Bill Text: HB 0049B

HB 0049B

2003

A bill to be entitled

An act relating to the Southern Manatee Fire and Rescue

District, in Manatee County; amending chapter 2000-402,

Laws of Florida; conforming the district's charter to

section 191.009, F.S., relating to impact fees; revising

the district's impact fee schedule; incorporating the

district's authority granted by referendum to levy ad

valorem taxes; limiting annual increases in millage rate;

providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Section 3 of chapter 2000-402, Laws of Florida,

is amended to read:

Section 3. The Southern Manatee Fire and Rescue District

is recreated and the charter is recreated and reenacted to read:

Section 1. Incorporation.--All of the unincorporated lands

in Manatee County, as described in this act, shall be

incorporated into an independent special fire control district.

Said special fire control district shall be a public municipal

corporation under the name of the Southern Manatee Fire and

Rescue District. The district is organized and exists for all

purposes set forth in this act and chapters 189 and 191, Florida

Statutes. The district was created by the merger of the Oneco-

Tallevast and Samoset Fire Control Districts in chapter 92-249,

Laws of Florida. This charter may be amended only by special

act of the Legislature.

Section 2.3.Jurisdiction.--The lands to be incorporated

within the Southern Manatee Fire and Rescue District are located

in Manatee County, Florida, and are described as follows:

Begin at the northwest corner of the southwest quarter of

the northwest quarter of Section 36, Township 34 South,

Range 17 East, thence run generally east along the south

line of the city limits of the City of Bradenton and an

easterly extension thereof to the center line of the

Braden River at a point in Section 33, Township 34 South,

Range 18 East; provided however that those unincorporated

enclaves located within the corporate limits of the City

of Bradenton within Sections 29 and 32, Township 34 South,

Range 18 East are included; thence meandering the center

line of the Braden River in a southeasterly, southerly and

southwesterly direction to a point where the Braden River

intersects the westerly Right-of-Way line of I-75, said

point located in Section 25, Township 35 South, Range 18

East; thence southerly along said West Right-of-Way line

of I-75 and the extension thereof to the line dividing

Manatee County and Sarasota County, said point being

located in Section 36, Township 35 South, Range 18 East;

then west to the Southeast corner of Section 36, Township

35 South, Range 17 East; thence north to the Northeast

corner of Section 36, Township 35 South, Range 17 East;

thence west to the Southwest corner of Southeast corner of

Section 25, Township 35 South, Range 17 East; thence north

to the north line of said Section 25, Township 35 South,

Range 17 East; thence West to the Southwest corner of

Section 24, Township 35 South, Range 17 East; thence north

to the point of beginning.

Section 3.4.Governing board.--

(1) In accordance with chapter 191, Florida Statutes, the

business and affairs of the district shall be conducted and

administered by a five-member board of fire commissioners

elected pursuant to chapter 191, Florida Statutes, by the

electors of the district in a nonpartisan election held at the

time and in the manner prescribed for holding general elections

in section 189.405(2)(a), Florida Statutes. Each member of the

board shall be elected for a term of 4 years and shall serve

until his or her successor assumes office.

(2) The office of each board member is designated as a

seat on the board, distinguished from each of the other seats by

a numeral: 1, 2, 3, 4, or 5. Each candidate must designate, at

the time he or she qualifies, the seat on the board for which he

or she is qualifying. The name of each candidate who qualifies

shall be included on the ballot in a way that clearly indicates

the seat for which he or she is a candidate. The candidate for

each seat who receives the most votes shall be elected to the

board.

(3) In accordance with chapter 191, Florida Statutes, each

member of the board must be a qualified elector at the time he

or she qualifies and continually throughout his or her term.

(4) In accordance with chapter 191, Florida Statutes, each

elected member shall assume office 10 days following the

member's election. Annually, within 60 days after the newly

elected members have taken office, the board shall organize by

electing from its members a chair, a vice chair, a secretary,

and a treasurer. The positions of secretary and treasurer may

be held by one member.

(5) Members of the board may each be paid a salary or

honorarium to be determined by at least a majority plus one vote

of the board, pursuant to chapter 191, Florida Statutes.

(6) If a vacancy occurs on the board due to the

resignation, death, removal of a board member, or the failure of

anyone to qualify for a board seat, the remaining members may

appoint a qualified person to fill the seat until the next

general election, at which time an election shall be held to

fill the vacancy for the remaining term, if any.

(7) The procedures for conducting district elections or

referenda and for qualification of electors shall be pursuant to

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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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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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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