House Bill hb0447er
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    2002 Legislature                       HB 447, First Engrossed
  1
  2         An act relating to the North River Fire
  3         District, Manatee County; codifying the
  4         district charter; providing boundaries;
  5         providing for a Board of Fire Commissioners;
  6         providing for elections; providing for filling
  7         of vacancies; providing authority to levy
  8         non-ad valorem assessments; providing for
  9         liens; providing for public hearings; providing
10         for deposit of funds; providing for use of
11         funds; providing borrowing power of the
12         district; providing authority and power to
13         acquire certain property; providing duties of
14         the Board of Fire Commissioners; providing
15         authority to employ qualified personnel;
16         providing for financial reporting; providing
17         for existence of the district; providing
18         definitions; providing for impact fees;
19         providing a schedule of non-ad valorem
20         assessments; providing severability; providing
21         for liberal construction; repealing chapters
22         89-502, 91-406, and 96-452, Laws of Florida;
23         providing an effective date.
24
25  Be It Enacted by the Legislature of the State of Florida:
26
27         Section 1.  Pursuant to section 191.015, Florida
28  Statutes, this act constitutes the codification of all special
29  acts relating to the North River Fire District. It is the
30  intent of this act to provide a single, comprehensive special
31  act charter for the district including all current legislative
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  1  authority granted to the district by its several legislative
  2  enactments and by any additional authority granted by this act
  3  and chapters 189 and 191, Florida Statutes, as they may be
  4  amended from time to time. It is further the intent of this
  5  act to preserve all district authority.
  6         Section 2.  Chapters 89-502, 91-406, and 96-452, Laws
  7  of Florida, are codified, amended, reenacted, and repealed as
  8  herein provided.
  9         Section 3.  The North River Fire District is re-created
10  and the charter is recreated and reenacted to read:
11         Section 1.  Incorporation.--Upon this act becoming a
12  law, all of the unincorporated lands in Manatee County, as
13  described in this act, and the City of Palmetto, shall become
14  and be incorporated into an independent special fire district.
15  Said special fire district shall become and be a public
16  municipal corporation, having the powers and duties herein set
17  forth under the name of North River Fire District.
18         Section 2.  Jurisdiction.--The lands to be incorporated
19  within the North River Fire District are located in Manatee
20  County and are described as follows:
21
22         All of Sections 1, 12, 13, 14, 21, 22, 23, 24,
23         25, 26, 27, 28, 32, 33, 34, 35 and 36, all in
24         Township 33 South, Range 17 East; all of
25         Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
26         13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24,
27         25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and
28         36, all in Township 33 South, Range 18 East;
29         all of Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
30         11, 12, 13, 14, 15, 16 and 17, and that part of
31         Sections 18, 22, 23 and 24 North of North
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  1         bulkhead line of the Manatee River, all in
  2         Township 34 South, Range 17 East; all of
  3         Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
  4         17, 18, and 19, and that part of Section 16
  5         lying North of North bulkhead line of the
  6         Manatee River, all in Township 34 South, Range
  7         18 East. Further including the full right of
  8         way of all abutting roads. Also, all islands
  9         and submerged lands within the limits of the
10         established bulkhead line abutting the
11         specified Sections, more particularly described
12         as follows:
13
14         Begin at the intersection of the established or
15         to be established bulkhead line along the North
16         bank of the Manatee River with the West
17         boundary of Section 7, Township 34 South, Range
18         17 East; thence Easterly along the established
19         or to be established bulkhead line of the
20         Manatee River to the East boundary of Section
21         12, Township 34 South, Range 18 East; thence
22         Northerly along the East boundary of Township
23         34 South, Range 18 East to the Manatee
24         County-Hillsborough County boundary line;
25         thence Westerly along the Manatee
26         County-Hillsborough County boundary line to the
27         established or to be established bulkhead line
28         of the East shore of Tampa Bay; thence
29         Southerly and Westerly along the established or
30         to be established bulkhead line of Tampa Bay
31         and Terra Ceia Bay to the established or to be
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  1         established bulkhead line on the North bank of
  2         the Manatee River to the West boundary of
  3         Section 7, Township 34 South, Range 17 East and
  4         the Point of Beginning.
  5
  6         Section 3.  Board of Fire Commissioners.--The business
  7  and affairs of said district shall be conducted and
  8  administered by a board of seven commissioners, who shall be
  9  elected as provided for in section 4. Upon their election
10  annually in January, the commissioners shall organize by
11  electing from their number a chair and vice chair. The
12  commissioners shall appoint or employ a qualified person or
13  persons for the positions of secretary or treasurer, or the
14  position of secretary/treasurer. The positions of secretary,
15  treasurer, or secretary/treasurer may be held by one
16  commissioner or the commission may, in lieu of electing a
17  secretary and/or treasurer from its number, employ a qualified
18  person or persons who is not a commissioner to perform the
19  duties of secretary, treasurer, or secretary/treasurer and may
20  compensate such person or persons from funds of the district
21  for the services rendered. If the commissioners do employ such
22  qualified person or persons to perform the duties of
23  secretary, treasurer, or secretary/treasurer, said performance
24  shall be subject to the supervision of the Board of Fire
25  Commissioners. The commissioners may each be paid a salary or
26  honorarium, to be determined by the board, that shall not
27  exceed $500 per month and may not be otherwise employed by the
28  district on either a full-time or part-time basis and receive
29  compensation for such employment, except as specifically
30  provided for herein. The Board of Fire Commissioners is
31  authorized to pay the commissioner or commissioners who are
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  1  elected secretary, treasurer, or secretary/treasurer a
  2  reasonable sum for their services as such. The treasurer
  3  shall, before he or she enters upon his or her duties as
  4  treasurer, execute to the State of Florida, for the benefit of
  5  the district, a good and sufficient bond approved by a Circuit
  6  Judge of Manatee County in the sum of not less than $1,000
  7  with a qualified corporate surety, conditioned to faithfully
  8  perform the duties as such treasurer and to account for all
  9  funds to come into his or her hands as treasurer. All premiums
10  for such surety on all such bonds shall be paid from the funds
11  of said district. The Board of Fire Commissioners shall have
12  the authority and power to make and enter into contracts with
13  firms, individuals, and municipal corporations relating to any
14  and all of the purposes of the district.
15         Section 4.  Election of commissioners.--
16         (1)  The members of the Board of Fire Commissioners of
17  the district shall consist of seven members who shall serve
18  for 4-year terms and shall be elected by a nonpartisan
19  election, as hereinafter set forth. The seven-member Board of
20  Fire Commissioners shall consist of one member elected by the
21  entire fire district to represent each of five fire
22  commissioner districts of the North River Fire District, plus
23  two commissioners elected by the entire fire district to hold
24  seats at large. The boundaries of the fire commissioner
25  districts shall be established by the board and shall be
26  numerically designated as fire commissioner districts 1, 2, 3,
27  4, and 5. The fire commissioner seats on the board shall be
28  identified as seats 1, 2, 3, 4, and 5, corresponding to the
29  numerical designation of each fire commissioner district,
30  respectively, and the at-large seats shall be identified as
31  seats 6 and 7. In addition to requirements of candidates for
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  1  election under general law, in order to qualify for such
  2  election or for maintaining such a position, a candidate or
  3  elected commissioner shall reside within his or her respective
  4  district.
  5         (2)  Four members of the Board of Fire Commissioners
  6  (district seats 2, 4, and 5 and at-large seat 6) shall be
  7  elected at the general election during each United States
  8  presidential election year. The remaining three members of the
  9  board (district seats 1 and 3 and at-large seat 7) shall be
10  elected at the general election during each Florida
11  gubernatorial election year.
12         (3)  Each elected commissioner shall hold office until
13  his or her successor is elected and qualified, or until such
14  commissioner ceases to qualify as a commissioner or is removed
15  from office.
16         (4)  Each elected member shall assume office on the
17  third Thursday following the election.
18         (5)  If a vacancy occurs on the board, the remaining
19  members may appoint a qualified person to fill the seat until
20  the next general election that is held at least 3 months after
21  the date the vacancy occurs, at which time an election shall
22  be held to fill the vacancy.
23         Section 5.  Authority to levy non-ad valorem
24  assessments.--
25         (1)  Said district shall have the right, power, and
26  authority to levy non-ad valorem assessments against the
27  taxable real estate lying within its territorial bounds, as
28  well as assessing an additional charge for hazardous or
29  emergency conditions, in order to provide funds for the
30  purpose of the district. The rate of such assessments shall be
31  fixed by a resolution of the Board of Fire Commissioners, but
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  1  shall in no event exceed the amounts set forth in section 15,
  2  unless increased as provided in section 191.009(2), Florida
  3  Statutes.
  4         (2)  The Board of Fire Commissioners is hereby
  5  authorized to provide a reasonable schedule of charges for
  6  emergency services, including, but not limited to,
  7  firefighting occurring in or to motor vehicles, marine vessels
  8  including live-aboards, aircraft, or rail cars including
  9  engines, or as a result of the operation of such motor
10  vehicles, marine vessels including live-aboards, aircraft, or
11  rail cars including engines to which the North River Fire
12  District is called upon to render such emergency service, and
13  to charge a fee for the services rendered in accordance with
14  said schedule. The North River Fire District shall have a lien
15  upon said motor vehicle, marine vessel including live-aboards,
16  aircraft, or rail cars including engines for the charges so
17  assessed. The Board of Fire Commissioners is authorized to
18  enter into contracts for firefighting duties which provide a
19  reasonable remuneration to the district for such firefighting
20  activities.
21         (3)  The Board of Fire Commissioners is authorized to
22  provide a reasonable schedule of charges for the fighting of
23  fires occurring in or at refuse dumps or as a result of an
24  illegal burn, which fire, dump, or burn is not authorized by
25  general or special law of the state, rule, regulation, order,
26  or ordinance to which the district is called upon to fight
27  and/or extinguish. The fee charged in accordance with said
28  schedule shall constitute a lien upon the real property where
29  said fire or burn is located.
30         (4)  The district shall provide to the County Property
31  Appraiser a notice of fire assessment rates as adopted by
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  1  resolution not later than June 1 of each year. The County
  2  Property Appraiser shall then furnish to the commissioners of
  3  the district a tax roll covering all taxable properties with
  4  the assessment rate levy placed on each parcel of property by
  5  July 1, which tax roll is consistent with and set forth by
  6  section 193.1142, Florida Statutes. Not later than 21 days
  7  after receipt of the tax roll from the County Property
  8  Appraiser, the district shall return the tax roll, having
  9  first checked and noted any corrections or adjustments to the
10  fire assessment levy against each parcel of property.
11         (5)  Prior to adopting a rate of assessment as required
12  in subsection (4), the Board of Fire Commissioners of the
13  district shall properly advertise and hold a public hearing
14  with respect to the proposed rate of assessment. At such
15  hearing, any property owner in the district shall have the
16  right to file a written objection and/or testify at such
17  hearing regarding the proposed rate of assessment. After due
18  consideration of all comments or protests, the Board of Fire
19  Commissioners shall adopt a resolution specifying the rate of
20  assessment on all taxable property.
21         (6)  The Board of Fire Commissioners of the district
22  shall, not earlier than 30 days nor later than 45 days after
23  the mailing of the notice of proposed property taxes as
24  required by section 194.011(1), Florida Statutes, hold a
25  properly advertised public hearing to hear appeals from any
26  property owner in the district with respect to the method of
27  calculation and/or the amounts of fire assessment levied
28  against a parcel of land. Within 20 calendar days after the
29  conclusion of the public hearing to hear appeals, the Board of
30  Fire Commissioners of the district shall notify all concerned
31  parties and the County Property Appraiser in writing of its
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  1  decision. The decision shall include reasons for granting or
  2  denying the appeal.
  3         (7)  The County Property Appraiser shall then include
  4  the assessments thus made by the Board of Fire Commissioners
  5  of the district in the Manatee County tax roll and the same
  6  shall be collected in the manner and form as is provided for
  7  the collection of county taxes and paid over by the County Tax
  8  Collector to the Board of Fire Commissioners.
  9         (8)  Such non-ad valorem assessments shall be a lien
10  upon the land so assessed along with the county taxes assessed
11  against the same until said assessments have been paid and, if
12  the same become delinquent, shall be considered a part of the
13  county tax subject to the same penalties, fees, and remedies
14  for enforcement and collections, and shall be enforced and
15  collected as provided by the laws of the state for the
16  collection of such taxes.
17         Section 6.  Deposit of funds.--All proceeds of
18  assessments and other funds of the district shall be deposited
19  in the name of the district in a financial institution
20  designated under the provisions of chapter 280, Florida
21  Statutes, as a qualified public depository. The approved
22  financial institution shall be designated by a resolution of
23  the Board of Fire Commissioners. No funds of the district
24  shall be paid out or disbursed except by check.
25         Section 7.  Use of funds.--No funds of the district
26  shall be used for any purpose other than for the
27  administration of the affairs and business of the district;
28  for the acquisition, construction, care, maintenance, upkeep,
29  and operation of sites for fire stations; fire station and
30  firefighting and rescue equipment; the employment of qualified
31  personnel as provided for herein and payment of the essential
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  1  personnel benefits such as health, life, disability, and
  2  workers' compensation insurance; retirement programs and other
  3  associated costs designed to further the purpose of the
  4  district; and for legal expenses incurred for the operation,
  5  enforcement, and furtherance of the district's affairs and
  6  business.
  7         Section 8.  Borrowing power.--The Board of Fire
  8  Commissioners shall have the power and authority to borrow
  9  money for the purpose of the district and to mortgage the real
10  and personal property of the district or to pledge future
11  assessments and liens as security for such loans. The limits
12  of such authority shall be that the amount borrowed shall not
13  exceed three times the total assessments in the fiscal year
14  the loan is contracted; however, the district commissioners
15  shall not create any indebtedness or incur obligations for any
16  amount which it is unable to pay out of the district's funds.
17  Neither the district commissioners as a body nor any one of
18  them as an individual shall be personally or individually
19  liable for the repayment of such loan or loans. In addition,
20  the Board of Fire Commissioners shall have the power and
21  authority to make purchases of equipment on an installment
22  basis as necessary, if funds are available for the payment of
23  the current year's installment on such equipment plus the
24  amount due in that year on any other installment or other
25  indebtedness.
26         Section 9.  Authority and power to acquire.--The North
27  River Fire District shall have all of the corporate powers of
28  a Florida municipal corporation as provided by statute,
29  including, but not limited to, the right to sue and to be
30  sued; to lease, own, possess, and convey real and personal
31  property necessary to carry out the purpose of this act; and
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  1  to acquire such property by grant, gift, purchase, devise, or
  2  eminent domain, or any means whatsoever.
  3         Section 10.  Duties of officers and authority of
  4  commissioners.--The officers of the Board of Fire
  5  Commissioners shall have the duties usually pertaining to,
  6  vested in, and incumbent upon like officers. A record shall be
  7  kept of all meetings of said Board of Fire Commissioners and
  8  in such meetings concurrence of a majority of said
  9  commissioners at the meeting consisting of a quorum shall be
10  necessary for any affirmative actions by said board. The Board
11  of Fire Commissioners of said district shall have the
12  authority to adopt ordinances and rules and regulations for
13  fire safety and protection, including, but not limited to,
14  those standards set out in section 633.025, Florida Statutes.
15         Section 11.  Authority to employ qualified
16  personnel.--The Board of Fire Commissioners of said district
17  shall have the authority to employ personnel as required to
18  carry out the purpose of the district. Such personnel may, in
19  addition to others, include a fire chief, who shall reside in
20  the district, one or more firefighters or inspectors, and
21  administrative or maintenance personnel as the Board of Fire
22  Commissioners deems necessary to carry out the purpose of the
23  district, and shall have authority to provide all things
24  necessary for the prevention, extinguishment, and control of
25  fires in the district.
26         Section 12.  Financial reporting.--The Board of Fire
27  Commissioners of the district shall comply with all
28  appropriate reporting requirements for units of local
29  government, including, but not limited to, sections 11.45,
30  189.416-189.418, 218.32, and 218.38, Florida Statutes. These
31  requirements as referenced herein include the filing on or
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  1  before September 1 of each year of the district's estimated
  2  budget for the fiscal year beginning October 1, the filing of
  3  financial statements and audits for the fiscal year ending
  4  each September 30 within the timeframes identified, and other
  5  reporting requirements specified.
  6         Section 13.  Existence.--The North River Fire District
  7  herein contemplated shall exist until dissolved by law.
  8         Section 14.  Definitions.--The word "district" means
  9  the North River Fire District and the words "board" and "Board
10  of Fire Commissioners" mean the Board of Fire Commissioners of
11  the North River Fire District, unless otherwise specified.
12         Section 15.  Schedule of non-ad valorem
13  assessments.--The assessment procedures and amounts, as set
14  forth herein, represent the manner to be followed and the
15  maximum allowable rates which shall be charged by the
16  district, if needed. For assessment purposes, all property
17  within the district shall be divided into three general
18  classifications: vacant parcels, residential parcels, and
19  commercial/industrial parcels.
20         (1)  Vacant parcels shall include all parcels which are
21  essentially undeveloped and are usually classified by the
22  property appraiser as Use Code types "0000," "0004," "1000,"
23  "4000," "9800," "9900," and "5000" through "7000." The maximum
24  annual assessment for these parcels shall be:
25         (a)  Vacant residential lots (Use Code 0000) $8.90 per
26  lot.
27         (b)  Vacant condominia lots (Use Code 0004) $8.90 per
28  lot.
29         (c)  Unsubdivided acreage (Use Code 5000 through 7000,
30  9800, 9900, and 9901) $4.85 per acre or fraction thereof,
31
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  1  except that not more than $890 shall be assessed against any
  2  one parcel.
  3         (d)  Vacant commercial and industrial parcels (Use Code
  4  1000 and 4000) shall be assessed as a platted lot or
  5  unsubdivided acreage as applicable. Whenever a residential
  6  unit is located on a parcel defined herein as vacant, the
  7  residential plot shall be considered as one lot or one acre
  8  with the balance of the parcel being assessed as vacant land
  9  in accordance with the schedule of commercial/industrial
10  assessments. Whenever an agricultural or commercial building
11  or structure is located on a parcel defined herein as vacant,
12  the building or structure shall be assessed in accordance with
13  the schedule of commercial/industrial assessments.
14         (2)  Residential parcels shall include all parcels
15  which are developed for residential purposes and are usually
16  classified by the property appraiser as Use Code types "0100,"
17  "0104," "0200," "0204," "0300," "0400," "0500," "0600,"
18  "0700," "0800," "0801," "0803," "1200," "2800," and "2802."
19
20  Surcharges may be assigned by the district for dwelling units
21  located on the second, third, fourth, fifth, or higher floors.
22  The maximum annual assessment for these parcels shall be:
23         (a)  Use Codes "0100" and "0104" shall be $98 per
24  single-family residence. If said residence is located on a
25  parcel of land not in excess of one lot or one acre, no
26  additional assessment shall be made for the land on which said
27  residence is located. If the land upon which said residence is
28  located exceeds one lot or one acre, an additional assessment
29  may be made in accordance with subsection (1).
30         (b)  Use Codes "0300," "0800," "0801," and "0803,"
31  multifamily residences, shall be $98 per unit. If said
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  1  residence is located on a parcel of land not in excess of one
  2  lot or one acre, no additional assessment shall be made for
  3  the land on which said residence is located. If the land upon
  4  which said residence is located exceeds one lot or one acre,
  5  an additional assessment may be made in accordance with
  6  subsection (1).
  7         (c)  Use Code "0400," condominia/apartments and
  8  residential, shall be $98 per dwelling unit for any condominia
  9  or apartment units located on the first and second floors. The
10  sum of $147 per unit for any condominia or apartment units
11  located on the third floor; the sum of $196 per unit for any
12  condominia or apartment units located on the fourth floor; the
13  sum of $245 per unit for any condominia or apartment units
14  located on the fifth floor; and the sum of $294 per unit for
15  any condominia or apartment units on a floor above a fifth
16  floor.
17         (d)  Use Codes "0200," "0204," and "2802," mobile
18  homes, mobile homes/condominia, and mobile home parks,
19  residential, shall be $98 per dwelling unit.
20         (e)  Use Codes "0500," "0600," and "0700,"
21  cooperatives, retirement homes, miscellaneous, migrant camps,
22  etc., shall be assessed $98 per dwelling unit.
23         (f)  Any other residential units, including, but not
24  limited to, the residential portion of mixed uses (Use Code
25  1200) shall be assessed $98 per dwelling unit.
26         (g)  Travel trailer parks (Use Code 2800) shall be
27  assessed $49 per dwelling unit or available rental space, as
28  applicable.
29         (3)  Commercial/industrial parcels shall include all
30  other developed parcels which are not included in the
31  residential category as defined above. All
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  1  commercial/industrial parcels shall be assessed on a square
  2  footage basis for all buildings and structures in accordance
  3  with the following schedule and hazard classification. The
  4  district may or may not vary the assessment by hazard
  5  classifications as set forth herein, based on guidelines to be
  6  approved by the Board of Fire Commissioners. The base
  7  assessment for all buildings and structures shall be $178 for
  8  the first 1,000 square feet on a parcel. The schedule for all
  9  square footage above 1,000 square feet is as follows; however,
10  the district may grant an improved hazard rating to all or
11  part of the building and/or structures if they are equipped
12  with complete internal fire suppression facilities.
13
14  Category            Use Codes            Square Foot Assessment
15
16  Mercantile (M)      1100, 1200, 1300,
17                      1400, 1500, 1600,
18                      1604, 2900           $0.09 per square foot
19
20  Business (B)        1700, 1704, 1800,
21                      1900, 1904, 2200,
22                      2300, 2400, 2500,
23                      2600, 3000, 3600     $0.09 per square foot
24
25  Assembly (A)        2100, 3100, 3200,
26                      3300, 3400, 3500,
27                      3700, 3800, 3900,
28                      7600, 7700, 7900     $0.10 per square foot
29
30  Factory/            4100, 4104, 4400,
31  Industrial (F)      4500, 4600, 4700,
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  1                      9100                 $0.10 per square foot
  2
  3  Storage (S)         2000, 2700, 2800,
  4                      4900                 $0.09 per square foot
  5
  6  Hazardous (H)       4200, 4300, 4800,
  7                      4804                 $0.20 per square foot
  8
  9  Institutional (I)   7000, 7100, 7200,
10                      7300, 7400, 7800,
11                      8400, 8500, 9200     $0.09 per square foot
12
13  Whenever a parcel is utilized for multiple hazard
14  classifications, the district may vary the assessment in
15  accordance with actual categories.
16         Section 16.  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
20  highest growth rates in the nation. New construction and
21  resulting population growth has placed a strain upon the
22  capabilities of the district to continue providing the high
23  level of professional fire protection and emergency service
24  for which the residents of the district pay and which they
25  deserve.
26         (b)  It is hereby declared that the cost of new
27  facilities for fire protection and emergency service should be
28  borne by new users of the district services to the extent new
29  construction requires new facilities, but only to that extent.
30  It is the legislative intent of this section to transfer to
31  the new user of the district's fire protection and emergency
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  1  services a fair share of the costs that new users impose on
  2  the district for new facilities.
  3         (c)  It is hereby declared that the amount 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 mobile home or recreational
10  or travel trailer park developments located within the
11  district, until the developer thereof has paid the applicable
12  impact fee to the district, according to a schedule determined
13  annually by the board. The board shall establish a schedule of
14  impact fees to pay for the cost of new facilities and
15  equipment, the need for which is in whole or in part the
16  result of new construction.
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 radio-telemetry
25  equipment, and other firefighting or rescue equipment. Said
26  fees shall not be used for the acquisition, purchase, or
27  construction of facilities which must be obtained in any
28  event, regardless of growth within the district.  The Board of
29  Fire Commissioners shall maintain adequate records to ensure
30  that impact fees are expended only for permissible new
31  facilities or equipment.
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    ENROLLED
    2002 Legislature                       HB 447, First Engrossed
  1         Section 4.  If any provision of this act or the
  2  application thereof to any person or circumstance is held
  3  invalid, the invalidity shall not affect other provisions or
  4  applications of the act which can be given effect without the
  5  invalid provision or application, and to this end the
  6  provisions of this act are declared severable.
  7         Section 5.  The provisions of this act shall be
  8  liberally construed in order to effectively carry out the
  9  purpose of this act in the interest of the public and safety.
10         Section 6.  Chapters 89-502, 91-406, and 96-452, Laws
11  of Florida, are repealed.
12         Section 7.  This act shall take effect upon becoming a
13  law.
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