House Bill 0965er

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  1

  2         An act relating to Southern Manatee Fire and

  3         Rescue District; providing for codification of

  4         special laws relating to Southern Manatee Fire

  5         and Rescue District pursuant to s. 191.015,

  6         F.S.; 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; deleting a reference to the district

16         from chapter 93-352, Laws of Florida, as

17         amended by chapter 94-373, Laws of Florida;

18         providing for construction and effect;

19         providing for repeal of chapter 92-249, Laws of

20         Florida; providing an effective date.

21

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

23

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

25  Florida Statutes, this act constitutes the codification of all

26  special acts relating to Southern Manatee Fire and Rescue

27  District.  It is the intent of the Legislature to provide a

28  single, comprehensive special act charter for the district

29  including all current legislative authority granted to the

30  district by its several legislative enactments and any

31  additional authority granted by this act and chapters 189 and


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  1  191, Florida Statutes, as they may be amended from time to

  2  time.  It is further the intent of this act to preserve all

  3  district authority.

  4         Section 2.  Codification--Chapter 92-249, Laws of

  5  Florida, is codified, reenacted, amended, and repealed as

  6  herein provided.

  7         Section 3.  The Southern Manatee Fire and Rescue

  8  District is recreated and the charter is recreated and

  9  reenacted to read:

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

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

12  incorporated into an independent special fire control

13  district. Said special fire control district shall be a public

14  municipal corporation under the name of the Southern Manatee

15  Fire and Rescue District. The district is organized and exists

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

17  191, Florida Statutes.  The district was created by the merger

18  of the Oneco-Tallevast and Samoset Fire Control Districts in

19  chapter 92-249, Laws of Florida.  This charter may be amended

20  only by special act of the Legislature.

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

22  within the Southern Manatee Fire and Rescue District are

23  located in Manatee County, Florida, and are described as

24  follows:

25         Begin at the northwest corner of the southwest

26         quarter of the northwest quarter of Section 36,

27         Township 34 South, Range 17 East, thence run

28         generally east along the south line of the city

29         limits of the City of Bradenton and an easterly

30         extension thereof to the center line of the

31         Braden River at a point in Section 33, Township


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  1         34 South, Range 18 East; provided however that

  2         those unincorporated enclaves located within

  3         the corporate limits of the City of Bradenton

  4         within Sections 29 and 32, Township 34 South,

  5         Range 18 East are included; thence meandering

  6         the center line of the Braden River in a

  7         southeasterly, southerly and southwesterly

  8         direction to a point where the Braden River

  9         intersects the westerly Right-of-Way line of

10         I-75, said point located in Section 25,

11         Township 35 South, Range 18 East; thence

12         southerly along said West Right-of-Way line of

13         I-75 and the extension thereof to the line

14         dividing Manatee County and Sarasota County,

15         said point being located in Section 36,

16         Township 35 South, Range 18 East; then west to

17         the Southeast corner of Section 36, Township 35

18         South, Range 17 East; thence north to the

19         Northeast corner of Section 36, Township 35

20         South, Range 17 East; thence west to the

21         Southwest corner of Southeast corner of Section

22         25, Township 35 South, Range 17 East; thence

23         north to the north line of said Section 25,

24         Township 35 South, Range 17 East; thence West

25         to the Southwest corner of Section 24, Township

26         35 South, Range 17 East; thence north to the

27         point of beginning.

28         Section 4.  Governing board.--

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

30  the business and affairs of the district shall be conducted

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


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

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

  3  time and in the manner prescribed for holding general

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

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

  6  shall serve until his or her successor assumes office.

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

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

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

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

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

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

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

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

15  votes shall be elected to the board.

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

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

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

19  term.

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

21  each elected member shall assume office 10 days following the

22  member's election.  Annually, within 60 days after the newly

23  elected members have taken office, the board shall organize by

24  electing from its members a chair, a vice chair, a secretary,

25  and a treasurer.  The positions of secretary and treasurer may

26  be held by one member.

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

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

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

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

31  resignation, death, removal of a board member, or the failure


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  1  of anyone to qualify for a board seat, the remaining members

  2  may appoint a qualified person to fill the seat until the next

  3  general election, at which time an election shall be held to

  4  fill the vacancy for the remaining term, if any.

  5         (7)  The procedures for conducting district elections

  6  or referenda and for qualification of electors shall be

  7  pursuant to chapters 189 and 191, Florida Statutes.

  8         (8)  The board shall have those administrative duties

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

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

11         Section 5.  Authority to levy non-ad valorem

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

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

14  section 197.3632, Florida Statutes, against the taxable real

15  estate lying within its territorial bounds in order to provide

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

17  assessments shall be fixed annually by a resolution of the

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

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

20  enforced pursuant to the provisions of sections

21  197.363-197.3635, Florida Statutes.

22         Section 6.  Schedule of non-ad valorem

23  assessments.--The assessment procedures and amount, as set

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

25  maximum allowable rates that may be charged by the district,

26  if needed.  For assessment purposes, all property within the

27  district shall be divided into three general classifications:

28  vacant parcels, residential parcels, and commercial/industrial

29  parcels.

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

31  essentially undeveloped and are usually classified by the


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  1  property appraiser as use code types "0000," "0004," "1000,"

  2  "4000," "9800," "9900," and "5000" through "7000."  The

  3  maximum annual assessment for these parcels shall be:

  4         (a)  Vacant platted lots (use code 0000) or unbuilt

  5  condominia (use code 0004) $4 per lot or condominium.

  6         (b)  Unsubdivided acreage (use codes 5000 through 7000

  7  and 9800, 9900, and 9901) $2 per acre or fraction thereof,

  8  except that not more than $250 may be assessed against any one

  9  parcel.

10         (c)  Vacant commercial and industrial parcels, per lot

11  or parcel (use codes 1000 and 4000) $4 per lot or parcel.

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13  Whenever a residential unit is located on a parcel defined

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

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

16  assessed as vacant land in accordance with the schedule

17  herein.  Whenever an agricultural or commercial building or

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

19  building or structure shall be assessed in accordance with the

20  schedule of commercial/industrial assessments.

21         (2)  Residential parcels include all parcels that are

22  developed for residential purposes and are usually classified

23  by the property appraiser as use code types "0100" through

24  "0800," "0801," "0803," and "2802."  All residential parcels

25  shall be assessed by the number and size of dwelling units per

26  parcel. Surcharges may be assigned by the district for

27  dwelling units located on the third or higher floors.  The

28  maximum annual assessment for these parcels shall be:

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

30  assessed per dwelling unit.  The base assessment for all

31  dwellings may not exceed $60 for the first 1,000 square feet.


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  1  Each square foot above 1,000 square feet shall be assessed at

  2  a rate not to exceed $0.04 per square foot.

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

  4  assessed $90 per dwelling unit.

  5         (c)  Mobile homes (use codes 0200 or 0204) shall be

  6  assessed $80 per dwelling unit.

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

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

  9  0600), and miscellaneous residential uses (use code 0700)

10  shall be assessed $90 per dwelling unit or, in the case of

11  group quarters, per bedroom.

12         (e)  Mobile home or travel trailer parks (use code

13  2802) shall be assessed $80 per dwelling unit or available

14  rental space as applicable.

15         (f)  Any other residential unit, including, but not

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

17  1200), shall be assessed $90 per dwelling unit.

18         (3)(a)  Commercial/industrial parcels shall include all

19  other developed parcels that are not included in the

20  residential category as defined above.  All

21  commercial/industrial parcels shall be assessed on a square

22  footage basis for all buildings and structures in accordance

23  with the following schedule and hazard classification. The

24  district may or may not vary the assessment by hazard

25  classifications as set forth herein.

26         (b)  The base assessment for all buildings and

27  structures shall be $200 for the first 1,000 square feet on a

28  parcel.  The schedule for all square footage above 1,000

29  square feet is as follows.  However, the district may grant an

30  improved hazard rating to all or part of the buildings and

31


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  1  structures if they are equipped with complete internal fire

  2  suppression facilities.

  3    Category         Use Codes            Square Foot Assessment

  4

  5    Mercantile (M)   1100,1200,1300,1400,

  6                     1500,1600,1604,2900  $0.0525 per sq. ft.

  7    Business (B)     1700,1704,1800,1900,

  8                     1904,2200,2300,2400,

  9                     2500,2600,3000,3600  $0.0525 per sq. ft.

10    Assembly (A)     2100,3100,3200,3300,

11                     3400,3500,3700,3800,

12                     3900,7600,7700,7900  $0.0675 per sq. ft.

13    Factory/         4100,4104,4400,4500,

14      Industrial (F) 4600,4700,9100       $0.0900 per sq. ft.

15    Storage (S)      2000,2700,2800,4900  $0.0900 per sq. ft.

16    Hazardous (H)    4200,4300,4800,4804  $0.1050 per sq. ft.

17    Institutional    7000,7100,7200,7300,

18      (I)            7400,7800,8400,8500,

19                     9200                 $0.0600 per sq. ft.

20         (c)  Whenever a parcel is used for multiple hazard

21  classifications, the district may vary the assessment in

22  accordance with actual categories.

23         (d)  The board of commissioners shall have the

24  authority to further define these use code numbers subject to

25  information received from the property appraiser's office.

26         (e)  Whenever one industrial complex under single

27  ownership has more than 2.5 million square feet of structures

28  on a site of contiguous parcels or a site of parcels that

29  would be contiguous except that they are dissected by one or

30  more transportation rights-of-way, the maximum fire tax

31  assessment may not exceed one-half of the adopted fire tax


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  1  rate for that tax year for factory industrial use.  Such rate

  2  shall be applied to all structural square footage in the

  3  complex regardless of actual use or use classification.

  4         Section 7.  Impact fees.--

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

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

  7  Manatee County, which is itself experiencing one of the

  8  highest growth rates in the nation.  New construction and

  9  resulting population growth have placed a strain upon the

10  capabilities of the district to continue providing the high

11  level of professional fire protection and emergency service

12  for which the residents of the district pay and which they

13  deserve.

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

15  facilities for fire protection and emergency service should be

16  borne by new users of the district services to the extent new

17  construction requires new facilities, but only to that extent.

18  It is the legislative intent of this section to transfer to

19  the new users of the district's fire protection and emergency

20  services a fair share of the costs that new users impose on

21  the district for new facilities.

22         (c)  It is hereby declared that the amount of the

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

24  and equitable.

25         (2)  No person may issue or obtain a building permit

26  for new residential dwelling units or new commercial or

27  industrial structures within the district, or issue or obtain

28  construction plan approval for new mobile home or recreational

29  or travel trailer park developments located within the

30  district, until the developer thereof has paid the applicable

31  impact fee to the district as follows:  each new residential


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  1  dwelling unit, $150; new commercial or industrial structures,

  2  $310 up to 5,000 square feet, and $310 plus $0.08 per square

  3  foot above 5,000 square feet for structures 5,000 square feet

  4  or over; new recreational or travel trailer park developments,

  5  $40 per lot or permitted space.

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

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

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

  9  acquisition, purchase, or construction of new facilities or

10  portions thereof required to provide fire protection and

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

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

13  limited to, fire and emergency vehicles and radio-telemetry

14  equipment.  The fees may not be used for the acquisition,

15  purchase, or construction of facilities which must be obtained

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

17  board of fire commissioners shall maintain adequate records to

18  ensure that impact fees are expended only for permissible new

19  facilities.

20         Section 8.  Other district powers, functions, and

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

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

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

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

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

26  capabilities, budget preparation and approval, liens and

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

28  appropriate for non-ad valorem assessments, and contractual

29  agreements.  The district may be financed by any method

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

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

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

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

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

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

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

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

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

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

10  financial disclosure, meeting notices, public records

11  maintenance, and per diem expenses for officers and employees

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

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

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

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

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

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

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

19  time.

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

21  as remedial and shall be liberally construed to promote the

22  purpose for which it is intended.

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

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

25  affect any other part thereof.

26         Section 6.  Repeal of prior special acts.--Chapter

27  92-249, Laws of Florida, shall be repealed upon the effective

28  date of this act.

29         Section 7.  Paragraph (1)(a) of section 1, chapter

30  93-352, Laws of Florida, as amended by chapter 94-373, Laws of

31  Florida, is amended to read:


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  1         Section 1.  Manatee County district boards of fire

  2  commissioners; membership.

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

  4  Control District, Parrish Fire Control District, Southern

  5  Manatee Fire and Rescue District, Trailer Estates Fire Control

  6  District, Westside Fire Control District, and Whitfield Fire

  7  Control District in Manatee County shall each be conducted and

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

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

10  nonpartisan election held at the time and in the manner

11  prescribed for holding general elections in section

12  189.405(2)(a), Florida Statutes.  Each member of a district

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

14  until his successor is chosen and qualified, except that

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

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

17  term of 2 years.

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

19  law.

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