HB 1467 2003
1	CHAMBER ACTION
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6	The Committee on Local Government & Veterans' Affairs recommends
7	the following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to the Southern Manatee Fire and Rescue
13	District, in Manatee County; amending chapter 2000-402,
14	Laws of Florida; revising the district’s non-ad valorem
15	assessments schedule; conforming the district’s charter to
16	section 191.009, Florida Statutes, relating to impact
17	fees; revising the district’s impact fee schedule;
18	incorporating the district’s authority granted by
19	referendum to levy ad valorem taxes; providing an
20	effective date.
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22	Be It Enacted by the Legislature of the State of Florida:
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24	Section 1. Sections 6, 7, and 8 of section 3 of chapter
25	2000-402, Laws of Florida, are amended to read:
26	Section 6. Schedule of non-ad valorem assessments.--
27	(1) The non-ad valorem assessment rates that the district
28	currently charges is hereby confirmed and ratified. Non-ad
29	valorem assessment rates set by the board may exceed the maximum
30	rates established by special act, the previous year’s
31	resolution, or referendum in an amount not to exceed the average
32	annual growth rate in Florida personal income over the previous
33	5 years. Non-ad valorem assessment rate increases within the
34	personal income threshold are deemed to be within the maximum
35	rate authorized by law at the time of initial imposition.
36	Proposed non-ad valorem assessment increases which exceed the
37	rate set the previous fiscal year or the rate previously set by
38	special act by more than the average annual growth rate in
39	Florida personal income over the last 5 years must be approved
40	by referendum of the electors of the district. Non-ad valorem
41	assessments shall be imposed, collected, and enforced pursuant
42	to section 191.011, Florida Statutes.
43	(2) Whenever one industrial complex, within the District
44	boundaries, under single ownership has in excess of 1.5 million
45	square feet of structures on a site of contiguous parcels or a
46	site of parcels that would be contiguous except that they are
47	dissected by one or more transportation rights of way, the
48	maximum fire tax assessment shall not exceed 32.5 percent of the
49	adopted fire tax rate for that tax year for factory industrial
50	use. The 32.5 percent rate shall be applied to ownerships that
51	maintain full fire protection and suppression systems,
52	monitoring, on-site emergency responses, and 24-hour security of
53	the premises, designed to limit the response of the fire
54	department to minor accidents and false alarms. Such rate shall
55	be applied to all structural square footage in the complex
56	regardless of actual use or use classification.The assessment
57	procedures and amount, as set forth herein, represent the manner
58	to be followed and the maximum allowable rates that may be
59	charged by the district, if needed. For assessment purposes, all
60	property within the district shall be divided into three general
61	classifications: vacant parcels, residential parcels, and
62	commercial/industrial parcels.
63	(1) Vacant parcels shall include all parcels that are
64	essentially undeveloped and are usually classified by the
65	property appraiser as use code types "0000," "0004," "1000,"
66	"4000," "9800," "9900," and "5000" through "7000." The maximum
67	annual assessment for these parcels shall be:
68	(a) Vacant platted lots (use code 0000) or unbuilt
69	condominia (use code 0004) $4 per lot or condominium.
70	(b) Unsubdivided acreage (use codes 5000 through 7000 and
71	9800, 9900, and 9901) $2 per acre or fraction thereof, except
72	that not more than $250 may be assessed against any one parcel.
73	(c) Vacant commercial and industrial parcels, per lot or
74	parcel (use codes 1000 and 4000) $4 per lot or parcel.
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76	Whenever a residential unit is located on a parcel defined
77	herein as vacant, the residential plot shall be considered as
78	one lot or one acre, with the balance of the parcel being
79	assessed as vacant land in accordance with the schedule herein.
80	Whenever an agricultural or commercial building or structure is
81	located on a parcel defined herein as vacant, the building or
82	structure shall be assessed in accordance with the schedule of
83	commercial/industrial assessments.
84	(2) Residential parcels include all parcels that are
85	developed for residential purposes and are usually classified by
86	the property appraiser as use code types "0100" through "0800,"
87	"0801," "0803," and "2802." All residential parcels shall be
88	assessed by the number and size of dwelling units per parcel.
89	Surcharges may be assigned by the district for dwelling units
90	located on the third or higher floors. The maximum annual
91	assessment for these parcels shall be:
92	(a) Single family residential (use code 0100) shall be
93	assessed per dwelling unit. The base assessment for all
94	dwellings may not exceed $60 for the first 1,000 square feet.
95	Each square foot above 1,000 square feet shall be assessed at a
96	rate not to exceed $0.04 per square foot.
97	(b) Condominia residential (use code 0400) shall be
98	assessed $90 per dwelling unit.
99	(c) Mobile homes (use codes 0200 or 0204) shall be
100	assessed $80 per dwelling unit.
101	(d) Multifamily residential (use codes 0300 and 0800),
102	cooperatives (use code 0500), retirement homes (use code 0600),
103	and miscellaneous residential uses (use code 0700) shall be
104	assessed $90 per dwelling unit or, in the case of group
105	quarters, per bedroom.
106	(e) Mobile home or travel trailer parks (use code 2802)
107	shall be assessed $80 per dwelling unit or available rental
108	space as applicable.
109	(f) Any other residential unit, including, but not limited
110	to, the residential portions of mixed uses (use code 1200),
111	shall be assessed $90 per dwelling unit.
112	(3)(a) Commercial/industrial parcels shall include all
113	other developed parcels that are not included in the residential
114	category as defined above. All commercial/industrial parcels
115	shall be assessed on a square footage basis for all buildings
116	and structures in accordance with the following schedule and
117	hazard classification. The district may or may not vary the
118	assessment by hazard classifications as set forth herein.
119	(b) The base assessment for all buildings and structures
120	shall be $200 for the first 1,000 square feet on a parcel. The
121	schedule for all square footage above 1,000 square feet is as
122	follows. However, the district may grant an improved hazard
123	rating to all or part of the buildings and structures if they
124	are equipped with complete internal fire suppression facilities.
125	Category Use Codes Square Foot Assessment
126	(c) Whenever a parcel is used for multiple hazard
127	classifications, the district may vary the assessment in
128	accordance with actual categories.
129	(d) The board of commissioners shall have the authority to
130	further define these use code numbers subject to information
131	received from the property appraiser's office.
132	(e) Whenever one industrial complex under single ownership
133	has more than 2.5 million square feet of structures on a site of
134	contiguous parcels or a site of parcels that would be contiguous
135	except that they are dissected by one or more transportation
136	rights-of-way, the maximum fire tax assessment may not exceed
137	one-half of the adopted fire tax rate for that tax year for
138	factory industrial use. Such rate shall be applied to all
139	structural square footage in the complex regardless of actual
140	use or use classification.
141	Section 7. Impact fees.--
142	(1)(a) It is hereby found and determined that the district
143	is located in one of the fastest growing areas of Manatee
144	County, which is itself experiencing one of the highest growth
145	rates in the nation. New construction and resulting population
146	growth have placed a strain upon the capabilities of the
147	district to continue providing the high level of professional
148	fire protection and emergency service for which the residents of
149	the district pay and which they deserve.
150	(b) It is hereby declared that the cost of new facilities
151	for fire protection and emergency service should be borne by new
152	users of the district services to the extent new construction
153	requires new facilities, but only to that extent. It is the
154	legislative intent of this section to transfer to the new users
155	of the district's fire protection and emergency services a fair
156	share of the costs that new users impose on the district for new
157	facilities.
158	(c) It is hereby declared that the amount of the impact
159	fees provided for in this section are just, reasonable, and
160	equitable.
161	(d) On September 10, 2002, the district’s electors
162	approved a referendum authorizing the district to increase
163	impact fees on new construction.
164	(2) No person may issue or obtain a building permit for
165	new residential dwelling units or new commercial or industrial
166	structures within the district, or issue or obtain construction
167	plan approval for new mobile home or recreational or travel
168	trailer park developments located within the district, until the
169	developer thereof has paid the applicable impact fee to the
170	district, according to a schedule determined annually by the
171	board in accordance with chapter 191, Florida Statutes, as
172	amended from time to time. The maximum impact fee shall not
173	exceed the followingas follows: each new residential dwelling
174	unit, $1,000$150; new commercial or industrial structures,
175	$1,500$310 up to 5,000 square feet, and $1,500$310 plus $0.50
176	$0.08per square foot above 5,000 square feet for structures
177	5,000 square feet or over; new recreational or travel trailer
178	park developments, $300$40per lot or permitted space.
179	(3) The impact fees collected by the district pursuant to
180	this section shall be kept as a separate fund from other
181	revenues of the district and shall be used exclusively for the
182	acquisition, purchase, or construction of new facilities or
183	portions thereof required to provide fire protection and
184	emergency service to new construction. "New facilities" means
185	land, buildings, and capital equipment, including, but not
186	limited to, fire and emergency vehicles and radio-telemetry
187	equipment. The fees may not be used for the acquisition,
188	purchase, or construction of facilities which must be obtained
189	in any event, regardless of growth within the district. The
190	board of fire commissioners shall maintain adequate records to
191	ensure that impact fees are expended only for permissible new
192	facilities.
193	Section 8. Other district powers, functions, and
194	duties.--In addition to any powers set forth in this act, the
195	district shall hold all powers, functions, and duties set forth
196	in chapters 189, 191, and 197, Florida Statutes, as they may be
197	amended from time to time, including, but not limited to, ad
198	valorem taxation, bond issuance, other revenue-raising
199	capabilities, budget preparation and approval, liens and
200	foreclosure of liens, use of tax deeds and tax certificates as
201	appropriate for non-ad valorem assessments, and contractual
202	agreements. The district may be financed by any method
203	established in this act, chapter 189, Florida Statutes, or
204	chapter 191, Florida Statutes, or any other applicable general
205	or special law, as they may be amended from time to time. The
206	district shall also have the authority to levy an ad valorem
207	millage not to exceed 3.75 mills annually pursuant to referendum
208	approval of the district’s electors on September 10, 2002, as
209	authorized by section 191.009(1), Florida Statutes.
210	Section 2. This act shall take effect upon becoming a law.
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