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

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