Senate Bill sb2990
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Florida Senate - 2003 (NP) SB 2990
By Senator Bennett
21-2556-03
1 A bill to be entitled
2 An act relating to the Southern Manatee Fire
3 and Rescue District, in Manatee County;
4 amending chapter 2000-402, Laws of Florida;
5 conforming the district's charter to section
6 191.009, F.S., relating to impact fees;
7 revising the district's impact fee schedule;
8 incorporating the district's authority granted
9 by referendum to levy ad valorem taxes;
10 limiting annual increases in millage rate;
11 providing an effective date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Section 3 of chapter 2000-402, Laws of
16 Florida, is amended to read:
17 Section 3. The Southern Manatee Fire and Rescue
18 District is recreated and the charter is recreated and
19 reenacted to read:
20 Section 1. Incorporation.--All of the unincorporated
21 lands in Manatee County, as described in this act, shall be
22 incorporated into an independent special fire control
23 district. Said special fire control district shall be a public
24 municipal corporation under the name of the Southern Manatee
25 Fire and Rescue District. The district is organized and exists
26 for all purposes set forth in this act and chapters 189 and
27 191, Florida Statutes. The district was created by the merger
28 of the Oneco-Tallevast and Samoset Fire Control Districts in
29 chapter 92-249, Laws of Florida. This charter may be amended
30 only by special act of the Legislature.
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1 Section 2.3. Jurisdiction.--The lands to be
2 incorporated within the Southern Manatee Fire and Rescue
3 District are located in Manatee County, Florida, and are
4 described as follows:
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6 Begin at the northwest corner of the southwest
7 quarter of the northwest quarter of Section 36,
8 Township 34 South, Range 17 East, thence run
9 generally east along the south line of the city
10 limits of the City of Bradenton and an easterly
11 extension thereof to the center line of the
12 Braden River at a point in Section 33, Township
13 34 South, Range 18 East; provided however that
14 those unincorporated enclaves located within
15 the corporate limits of the City of Bradenton
16 within Sections 29 and 32, Township 34 South,
17 Range 18 East are included; thence meandering
18 the center line of the Braden River in a
19 southeasterly, southerly and southwesterly
20 direction to a point where the Braden River
21 intersects the westerly Right-of-Way line of
22 I-75, said point located in Section 25,
23 Township 35 South, Range 18 East; thence
24 southerly along said West Right-of-Way line of
25 I-75 and the extension thereof to the line
26 dividing Manatee County and Sarasota County,
27 said point being located in Section 36,
28 Township 35 South, Range 18 East; then west to
29 the Southeast corner of Section 36, Township 35
30 South, Range 17 East; thence north to the
31 Northeast corner of Section 36, Township 35
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1 South, Range 17 East; thence west to the
2 Southwest corner of Southeast corner of Section
3 25, Township 35 South, Range 17 East; thence
4 north to the north line of said Section 25,
5 Township 35 South, Range 17 East; thence West
6 to the Southwest corner of Section 24, Township
7 35 South, Range 17 East; thence north to the
8 point of beginning.
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10 Section 3.4. Governing board.--
11 (1) In accordance with chapter 191, Florida Statutes,
12 the business and affairs of the district shall be conducted
13 and administered by a five-member board of fire commissioners
14 elected pursuant to chapter 191, Florida Statutes, by the
15 electors of the district in a nonpartisan election held at the
16 time and in the manner prescribed for holding general
17 elections in section 189.405(2)(a), Florida Statutes. Each
18 member of the board shall be elected for a term of 4 years and
19 shall serve until his or her successor assumes office.
20 (2) The office of each board member is designated as a
21 seat on the board, distinguished from each of the other seats
22 by a numeral: 1, 2, 3, 4, or 5. Each candidate must
23 designate, at the time he or she qualifies, the seat on the
24 board for which he or she is qualifying. The name of each
25 candidate who qualifies shall be included on the ballot in a
26 way that clearly indicates the seat for which he or she is a
27 candidate. The candidate for each seat who receives the most
28 votes shall be elected to the board.
29 (3) In accordance with chapter 191, Florida Statutes,
30 each member of the board must be a qualified elector at the
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1 time he or she qualifies and continually throughout his or her
2 term.
3 (4) In accordance with chapter 191, Florida Statutes,
4 each elected member shall assume office 10 days following the
5 member's election. Annually, within 60 days after the newly
6 elected members have taken office, the board shall organize by
7 electing from its members a chair, a vice chair, a secretary,
8 and a treasurer. The positions of secretary and treasurer may
9 be held by one member.
10 (5) Members of the board may each be paid a salary or
11 honorarium to be determined by at least a majority plus one
12 vote of the board, pursuant to chapter 191, Florida Statutes.
13 (6) If a vacancy occurs on the board due to the
14 resignation, death, removal of a board member, or the failure
15 of anyone to qualify for a board seat, the remaining members
16 may appoint a qualified person to fill the seat until the next
17 general election, at which time an election shall be held to
18 fill the vacancy for the remaining term, if any.
19 (7) The procedures for conducting district elections
20 or referenda and for qualification of electors shall be
21 pursuant to chapters 189 and 191, Florida Statutes.
22 (8) The board shall have those administrative duties
23 set forth in this act and chapters 189 and 191, Florida
24 Statutes, as they may be amended from time to time.
25 Section 4.5. Authority to levy non-ad valorem
26 assessments.--Said district shall have the right, power, and
27 authority to levy non-ad valorem assessments as defined in
28 section 197.3632, Florida Statutes, against the taxable real
29 estate lying within its territorial bounds in order to provide
30 funds for the purpose of the district. The rate of such
31 assessments shall be fixed annually by a resolution of the
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1 board of commissioners after the conduct of a public hearing.
2 Such non-ad valorem assessments may be imposed, collected, and
3 enforced pursuant to the provisions of sections
4 197.363-197.3635, Florida Statutes.
5 Section 5.6. Schedule of non-ad valorem
6 assessments.---The assessment procedures and amount, as set
7 forth herein, represent the manner to be followed and the
8 maximum allowable rates that may be charged by the district,
9 if needed. For assessment purposes, all property within the
10 district shall be divided into three general
11 classifications: vacant parcels, residential parcels, and
12 commercial/industrial parcels.
13 (1) Vacant parcels shall include all parcels that are
14 essentially undeveloped and are usually classified by the
15 property appraiser as use code types "0000," "0004," "1000,"
16 "4000," "9800," "9900," and "5000" through "7000." The
17 maximum annual assessment for these parcels shall be:
18 (a) Vacant platted lots (use code 0000) or unbuilt
19 condominia (use code 0004) $4 per lot or condominium.
20 (b) Unsubdivided acreage (use codes 5000 through 7000
21 and 9800, 9900, and 9901) $2 per acre or fraction thereof,
22 except that not more than $250 may be assessed against any one
23 parcel.
24 (c) Vacant commercial and industrial parcels, per lot
25 or parcel (use codes 1000 and 4000) $4 per lot or parcel.
26 Whenever a residential unit is located on a parcel defined
27 herein as vacant, the residential plot shall be considered as
28 one lot or one acre, with the balance of the parcel being
29 assessed as vacant land in accordance with the schedule
30 herein. Whenever an agricultural or commercial building or
31 structure is located on a parcel defined herein as vacant, the
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1 building or structure shall be assessed in accordance with the
2 schedule of commercial/industrial assessments.
3 (2) Residential parcels include all parcels that are
4 developed for residential purposes and are usually classified
5 by the property appraiser as use code types "0100" through
6 "0800," "0801," "0803," and "2802." All residential parcels
7 shall be assessed by the number and size of dwelling units per
8 parcel. Surcharges may be assigned by the district for
9 dwelling units located on the third or higher floors. The
10 maximum annual assessment for these parcels shall be:
11 (a) Single family residential (use code 0100) shall be
12 assessed per dwelling unit. The base assessment for all
13 dwellings may not exceed $60 for the first 1,000 square feet.
14 Each square foot above 1,000 square feet shall be assessed at
15 a rate not to exceed $0.04 per square foot.
16 (b) Condominia residential (use code 0400) shall be
17 assessed $90 per dwelling unit.
18 (c) Mobile homes (use codes 0200 or 0204) shall be
19 assessed $80 per dwelling unit.
20 (d) Multifamily residential (use codes 0300 and 0800),
21 cooperatives (use code 0500), retirement homes (use code
22 0600), and miscellaneous residential uses (use code 0700)
23 shall be assessed $90 per dwelling unit or, in the case of
24 group quarters, per bedroom.
25 (e) Mobile home or travel trailer parks (use code
26 2802) shall be assessed $80 per dwelling unit or available
27 rental space as applicable.
28 (f) Any other residential unit, including, but not
29 limited to, the residential portions of mixed uses (use code
30 1200), shall be assessed $90 per dwelling unit.
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1 (3)(a) Commercial/industrial parcels shall include all
2 other developed parcels that are not included in the
3 residential category as defined above. All
4 commercial/industrial parcels shall be assessed on a square
5 footage basis for all buildings and structures in accordance
6 with the following schedule and hazard classification. The
7 district may or may not vary the assessment by hazard
8 classifications as set forth herein.
9 (b) The base assessment for all buildings and
10 structures shall be $200 for the first 1,000 square feet on a
11 parcel. The schedule for all square footage above 1,000
12 square feet is as follows. However, the district may grant an
13 improved hazard rating to all or part of the buildings and
14 structures if they are equipped with complete internal fire
15 suppression facilities.
16 Category Use Codes Square Foot
17 Assessment
18 Mercantile (M) 1100,1200,1300,1400,
19 1500,1600,1604,2900 $0.0525 per sq. ft.
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21 Business 1700,1704,1800,1900,
22 1904,2200,2300,2400,
23 2500,2600,3000,3600 $0.0525 per sq. ft.
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25 Assembly (A) 1700,1704,1800,1900,
26 1904,2200,2300,2400,
27 2500,2600,3000,3600 $0.0525 per sq. ft.
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1 Assembly (A) 2100,3100,3200,3300,
2 3400,3500,3700,3800,
3 3900,7600,7700,7900 $0.0675 per sq. ft.
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5 Factory/ 4100,4104,4400,4500,
6 Industrial (F) 4600,4700,9100 $0.0900 per sq. ft.
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8 Storage (S) 2000,2700,2800,4900 $0.0900 per sq. ft.
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10 Hazardous (H) 4200,4300,4800,4804 $0.1050 per sq. ft.
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12 Institutional 7000,7100,7200,7300,
13 (I) 7400,7800,8400,8500,
14 9200 $0.0600 per sq. ft.
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16 (c) Whenever a parcel is used for multiple hazard
17 classifications, the district may vary the assessment in
18 accordance with actual categories.
19 (d) The board of commissioners shall have the
20 authority to further define these use code numbers subject to
21 information received from the property appraiser's office.
22 (e) Whenever one industrial complex under single
23 ownership has more than 2.5 million square feet of structures
24 on a site of contiguous parcels or a site of parcels that
25 would be contiguous except that they are dissected by one or
26 more transportation rights-of-way, the maximum fire tax
27 assessment may not exceed one-half of the adopted fire tax
28 rate for that tax year for factory industrial use. Such rate
29 shall be applied to all structural square footage in the
30 complex regardless of actual use or use classification.
31 Section 6.7. Impact fees.--
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1 (1)(a) It is hereby found and determined that the
2 district is located in one of the fastest growing areas of
3 Manatee County, which is itself experiencing one of the
4 highest growth rates in the nation. New construction and
5 resulting population growth have placed a strain upon the
6 capabilities of the district to continue providing the high
7 level of professional fire protection and emergency service
8 for which the residents of the district pay and which they
9 deserve.
10 (b) It is hereby declared that the cost of new
11 facilities for fire protection and emergency service should be
12 borne by new users of the district services to the extent new
13 construction requires new facilities, but only to that extent.
14 It is the legislative intent of this section to transfer to
15 the new users of the district's fire protection and emergency
16 services a fair share of the costs that new users impose on
17 the district for new facilities.
18 (c) It is hereby declared that the amount of the
19 impact fees provided for in this section are just, reasonable,
20 and equitable.
21 (d) On September 10, 2002, the district's electors
22 approved a referendum authorizing the district to increase
23 impact fees on new construction.
24 (2) No person may issue or obtain a building permit
25 for new residential dwelling units or new commercial or
26 industrial structures within the district, or issue or obtain
27 construction plan approval for new mobile home or recreational
28 or travel trailer park developments located within the
29 district, until the developer thereof has paid the applicable
30 impact fee to the district, according to a schedule determined
31 annually by the board in accordance with chapter 191, Florida
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1 Statutes, as amended from time to time. The impact fee shall
2 not exceed the following as follows: each new residential
3 dwelling unit, $300 $150; new commercial or industrial
4 structures, $620 $310 up to 5,000 square feet, and $620 $310
5 plus $0.16 $0.08 per square foot above 5,000 square feet for
6 structures 5,000 square feet or over; new recreational or
7 travel trailer park developments, $80 $40 per lot or permitted
8 space. However, the district, following a public hearing, may
9 exceed such rates upon a determination by the district board
10 that the costs of new development will exceed the maximum
11 impact fee rate and such fees are necessary for the district
12 to provide an adequate level of service for new development.
13 (3) The impact fees collected by the district pursuant
14 to this section shall be kept as a separate fund from other
15 revenues of the district and shall be used exclusively for the
16 acquisition, purchase, or construction of new facilities or
17 portions thereof required to provide fire protection and
18 emergency service to new construction. "New facilities" means
19 land, buildings, and capital equipment, including, but not
20 limited to, fire and emergency vehicles and radio-telemetry
21 equipment. The fees may not be used for the acquisition,
22 purchase, or construction of facilities which must be obtained
23 in any event, regardless of growth within the district. The
24 board of fire commissioners shall maintain adequate records to
25 ensure that impact fees are expended only for permissible new
26 facilities.
27 Section 7.8. Other district powers, functions, and
28 duties.--In addition to any powers set forth in this act, the
29 district shall hold all powers, functions, and duties set
30 forth in chapters 189, 191, and 197, Florida Statutes, as they
31 may be amended from time to time, including, but not limited
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1 to, ad valorem taxation, bond issuance, other revenue-raising
2 capabilities, budget preparation and approval, liens and
3 foreclosure of liens, use of tax deeds and tax certificates as
4 appropriate for non-ad valorem assessments, and contractual
5 agreements. The district may be financed by any method
6 established in this act, chapter 189, Florida Statutes, or
7 chapter 191, Florida Statutes, or any other applicable general
8 or special law, as they may be amended from time to time. The
9 district shall also have the authority to levy an ad valorem
10 millage not to exceed 3.75 mills per year pursuant to
11 referendum approval of the district's electors on September
12 10, 2002, as authorized by section 191.009(1), Florida
13 Statutes. The district is authorized, following a public
14 hearing, to levy up to .7 mill in the first year of levying ad
15 valorem taxes and may increase such rate annually by up to .7
16 mill not to exceed a total rate of 3.75 mills per year,
17 following a public hearing at the time of initial levy and at
18 each increase thereafter.
19 Section 8.9. Planning.--The district's planning
20 requirements shall be as set forth in this act, chapters 189
21 and 191, Florida Statutes, and other applicable general or
22 special laws, as they may be amended from time to time.
23 Section 9.10. Boundaries.--The district's geographic
24 boundary limitations shall be as set forth in this act.
25 Section 10.11. Officers and employees.--Requirements
26 for financial disclosure, meeting notices, public records
27 maintenance, and per diem expenses for officers and employees
28 shall be as set forth in chapters 112, 119, 189, 191, and 286,
29 Florida Statutes, as they may be amended from time to time.
30 Section 11.12. Bonds.--The procedures and requirements
31 governing the issuance of bonds, notes, and other evidence of
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1 indebtedness by the district shall be as set forth in this
2 act, chapter 191, Florida Statutes, and any other applicable
3 general or special laws, as they may be amended from time to
4 time.
5 Section 2. This act shall take effect upon becoming a
6 law.
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