HB 1145

1	A bill to be entitled
2	An act relating to the East Naples Fire Control and Rescue
3	District, Collier County; amending chapter 2000-444, Laws
4	of Florida, relating to the district's power to issue
5	general obligation bonds, notes, or certificates of
6	indebtedness and charging and collecting impact fees on
7	new construction within the district in order to be
8	consistent with the amended provisions of this act,
9	chapter 189 or chapter 191, Florida Statutes, or other
10	applicable law; providing for liberal construction;
11	providing for severability; providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Section 18 of section 2 of chapter 2000-444,
16	Laws of Florida, is amended to read:
17	Section 18.  The district shall have the power to issue
18	general obligation bonds, notes, or certificates of
19	indebtedness, hereafter "bonds," pledging the full faith,
20	credit, and taxing power of the district for capital projects of
21	the district in accordance with any method established in this
22	act, chapter 189, or chapter 191, Florida Statutes, or any other
23	applicable general or special law, as any of these may be
24	amended from time to time. the following requirements:
25	(a)  The district shall have the power to, from time to
26	time, issue general obligation bonds, notes, or certificates of
27	indebtedness not to exceed 3 percent of the assessed value of
28	the taxable property within the district as shown on the current
29	tax roll at the time of the authorization of the general bonds.
30	(b)  Except for refunding bonds, no bonds shall be issued
31	unless the issuance thereof shall have been approved at a
32	referendum held in accordance with the requirements for such
33	referendum as prescribed by general law. A referendum shall be
34	called by the board of county commissioners of the county upon
35	the request of the board of the district. The expenses of
36	calling and holding the referendum shall be borne by the
37	district, and the district shall reimburse the county for any
38	expenses incurred in calling or holding such referendum.
39	(c)  The district may pledge its full faith and credit for
40	the payment of the principal and interest on such general
41	obligations bonds and for any reserve funds provided therefor
42	and will unconditionally and irrevocably pledge itself to levy a
43	special tax on all taxable property in the district, to the
44	extent necessary for the payment thereof, over and above all
45	other taxes authorized and permitted by this act.
46	(d)  If the board shall determine to issue bonds maturing
47	in 12 months or more from the date of issue for more than one
48	purpose, the approval of the issuance of the bonds for each and
49	all such purposes may be submitted to the electors on one and
50	the same ballot. The failure of the electors to approve the
51	issuance of bonds for any one or more purposes shall not defeat
52	the approval of bonds for any purpose which shall be approved by
53	the electors.
54	(e)  Notwithstanding any provisions of any other law to the
55	contrary, all bonds issued under the provisions of the act shall
56	constitute legal investments for savings banks, banks, trust
57	companies, insurance companies, executors, administrators,
58	trustees, guardians, and other fiduciaries and for any board,
59	body, agency, instrumentality, county, municipality, or other
60	political subdivision of the state and shall be and constitute
61	security which may be deposited by banks or trust companies as
62	security for deposits of state, county, municipal, or other
63	public funds or be insurance companies as required for voluntary
64	statutory deposits.
65	(f)  Any bonds issued by the district shall be
66	incontestable in the hands of bona fide purchasers or holders
67	for value and shall not be invalid because of any irregularity
68	or defect in the proceeding for the issue and sale thereof.
69	(g)  Any resolution authorizing the issuance of bonds may
70	contain such covenants as the board may deem advisable, and all
71	such covenants shall constitute valid and legally binding and
72	enforceable contracts between the district and the bondholders,
73	regardless of the time of issuance thereof.
74	(h)  This act constitutes full and complete authority for
75	the issuance of bonds and the exercise of the powers of the
76	district provided herein. No procedures or proceedings,
77	publications, minutes, consents, approvals, orders, acts, or
78	things by the board for any board, officers, commission,
79	department, agency, or instrumentality of the district, other
80	than those required by this act, shall be required to issue
81	bonds under this act.
82	(i)  Bonds may be sold at public or private sale after such
83	advertisement, if any, as deemed advisable by the board.
84	(j)  The state pledges to the holders of any bonds issued
85	under this act that it will not limit or alter the rights of the
86	district to furnish the projects or to own, acquire, construct,
87	reconstruct, improve, maintain, operate, or furnish the projects
88	or to levy and collect the taxes, assessments, rentals, rates,
89	fees, and other charges provided for herein and to fulfill the
90	terms of any agreement made with the holders of such bonds and
91	that it will not in any way impair the rights or remedies of
92	such holders.
93	(k)  A default on the bonds of the district shall not
94	constitute a debt or obligation of a local general-purpose
95	government or the state.
96	Section 2.  Section 21 of section 2 of chapter 2000-444,
97	Laws of Florida, is amended to read:
98	Section 21.  The district shall have authority to charge
99	and collect board may allow for the collection of impact fees
100	for capital improvements on new construction within the district
101	as prescribed in chapter 191, Florida Statutes, or any other
102	applicable general or special law, as any of these may be
103	amended from time to time.
104	(a)  Impact fees for capital improvement:
105	1.  It is hereby found and determined that Collier County
106	is located in one of the fastest growing areas in the nation.
107	New construction and resulting population growth is placing a
108	strain upon the capabilities of the district to continue to
109	provide the high level of professional fire protection and
110	related emergency services, for which the residents of the
111	district pay and which they deserve.
112	2.  It is readily apparent that additional equipment and
113	facilities will be needed to meet the expanded commercial and
114	residential growth within the district, at a cost beyond that
115	which can be provided from current and anticipated ad valorem
116	tax revenues assessed, collected, and received by the district.
117	3.  It is hereby declared that the cost of new facilities
118	and equipment for fire protection and related emergency services
119	shall be borne by new users of the district's services to the
120	extent that new construction requires new facilities and
121	equipment, but only to that extent.
122	4.  It is therefore the legislative intent of this section
123	to transfer to the new user of the district's fire protection
124	and related emergency services a fair share of the costs that
125	new users impose on the district for new facilities.
126	5.  It is hereby declared that the amounts of impact fees
127	for capital improvement provided for in this section are just,
128	reasonable, and equitable.
129
130	No person shall issue or obtain a building permit for new
131	residential dwelling units or new commercial or industrial
132	structures within the district, or issue or obtain construction
133	plan approval for new mobile home developments located within
134	the district, until the developer thereof shall have paid the
135	applicable impact fee to capital improvements to the district
136	hereinafter set forth.
137	(b)  Impact fees for capital improvement to be assessed and
138	collected hereunder shall not exceed the following:
139	1.  Each new residential dwelling unit: $.15 per square
140	foot of living area.
141	2.  New commercial or industrial structure: $.30 per square
142	foot of usable area.
143	3.  New mobile home development: $.15 per square foot of
144	permitted living area.
145	a.  Living area shall be defined as that area of any
146	structure that is covered by a roof.
147	b.  Permitted living shall be 25 percent of the area
148	covered by the individual lots.
149	(c)  For the purpose of this section, each unit of any
150	multifamily structure, whether it be a duplex, triplex,
151	cooperative apartment, or condominium or similar type structure
152	shall be considered and shall constitute a residential dwelling
153	unit.
154	(d)  For the purpose of this section, motels, hotels,
155	shopping centers, churches, nursing homes, hospitals, congregate
156	living facilities when not part of an actual residence, schools,
157	fraternal lodges, veterans' lodges, or similar type structure
158	shall be considered commercial structures.
159	(e)  Impact fees for capital improvement collected by the
160	district pursuant to this section shall be kept and maintained
161	as a separate fund from other revenues of the district and shall
162	be used exclusively for the acquisition, purchase, or
163	construction of new facilities and equipment, or portions
164	thereof required to provide fire protection and related
165	emergency services to new construction. "New facilities and
166	equipment" means buildings and capital equipment including, but
167	not limited to, such fire and emergency vehicles and
168	communication equipment as may from time to time be deemed
169	necessary by the district to provide fire protection and related
170	emergency services to the areas of new construction.
171	(f)  The impact fees for capital improvement collected
172	hereunder shall not be used for the acquisition, purchase, or
173	construction of facilities or equipment which must be obtained
174	in any event to meet the needs of the district, regardless of
175	growth within the district.
176	(g)  The district board shall determine the maximum amount
177	of impact fees to be assessed in any 1 fiscal year. This
178	determination shall be made prior to the immediately succeeding
179	fiscal year. However, should the district board authorize the
180	collection of impact fees in an amount less than the maximum
181	allowable hereunder, then these fees shall be uniform in each
182	type of new construction subject to the fee. The district
183	board's determination of the amount of the impact fee to be
184	assessed in any 1 fiscal year shall be based on the requirements
185	set forth in this section.
186	(h)  The impact fee for capital improvement called for in
187	this section may be reduced by 50 percent if the owner of the
188	permitted structure will install fire sprinklers in accordance
189	with NFPA Pamphlet 13 and 13D. Only full sprinkler coverage is
190	applicable for this reduction.
191	(i)  The board of fire commissioners shall, prior to
192	assessing and collecting said fees, pass a resolution by a
193	majority vote authorizing the collection of said fees subject to
194	a referendum of registered voters of the district voting in
195	favor of said resolution by a majority of votes cast.
196	Section 3.  It is intended that the provisions of this act
197	shall be liberally construed for accomplishing the work
198	authorized and provided for in this act, and where strict
199	construction would result in the defeat of the accomplishment of
200	any part of the work authorized by this act, and a liberal
201	construction would permit and assist in the accomplishment of
202	any part of the work authorized by this act, the liberal
203	construction shall be chosen.
204	Section 4.  If any section, subsection, sentence, clause,
205	or phrase of this act be held unconstitutional, such holding
206	shall not affect the validity of the remaining portions of the
207	act, the Legislature hereby declaring that it would have passed
208	this act and each section, subsection, clause, and phrase
209	thereof, irrespective of any separate section, subsection,
210	sentence, clause, or phrase thereof, and irrespective of the
211	fact that any one or more other sections, subsections,
212	sentences, clauses, or phrases thereof may be declared
213	unconstitutional.
214	Section 5.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.