HB 0403

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


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