HB 0049B 2003
   
1 A bill to be entitled
2          An act relating to the Southern Manatee Fire and Rescue
3    District, in Manatee County; amending chapter 2000-402,
4    Laws of Florida; conforming the district's charter to
5    section 191.009, F.S., relating to impact fees; revising
6    the district's impact fee schedule; incorporating the
7    district's authority granted by referendum to levy ad
8    valorem taxes; limiting annual increases in millage rate;
9    providing an effective date.
10         
11          Be It Enacted by the Legislature of the State of Florida:
12         
13          Section 1. Section 3 of chapter 2000-402, Laws of Florida,
14    is amended to read:
15          Section 3. The Southern Manatee Fire and Rescue District
16    is recreated and the charter is recreated and reenacted to read:
17          Section 1. Incorporation.--All of the unincorporated lands
18    in Manatee County, as described in this act, shall be
19    incorporated into an independent special fire control district.
20    Said special fire control district shall be a public municipal
21    corporation under the name of the Southern Manatee Fire and
22    Rescue District. The district is organized and exists for all
23    purposes set forth in this act and chapters 189 and 191, Florida
24    Statutes. The district was created by the merger of the Oneco-
25    Tallevast and Samoset Fire Control Districts in chapter 92-249,
26    Laws of Florida. This charter may be amended only by special
27    act of the Legislature.
28          Section 2.3.Jurisdiction.--The lands to be incorporated
29    within the Southern Manatee Fire and Rescue District are located
30    in Manatee County, Florida, and are described as follows:
31         
32          Begin at the northwest corner of the southwest quarter of
33    the northwest quarter of Section 36, Township 34 South,
34    Range 17 East, thence run generally east along the south
35    line of the city limits of the City of Bradenton and an
36    easterly extension thereof to the center line of the
37    Braden River at a point in Section 33, Township 34 South,
38    Range 18 East; provided however that those unincorporated
39    enclaves located within the corporate limits of the City
40    of Bradenton within Sections 29 and 32, Township 34 South,
41    Range 18 East are included; thence meandering the center
42    line of the Braden River in a southeasterly, southerly and
43    southwesterly direction to a point where the Braden River
44    intersects the westerly Right-of-Way line of I-75, said
45    point located in Section 25, Township 35 South, Range 18
46    East; thence southerly along said West Right-of-Way line
47    of I-75 and the extension thereof to the line dividing
48    Manatee County and Sarasota County, said point being
49    located in Section 36, Township 35 South, Range 18 East;
50    then west to the Southeast corner of Section 36, Township
51    35 South, Range 17 East; thence north to the Northeast
52    corner of Section 36, Township 35 South, Range 17 East;
53    thence west to the Southwest corner of Southeast corner of
54    Section 25, Township 35 South, Range 17 East; thence north
55    to the north line of said Section 25, Township 35 South,
56    Range 17 East; thence West to the Southwest corner of
57    Section 24, Township 35 South, Range 17 East; thence north
58    to the point of beginning.
59          Section 3.4.Governing board.--
60          (1) In accordance with chapter 191, Florida Statutes, the
61    business and affairs of the district shall be conducted and
62    administered by a five-member board of fire commissioners
63    elected pursuant to chapter 191, Florida Statutes, by the
64    electors of the district in a nonpartisan election held at the
65    time and in the manner prescribed for holding general elections
66    in section 189.405(2)(a), Florida Statutes. Each member of the
67    board shall be elected for a term of 4 years and shall serve
68    until his or her successor assumes office.
69          (2) The office of each board member is designated as a
70    seat on the board, distinguished from each of the other seats by
71    a numeral: 1, 2, 3, 4, or 5. Each candidate must designate, at
72    the time he or she qualifies, the seat on the board for which he
73    or she is qualifying. The name of each candidate who qualifies
74    shall be included on the ballot in a way that clearly indicates
75    the seat for which he or she is a candidate. The candidate for
76    each seat who receives the most votes shall be elected to the
77    board.
78          (3) In accordance with chapter 191, Florida Statutes, each
79    member of the board must be a qualified elector at the time he
80    or she qualifies and continually throughout his or her term.
81          (4) In accordance with chapter 191, Florida Statutes, each
82    elected member shall assume office 10 days following the
83    member's election. Annually, within 60 days after the newly
84    elected members have taken office, the board shall organize by
85    electing from its members a chair, a vice chair, a secretary,
86    and a treasurer. The positions of secretary and treasurer may
87    be held by one member.
88          (5) Members of the board may each be paid a salary or
89    honorarium to be determined by at least a majority plus one vote
90    of the board, pursuant to chapter 191, Florida Statutes.
91          (6) If a vacancy occurs on the board due to the
92    resignation, death, removal of a board member, or the failure of
93    anyone to qualify for a board seat, the remaining members may
94    appoint a qualified person to fill the seat until the next
95    general election, at which time an election shall be held to
96    fill the vacancy for the remaining term, if any.
97          (7) The procedures for conducting district elections or
98    referenda and for qualification of electors shall be pursuant to
99    chapters 189 and 191, Florida Statutes.
100          (8) The board shall have those administrative duties set
101    forth in this act and chapters 189 and 191, Florida Statutes, as
102    they may be amended from time to time.
103          Section 4.5.Authority to levy non-ad valorem
104    assessments.--Said district shall have the right, power, and
105    authority to levy non-ad valorem assessments as defined in
106    section 197.3632, Florida Statutes, against the taxable real
107    estate lying within its territorial bounds in order to provide
108    funds for the purpose of the district. The rate of such
109    assessments shall be fixed annually by a resolution of the board
110    of commissioners after the conduct of a public hearing. Such
111    non-ad valorem assessments may be imposed, collected, and
112    enforced pursuant to the provisions of sections 197.363-
113    197.3635, Florida Statutes.
114          Section 5.6.Schedule of non-ad valorem assessments.--The
115    assessment procedures and amount, as set forth herein, represent
116    the manner to be followed and the maximum allowable rates that
117    may be charged by the district, if needed. For assessment
118    purposes, all property within the district shall be divided into
119    three general classifications: vacant parcels, residential
120    parcels, and commercial/industrial parcels.
121          (1) Vacant parcels shall include all parcels that are
122    essentially undeveloped and are usually classified by the
123    property appraiser as use code types "0000," "0004," "1000,"
124    "4000," "9800," "9900," and "5000" through "7000." The maximum
125    annual assessment for these parcels shall be:
126          (a) Vacant platted lots (use code 0000) or unbuilt
127    condominia (use code 0004) $4 per lot or condominium.
128          (b) Unsubdivided acreage (use codes 5000 through 7000 and
129    9800, 9900, and 9901) $2 per acre or fraction thereof, except
130    that not more than $250 may be assessed against any one parcel.
131          (c) Vacant commercial and industrial parcels, per lot or
132    parcel (use codes 1000 and 4000) $4 per lot or parcel. Whenever
133    a residential unit is located on a parcel defined herein as
134    vacant, the residential plot shall be considered as one lot or
135    one acre, with the balance of the parcel being assessed as
136    vacant land in accordance with the schedule herein. Whenever an
137    agricultural or commercial building or structure is located on a
138    parcel defined herein as vacant, the building or structure shall
139    be assessed in accordance with the schedule of
140    commercial/industrial assessments.
141          (2) Residential parcels include all parcels that are
142    developed for residential purposes and are usually classified by
143    the property appraiser as use code types "0100" through "0800,"
144    "0801," "0803," and "2802." All residential parcels shall be
145    assessed by the number and size of dwelling units per parcel.
146    Surcharges may be assigned by the district for dwelling units
147    located on the third or higher floors. The maximum annual
148    assessment for these parcels shall be:
149          (a) Single family residential (use code 0100) shall be
150    assessed per dwelling unit. The base assessment for all
151    dwellings may not exceed $60 for the first 1,000 square feet.
152    Each square foot above 1,000 square feet shall be assessed at a
153    rate not to exceed $0.04 per square foot.
154          (b) Condominia residential (use code 0400) shall be
155    assessed $90 per dwelling unit.
156          (c) Mobile homes (use codes 0200 or 0204) shall be
157    assessed $80 per dwelling unit.
158          (d) Multifamily residential (use codes 0300 and 0800),
159    cooperatives (use code 0500), retirement homes (use code 0600),
160    and miscellaneous residential uses (use code 0700) shall be
161    assessed $90 per dwelling unit or, in the case of group
162    quarters, per bedroom.
163          (e) Mobile home or travel trailer parks (use code 2802)
164    shall be assessed $80 per dwelling unit or available rental
165    space as applicable.
166          (f) Any other residential unit, including, but not limited
167    to, the residential portions of mixed uses (use code 1200),
168    shall be assessed $90 per dwelling unit.
169          (3)(a) Commercial/industrial parcels shall include all
170    other developed parcels that are not included in the residential
171    category as defined above. All commercial/industrial parcels
172    shall be assessed on a square footage basis for all buildings
173    and structures in accordance with the following schedule and
174    hazard classification. The district may or may not vary the
175    assessment by hazard classifications as set forth herein.
176          (b) The base assessment for all buildings and structures
177    shall be $200 for the first 1,000 square feet on a parcel. The
178    schedule for all square footage above 1,000 square feet is as
179    follows. However, the district may grant an improved hazard
180    rating to all or part of the buildings and structures if they
181    are equipped with complete internal fire suppression facilities.
182         
183         
CategoryUse CodesSquare Foot Assessment
184         
Mercantile (M)1100,1200,1300,1400,1500,1600,1604,2900$0.0525 per sq. ft.
185         
Business1700,1704,1800,1900,1904,2200,2300,2400,2500,2600,3000,3600$0.0525 per sq. ft.
186         
Assembly (A)1700,1704,1800,1900,1904,2200,2300,2400,2500,2600,3000,3600$0.0525 per sq. ft.
187         
Assembly (A)2100,3100,3200,3300,3400,3500,3700,3800,3900,7600,7700,7900$0.0675 per sq. ft.
188         
Factory/Industrial (F)4100,4104,4400,4500,4600,4700,9100$0.0900 per sq. ft.
189         
Storage (S)2000,2700,2800,4900$0.0900 per sq. ft.
190         
Hazardous (H)4200,4300,4800,4804$0.1050 per sq. ft.
191         
Institutional (I)7000,7100,7200,7300,7400,7800,8400,8500, 9200$0.0600 per sq. ft.
192          (c) Whenever a parcel is used for multiple hazard
193    classifications, the district may vary the assessment in
194    accordance with actual categories.
195          (d) The board of commissioners shall have the authority to
196    further define these use code numbers subject to information
197    received from the property appraiser's office.
198          (e) Whenever one industrial complex under single ownership
199    has more than 2.5 million square feet of structures on a site of
200    contiguous parcels or a site of parcels that would be contiguous
201    except that they are dissected by one or more transportation
202    rights-of-way, the maximum fire tax assessment may not exceed
203    one-half of the adopted fire tax rate for that tax year for
204    factory industrial use. Such rate shall be applied to all
205    structural square footage in the complex regardless of actual
206    use or use classification.
207          Section 6.7.Impact fees.--
208          (1)(a) It is hereby found and determined that the district
209    is located in one of the fastest growing areas of Manatee
210    County, which is itself experiencing one of the highest growth
211    rates in the nation. New construction and resulting population
212    growth have placed a strain upon the capabilities of the
213    district to continue providing the high level of professional
214    fire protection and emergency service for which the residents of
215    the district pay and which they deserve.
216          (b) It is hereby declared that the cost of new facilities
217    for fire protection and emergency service should be borne by new
218    users of the district services to the extent new construction
219    requires new facilities, but only to that extent. It is the
220    legislative intent of this section to transfer to the new users
221    of the district's fire protection and emergency services a fair
222    share of the costs that new users impose on the district for new
223    facilities.
224          (c) It is hereby declared that the amount of the impact
225    fees provided for in this section are just, reasonable, and
226    equitable.
227          (d) On September 10, 2002, the district's electors
228    approved a referendum authorizing the district to increase
229    impact fees on new construction.
230          (2) No person may issue or obtain a building permit for
231    new residential dwelling units or new commercial or industrial
232    structures within the district, or issue or obtain construction
233    plan approval for new mobile home or recreational or travel
234    trailer park developments located within the district, until the
235    developer thereof has paid the applicable impact fee to the
236    district, according to a schedule determined annually by the
237    board in accordance with chapter 191, Florida Statutes, as
238    amended from time to time. The impact fee shall not exceed the
239    followingas follows: each new residential dwelling unit, $300
240    $150; new commercial or industrial structures, $620$310up to
241    5,000 square feet, and $620$310 plus $0.16$0.08per square
242    foot above 5,000 square feet for structures 5,000 square feet or
243    over; new recreational or travel trailer park developments, $80
244    $40 per lot or permitted space. However, the district, following
245    a public hearing, may exceed such rates upon a determination by
246    the district board that the costs of new development will exceed
247    the maximum impact fee rate and such fees are necessary for the
248    district to provide an adequate level of service for new
249    development.
250          (3) The impact fees collected by the district pursuant to
251    this section shall be kept as a separate fund from other
252    revenues of the district and shall be used exclusively for the
253    acquisition, purchase, or construction of new facilities or
254    portions thereof required to provide fire protection and
255    emergency service to new construction. "New facilities" means
256    land, buildings, and capital equipment, including, but not
257    limited to, fire and emergency vehicles and radio-telemetry
258    equipment. The fees may not be used for the acquisition,
259    purchase, or construction of facilities which must be obtained
260    in any event, regardless of growth within the district. The
261    board of fire commissioners shall maintain adequate records to
262    ensure that impact fees are expended only for permissible new
263    facilities.
264          Section 7.8.Other district powers, functions, and
265    duties.--In addition to any powers set forth in this act, the
266    district shall hold all powers, functions, and duties set forth
267    in chapters 189, 191, and 197, Florida Statutes, as they may be
268    amended from time to time, including, but not limited to, ad
269    valorem taxation, bond issuance, other revenue-raising
270    capabilities, budget preparation and approval, liens and
271    foreclosure of liens, use of tax deeds and tax certificates as
272    appropriate for non-ad valorem assessments, and contractual
273    agreements. The district may be financed by any method
274    established in this act, chapter 189, Florida Statutes, or
275    chapter 191, Florida Statutes, or any other applicable general
276    or special law, as they may be amended from time to time. The
277    district shall also have the authority to levy an ad valorem
278    millage not to exceed 3.75 mills per year pursuant to referendum
279    approval of the district's electors on September 10, 2002, as
280    authorized by section 191.009(1), Florida Statutes. The
281    district is authorized to levy up to .7 mill in the first year
282    of levying ad valorem taxes and may increase such rate annually
283    by up to .7 mill not to exceed a total rate of 3.75 mills per
284    year, following a public hearing at the time of initial levy and
285    at each increase thereafter.
286          Section 8.9.Planning.--The district's planning
287    requirements shall be as set forth in this act, chapters 189 and
288    191, Florida Statutes, and other applicable general or special
289    laws, as they may be amended from time to time.
290          Section 9.10.Boundaries.--The district's geographic
291    boundary limitations shall be as set forth in this act.
292          Section 10.11.Officers and employees.--Requirements for
293    financial disclosure, meeting notices, public records
294    maintenance, and per diem expenses for officers and employees
295    shall be as set forth in chapters 112, 119, 189, 191, and 286,
296    Florida Statutes, as they may be amended from time to time.
297          Section 11.12.Bonds.--The procedures and requirements
298    governing the issuance of bonds, notes, and other evidence of
299    indebtedness by the district shall be as set forth in this act,
300    chapter 191, Florida Statutes, and any other applicable general
301    or special laws, as they may be amended from time to time.
302          Section 2. This act shall take effect upon becoming a law.