.005, Florida Statutes, as same may be amended.

12         Section 8.  Financial disclosure, noticing and

13  reporting requirements.--The district and the board shall have

14  those financial disclosure, noticing, and reporting

15  requirements as provided by general law and made applicable to

16  said board members and independent fire control districts

17  within the state.

18         Section 9.  Powers, functions, and duties of the

19  district.--The district shall have, and the district board of

20  commissioners may exercise by a majority vote, all of the

21  following powers, including, but not limited to, the powers to

22  sue and be sued in the name of the district; make and execute

23  contracts and other instruments; provide pension and

24  retirement plans; provide for extra compensation programs;

25  contract for services; borrow money; adopt resolutions and

26  procedures prescribing the powers, duties and functions of the

27  officers of the district; acquire by all lawful means both

28  real and personal property; purchase equipment by installment

29  sales contracts, enter into leases; borrow money and issue

30  bonds; charge user and impact fee; assess and impose on real

31  property of the district both ad valorem taxes and non ad


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  1  valorem assessments; prepare and implement budgets; establish

  2  liens and foreclose thereon, establish and maintain emergency

  3  medical and rescue response services, and any and all other

  4  general powers as provided for in section 191.006, Florida

  5  Statutes, and special powers as provided for in section

  6  191.008, Florida Statutes, as same may be amended.

  7         Section 10.  Financing of the district.--The methods

  8  for financing the district shall be as provided in chapter

  9  191, Florida Statutes, as same be amended, and as provided by

10  other general law applicable to independent special districts.

11         Section 11.  Levy of ad valorem taxes and millage rate

12  authorized.--The district board may levy and assess ad valorem

13  taxes on all taxable property in the district for any and all

14  operating purposes, exclusive of debt service on bonds, in a

15  millage amount not to exceed 3.75 mills, pursuant to the

16  provisions of section 191.009, Florida Statutes, as same be be

17  amended.

18         Section 12.  Collection of non-ad valorem assessments,

19  fees or services charges.--The district is hereby authorized

20  to utilize any method or methods for collecting non-ad valorem

21  assessments, fees, impact fees, or service charges as provided

22  in chapter 191, Florida Statutes, as the same may be amended,

23  or as otherwise provided by general law.

24         Section 13.  Schedule of special assessments.--The

25  provisions regarding assessment procedures as set forth above,

26  represents the method to be followed by the district regarding

27  any subsequent establishment or increase in special

28  assessments for the district.  Upon the effective date of this

29  act, but in no way limiting the ability of the district board

30  to increase special assessments as necessary in keeping with

31  this charter, for assessment purposes, all property within the


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  1  district is divided into three general classifications:

  2  vacant parcels, residential parcels, and commercial/industrial

  3  parcels.

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

  5  essentially undeveloped.  The annual assessment for these

  6  parcels shall be as follows:

  7         (a)  A vacant platted lot, $25 per lot.

  8         (b)  Unsubdivided acreage, $25 per acre or fraction

  9  thereof; and,

10         (c)  A vacant commercial and industrial parcel shall be

11  assessed as a platted lot or unsubdivided acreage, as

12  applicable.  Whenever a residential unit is located on a

13  parcel defined herein as vacant, the residential plot shall be

14  considered as one lot or one acre, with the balance of the

15  parcel being assessed as vacant land in accordance with the

16  schedule herein.  When a agricultural or commercial building

17  or structure is located on a parcel defined herein as vacant,

18  the building or structure shall be assessed in accordance with

19  the schedule of commercial/industrial assessments.

20         (2)  Residential parcels include all parcels which are

21  developed for residential purposes.  All residential parcels

22  shall be assessed by the number and square-footage size of

23  dwelling units per parcel.  Surcharges may be assigned by the

24  district for dwelling units located on the third or higher

25  floors.  The annual assessment for these parcels shall be as

26  follows:

27         (a)  A single family residential parcel shall be

28  assessed on a square footage basis for each dwelling unit at

29  $125 for the first 1,000 square feet in the dwelling unit, and

30  all square footage above 1,000 square feet shall be charged at

31  a rate of $0.075 per additional square foot.


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  1         (b)  A parcel for residential condominium use shall be

  2  assessed on a square-footage basis for each dwelling unit $125

  3  for the first 1,000 square feet in the dwelling unit, and all

  4  square-footage above 1,000 square feet shall be charged at a

  5  rate of $0.075 per additional square foot.

  6         (c)  A mobile home shall be assessed at $125 per

  7  dwelling unit;

  8         (d)  A duplex, multi-family residential, cooperative,

  9  retirement home and any miscellaneous residential-use parcel

10  shall be assessed on a square-footage basis for each dwelling

11  unit at $125 for the first 1,000 square feet in the dwelling

12  unit, and all square-footage above 1,000 square feet shall be

13  charged at a rate of $0.075 per additional square foot.

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

15  limited, to the residential portions of mixed-use parcels and

16  travel trailer units or parks shall be assessed $125 per

17  dwelling unit or available rental space, as applicable.

18         (3)  Commercial/industrial parcels shall include all

19  other developed parcels which are not included in the

20  residential categories as defined in subsection (2).  Each

21  commercial/industrial parcel shall be assessed on a square

22  footage basis for each building and structure in accordance

23  with the following schedule:

24         (a)  The base assessment for each building or structure

25  shall be $300 for the first 1,000 square feet and all square

26  footage above 1,000 square feet, shall be charged at a rate of

27  $0.125 per additional square foot.

28         (b)  Whenever a parcel is classified for

29  multiple-hazard use, the district may vary the assessment in

30  accordance with actual categories.

31         Section 14.  Impact Fees.--


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  1         (1)  It is hereby established and determined that the

  2  district is comprised of one of the fastest-growing areas of

  3  Manatee County, which is also experiencing one of the highest

  4  growth rates in the state.  New construction and the resulting

  5  population growth will place a strain upon the capabilities of

  6  the district to provide the high level of professional fire

  7  protection and emergency service for which the residents of

  8  the district deserve and for which they pay.

  9         (2)  It is hereby declared that the cost of the new

10  facilities for fire protection and emergency service shall be

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

12  new construction requires new facilities, but only to that

13  extent.  It is the legislative intent to transfer to the new

14  user of the district's fire protection and emergency services

15  a fare share of the cost that new users impose on the district

16  for new facilities.

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

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

19  and equitable.

20         (4)  No person or local governmental jurisdiction

21  within the district shall issue or obtain a building permit

22  for a new residential dwelling unit or a new non-residential

23  structure within the district, or issue or obtain

24  construction-plan approval for a new mobile home park

25  development or a new recreational or travel trailer park

26  development located within the district, until the applicant

27  or developer thereof has paid his or her applicable impact fee

28  to the district as follows:  for each new residential dwelling

29  unit, $100; for each new non-residential structure, $200 up to

30  5,000 square feet and $200 plus $0.05 per square foot for each

31  square foot over 5,000 square feet for a structure 5,000


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  1  square feet or over; for a new mobile home park development or

  2  a new recreational or travel trailer park development, $25 per

  3  lot or permitted space.

  4         (5)  The impact fees collected by the district pursuant

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

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

  7  acquisition, purchase, or construction of new facilities or

  8  portions thereof required to provide fire protection and

  9  emergency service to new construction.  "New facilities" shall

10  mean real property, buildings, and capital equipment,

11  including, but not limited to, fire and emergency vehicles and

12  radio-telemetry equipment.  Impact fees shall not be used for

13  the acquisition, purchase, or construction of facilities which

14  are or necessary to serve existing development, nor shall

15  impact fees be used for maintenance of existing facilities.

16  The district board shall maintain adequate records to ensure

17  that impact fees are expended only for permissible purposes.

18         (6)  Evidence of payment to the district of the impact

19  fee for new development shall be presented to the applicable

20  local governmental unit within the district before a

21  certificate of occupancy is issued.

22         Section 15.  Issuance of bonds and procedures.--The

23  district may issue general obligation bonds, assessment bonds,

24  revenue bonds, notes, bond anticipation notes, or other

25  evidences of indebtedness to finance all or a part of any

26  proposed improvements authorized pursuant to this act, or

27  under general or other special law, provided that the total

28  annual payments for the principal and interest of such

29  indebtedness shall not exceed 50% of the total annual budgeted

30  revenues of the district.  The procedures and requirements for

31  issuing bonds shall be provided in section 191.012, Florida


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  1  Statutes, as may be amended, and as otherwise provided by

  2  applicable general law.

  3         Section 16.  Exemption from Taxation.--The assets and

  4  properties of the district are exempt from all taxes imposed

  5  by the state or any political subdivision, agency, or

  6  instrumentality of the state or any political subdivision,

  7  agency, or instrumentality of the state, pursuant to section

  8  191.007, Florida Statutes.

  9         Section 17.  Establishing the district.--The district

10  shall be established by the adoption of this charter by the

11  Legislature and in adherence to the provisions set forth in

12  section 189.404, Florida Statutes, and under the authority of

13  chapter 191, Florida Statutes.

14         Section 18.  Amending the charter.--The charter of the

15  district shall be amended only by special act of the

16  Legislature.

17         Section 19.  District planning.--The district board

18  shall provide for, coordinate with, and participate in

19  short-range and long-range planning with Manatee County and

20  other local governments in order to meet the demands for

21  service delivery while maintaining the fiscal responsibility

22  of the district.  Additionally, the district shall have the

23  authority, as provided in section 191.013, Florida Statutes,

24  to participate in intergovernmental coordination activities as

25  may be beneficial to the district and necessary for the

26  protection of the public health, safety and welfare.

27         Section 3.  Transfer of the assets and liabilities of

28  the existing districts to the new created District.--The

29  existing assets and liabilities of the Anna Maria Fire Control

30  District and the West Side Fire Control District are, upon the

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  1  effect date of this act, transferred to the West Manatee Fire

  2  and Rescue District. 

  3         Section 4.  Repeal of special acts.--Upon the effective

  4  date of this act, chapter 25994, Laws of Florida, 1949,

  5  chapter 27696, Laws of Florida, 1951, chapter 29263, Laws of

  6  Florida, 1953, chapter 29264, Laws of Florida, 1953, and

  7  59-1535, chapters 59-1536, 61-2445, 65-1896, 65-1898, 72-610,

  8  75-427, 75-433, 79-510, 81-427, 81-434, 82-324, 83-458,

  9  84-476, 84-479, 85-455, 85-460, 88-487, 90-456, 90-459, 91-414

10  and 94-373, Laws of Florida, are repealed.

11         Section 5.  Severability.--If any clause, section or

12  provision of this act is declared to be unconstitutional or

13  invalid for any cause or reason, the same shall be eliminated

14  from this act, and the remaining portion of said act shall be

15  in force and effect and be as valid as if such invalid portion

16  thereof had not been incorporated therein.

17         Section 6.  Interpretation.--The provisions of this act

18  shall be liberally construed in order to effectively carry out

19  the public purpose of this act in the best interest of the

20  public health, safety and welfare.

21         Section 7.  Effective date.--This act and the charter

22  for the West Manatee Fire and Rescue District shall take

23  effect upon becoming a law.

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