House Bill hb0979e1

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                                           HB 979, First Engrossed



  1                      A bill to be entitled

  2         An act relating to Cedar Hammock Fire Control

  3         District; providing legislative intent;

  4         amending, codifying, and reenacting all prior

  5         special acts; providing for incorporation as a

  6         special fire control district; providing a

  7         district boundary; providing for a governing

  8         board of said district; providing for non-ad

  9         valorem assessments and impact fees; providing

10         a schedule of non-ad valorem assessments;

11         providing for district powers, functions and

12         duties; restating chapter 93-352, Laws of

13         Florida, as amended by chapter 94-373, Laws of

14         Florida, providing for the deletion of a

15         reference to the district; providing for

16         construction and effect; providing an effective

17         date.

18

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

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

22  Florida Statutes, it is the intent of the Legislature to

23  provide a single, comprehensive special act charter for the

24  Cedar Hammock Fire Control District, which includes all

25  current legislative authority granted to the district by its

26  several legislative enactments and any additional authority

27  granted by this act and chapters 189 and 191, Florida

28  Statutes, as they may be amended from time to time.  The Cedar

29  Hammock Fire Control District's charter was codified in

30  chapter 2000-391, Laws of Florida.  It is intended that this

31  act be the District's single comprehensive special act.  It is


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                                           HB 979, First Engrossed



  1  further the intent of this act to preserve all district

  2  authority.

  3         Section 2.  Chapter 2000-391, Laws of Florida, is

  4  reenacted, amended and repealed as herein provided.

  5         Section 3.  The Cedar Hammock Fire Control District is

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

  7  read:

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

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

10  incorporated into an independent special fire control

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

12  municipal corporation under the name of Cedar Hammock Fire

13  Control District. The district is organized and exists for all

14  purposes set forth in this act and chapters 189 and 191,

15  Florida Statutes. The district was created by special act in

16  1957 and its charter may be amended only by special act of the

17  Legislature.

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

19  within the Cedar Hammock Fire Control District are located in

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

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

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

24         the center line of Bowlees Creek, that point

25         being located in Section 23, Township 34,

26         Range17 East; thence Westerly along the center

27         line of said Bowlees Creek to the waters of

28         Sarasota Bay; Less and excepting all the lands

29         within Trailer Estates Subdivisions, as shown

30         in Plat Book 8, Pages 138, 139, 140, and 141,

31         and in Plat Book 9, Page 61, of the Public


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                                           HB 979, First Engrossed



  1         Records of Manatee County, Florida. Thence

  2         meander the shore line of Sarasota Bay in a

  3         Westerly and Northwesterly direction to point

  4         where said shore line intersects the West line

  5         of Section 7, Township 35, Range 17 East,

  6         thence North along said section line to

  7         intersection of said section line with Cortez

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

  9         the waters of Palma Sola Bay, meander the shore

10         of Palma Sola Bay in an easterly,

11         Northeasterly, Northwesterly, and Northerly

12         direction to point where shore line intersects

13         the South line of Section 31, Township 34,

14         Range 17 East, thence East along South line of

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

16         17 East to Point of Beginning, less those lands

17         annexed by the City of Bradenton after the

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

19         Together with Block B, Trailer Estates recorded

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

21         of Manatee County, Florida.

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23         Section 3.  Governing board.--

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

25  the business and affairs of the district shall be conducted

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

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

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

29  time and in the manner prescribed for holding general

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

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                                           HB 979, First Engrossed



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

  2  shall serve until his or her successor assumes office.

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

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

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

  6  at the time he or she qualifies, the seat on the board for

  7  which he or she is qualifying. The name of each candidate who

  8  qualifies shall be included on the ballot in a way that

  9  clearly indicates the seat for which he or she is a candidate.

10  The candidate for each seat who receives the most votes shall

11  be elected to the board.

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

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

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

15  term.

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

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

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

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

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

21  secretary and treasurer may be held by one member.

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

23  honorarium to be determined by at least a majority plus vote

24  of the board, pursuant to chapter 191, Florida Statutes.

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

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

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

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

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

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

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                                           HB 979, First Engrossed



  1         (7)  The procedures for conducting district elections

  2  or referenda and for qualification of electors shall be

  3  pursuant to chapters 189 and 191, Florida Statutes.

  4         (8)  The board shall have those administrative duties

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

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

  7         Section 4.  Authority to levy non-ad valorem

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

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

10  section 197.3632(1)(d), Florida Statutes, against the taxable

11  real estate lying within its territorial bounds in order to

12  provide funds for the purpose of the district. The rate of

13  such assessments shall be fixed annually by a resolution of

14  the board of commissioners after a public hearing is

15  conducted. The district shall not increase assessment rates

16  more than 10 percent in any year. In accordance with section

17  191.009(2), Florida Statutes, once the maximum allowable rates

18  set forth in section 5 have been attained, the district may

19  exceed the maximum rates in an amount not to exceed the

20  average annual growth rate in Florida personal income over the

21  previous 5 years. Such non-ad valorem assessments may be

22  imposed, collected, and enforced pursuant to the provisions of

23  sections 197.363-197.3635, Florida Statutes.

24         Section 5.  Schedule of non-ad valorem

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

26  forth in this section, represent the procedure to be followed

27  and the maximum allowable rates that may be charged by the

28  district. For assessment purposes, all property within the

29  district shall be divided into three general classifications:

30  vacant parcels, residential parcels, and commercial/industrial

31  parcels.


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                                           HB 979, First Engrossed



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

  2  essentially undeveloped and are usually classified by the

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

  4  and 5000 through 6900. The maximum annual assessment for these

  5  parcels shall be:

  6         (a)  Vacant platted lot (use code 0000), $10 per lot.

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

  8  and use code 9900), $10 per acre or fraction thereof, except

  9  that not more than $2,500 shall be assessed against any one

10  parcel.

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

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

13  acreage, as applicable.

14         (d)  Whenever a residential unit is located on a parcel

15  defined in this section as vacant, the residential plot shall

16  be considered as one lot or one acre, with the balance of the

17  parcel being assessed as vacant land in accordance with the

18  schedule herein.

19         (e)  Whenever an agricultural or commercial building or

20  structure is located on a parcel defined in this section as

21  vacant, the building or structure shall be assessed in

22  accordance with the schedule of commercial/industrial

23  assessments.

24         (2)  Residential parcels shall include all parcels that

25  are developed for residential purposes and are usually

26  classified by the property appraiser as use code types 0100

27  through 0800 and use code 2800. All residential parcels shall

28  be assessed by the number and size of dwelling units per

29  parcel. Surcharges may be assigned by the district for

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

31  maximum annual assessment for these parcels shall be:


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                                           HB 979, First Engrossed



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

  2  assessed on a square-footage basis for all dwelling units in

  3  accordance with the following schedule: The base assessment

  4  for all dwellings shall be $100 for the first 1,000 square

  5  feet in the dwelling unit. All square footage above 1,000

  6  square feet shall be charged at a rate of $0.05 per square

  7  foot.

  8         (b)  Condominium residential (use code 0400) shall be

  9  assessed as follows:

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

11  floors, $150 per dwelling unit.

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

13  $200 per dwelling unit.

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

15  $225 per dwelling unit.

16         (c)  Mobile homes (use code 0200) shall be assessed

17  $150 per dwelling unit.

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

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

20  0600), and miscellaneous residential uses (use code 0700)

21  shall be assessed as follows:

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

23  floors, $150 per dwelling unit.

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

25  $200 per dwelling unit.

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

27  $225 per dwelling unit.

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

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

30  1200) and mobile home or travel trailer parks (use code 2800),

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                                           HB 979, First Engrossed



  1  shall be assessed $100 per dwelling unit or available rental

  2  space, as applicable.

  3         (3)  Commercial/industrial parcels shall include all

  4  other developed parcels that are not included in the

  5  residential category as defined in subsection (2). All

  6  commercial/industrial parcels shall be assessed on a

  7  square-footage basis for all buildings and structures in

  8  accordance with the schedule and hazard classification in

  9  subsection (4). The district may or may not vary the

10  assessment by hazard classifications as set forth in

11  subsection (4).

12         (4)  The base assessment for all

13  commercial/industrial/institutional buildings and structures

14  shall be $300 for the first 1,000 square feet on a parcel. The

15  district may grant an improved hazard rating to all or part of

16  the buildings and structures if they are equipped with

17  complete internal fire suppression facilities. The schedule

18  for all square footage above 1,000 square feet is as follows:

19      Category          Use Codes          Square Foot Assessment

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21      Mercantile (M)    1100,1200,1300,    $0.10 per sq. ft.

22                        1400,1500,1600,

23                        and 2900

24      Business (B)      1700,1800,1900,    $0.10 per sq. ft.

25                        2200,2300,2400,

26                        2500,2600,3000,

27                        and 3600

28      Assembly (A)      2100,3100,3200,    $0.10 per sq. ft.

29                        3300,3400,3500,

30                        3700,3800,3900,

31                        7200,7600,7700,


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                                           HB 979, First Engrossed



  1                        and 7900

  2      Factory/          4100,4400,4500,    $0.10 per sq. ft.

  3      Industrial (F)    4600,4700, and

  4                        9100

  5      Storage (S)       2000,2700,2800,    $0.10 per sq. ft.

  6                        and 4900

  7      Hazardous (H)     4200,4300, and     $0.15 per sq. ft.

  8                        4800

  9      Institutional     7000,7300,7400,    $0.10 per sq. ft.

10      I                 7500, and 7800

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12         (5)  Whenever a parcel is used for multiple hazard

13  classifications, the district may vary the assessment in

14  accordance with actual categories. The board of commissioners

15  shall have the authority to further define these use code

16  numbers subject to information received from the property

17  appraiser's office.

18         Section 6.  Impact fees.--

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

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

21  Manatee County which is itself experiencing one of the highest

22  growth rates in the nation. New construction and resulting

23  population growth have placed a strain upon the capabilities

24  of the district to continue providing the high level of

25  professional fire protection and emergency service for which

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

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

28  facilities upon fire protection and emergency service should

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

30  new construction requires new facilities, but only to that

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


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                                           HB 979, First Engrossed



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

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

  3  users impose on the district for new facilities.

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

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

  6  and equitable.

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

  8  for new residential dwelling units or new commercial or

  9  industrial structures within the district, or issue or obtain

10  construction plan approval for new recreational or travel

11  trailer park developments located within the district, until

12  the developer shall have paid the applicable impact fee to the

13  district, according to a schedule determined annually by the

14  board in accordance with chapter 191, Florida Statutes.

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

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

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

18  acquisition, purchase, or construction of new facilities or

19  portions thereof required to provide fire protection and

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

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

22  limited to, fire and emergency vehicles and radio telemetry

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

24  purchase, or construction of facilities which must be obtained

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

26  board of fire commissioners shall maintain adequate records to

27  ensure that impact fees are expended only for permissible new

28  facilities.

29         Section 7.  Other district powers, functions, and

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

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


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                                           HB 979, First Engrossed



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

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

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

  4  capabilities, budget preparation and approval, liens and

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

  6  appropriate for non-ad valorem assessments, and contractual

  7  agreements. The district may be financed by any method

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

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

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

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

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

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

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

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

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

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

18  financial disclosure, meeting notices, public records

19  maintenance, and per diem expenses for officers and employees

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

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

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

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

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

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

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

27  time.

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

29  as remedial and shall be liberally construed to promote the

30  purpose for which it is intended.

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                                           HB 979, First Engrossed



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

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

  3  affect any other part thereof.

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

  5  2000-391, Laws of Florida, is repealed.

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

  7  1 of chapter 93-352, Laws of Florida, as amended by chapter

  8  94-373, Laws of Florida, is restated to read:

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10         Section 1.  Manatee County district boards of

11         fire commissioners; membership.

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13         (1)(a)  The business affairs of the Cedar

14         Hammock Fire Control District, Parrish Fire

15         Control District, Southern Manatee Fire and

16         Rescue District, Trailer Estates Fire Control

17         District, Westside Fire Control District, and

18         Whitfield Fire Control District in Manatee

19         County shall each be conducted and administered

20         by a five-member board of fire commissioners

21         that is elected by the electors of the

22         respective district in a nonpartisan election

23         held at the time and in the manner prescribed

24         for holding general elections in section

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

26         of a district board shall be elected for a term

27         of 4 years and shall serve until his successor

28         is chosen and qualified, except that members

29         elected to seats 2 and 4 in the first election

30         held after the effective date of this act shall

31         be elected for a term of 2 years.


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                                           HB 979, First Engrossed



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

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