HB 0403 2004
   
1 A bill to be entitled
2          An act relating to the Southern Manatee Fire and Rescue
3    District, Manatee County; amending chapter 2000-402, Laws
4    of Florida; conforming the district’s charter to ch. 191,
5    F.S., relating to impact fees; providing an effective
6    date.
7         
8          Be It Enacted by the Legislature of the State of Florida:
9         
10          Section 1. Section 7 of section 3 of chapter 2000-402,
11    Laws of Florida, is amended to read:
12          Section 7. Impact fees.--
13          (1)(a) It is hereby found and determined that the district
14    is located in one of the fastest growing areas of Manatee
15    County, which is itself experiencing one of the highest growth
16    rates in the nation. New construction and resulting population
17    growth have placed a strain upon the capabilities of the
18    district to continue providing the high level of professional
19    fire protection and emergency service for which the residents of
20    the district pay and which they deserve.
21          (b) It is hereby declared that the cost of new facilities
22    for fire protection and emergency service should be borne by new
23    users of the district services to the extent new construction
24    requires new facilities, but only to that extent. It is the
25    legislative intent of this section to transfer to the new users
26    of the district's fire protection and emergency services a fair
27    share of the costs that new users impose on the district for new
28    facilities.
29          (c) It is hereby declared that the amount of the impact
30    fees provided for in this section are just, reasonable, and
31    equitable.
32          (d) On September 10, 2002, the district’s electors
33    approved a referendum authorizing the district to increase
34    impact fees on new construction.
35          (2) No person may issue or obtain a building permit for
36    new residential dwelling units or new commercial or industrial
37    structures within the district, or issue or obtain construction
38    plan approval for new mobile home or recreational or travel
39    trailer park developments located within the district, until the
40    developer thereof has paid the applicable impact fee to the
41    district according to a schedule determined annually by the
42    board in accordance with chapter 191, Florida Statutes, as
43    amended from time to time as follows: each new residential
44    dwelling unit, $150; new commercial or industrial structures,
45    $310 up to 5,000 square feet, and $310 plus $0.08 per square
46    foot above 5,000 square feet for structures 5,000 square feet or
47    over; new recreational or travel trailer park developments, $40
48    per lot or permitted space.
49          (3) The impact fees collected by the district pursuant to
50    this section shall be kept as a separate fund from other
51    revenues of the district and shall be used exclusively for the
52    acquisition, purchase, or construction of new facilities or
53    portions thereof required to provide fire protection and
54    emergency service to new construction. "New facilities" means
55    land, buildings, and capital equipment, including, but not
56    limited to, fire and emergency vehicles and radio-telemetry
57    equipment. The fees may not be used for the acquisition,
58    purchase, or construction of facilities which must be obtained
59    in any event, regardless of growth within the district. The
60    board of fire commissioners shall maintain adequate records to
61    ensure that impact fees are expended only for permissible new
62    facilities.
63          Section 2. This act shall take effect upon becoming a law.