HOUSE AMENDMENT Bill No. HB 1467 CS
1	CHAMBER ACTION
2	Senate House
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12	Representative Clarke offered the following:
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14	Amendment (with title amendment)
15	Remove everything after the enacting clause, and insert:
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17	Section 1. Section 3 of chapter 2000-402, Laws of Florida,
18	is amended to read:
19	Section 3. The Southern Manatee Fire and Rescue District
20	is recreated and the charter is recreated and reenacted to read:
21	Section 1. Incorporation.--All of the unincorporated lands
22	in Manatee County, as described in this act, shall be
23	incorporated into an independent special fire control district.
24	Said special fire control district shall be a public municipal
25	corporation under the name of the Southern Manatee Fire and
26	Rescue District. The district is organized and exists for all
27	purposes set forth in this act and chapters 189 and 191, Florida
28	Statutes. The district was created by the merger of the Oneco-
29	Tallevast and Samoset Fire Control Districts in chapter 92-249,
30	Laws of Florida. This charter may be amended only by special
31	act of the Legislature.
32	Section 2.3.Jurisdiction.--The lands to be incorporated
33	within the Southern Manatee Fire and Rescue District are located
34	in Manatee County, Florida, and are described as follows:
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36	Begin at the northwest corner of the southwest quarter
37	of the northwest quarter of Section 36, Township 34
38	South, Range 17 East, thence run generally east along
39	the south line of the city limits of the City of
40	Bradenton and an easterly extension thereof to the
41	center line of the Braden River at a point in Section
42	33, Township 34 South, Range 18 East; provided however
43	that those unincorporated enclaves located within the
44	corporate limits of the City of Bradenton within
45	Sections 29 and 32, Township 34 South, Range 18 East
46	are included; thence meandering the center line of the
47	Braden River in a southeasterly, southerly and
48	southwesterly direction to a point where the Braden
49	River intersects the westerly Right-of-Way line of I-
50	75, said point located in Section 25, Township 35
51	South, Range 18 East; thence southerly along said West
52	Right-of-Way line of I-75 and the extension thereof to
53	the line dividing Manatee County and Sarasota County,
54	said point being located in Section 36, Township 35
55	South, Range 18 East; then west to the Southeast
56	corner of Section 36, Township 35 South, Range 17
57	East; thence north to the Northeast corner of Section
58	36, Township 35 South, Range 17 East; thence west to
59	the Southwest corner of Southeast corner of Section
60	25, Township 35 South, Range 17 East; thence north to
61	the north line of said Section 25, Township 35 South,
62	Range 17 East; thence West to the Southwest corner of
63	Section 24, Township 35 South, Range 17 East; thence
64	north to the point of beginning.
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66	Section 3.4.Governing board.--
67	(1) In accordance with chapter 191, Florida Statutes, the
68	business and affairs of the district shall be conducted and
69	administered by a five-member board of fire commissioners
70	elected pursuant to chapter 191, Florida Statutes, by the
71	electors of the district in a nonpartisan election held at the
72	time and in the manner prescribed for holding general elections
73	in section 189.405(2)(a), Florida Statutes. Each member of the
74	board shall be elected for a term of 4 years and shall serve
75	until his or her successor assumes office.
76	(2) The office of each board member is designated as a
77	seat on the board, distinguished from each of the other seats by
78	a numeral: 1, 2, 3, 4, or 5. Each candidate must designate, at
79	the time he or she qualifies, the seat on the board for which he
80	or she is qualifying. The name of each candidate who qualifies
81	shall be included on the ballot in a way that clearly indicates
82	the seat for which he or she is a candidate. The candidate for
83	each seat who receives the most votes shall be elected to the
84	board.
85	(3) In accordance with chapter 191, Florida Statutes, each
86	member of the board must be a qualified elector at the time he
87	or she qualifies and continually throughout his or her term.
88	(4) In accordance with chapter 191, Florida Statutes, each
89	elected member shall assume office 10 days following the
90	member's election. Annually, within 60 days after the newly
91	elected members have taken office, the board shall organize by
92	electing from its members a chair, a vice chair, a secretary,
93	and a treasurer. The positions of secretary and treasurer may
94	be held by one member.
95	(5) Members of the board may each be paid a salary or
96	honorarium to be determined by at least a majority plus one vote
97	of the board, pursuant to chapter 191, Florida Statutes.
98	(6) If a vacancy occurs on the board due to the
99	resignation, death, removal of a board member, or the failure of
100	anyone to qualify for a board seat, the remaining members may
101	appoint a qualified person to fill the seat until the next
102	general election, at which time an election shall be held to
103	fill the vacancy for the remaining term, if any.
104	(7) The procedures for conducting district elections or
105	referenda and for qualification of electors shall be pursuant to
106	chapters 189 and 191, Florida Statutes.
107	(8) The board shall have those administrative duties set
108	forth in this act and chapters 189 and 191, Florida Statutes, as
109	they may be amended from time to time.
110	Section 4.5. Authority to levy non-ad valorem
111	assessments.-—Said district shall have the right, power, and
112	authority to levy non-ad valorem assessments as defined in
113	section 197.3632, Florida Statutes, against the taxable real
114	estate lying within its territorial bounds in order to provide
115	funds for the purpose of the district. The rate of such
116	assessments shall be fixed annually by a resolution of the board
117	of commissioners after the conduct of a public hearing. Such
118	non-ad valorem assessments may be imposed, collected, and
119	enforced pursuant to the provisions of sections 197.363-
120	197.3635, Florida Statutes.
121	Section 5.6.Schedule of non-ad valorem assessments.—-The
122	assessment procedures and amount, as set forth herein, represent
123	the manner to be followed and the maximum allowable rates that
124	may be charged by the district, if needed. For assessment
125	purposes, all property within the district shall be divided into
126	three general classifications: vacant parcels, residential
127	parcels, and commercial/industrial parcels.
128	(1) Vacant parcels shall include all parcels that are
129	essentially undeveloped and are usually classified by the
130	property appraiser as use code types "0000," "0004," "1000,"
131	"4000," "9800," "9900," and "5000" through "7000." The maximum
132	annual assessment for these parcels shall be:
133	(a) Vacant platted lots (use code 0000) or unbuilt
134	condominia (use code 0004) $4 per lot or condominium.
135	(b) Unsubdivided acreage (use codes 5000 through 7000 and
136	9800, 9900, and 9901) $2 per acre or fraction thereof, except
137	that not more than $250 may be assessed against any one parcel.
138	(c) Vacant commercial and industrial parcels, per lot or
139	parcel (use codes 1000 and 4000) $4 per lot or parcel. Whenever
140	a residential unit is located on a parcel defined herein as
141	vacant, the residential plot shall be considered as one lot or
142	one acre, with the balance of the parcel being assessed as
143	vacant land in accordance with the schedule herein. Whenever an
144	agricultural or commercial building or structure is located on a
145	parcel defined herein as vacant, the building or structure shall
146	be assessed in accordance with the schedule of
147	commercial/industrial assessments.
148	(2) Residential parcels include all parcels that are
149	developed for residential purposes and are usually classified by
150	the property appraiser as use code types "0100" through "0800,"
151	"0801," "0803," and "2802." All residential parcels shall be
152	assessed by the number and size of dwelling units per parcel.
153	Surcharges may be assigned by the district for dwelling units
154	located on the third or higher floors. The maximum annual
155	assessment for these parcels shall be:
156	(a) Single family residential (use code 0100) shall be
157	assessed per dwelling unit. The base assessment for all
158	dwellings may not exceed $60 for the first 1,000 square feet.
159	Each square foot above 1,000 square feet shall be assessed at a
160	rate not to exceed $0.04 per square foot.
161	(b) Condominia residential (use code 0400) shall be
162	assessed $90 per dwelling unit.
163	(c) Mobile homes (use codes 0200 or 0204) shall be
164	assessed $80 per dwelling unit.
165	(d) Multifamily residential (use codes 0300 and 0800),
166	cooperatives (use code 0500), retirement homes (use code 0600),
167	and miscellaneous residential uses (use code 0700) shall be
168	assessed $90 per dwelling unit or, in the case of group
169	quarters, per bedroom.
170	(e) Mobile home or travel trailer parks (use code 2802)
171	shall be assessed $80 per dwelling unit or available rental
172	space as applicable.
173	(f) Any other residential unit, including, but not limited
174	to, the residential portions of mixed uses (use code 1200),
175	shall be assessed $90 per dwelling unit.
176	(3)(a) Commercial/industrial parcels shall include all
177	other developed parcels that are not included in the residential
178	category as defined above. All commercial/industrial parcels
179	shall be assessed on a square footage basis for all buildings
180	and structures in accordance with the following schedule and
181	hazard classification. The district may or may not vary the
182	assessment by hazard classifications as set forth herein.
183	(b) The base assessment for all buildings and structures
184	shall be $200 for the first 1,000 square feet on a parcel. The
185	schedule for all square footage above 1,000 square feet is as
186	follows. However, the district may grant an improved hazard
187	rating to all or part of the buildings and structures if they
188	are equipped with complete internal fire suppression facilities.
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190	Category Use Codes Square Foot Assessment
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192	Mercantile (M) 1100,1200,1300,1400,
193	1500,1600,1604,2900 $0.0525 per sq. ft.
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195	Business (B) 1700,1704,1800,1900,
196	1904,2200,2300,2400,
197	2500,2600,3000,3600 $0.0525 per sq. ft.
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199	Assembly (A) 2100,3100,3200,3300,
200	3400,3500,3700,3800,
201	3900,7600,7700,7900 $0.0675 per sq. ft.
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203	Factory/ 4100,4104,4400,4500,
204	Industrial (F) 4600,4700,9100 $0.0900 per sq. ft.
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206	Storage (S) 2000,2700,2800,4900 $0.0900 per sq. ft.
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208	Hazardous (H) 4200,4300,4800,4804 $0.1050 per sq. ft.
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210	Institutional 7000,7100,7200,7300,
211	(I) 7400,7800,8400,8500,
212	9200 $0.0600 per sq. ft.
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214	(c) Whenever a parcel is used for multiple hazard
215	classifications, the district may vary the assessment in
216	accordance with actual categories.
217	(d) The board of commissioners shall have the authority to
218	further define these use code numbers subject to information
219	received from the property appraiser's office.
220	(e) Whenever one industrial complex under single ownership
221	has more than 2.5 million square feet of structures on a site of
222	contiguous parcels or a site of parcels that would be contiguous
223	except that they are dissected by one or more transportation
224	rights-of-way, the maximum fire tax assessment may not exceed
225	one-half of the adopted fire tax rate for that tax year for
226	factory industrial use. Such rate shall be applied to all
227	structural square footage in the complex regardless of actual
228	use or use classification.
229	Section 6.7.Impact fees.--
230	(1)(a) It is hereby found and determined that the district
231	is located in one of the fastest growing areas of Manatee
232	County, which is itself experiencing one of the highest growth
233	rates in the nation. New construction and resulting population
234	growth have placed a strain upon the capabilities of the
235	district to continue providing the high level of professional
236	fire protection and emergency service for which the residents of
237	the district pay and which they deserve.
238	(b) It is hereby declared that the cost of new facilities
239	for fire protection and emergency service should be borne by new
240	users of the district services to the extent new construction
241	requires new facilities, but only to that extent. It is the
242	legislative intent of this section to transfer to the new users
243	of the district's fire protection and emergency services a fair
244	share of the costs that new users impose on the district for new
245	facilities.
246	(c) It is hereby declared that the amount of the impact
247	fees provided for in this section are just, reasonable, and
248	equitable.
249	(d) On September 10, 2002, the district’s electors
250	approved a referendum authorizing the district to increase
251	impact fees on new construction.
252	(2) No person may issue or obtain a building permit for
253	new residential dwelling units or new commercial or industrial
254	structures within the district, or issue or obtain construction
255	plan approval for new mobile home or recreational or travel
256	trailer park developments located within the district, until the
257	developer thereof has paid the applicable impact fee to the
258	district, according to a schedule determined annually by the
259	board in accordance with chapter 191, Florida Statutes, as
260	amended from time to time. The impact fee shall not exceed the
261	followingas follows: each new residential dwelling unit, $300
262	$150; new commercial or industrial structures, $620$310up to
263	5,000 square feet, and $620$310 plus $0.16$0.08per square
264	foot above 5,000 square feet for structures 5,000 square feet or
265	over; new recreational or travel trailer park developments, $80
266	$40 per lot or permitted space. However, the district, following
267	a public hearing, may exceed such rates upon a determination by
268	the district board that the costs of new development will exceed
269	the maximum impact fee rate and such fees are necessary for the
270	district to provide an adequate level of service for new
271	development.
272	(3) The impact fees collected by the district pursuant to
273	this section shall be kept as a separate fund from other
274	revenues of the district and shall be used exclusively for the
275	acquisition, purchase, or construction of new facilities or
276	portions thereof required to provide fire protection and
277	emergency service to new construction. "New facilities" means
278	land, buildings, and capital equipment, including, but not
279	limited to, fire and emergency vehicles and radio-telemetry
280	equipment. The fees may not be used for the acquisition,
281	purchase, or construction of facilities which must be obtained
282	in any event, regardless of growth within the district. The
283	board of fire commissioners shall maintain adequate records to
284	ensure that impact fees are expended only for permissible new
285	facilities.
286	Section 7.8.Other district powers, functions, and
287	duties.--In addition to any powers set forth in this act, the
288	district shall hold all powers, functions, and duties set forth
289	in chapters 189, 191, and 197, Florida Statutes, as they may be
290	amended from time to time, including, but not limited to, ad
291	valorem taxation, bond issuance, other revenue-raising
292	capabilities, budget preparation and approval, liens and
293	foreclosure of liens, use of tax deeds and tax certificates as
294	appropriate for non-ad valorem assessments, and contractual
295	agreements. The district may be financed by any method
296	established in this act, chapter 189, Florida Statutes, or
297	chapter 191, Florida Statutes, or any other applicable general
298	or special law, as they may be amended from time to time. The
299	district shall also have the authority to levy an ad valorem
300	millage not to exceed 3.75 mills per year pursuant to referendum
301	approval of the district’s electors on September 10, 2002, as
302	authorized by section 191.009(1), Florida Statutes. The
303	district is authorized, following a public hearing, to levy up
304	to .7 mill in the first year of levying ad valorem taxes and may
305	increase such rate annually by up to .7 mill not to exceed a
306	total rate of 3.75 mills per year, following a public hearing at
307	the time of initial levy and at each increase thereafter.
308	Section 8.9.Planning.--The district's planning
309	requirements shall be as set forth in this act, chapters 189 and
310	191, Florida Statutes, and other applicable general or special
311	laws, as they may be amended from time to time.
312	Section 9.10.Boundaries.--The district's geographic
313	boundary limitations shall be as set forth in this act.
314	Section 10.11.Officers and employees.--Requirements for
315	financial disclosure, meeting notices, public records
316	maintenance, and per diem expenses for officers and employees
317	shall be as set forth in chapters 112, 119, 189, 191, and 286,
318	Florida Statutes, as they may be amended from time to time.
319	Section 11.12.Bonds.--The procedures and requirements
320	governing the issuance of bonds, notes, and other evidence of
321	indebtedness by the district shall be as set forth in this act,
322	chapter 191, Florida Statutes, and any other applicable general
323	or special laws, as they may be amended from time to time.
324	Section 2. This act shall take effect upon becoming a law.
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328	================= T I T L E A M E N D M E N T =================
329	Remove line(s) 14-20, and insert: Laws of Florida;
330	conforming the district’s charter to section 191.009,
331	F.S., relating to impact fees; revising the district’s
332	impact fee schedule; incorporating the district’s
333	authority granted by referendum to levy ad valorem taxes;
334	limiting annual increases in millage rate; providing an
335	effective date.