Bill Text: HB 0413

HB 0413

2004

A bill to be entitled

An act relating to the Parrish Fire District, Manatee

County; codifying the district's charter; providing

boundaries; providing for a board of fire commissioners;

providing for elections; providing for filling of

vacancies; providing authority to levy non-ad valorem

assessments; providing for liens; providing for public

hearings; providing for deposit of funds; providing for

use of funds; providing borrowing power of the district;

providing authority and power to acquire certain property;

providing duties of the board of fire commissioners;

providing authority to employ qualified personnel;

providing for financial reporting; providing for existence

of the district; providing definitions; providing for

impact fees; providing a schedule of non-ad valorem

assessments; providing severability; providing for liberal

construction; repealing chapters 82-325, 85-451, 89-515,

90-458, 91-409, 94-373, 95-501, and 02-335, Laws of

Florida; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Pursuant to section 191.015, Florida Statutes,

this act constitutes the codification of all special acts relating

to the Parrish Fire District. It is the intent of this act to

provide a single, comprehensive special act charter for the

district including all current legislative authority granted to

the district by its several legislative enactments and by any

additional authority granted by this act and chapters 189 and 191,

Florida Statutes, as they may be amended from time to time. It is

further the intent of this act to preserve all district authority.

Section 2. Chapters 82-325, 85-451, 89-515, 90-458, 91-409,

94-373, 95-501, and 02-335, Laws of Florida, are codified,

amended, reenacted, and repealed as herein provided.

Section 3. The Parrish Fire District is re-created and the

charter is re-created and reenacted to read:

Section 1. Incorporation.--Upon this act becoming a law, all

of the unincorporated lands in Manatee County, as described in

this act, shall become and be incorporated into an independent

special fire district. Said special fire district shall become and

be a public municipal corporation, having the powers and duties

herein set forth under the name of Parrish Fire District.

Section 2. Jurisdiction.--The lands to be incorporated

within the Parrish Fire District are located in Manatee County,

and are described as follows:

Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,

15, 16, 17, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30,

31, 32, 33, 34, 35 and 36 all lying in Township 33

South, Range 19 East; and Sections 1, 2, 3, 4, 5, 6, 7,

8, 9, 10, 11, and 12, all lying in Township 34 South,

Range 19 East; and all of Sections 13, 14, 15, 16, 17,

and 18, lying north of Manatee River, all lying in

Township 34 South, Range 19 East, and Sections 3, 4, 5,

6, 7, 8, 9, 10, 15, 16, 17, 18, 19, 20, 21, 22, 27, 28,

29, 30, 31, 32, 33, and 34, all lying in Township 33

South, Range 20 East, and Sections 3, 4, 5, 6, 7, 8, 9,

10, 15, 16, 17, 18, 19, 20, 21, 22, and 28, all lying in

Township 34 South, Range 20 East, and all of Sections

29, 30, 32, and 33, lying North of Manatee River, all

lying in Township 34 South, Range 20 East.

Section 3. Board of fire commissioners.--The business and

affairs of the district shall be conducted and administered by a

board of five commissioners, who shall be elected as provided for

in section 4. Upon their election annually in November, the

commissioners shall organize by electing from their number a chair

and vice chair. The commissioners shall appoint or employ a

qualified person or persons for the positions of secretary or

treasurer or the position of secretary/treasurer. The positions of

secretary, treasurer, or secretary/treasurer may be held by one

commissioner or the commission may, in lieu of electing a

secretary and/or treasurer from its number, employ a qualified

person or persons who are not commissioners to perform the duties

of secretary, treasurer, or secretary/treasurer and may compensate

such person or persons from funds of the district for the services

rendered. If the commissioners do employ such qualified person or

persons to perform the duties of secretary, treasurer, or

secretary/treasurer, said performance shall be subject to the

supervision of the board of fire commissioners. The commissioners

may each be paid a salary or honorarium, to be determined by the

board, that shall not exceed $500 per month and may not be

otherwise employed by the district on either a full-time or part-

time basis and receive compensation for such employment, except as

specifically provided for herein. The board of fire commissioners

is authorized to pay the commissioner or commissioners who are

elected secretary, treasurer, or secretary/treasurer a reasonable

sum for their services as such. Each commissioner shall, before he

or she enters upon his or her duties as commissioner, execute to

the state, for the benefit of the district, a good and sufficient

bond approved by a Circuit Judge of Manatee County in the sum of

not less than $5,000 with a qualified corporate surety,

conditioned to faithfully perform the duties of the office of

commissioner. All premiums for such surety on all such bonds shall

be paid from the funds of said district. The board of fire

commissioners shall have the authority and power to make and enter

into contracts with firms, individuals, and municipal corporations

relating to any and all of the purposes of the district.

Section 4. Election of commissioners.--

(1) The members of the board of fire commissioners of the

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district shall consist of five members who shall serve for 4-year

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terms and shall be elected by the electors of the respective

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district in a nonpartisan election, as hereinafter set forth. The

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five-member board of fire commissioners shall consist of one

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member elected by the entire fire district to represent each of

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five fire commissioner seats of the Parrish Fire District. The

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fire commissioner seats on the board shall be identified as

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district seats 1, 2, 3, 4, and 5. Each candidate must designate,

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at the time he or she qualifies, the district seat on the board

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for which he or she is qualifying and the name of each candidate

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who qualifies shall be included on the ballot in a way that

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clearly indicates the district seat for which he or she is a

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candidate. The candidate for each district seat who receives the

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most votes shall be elected to the board. In addition to

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requirements of candidates for election under general law, in

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order to qualify for such election or maintain such a position, a

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candidate or elected commissioner must be a qualified elector and

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must reside within the boundaries of the fire district at the time

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he or she qualifies and continually throughout the term.

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(2) Two members of the board of fire commissioners (district

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seats 2 and 4) shall be elected at the general election during

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each United States presidential election year. The remaining three

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members of the board (district seats 1, 3, and 5) shall be elected

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at the general election during each Florida gubernatorial election

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year.

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(3) Each elected commissioner shall hold office until his or

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her successor is elected and qualified, or until such commissioner

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ceases to qualify as a commissioner or is removed from office.

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(4) Each elected member shall assume office on the fourth

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Tuesday following the election.

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(5) If a vacancy occurs on the board, the remaining members

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may appoint a qualified person to fill the seat until the next

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general election that is held at least 3 months after the date the

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vacancy occurs, at which time an election shall be held to fill

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the vacancy.

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Section 5. Authority to levy non-ad valorem assessments.--

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(1) Said district shall have the right, power, and authority

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to levy non-ad valorem assessments against the taxable real estate

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lying within its territorial bounds, as well as assessing an

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additional charge for hazardous or emergency conditions, in order

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to provide funds for the purpose of the district. The rate of such

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assessments shall be fixed by a resolution of the board of fire

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commissioners, but shall in no event exceed the amounts set forth

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in section 15.

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(2) The board of fire commissioners is hereby authorized to

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provide a reasonable schedule of charges for emergency services,

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including, but not limited to, firefighting occurring in or to

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motor vehicles, marine vessels including live-aboards, aircraft,

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or rail cars including engines, or as a result of the operation of

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such motor vehicles, marine vessels including live-aboards,

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aircraft, or rail cars including engines, to which the Parrish

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Fire District is called upon to render such emergency services,

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and to charge a fee for such services rendered in accordance with

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said schedule. The Parrish Fire District shall have a lien upon

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said motor vehicles, marine vessels including live-aboards,

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aircraft, or rail cars including engines for the charges so

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assessed. The board of fire commissioners is authorized to enter

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into contracts for firefighting duties which provide a reasonable

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remuneration to the district for such firefighting activities.

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(3) The board of fire commissioners is authorized to provide

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a reasonable schedule of charges for the fighting of fires

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occurring in or at refuse dumps or as a result of an illegal burn,

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which fire, dump, or burn is not authorized by general or special

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law of the state, rule, regulation, order, or ordinance to which

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the district is called upon to fight and/or extinguish. The fee

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charged in accordance with said schedule shall constitute a lien

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upon the real property where said fire or burn is located.

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(4) The district shall provide to the county property

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appraiser a notice of fire assessment rates as adopted by

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resolution no later than June 1 of each year. The county property

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appraiser shall then furnish to the commissioners of the district

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a tax roll covering all taxable properties with the assessment

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rate levy placed on each parcel of property by July 1, which tax

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roll is consistent with and set forth by section 193.1142, Florida

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Statutes. No later than 21 days after receipt of the tax roll from

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the county property appraiser, the district shall return the tax

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roll, having first checked and noted any corrections or

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adjustments to the fire assessment levy against each parcel of

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property.

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(5) Prior to adopting a rate of assessment as required in

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subsection (4), the board of fire commissioners of the district

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shall properly advertise and hold a public hearing with respect to

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the proposed rate of assessment. At such hearing, any property

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owner in the district shall have the right to file written

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objection and/or testify at such hearing regarding the proposed

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rate of assessment. After due consideration of all comments or

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protests, the board of fire commissioners shall adopt a resolution

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specifying the rate of assessment on all taxable property.

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(6) The board of fire commissioners of the district shall,

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no earlier than 30 days nor later than 45 days after the mailing

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of the notice of proposed property taxes as required by section

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194.011(1), Florida Statutes, hold a properly advertised public

192

hearing to hear appeals from any property owner in the district

193

with respect to the method of calculation and/or the amounts of

194

fire assessment levied against a parcel of land. Within 20

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calendar days after the conclusion of the public hearing to hear

196

appeals, the board of fire commissioners of the district shall

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notify all concerned parties and the county property appraiser in

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writing of its decision. The decision shall include reasons for

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granting or denying the appeal.

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(7) The county property appraiser shall then include the

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assessments thus made by the board of fire commissioners of the

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district in the Manatee County tax roll and the same shall be

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collected in the manner and form as is provided for the collection

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of county taxes and paid over by the county tax collector to the

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board of fire commissioners.

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(8) Such non-ad valorem assessments shall be a lien upon the

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land so assessed along with the county taxes assessed against the

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same until said assessments have been paid, and, if the same

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become delinquent, shall be considered a part of the county tax

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subject to the same penalties, fees, and remedies for enforcement

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and collections, and shall be enforced and collected as provided

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by the laws of the state for the collection of such taxes.

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Section 6. Deposit of funds.--All proceeds of assessments

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and other funds of the district shall be deposited in the name of

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the district in a financial institution designated under the

216

provisions of chapter 280, Florida Statutes, as a qualified public

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depository. The approved financial institution shall be designated

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by a resolution of the board of fire commissioners. No funds of

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the district shall be paid out or disbursed except by check.

220

Section 7. Use of funds.--No funds of the district shall be

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used for any purpose other than for the administration of the

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affairs and business of the district; the acquisition,

223

construction, care, maintenance, upkeep, and operation of sites

224

for fire stations; fire station, firefighting, and rescue

225

equipment; the employment of qualified personnel as provided for

226

herein and payment of the essential personnel benefits such as

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health, life, disability, and workers' compensation insurance;

228

retirement programs and other associated costs designed to further

229

the purpose of the district; and legal expenses incurred for the

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operation, enforcement, and furtherance of the district's affairs

231

and business.

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Section 8. Borrowing power.--The board of fire commissioners

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shall have the power and authority to borrow money for the purpose

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of the district and to mortgage the real and personal property of

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the district or to pledge future assessments and liens as security

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for such loans. The limits of such authority shall be that the

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amount borrowed shall not exceed three times the total assessments

238

in the fiscal year the loan is contracted; however, the district

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commissioners shall not create any indebtedness or incur

240

obligations for any amount which it is unable to pay out of the

241

district's funds. Neither the district commissioners as a body nor

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any one of them as an individual shall be personally or

243

individually liable for the repayment of such loan or loans. In

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addition, the board of fire commissioners shall have the power and

245

authority to make purchases of equipment on an installment basis

246

as necessary, if funds are available for the payment of the

247

current year's installment on such equipment plus the amount due

248

in that year on any other installment or other indebtedness.

249

Section 9. Authority and power to acquire.--The Parrish Fire

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District shall have all of the corporate powers of a Florida

251

municipal corporation as provided by statute, including, but not

252

limited to, the right to sue and to be sued; to lease, own,

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possess, and convey real and personal property necessary to carry

254

out the purpose of this act; and to acquire such property by

255

grant, gift, purchase, devise, or eminent domain, or any means

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whatsoever.

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Section 10. Duties of officers and authority of

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commissioners.--The officers of the board of fire commissioners

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shall have the duties usually pertaining to, vested in, and

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incumbent upon like officers. A record shall be kept of all

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meetings of said board of fire commissioners and in such meetings

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concurrence of a majority of said commissioners at the meeting

263

consisting of a quorum shall be necessary for any affirmative

264

actions by said board. The board of fire commissioners of said

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district shall have the authority to adopt ordinances and rules

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and regulations for fire safety and protection, including, but not

267

limited to, those standards set out in section 633.025, Florida

268

Statutes.

269

Section 11. Authority to employ qualified personnel.--The

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board of fire commissioners of said district shall have the

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authority to employ personnel as required to carry out the purpose

272

of the district. Such personnel may, in addition to others,

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include a Fire Chief, one or more firefighters or inspectors, and

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administrative or maintenance personnel as the board of fire

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commissioners deems necessary to carry out the purpose of the

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district, and shall have authority to provide all things necessary

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for the prevention, extinguishment, and control of fires in the

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district.

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Section 12. Financial reporting.--The board of fire

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commissioners of the district shall comply with all appropriate

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reporting requirements for units of local government, including,

282

but not limited to, sections 11.45, 189.416-189.418, 218.32, and

283

218.38, Florida Statutes. These requirements as referenced herein

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include the filing on or before September 1 of each year of the

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district's estimated budget for the fiscal year beginning October

286

1, the filing of financial statements and audits for the fiscal

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year ending each September 30 within the timeframes identified,

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and other reporting requirements specified.

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Section 13. Existence.--The Parrish Fire District herein

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contemplated shall exist until dissolved by law.

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Section 14. Definitions.--The term "district" means the

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Parrish Fire District and the terms "board" and "board of fire

293

commissioners" mean the board of fire commissioners of the Parrish

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Fire District, unless otherwise specified.

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Section 15. Schedule of non-ad valorem assessments.--The

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assessment procedures and amounts, as set forth herein, represent

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the manner to be followed and the maximum allowable rates which

298

shall be charged by the district, if needed. For assessment

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purposes, all property within the district shall be divided into

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three general classifications: vacant parcels, residential

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parcels, and commercial/industrial parcels.

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(1) Vacant parcels shall include all parcels which are

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essentially undeveloped and are usually classified by the property

304

appraiser as Use Code types "0000," "0004," "1000," "4000,"

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"9800," "9900," and "5000" through "7000." The maximum annual

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assessment for these parcels shall be:

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(a) Vacant residential lots (Use Code 0000) $10.00 per lot.

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(b) Vacant condominium lots (Use Code 0004) $10.00 per lot.

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9900, and 9901) $3.50 per acre or fraction thereof, except that

311

not more than $850 shall be assessed against any one parcel.

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(d) Vacant commercial and industrial parcels (Use Code 1000

313

and 4000) shall be assessed as a platted lot or unsubdivided

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acreage as applicable. Whenever a residential unit is located on a

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parcel defined herein as vacant, the residential plot shall be

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considered as one lot or 1 acre with the balance of the parcel

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being assessed as vacant land in accordance with the schedule of

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commercial/industrial assessments. Whenever an agricultural or

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commercial building or structure is located on a parcel defined

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herein as vacant, the building or structure shall be assessed in

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accordance with the schedule of commercial/industrial assessments.

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(2) Residential parcels shall include all parcels which are

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developed for residential purposes and are usually classified by

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the property appraiser as Use Code types "0100," "0104," "0200,"

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"0204," "0300," "0400," "0500," "0600," "0700," "0800," "0801,"

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"0803," "1200," "2800," and "2802." Surcharges may be assigned by

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the district for dwelling units located on the second, third,

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fourth, fifth, or higher floors. The maximum annual assessment for

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these parcels shall be:

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(a) Use Codes "0100" and "0104" shall be $150.00 per single

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family residence. If said residence is located on a parcel of land

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not in excess of one lot or 1 acre, no additional assessment shall

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be made for the land on which said residence is located. If the

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land upon which said residence is located exceeds one lot or 1

335

acre, an additional assessment may be made in accordance with

336

subsection (1).

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(b) Use Codes "0300," "0800," "0801," and "0803," multi-

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family residences, shall be $150 per unit. If said residence is

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located on a parcel of land not in excess of one lot or 1 acre, no

340

additional assessment shall be made for the land on which said

341

residence is located. If the land upon which said residence is

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located exceeds one lot or 1 acre, an additional assessment may be

343

made in accordance with subsection (1).

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shall be $150.00 per dwelling unit.

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(d) Use Codes "0200," "0204," and "2802," mobile homes,

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mobile homes/condominiums, and mobile home parks, residential,

348

shall be $150 per dwelling unit.

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(e) Use Codes "0500," "0600," and "0700," cooperatives,

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retirement homes, miscellaneous, migrant camps, etc., shall be

351

$150 per dwelling unit.

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(f) Any other residential units, including, but not limited

353

to, the residential portion of mixed uses (Use Code "1200") shall

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be $150 per dwelling unit.

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(g) Travel trailer parks (Use Code "2800") shall be $20 per

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dwelling unit or available rental space, as applicable.

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(3) Commercial/industrial parcels shall include all other

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developed parcels which are not included in the residential

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category as defined above. All commercial/industrial parcels shall

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be assessed on a square footage basis for all buildings and

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structures in accordance with the following schedule and hazard

362

classification. The district may or may not vary the assessment by

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hazard classifications as set forth herein, based on guidelines to

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be approved by the board of fire commissioners. The base

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assessment for all buildings and structures shall be $150 for the

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first 1,000 square feet on a parcel. The schedule for all square

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footage in excess of 1,000 square feet shall be as follows;

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however, the district may grant an improved hazard rating to all

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or part of the buildings and/or structures if they are equipped

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with complete internal fire suppression facilities.

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Category Use Codes Square Foot Assessment

373

374

Mercantile (M) 1100, 1200, 1300,

375

1400, 1500, 1600,

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1604, 2900 $0.25

377

378

Business (B) 1700, 1704, 1800,

379

1900, 1904, 2200,

380

2300, 2400, 2500,

381

2600, 3000, 3600 $0.25

382

383

Assembly (A) 2100, 3100, 3200,

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3300, 3400, 3500,

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3700, 3800, 3900,

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7600, 7700, 7900 $0.25

387

388

Factory/ 4100, 4104, 4400,

389

Industrial (F) 4500, 4600, 4700,

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9100 $0.25

391

392

Storage (S) 2000, 2700, 2800,

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4900 $0.25

394

395

Hazardous (H) 4200, 4300, 4800,

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4804 $0.25

397

398

Institutional (I) 7000, 7100, 7200,

399

7300, 7400, 7800,

400

8400, 8500, 9200 $0.25

401

402

Whenever a parcel is utilized for multiple hazard classifications,

403

the district may vary the assessment in accordance with actual

404

categories.

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Section 16. Impact fees.--

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(1)(a) It is hereby found and determined that the district

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is located in one of the fastest growing areas of Manatee County,

408

which is itself experiencing one of the highest growth rates in

409

the nation. New construction and resulting population growth have

410

placed a strain upon the capabilities of the district to continue

411

providing the high level of professional fire protection and

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emergency service for which the residents of the district pay and

413

which they deserve.

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(b) It is hereby declared that the cost of new facilities

415

for fire protection and emergency service should be borne by new

416

users of the district services to the extent new construction

417

requires new facilities, but only to that extent. It is the

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legislative intent of this section to transfer to the new user of

419

the district's fire protection and emergency services a fair share

420

of the costs that new users impose on the district for new

421

facilities.

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provided for in this section are just, reasonable, and equitable.

424

(2) No person shall issue or obtain a building permit for

425

new residential dwelling units or new commercial or industrial

426

structures within the district, or issue or obtain construction

427

plan approval for new mobile home or recreational or travel

428

trailer park developments located within the district, until the

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developer thereof has paid the applicable impact fee to the

430

district, according to a schedule determined annually by the

431

board, as follows: For each new residential dwelling unit, a fee

432

that shall not exceed $500; for new commercial or industrial

433

structures having a total floor area less than 5,000 square feet,

434

a fee that shall not exceed $500, and for structures 5,000 square

435

feet and over, a base fee that shall not exceed $500 plus $0.25

436

per square foot for such floor area in excess of 5,000 square

437

feet; for new recreational or travel trailer park developments, a

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fee that shall not exceed $25 per lot or permitted space.

439

(3) The impact fees collected by the district pursuant to

440

this section shall be kept as a separate fund from other revenues

441

of the district and shall be used exclusively for the acquisition,

442

purchase, or construction of new facilities or portions thereof

443

required to provide fire protection and emergency service to new

444

construction. The term "new facilities" means land, buildings, and

445

capital equipment, including, but not limited to, fire and

446

emergency vehicles and radio-telemetry equipment, and other

447

firefighting or rescue equipment. Said fees shall not be used for

448

the acquisition, purchase, or construction of facilities which

449

must be obtained in any event, regardless of growth within the

450

district. The board of fire commissioners shall maintain adequate

451

records to ensure that impact fees are expended only for

452

permissible new facilities or equipment.

453

Section 4. If any provision of this act or the application

454

thereof to any person or circumstance is held invalid, the

455

invalidity shall not affect other provisions or applications of

456

the act which can be given effect without the invalid provision or

457

application, and to this end the provisions of this act are

458

declared severable.

459

Section 5. The provisions of this act shall be liberally

460

construed in order to effectively carry out the purpose of this

461

act in the interest of the public and safety.

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Section 6. Chapters 82-325, 85-451, 89-515, 90-458, 91-409,

463

94-373, 95-501, and 02-335, Laws of Florida, are repealed.

464

Section 7. This act shall take effect upon becoming a law.