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