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



                                                   HOUSE AMENDMENT

                                                   Bill No. HB 447

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  The Committee on Local Government & Veterans Affairs offered

12  the following:

13

14         Amendment (with title amendment) 

15  Remove everything after the enacting clause

16

17  and insert:

18         Section 1.  Pursuant to section 191.015, Florida

19  Statutes, this act constitutes the codification of all special

20  acts relating to the North River Fire District. It is the

21  intent of this act to provide a single, comprehensive special

22  act charter for the district including all current legislative

23  authority granted to the district by its several legislative

24  enactments and by any additional authority granted by this act

25  and chapters 189 and 191, Florida Statutes, as they may be

26  amended from time to time. It is further the intent of this

27  act to preserve all district authority.

28         Section 2.  Chapters 89-502, 91-406, and 96-452, Laws

29  of Florida, are codified, amended, reenacted, and repealed as

30  herein provided.

31         Section 3.  The North River Fire District is re-created

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 447

    Amendment No. 1 (for drafter's use only)





  1  and the charter is recreated and reenacted to read:

  2         Section 1.  Incorporation.--Upon this act becoming a

  3  law, all of the unincorporated lands in Manatee County, as

  4  described in this act, and the City of Palmetto, shall become

  5  and be incorporated into an independent special fire district.

  6  Said special fire district shall become and be a public

  7  municipal corporation, having the powers and duties herein set

  8  forth under the name of North River Fire District.

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

10  within the North River Fire District are located in Manatee

11  County and are described as follows:

12

13         All of Sections 1, 12, 13, 14, 21, 22, 23, 24,

14         25, 26, 27, 28, 32, 33, 34, 35 and 36, all in

15         Township 33 South, Range 17 East; all of

16         Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,

17         13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24,

18         25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and

19         36, all in Township 33 South, Range 18 East;

20         all of Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,

21         11, 12, 13, 14, 15, 16 and 17, and that part of

22         Sections 18, 22, 23 and 24 North of North

23         bulkhead line of the Manatee River, all in

24         Township 34 South, Range 17 East; all of

25         Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,

26         17, 18, and 19, and that part of Section 16

27         lying North of North bulkhead line of the

28         Manatee River, all in Township 34 South, Range

29         18 East. Further including the full right of

30         way of all abutting roads. Also, all islands

31         and submerged lands within the limits of the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 447

    Amendment No. 1 (for drafter's use only)





  1         established bulkhead line abutting the

  2         specified Sections, more particularly described

  3         as follows:

  4

  5         Begin at the intersection of the established or

  6         to be established bulkhead line along the North

  7         bank of the Manatee River with the West

  8         boundary of Section 7, Township 34 South, Range

  9         17 East; thence Easterly along the established

10         or to be established bulkhead line of the

11         Manatee River to the East boundary of Section

12         12, Township 34 South, Range 18 East; thence

13         Northerly along the East boundary of Township

14         34 South, Range 18 East to the Manatee

15         County-Hillsborough County boundary line;

16         thence Westerly along the Manatee

17         County-Hillsborough County boundary line to the

18         established or to be established bulkhead line

19         of the East shore of Tampa Bay; thence

20         Southerly and Westerly along the established or

21         to be established bulkhead line of Tampa Bay

22         and Terra Ceia Bay to the established or to be

23         established bulkhead line on the North bank of

24         the Manatee River to the West boundary of

25         Section 7, Township 34 South, Range 17 East and

26         the Point of Beginning.

27

28         Section 3.  Board of Fire Commissioners.--The business

29  and affairs of said district shall be conducted and

30  administered by a board of seven commissioners, who shall be

31  elected as provided for in section 4. Upon their election

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 447

    Amendment No. 1 (for drafter's use only)





  1  annually in January, the commissioners shall organize by

  2  electing from their number a chair and vice chair. The

  3  commissioners shall appoint or employ a qualified person or

  4  persons for the positions of secretary or treasurer, or the

  5  position of secretary/treasurer. The positions of secretary,

  6  treasurer, or secretary/treasurer may be held by one

  7  commissioner or the commission may, in lieu of electing a

  8  secretary and/or treasurer from its number, employ a qualified

  9  person or persons who is not a commissioner to perform the

10  duties of secretary, treasurer, or secretary/treasurer and may

11  compensate such person or persons from funds of the district

12  for the services rendered. If the commissioners do employ such

13  qualified person or persons to perform the duties of

14  secretary, treasurer, or secretary/treasurer, said performance

15  shall be subject to the supervision of the Board of Fire

16  Commissioners. The commissioners may each be paid a salary or

17  honorarium, to be determined by the board, that shall not

18  exceed $500 per month and may not be otherwise employed by the

19  district on either a full-time or part-time basis and receive

20  compensation for such employment, except as specifically

21  provided for herein. The Board of Fire Commissioners is

22  authorized to pay the commissioner or commissioners who are

23  elected secretary, treasurer, or secretary/treasurer a

24  reasonable sum for their services as such. The treasurer

25  shall, before he or she enters upon his or her duties as

26  treasurer, execute to the State of Florida, for the benefit of

27  the district, a good and sufficient bond approved by a Circuit

28  Judge of Manatee County in the sum of not less than $1,000

29  with a qualified corporate surety, conditioned to faithfully

30  perform the duties as such treasurer and to account for all

31  funds to come into his or her hands as treasurer. All premiums

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 447

    Amendment No. 1 (for drafter's use only)





  1  for such surety on all such bonds shall be paid from the funds

  2  of said district. The Board of Fire Commissioners shall have

  3  the authority and power to make and enter into contracts with

  4  firms, individuals, and municipal corporations relating to any

  5  and all of the purposes of the district.

  6         Section 4.  Election of commissioners.--

  7         (1)  The members of the Board of Fire Commissioners of

  8  the district shall consist of seven members who shall serve

  9  for 4-year terms and shall be elected by a nonpartisan

10  election, as hereinafter set forth. The seven-member Board of

11  Fire Commissioners shall consist of one member elected by the

12  entire fire district to represent each of five fire

13  commissioner districts of the North River Fire District, plus

14  two commissioners elected by the entire fire district to hold

15  seats at large. The boundaries of the fire commissioner

16  districts shall be established by the board and shall be

17  numerically designated as fire commissioner districts 1, 2, 3,

18  4, and 5. The fire commissioner seats on the board shall be

19  identified as seats 1, 2, 3, 4, and 5, corresponding to the

20  numerical designation of each fire commissioner district,

21  respectively, and the at-large seats shall be identified as

22  seats 6 and 7. In addition to requirements of candidates for

23  election under general law, in order to qualify for such

24  election or for maintaining such a position, a candidate or

25  elected commissioner shall reside within his or her respective

26  district.

27         (2)  Four members of the Board of Fire Commissioners

28  (district seats 2, 4, and 5 and at-large seat 6) shall be

29  elected at the general election during each United States

30  presidential election year. The remaining three members of the

31  board (district seats 1 and 3 and at-large seat 7) shall be

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 447

    Amendment No. 1 (for drafter's use only)





  1  elected at the general election during each Florida

  2  gubernatorial election year.

  3         (3)  Each elected commissioner shall hold office until

  4  his or her successor is elected and qualified, or until such

  5  commissioner ceases to qualify as a commissioner or is removed

  6  from office.

  7         (4)  Each elected member shall assume office on the

  8  third Thursday following the election.

  9         (5)  If a vacancy occurs on the board, the remaining

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

11  the next general election that is held at least 3 months after

12  the date the vacancy occurs, at which time an election shall

13  be held to fill the vacancy.

14         Section 5.  Authority to levy non-ad valorem

15  assessments.--

16         (1)  Said district shall have the right, power, and

17  authority to levy non-ad valorem assessments against the

18  taxable real estate lying within its territorial bounds, as

19  well as assessing an additional charge for hazardous or

20  emergency conditions, in order to provide funds for the

21  purpose of the district. The rate of such assessments shall be

22  fixed by a resolution of the Board of Fire Commissioners, but

23  shall in no event exceed the amounts set forth in section 15,

24  unless increased as provided in section 191.009(2), Florida

25  Statutes.

26         (2)  The Board of Fire Commissioners is hereby

27  authorized to provide a reasonable schedule of charges for

28  emergency services, including, but not limited to,

29  firefighting occurring in or to motor vehicles, marine vessels

30  including live-aboards, aircraft, or rail cars including

31  engines, or as a result of the operation of such motor

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 447

    Amendment No. 1 (for drafter's use only)





  1  vehicles, marine vessels including live-aboards, aircraft, or

  2  rail cars including engines to which the North River Fire

  3  District is called upon to render such emergency service, and

  4  to charge a fee for the services rendered in accordance with

  5  said schedule. The North River Fire District shall have a lien

  6  upon said motor vehicle, marine vessel including live-aboards,

  7  aircraft, or rail cars including engines for the charges so

  8  assessed. The Board of Fire Commissioners is authorized to

  9  enter into contracts for firefighting duties which provide a

10  reasonable remuneration to the district for such firefighting

11  activities.

12         (3)  The Board of Fire Commissioners is authorized to

13  provide a reasonable schedule of charges for the fighting of

14  fires occurring in or at refuse dumps or as a result of an

15  illegal burn, which fire, dump, or burn is not authorized by

16  general or special law of the state, rule, regulation, order,

17  or ordinance to which the district is called upon to fight

18  and/or extinguish. The fee charged in accordance with said

19  schedule shall constitute a lien upon the real property where

20  said fire or burn is located.

21         (4)  The district shall provide to the County Property

22  Appraiser a notice of fire assessment rates as adopted by

23  resolution not later than June 1 of each year. The County

24  Property Appraiser shall then furnish to the commissioners of

25  the district a tax roll covering all taxable properties with

26  the assessment rate levy placed on each parcel of property by

27  July 1, which tax roll is consistent with and set forth by

28  section 193.1142, Florida Statutes. Not later than 21 days

29  after receipt of the tax roll from the County Property

30  Appraiser, the district shall return the tax roll, having

31  first checked and noted any corrections or adjustments to the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 447

    Amendment No. 1 (for drafter's use only)





  1  fire assessment levy against each parcel of property.

  2         (5)  Prior to adopting a rate of assessment as required

  3  in subsection (4), the Board of Fire Commissioners of the

  4  district shall properly advertise and hold a public hearing

  5  with respect to the proposed rate of assessment. At such

  6  hearing, any property owner in the district shall have the

  7  right to file a written objection and/or testify at such

  8  hearing regarding the proposed rate of assessment. After due

  9  consideration of all comments or protests, the Board of Fire

10  Commissioners shall adopt a resolution specifying the rate of

11  assessment on all taxable property.

12         (6)  The Board of Fire Commissioners of the district

13  shall, not earlier than 30 days nor later than 45 days after

14  the mailing of the notice of proposed property taxes as

15  required by section 194.011(1), Florida Statutes, hold a

16  properly advertised public hearing to hear appeals from any

17  property owner in the district with respect to the method of

18  calculation and/or the amounts of fire assessment levied

19  against a parcel of land. Within 20 calendar days after the

20  conclusion of the public hearing to hear appeals, the Board of

21  Fire Commissioners of the district shall notify all concerned

22  parties and the County Property Appraiser in writing of its

23  decision. The decision shall include reasons for granting or

24  denying the appeal.

25         (7)  The County Property Appraiser shall then include

26  the assessments thus made by the Board of Fire Commissioners

27  of the district in the Manatee County tax roll and the same

28  shall be collected in the manner and form as is provided for

29  the collection of county taxes and paid over by the County Tax

30  Collector to the Board of Fire Commissioners.

31         (8)  Such non-ad valorem assessments shall be a lien

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 447

    Amendment No. 1 (for drafter's use only)





  1  upon the land so assessed along with the county taxes assessed

  2  against the same until said assessments have been paid and, if

  3  the same become delinquent, shall be considered a part of the

  4  county tax subject to the same penalties, fees, and remedies

  5  for enforcement and collections, and shall be enforced and

  6  collected as provided by the laws of the state for the

  7  collection of such taxes.

  8         Section 6.  Deposit of funds.--All proceeds of

  9  assessments and other funds of the district shall be deposited

10  in the name of the district in a financial institution

11  designated under the provisions of chapter 280, Florida

12  Statutes, as a qualified public depository. The approved

13  financial institution shall be designated by a resolution of

14  the Board of Fire Commissioners. No funds of the district

15  shall be paid out or disbursed except by check.

16         Section 7.  Use of funds.--No funds of the district

17  shall be used for any purpose other than for the

18  administration of the affairs and business of the district;

19  for the acquisition, construction, care, maintenance, upkeep,

20  and operation of sites for fire stations; fire station and

21  firefighting and rescue equipment; the employment of qualified

22  personnel as provided for herein and payment of the essential

23  personnel benefits such as health, life, disability, and

24  workers' compensation insurance; retirement programs and other

25  associated costs designed to further the purpose of the

26  district; and for legal expenses incurred for the operation,

27  enforcement, and furtherance of the district's affairs and

28  business.

29         Section 8.  Borrowing power.--The Board of Fire

30  Commissioners shall have the power and authority to borrow

31  money for the purpose of the district and to mortgage the real

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 447

    Amendment No. 1 (for drafter's use only)





  1  and personal property of the district or to pledge future

  2  assessments and liens as security for such loans. The limits

  3  of such authority shall be that the amount borrowed shall not

  4  exceed three times the total assessments in the fiscal year

  5  the loan is contracted; however, the district commissioners

  6  shall not create any indebtedness or incur obligations for any

  7  amount which it is unable to pay out of the district's funds.

  8  Neither the district commissioners as a body nor any one of

  9  them as an individual shall be personally or individually

10  liable for the repayment of such loan or loans. In addition,

11  the Board of Fire Commissioners shall have the power and

12  authority to make purchases of equipment on an installment

13  basis as necessary, if funds are available for the payment of

14  the current year's installment on such equipment plus the

15  amount due in that year on any other installment or other

16  indebtedness.

17         Section 9.  Authority and power to acquire.--The North

18  River Fire District shall have all of the corporate powers of

19  a Florida municipal corporation as provided by statute,

20  including, but not limited to, the right to sue and to be

21  sued; to lease, own, possess, and convey real and personal

22  property necessary to carry out the purpose of this act; and

23  to acquire such property by grant, gift, purchase, devise, or

24  eminent domain, or any means whatsoever.

25         Section 10.  Duties of officers and authority of

26  commissioners.--The officers of the Board of Fire

27  Commissioners shall have the duties usually pertaining to,

28  vested in, and incumbent upon like officers. A record shall be

29  kept of all meetings of said Board of Fire Commissioners and

30  in such meetings concurrence of a majority of said

31  commissioners at the meeting consisting of a quorum shall be

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 447

    Amendment No. 1 (for drafter's use only)





  1  necessary for any affirmative actions by said board. The Board

  2  of Fire Commissioners of said district shall have the

  3  authority to adopt ordinances and rules and regulations for

  4  fire safety and protection, including, but not limited to,

  5  those standards set out in section 633.025, Florida Statutes.

  6         Section 11.  Authority to employ qualified

  7  personnel.--The Board of Fire Commissioners of said district

  8  shall have the authority to employ personnel as required to

  9  carry out the purpose of the district. Such personnel may, in

10  addition to others, include a fire chief, who shall reside in

11  the district, one or more firefighters or inspectors, and

12  administrative or maintenance personnel as the Board of Fire

13  Commissioners deems necessary to carry out the purpose of the

14  district, and shall have authority to provide all things

15  necessary for the prevention, extinguishment, and control of

16  fires in the district.

17         Section 12.  Financial reporting.--The Board of Fire

18  Commissioners of the district shall comply with all

19  appropriate reporting requirements for units of local

20  government, including, but not limited to, sections 11.45,

21  189.416-189.418, 218.32, and 218.38, Florida Statutes. These

22  requirements as referenced herein include the filing on or

23  before September 1 of each year of the district's estimated

24  budget for the fiscal year beginning October 1, the filing of

25  financial statements and audits for the fiscal year ending

26  each September 30 within the timeframes identified, and other

27  reporting requirements specified.

28         Section 13.  Existence.--The North River Fire District

29  herein contemplated shall exist until dissolved by law.

30         Section 14.  Definitions.--The word "district" means

31  the North River Fire District and the words "board" and "Board

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 447

    Amendment No. 1 (for drafter's use only)





  1  of Fire Commissioners" mean the Board of Fire Commissioners of

  2  the North River Fire District, unless otherwise specified.

  3         Section 15.  Schedule of non-ad valorem

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

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

  6  maximum allowable rates which shall be charged by the

  7  district, if needed. For assessment purposes, all property

  8  within the district shall be divided into three general

  9  classifications: vacant parcels, residential parcels, and

10  commercial/industrial parcels.

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

12  essentially undeveloped and are usually classified by the

13  property appraiser as Use Code types "0000," "0004," "1000,"

14  "4000," "9800," "9900," and "5000" through "7000." The maximum

15  annual assessment for these parcels shall be:

16         (a)  Vacant residential lots (Use Code 0000) $8.90 per

17  lot.

18         (b)  Vacant condominia lots (Use Code 0004) $8.90 per

19  lot.

20         (c)  Unsubdivided acreage (Use Code 5000 through 7000,

21  9800, 9900, and 9901) $4.85 per acre or fraction thereof,

22  except that not more than $890 shall be assessed against any

23  one parcel.

24         (d)  Vacant commercial and industrial parcels (Use Code

25  1000 and 4000) shall be assessed as a platted lot or

26  unsubdivided acreage as applicable. Whenever a residential

27  unit is located on a parcel defined herein as vacant, the

28  residential plot shall be considered as one lot or one acre

29  with the balance of the parcel being assessed as vacant land

30  in accordance with the schedule of commercial/industrial

31  assessments. Whenever an agricultural or commercial building

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                                                   HOUSE AMENDMENT

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    Amendment No. 1 (for drafter's use only)





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

  2  the building or structure shall be assessed in accordance with

  3  the schedule of commercial/industrial assessments.

  4         (2)  Residential parcels shall include all parcels

  5  which are developed for residential purposes and are usually

  6  classified by the property appraiser as Use Code types "0100,"

  7  "0104," "0200," "0204," "0300," "0400," "0500," "0600,"

  8  "0700," "0800," "0801," "0803," "1200," "2800," and "2802."

  9

10  Surcharges may be assigned by the district for dwelling units

11  located on the second, third, fourth, fifth, or higher floors.

12  The maximum annual assessment for these parcels shall be:

13         (a)  Use Codes "0100" and "0104" shall be $98 per

14  single-family residence. If said residence is located on a

15  parcel of land not in excess of one lot or one acre, no

16  additional assessment shall be made for the land on which said

17  residence is located. If the land upon which said residence is

18  located exceeds one lot or one acre, an additional assessment

19  may be made in accordance with subsection (1).

20         (b)  Use Codes "0300," "0800," "0801," and "0803,"

21  multifamily residences, shall be $98 per unit. If said

22  residence is located on a parcel of land not in excess of one

23  lot or one acre, no additional assessment shall be made for

24  the land on which said residence is located. If the land upon

25  which said residence is located exceeds one lot or one acre,

26  an additional assessment may be made in accordance with

27  subsection (1).

28         (c)  Use Code "0400," condominia/apartments and

29  residential, shall be $98 per dwelling unit for any condominia

30  or apartment units located on the first and second floors. The

31  sum of $147 per unit for any condominia or apartment units

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                                                   Bill No. HB 447

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  1  located on the third floor; the sum of $196 per unit for any

  2  condominia or apartment units located on the fourth floor; the

  3  sum of $245 per unit for any condominia or apartment units

  4  located on the fifth floor; and the sum of $294 per unit for

  5  any condominia or apartment units on a floor above a fifth

  6  floor.

  7         (d)  Use Codes "0200," "0204," and "2802," mobile

  8  homes, mobile homes/condominia, and mobile home parks,

  9  residential, shall be $98 per dwelling unit.

10         (e)  Use Codes "0500," "0600," and "0700,"

11  cooperatives, retirement homes, miscellaneous, migrant camps,

12  etc., shall be assessed $98 per dwelling unit.

13         (f)  Any other residential units, including, but not

14  limited to, the residential portion of mixed uses (Use Code

15  1200) shall be assessed $98 per dwelling unit.

16         (g)  Travel trailer parks (Use Code 2800) shall be

17  assessed $49 per dwelling unit or available rental space, as

18  applicable.

19         (3)  Commercial/industrial parcels shall include all

20  other developed parcels which are not included in the

21  residential category as defined above. All

22  commercial/industrial parcels shall be assessed on a square

23  footage basis for all buildings and structures in accordance

24  with the following schedule and hazard classification. The

25  district may or may not vary the assessment by hazard

26  classifications as set forth herein, based on guidelines to be

27  approved by the Board of Fire Commissioners. The base

28  assessment for all buildings and structures shall be $178 for

29  the first 1,000 square feet on a parcel. The schedule for all

30  square footage above 1,000 square feet is as follows; however,

31  the district may grant an improved hazard rating to all or

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  1  part of the building and/or structures if they are equipped

  2  with complete internal fire suppression facilities.

  3

  4  Category            Use Codes            Square Foot Assessment

  5

  6  Mercantile (M)      1100, 1200, 1300,

  7                      1400, 1500, 1600,

  8                      1604, 2900           $0.09 per square foot

  9

10  Business (B)        1700, 1704, 1800,

11                      1900, 1904, 2200,

12                      2300, 2400, 2500,

13                      2600, 3000, 3600     $0.09 per square foot

14

15  Assembly (A)        2100, 3100, 3200,

16                      3300, 3400, 3500,

17                      3700, 3800, 3900,

18                      7600, 7700, 7900     $0.10 per square foot

19

20  Factory/            4100, 4104, 4400,

21  Industrial (F)      4500, 4600, 4700,

22                      9100                 $0.10 per square foot

23

24  Storage (S)         2000, 2700, 2800,

25                      4900                 $0.09 per square foot

26

27  Hazardous (H)       4200, 4300, 4800,

28                      4804                 $0.20 per square foot

29

30  Institutional (I)   7000, 7100, 7200,

31                      7300, 7400, 7800,

                                  15

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 447

    Amendment No. 1 (for drafter's use only)





  1                      8400, 8500, 9200     $0.09 per square foot

  2

  3  Whenever a parcel is utilized for multiple hazard

  4  classifications, the district may vary the assessment in

  5  accordance with actual categories.

  6         Section 16.  Impact fees.--

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

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

  9  Manatee County, which is itself experiencing one of the

10  highest growth rates in the nation. New construction and

11  resulting population growth has placed a strain upon the

12  capabilities of the district to continue providing the high

13  level of professional fire protection and emergency service

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

15  deserve.

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

17  facilities for fire protection and emergency service should be

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

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

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

21  the new user of the district's fire protection and emergency

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

23  the district for new facilities.

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

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

26  and equitable.

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

28  for new residential dwelling units or new commercial or

29  industrial structures within the district, or issue or obtain

30  construction plan approval for new mobile home or recreational

31  or travel trailer park developments located within the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 447

    Amendment No. 1 (for drafter's use only)





  1  district, until the developer thereof has paid the applicable

  2  impact fee to the district, according to a schedule determined

  3  annually by the board. The board shall establish a schedule of

  4  impact fees to pay for the cost of new facilities and

  5  equipment, the need for which is in whole or in part the

  6  result of new construction.

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

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

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

10  acquisition, purchase, or construction of new facilities or

11  portions thereof required to provide fire protection and

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

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

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

15  equipment, and other firefighting or rescue equipment. Said

16  fees shall not be used for the acquisition, purchase, or

17  construction of facilities which must be obtained in any

18  event, regardless of growth within the district.  The Board of

19  Fire Commissioners shall maintain adequate records to ensure

20  that impact fees are expended only for permissible new

21  facilities or equipment.

22         Section 4.  If any provision of this act or the

23  application thereof to any person or circumstance is held

24  invalid, the invalidity shall not affect other provisions or

25  applications of the act which can be given effect without the

26  invalid provision or application, and to this end the

27  provisions of this act are declared severable.

28         Section 5.  The provisions of this act shall be

29  liberally construed in order to effectively carry out the

30  purpose of this act in the interest of the public and safety.

31         Section 6.  Chapters 89-502, 91-406, and 96-452, Laws

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 447

    Amendment No. 1 (for drafter's use only)





  1  of Florida, are repealed.

  2         Section 7.  This act shall take effect upon becoming a

  3  law.

  4

  5

  6  ================ T I T L E   A M E N D M E N T ===============

  7  And the title is amended as follows:

  8         On page 1, line 2,

  9  remove:  the entire title

10

11  and insert:

12         An act relating to the North River Fire

13         District, Manatee County; codifying the

14         district charter; providing boundaries;

15         providing for a Board of Fire Commissioners;

16         providing for elections; providing for filling

17         of vacancies; providing authority to levy

18         non-ad valorem assessments; providing for

19         liens; providing for public hearings; providing

20         for deposit of funds; providing for use of

21         funds; providing borrowing power of the

22         district; providing authority and power to

23         acquire certain property; providing duties of

24         the Board of Fire Commissioners; providing

25         authority to employ qualified personnel;

26         providing for financial reporting; providing

27         for existence of the district; providing

28         definitions; providing for impact fees;

29         providing a schedule of non-ad valorem

30         assessments; providing severability; providing

31         for liberal construction; repealing chapters

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 447

    Amendment No. 1 (for drafter's use only)





  1         89-502, 91-406, and 96-452, Laws of Florida;

  2         providing an effective date.

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