HB 1145

CS

CHAMBER ACTION

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

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