| 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 Parrish Fire District, Manatee |
| 8 | County; codifying the district's charter; providing |
| 9 | boundaries; providing for a board of fire commissioners; |
| 10 | providing for elections; providing for filling of |
| 11 | vacancies; providing authority to levy non-ad valorem |
| 12 | assessments; providing for liens; providing for public |
| 13 | hearings; providing for deposit of funds; providing for |
| 14 | use of funds; providing borrowing power of the district; |
| 15 | providing authority and power to acquire certain property; |
| 16 | providing duties of the board of fire commissioners; |
| 17 | providing authority to employ qualified personnel; |
| 18 | providing for financial reporting; providing for existence |
| 19 | of the district; providing definitions; providing for |
| 20 | impact fees; providing a schedule of non-ad valorem |
| 21 | assessments; providing severability; providing for liberal |
| 22 | construction; amending chapter 93-352, Laws of Florida; |
| 23 | removing a reference to the district; repealing chapters |
| 24 | 82-325, 85-451, 89-515, 90-458, 91-409, 94-373, 95-501, |
| 25 | and 02-335, Laws of Florida, relating to the district; |
| 26 | providing an effective date. |
| 27 |
|
| 28 | Be It Enacted by the Legislature of the State of Florida: |
| 29 |
|
| 30 | Section 1. Pursuant to section 191.015, Florida Statutes, |
| 31 | this act constitutes the codification of all special acts relating |
| 32 | to the Parrish Fire District. It is the intent of this act to |
| 33 | provide a single, comprehensive special act charter for the |
| 34 | district including all current legislative authority granted to |
| 35 | the district by its several legislative enactments and by any |
| 36 | additional authority granted by this act and chapters 189 and 191, |
| 37 | Florida Statutes, as they may be amended from time to time. It is |
| 38 | further the intent of this act to preserve all district authority. |
| 39 | Section 2. Chapters 82-325, 85-451, 89-515, 90-458, 91-409, |
| 40 | 94-373, 95-501, and 02-335, Laws of Florida, are codified, |
| 41 | amended, reenacted, and repealed as herein provided. |
| 42 | Section 3. The Parrish Fire District is re-created and the |
| 43 | charter is re-created and reenacted to read: |
| 44 | Section 1. Incorporation.--Upon this act becoming a law, all |
| 45 | of the unincorporated lands in Manatee County, as described in |
| 46 | this act, shall become and be incorporated into an independent |
| 47 | special fire district. Said special fire district shall become and |
| 48 | be a public municipal corporation, having the powers and duties |
| 49 | herein set forth under the name of Parrish Fire District. |
| 50 | Section 2. Jurisdiction.--The lands to be incorporated |
| 51 | within the Parrish Fire District are located in Manatee County, |
| 52 | and are described as follows: |
| 53 | Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, |
| 54 | 15, 16, 17, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, |
| 55 | 31, 32, 33, 34, 35 and 36 all lying in Township 33 |
| 56 | South, Range 19 East; and Sections 1, 2, 3, 4, 5, 6, 7, |
| 57 | 8, 9, 10, 11, and 12, all lying in Township 34 South, |
| 58 | Range 19 East; and all of Sections 13, 14, 15, 16, 17, |
| 59 | and 18, lying north of Manatee River, all lying in |
| 60 | Township 34 South, Range 19 East, and Sections 3, 4, 5, |
| 61 | 6, 7, 8, 9, 10, 15, 16, 17, 18, 19, 20, 21, 22, 27, 28, |
| 62 | 29, 30, 31, 32, 33, and 34, all lying in Township 33 |
| 63 | South, Range 20 East, and Sections 3, 4, 5, 6, 7, 8, 9, |
| 64 | 10, 15, 16, 17, 18, 19, 20, 21, 22, and 28, all lying in |
| 65 | Township 34 South, Range 20 East, and all of Sections |
| 66 | 29, 30, 32, and 33, lying North of Manatee River, all |
| 67 | lying in Township 34 South, Range 20 East. |
| 68 |
|
| 69 | Section 3. Board of fire commissioners.--The business and |
| 70 | affairs of the district shall be conducted and administered by a |
| 71 | board of five commissioners, who shall be elected as provided for |
| 72 | in section 4. Upon their election annually in November, the |
| 73 | commissioners shall organize by electing from their number a chair |
| 74 | and vice chair. The commissioners shall appoint or employ a |
| 75 | qualified person or persons for the positions of secretary or |
| 76 | treasurer or the position of secretary/treasurer. The positions of |
| 77 | secretary, treasurer, or secretary/treasurer may be held by one |
| 78 | commissioner or the commission may, in lieu of electing a |
| 79 | secretary and/or treasurer from its number, employ a qualified |
| 80 | person or persons who are not commissioners to perform the duties |
| 81 | of secretary, treasurer, or secretary/treasurer and may compensate |
| 82 | such person or persons from funds of the district for the services |
| 83 | rendered. If the commissioners do employ such qualified person or |
| 84 | persons to perform the duties of secretary, treasurer, or |
| 85 | secretary/treasurer, said performance shall be subject to the |
| 86 | supervision of the board of fire commissioners. The commissioners |
| 87 | may each be paid a salary or honorarium, to be determined by the |
| 88 | board, that shall not exceed $500 per month and may not be |
| 89 | otherwise employed by the district on either a full-time or part- |
| 90 | time basis and receive compensation for such employment, except as |
| 91 | specifically provided for herein. The board of fire commissioners |
| 92 | is authorized to pay the commissioner or commissioners who are |
| 93 | elected secretary, treasurer, or secretary/treasurer a reasonable |
| 94 | sum for their services as such. Each commissioner shall, before he |
| 95 | or she enters upon his or her duties as commissioner, execute to |
| 96 | the state, for the benefit of the district, a good and sufficient |
| 97 | bond approved by a Circuit Judge of Manatee County in the sum of |
| 98 | not less than $5,000 with a qualified corporate surety, |
| 99 | conditioned to faithfully perform the duties of the office of |
| 100 | commissioner. All premiums for such surety on all such bonds shall |
| 101 | be paid from the funds of said district. The board of fire |
| 102 | commissioners shall have the authority and power to make and enter |
| 103 | into contracts with firms, individuals, and municipal corporations |
| 104 | relating to any and all of the purposes of the district. |
| 105 | Section 4. Election of commissioners.-- |
| 106 | (1) The members of the board of fire commissioners of the |
| 107 | district shall consist of five members who shall serve for 4-year |
| 108 | terms and shall be elected by the electors of the respective |
| 109 | district in a nonpartisan election, as hereinafter set forth. The |
| 110 | five-member board of fire commissioners shall consist of one |
| 111 | member elected by the entire fire district to represent each of |
| 112 | five fire commissioner seats of the Parrish Fire District. The |
| 113 | fire commissioner seats on the board shall be identified as |
| 114 | district seats 1, 2, 3, 4, and 5. Each candidate must designate, |
| 115 | at the time he or she qualifies, the district seat on the board |
| 116 | for which he or she is qualifying and the name of each candidate |
| 117 | who qualifies shall be included on the ballot in a way that |
| 118 | clearly indicates the district seat for which he or she is a |
| 119 | candidate. The candidate for each district seat who receives the |
| 120 | most votes shall be elected to the board. In addition to |
| 121 | requirements of candidates for election under general law, in |
| 122 | order to qualify for such election or maintain such a position, a |
| 123 | candidate or elected commissioner must be a qualified elector and |
| 124 | must reside within the boundaries of the fire district at the time |
| 125 | he or she qualifies and continually throughout the term. |
| 126 | (2) Two members of the board of fire commissioners (district |
| 127 | seats 2 and 4) shall be elected at the general election during |
| 128 | each United States presidential election year. The remaining three |
| 129 | members of the board (district seats 1, 3, and 5) shall be elected |
| 130 | at the general election during each Florida gubernatorial election |
| 131 | year. |
| 132 | (3) Each elected commissioner shall hold office until his or |
| 133 | her successor is elected and qualified, or until such commissioner |
| 134 | ceases to qualify as a commissioner or is removed from office. |
| 135 | (4) Each elected member shall assume office on the fourth |
| 136 | Tuesday following the election. |
| 137 | (5) If a vacancy occurs on the board, the remaining members |
| 138 | may appoint a qualified person to fill the seat until the next |
| 139 | general election that is held at least 3 months after the date the |
| 140 | vacancy occurs, at which time an election shall be held to fill |
| 141 | the vacancy. |
| 142 | Section 5. Authority to levy non-ad valorem assessments.-- |
| 143 | (1) Said district shall have the right, power, and authority |
| 144 | to levy non-ad valorem assessments against the taxable real estate |
| 145 | lying within its territorial bounds, as well as assessing an |
| 146 | additional charge for hazardous or emergency conditions, in order |
| 147 | to provide funds for the purpose of the district. The rate of such |
| 148 | assessments shall be fixed by a resolution of the board of fire |
| 149 | commissioners, but shall in no event exceed the amounts set forth |
| 150 | in section 15. |
| 151 | (2) The board of fire commissioners is hereby authorized to |
| 152 | provide a reasonable schedule of charges for emergency services, |
| 153 | including, but not limited to, firefighting occurring in or to |
| 154 | motor vehicles, marine vessels including live-aboards, aircraft, |
| 155 | or rail cars including engines, or as a result of the operation of |
| 156 | such motor vehicles, marine vessels including live-aboards, |
| 157 | aircraft, or rail cars including engines, to which the Parrish |
| 158 | Fire District is called upon to render such emergency services, |
| 159 | and to charge a fee for such services rendered in accordance with |
| 160 | said schedule. The Parrish Fire District shall have a lien upon |
| 161 | said motor vehicles, marine vessels including live-aboards, |
| 162 | aircraft, or rail cars including engines for the charges so |
| 163 | assessed. The board of fire commissioners is authorized to enter |
| 164 | into contracts for firefighting duties which provide a reasonable |
| 165 | remuneration to the district for such firefighting activities. |
| 166 | (3) The board of fire commissioners is authorized to provide |
| 167 | a reasonable schedule of charges for the fighting of fires |
| 168 | occurring in or at refuse dumps or as a result of an illegal burn, |
| 169 | which fire, dump, or burn is not authorized by general or special |
| 170 | law of the state, rule, regulation, order, or ordinance to which |
| 171 | the district is called upon to fight and/or extinguish. The fee |
| 172 | charged in accordance with said schedule shall constitute a lien |
| 173 | upon the real property where said fire or burn is located. |
| 174 | (4) The district shall provide to the county property |
| 175 | appraiser a notice of fire assessment rates as adopted by |
| 176 | resolution no later than June 1 of each year. The county property |
| 177 | appraiser shall then furnish to the commissioners of the district |
| 178 | a tax roll covering all taxable properties with the assessment |
| 179 | rate levy placed on each parcel of property by July 1, which tax |
| 180 | roll is consistent with and set forth by section 193.1142, Florida |
| 181 | Statutes. No later than 21 days after receipt of the tax roll from |
| 182 | the county property appraiser, the district shall return the tax |
| 183 | roll, having first checked and noted any corrections or |
| 184 | adjustments to the fire assessment levy against each parcel of |
| 185 | property. |
| 186 | (5) Prior to adopting a rate of assessment as required in |
| 187 | subsection (4), the board of fire commissioners of the district |
| 188 | shall properly advertise and hold a public hearing with respect to |
| 189 | the proposed rate of assessment. At such hearing, any property |
| 190 | owner in the district shall have the right to file written |
| 191 | objection and/or testify at such hearing regarding the proposed |
| 192 | rate of assessment. After due consideration of all comments or |
| 193 | protests, the board of fire commissioners shall adopt a resolution |
| 194 | specifying the rate of assessment on all taxable property. |
| 195 | (6) The board of fire commissioners of the district shall, |
| 196 | no earlier than 30 days nor later than 45 days after the mailing |
| 197 | of the notice of proposed property taxes as required by section |
| 198 | 194.011(1), Florida Statutes, hold a properly advertised public |
| 199 | hearing to hear appeals from any property owner in the district |
| 200 | with respect to the method of calculation and/or the amounts of |
| 201 | fire assessment levied against a parcel of land. Within 20 |
| 202 | calendar days after the conclusion of the public hearing to hear |
| 203 | appeals, the board of fire commissioners of the district shall |
| 204 | notify all concerned parties and the county property appraiser in |
| 205 | writing of its decision. The decision shall include reasons for |
| 206 | granting or denying the appeal. |
| 207 | (7) The county property appraiser shall then include the |
| 208 | assessments thus made by the board of fire commissioners of the |
| 209 | district in the Manatee County tax roll and the same shall be |
| 210 | collected in the manner and form as is provided for the collection |
| 211 | of county taxes and paid over by the county tax collector to the |
| 212 | board of fire commissioners. |
| 213 | (8) Such non-ad valorem assessments shall be a lien upon the |
| 214 | land so assessed along with the county taxes assessed against the |
| 215 | same until said assessments have been paid, and, if the same |
| 216 | become delinquent, shall be considered a part of the county tax |
| 217 | subject to the same penalties, fees, and remedies for enforcement |
| 218 | and collections, and shall be enforced and collected as provided |
| 219 | by the laws of the state for the collection of such taxes. |
| 220 | Section 6. Deposit of funds.--All proceeds of assessments |
| 221 | and other funds of the district shall be deposited in the name of |
| 222 | the district in a financial institution designated under the |
| 223 | provisions of chapter 280, Florida Statutes, as a qualified public |
| 224 | depository. The approved financial institution shall be designated |
| 225 | by a resolution of the board of fire commissioners. No funds of |
| 226 | the district shall be paid out or disbursed except by check. |
| 227 | Section 7. Use of funds.--No funds of the district shall be |
| 228 | used for any purpose other than for the administration of the |
| 229 | affairs and business of the district; the acquisition, |
| 230 | construction, care, maintenance, upkeep, and operation of sites |
| 231 | for fire stations; fire station, firefighting, and rescue |
| 232 | equipment; the employment of qualified personnel as provided for |
| 233 | herein and payment of the essential personnel benefits such as |
| 234 | health, life, disability, and workers' compensation insurance; |
| 235 | retirement programs and other associated costs designed to further |
| 236 | the purpose of the district; and legal expenses incurred for the |
| 237 | operation, enforcement, and furtherance of the district's affairs |
| 238 | and business. |
| 239 | Section 8. Borrowing power.--The board of fire commissioners |
| 240 | shall have the power and authority to borrow money for the purpose |
| 241 | of the district and to mortgage the real and personal property of |
| 242 | the district or to pledge future assessments and liens as security |
| 243 | for such loans. The limits of such authority shall be that the |
| 244 | amount borrowed shall not exceed three times the total assessments |
| 245 | in the fiscal year the loan is contracted; however, the district |
| 246 | commissioners shall not create any indebtedness or incur |
| 247 | obligations for any amount which it is unable to pay out of the |
| 248 | district's funds. Neither the district commissioners as a body nor |
| 249 | any one of them as an individual shall be personally or |
| 250 | individually liable for the repayment of such loan or loans. In |
| 251 | addition, the board of fire commissioners shall have the power and |
| 252 | authority to make purchases of equipment on an installment basis |
| 253 | as necessary, if funds are available for the payment of the |
| 254 | current year's installment on such equipment plus the amount due |
| 255 | in that year on any other installment or other indebtedness. |
| 256 | Section 9. Authority and power to acquire.--The Parrish Fire |
| 257 | District shall have all of the corporate powers of a Florida |
| 258 | municipal corporation as provided by statute, including, but not |
| 259 | limited to, the right to sue and to be sued; to lease, own, |
| 260 | possess, and convey real and personal property necessary to carry |
| 261 | out the purpose of this act; and to acquire such property by |
| 262 | grant, gift, purchase, devise, or eminent domain, or any means |
| 263 | whatsoever. |
| 264 | Section 10. Duties of officers and authority of |
| 265 | commissioners.--The officers of the board of fire commissioners |
| 266 | shall have the duties usually pertaining to, vested in, and |
| 267 | incumbent upon like officers. A record shall be kept of all |
| 268 | meetings of said board of fire commissioners and in such meetings |
| 269 | concurrence of a majority of said commissioners at the meeting |
| 270 | consisting of a quorum shall be necessary for any affirmative |
| 271 | actions by said board. The board of fire commissioners of said |
| 272 | district shall have the authority to adopt ordinances and rules |
| 273 | and regulations for fire safety and protection, including, but not |
| 274 | limited to, those standards set out in section 633.025, Florida |
| 275 | Statutes. |
| 276 | Section 11. Authority to employ qualified personnel.--The |
| 277 | board of fire commissioners of said district shall have the |
| 278 | authority to employ personnel as required to carry out the purpose |
| 279 | of the district. Such personnel may, in addition to others, |
| 280 | include a Fire Chief, one or more firefighters or inspectors, and |
| 281 | administrative or maintenance personnel as the board of fire |
| 282 | commissioners deems necessary to carry out the purpose of the |
| 283 | district, and shall have authority to provide all things necessary |
| 284 | for the prevention, extinguishment, and control of fires in the |
| 285 | district. |
| 286 | Section 12. Financial reporting.--The board of fire |
| 287 | commissioners of the district shall comply with all appropriate |
| 288 | reporting requirements for units of local government, including, |
| 289 | but not limited to, sections 11.45, 189.416-189.418, 218.32, and |
| 290 | 218.38, Florida Statutes. These requirements as referenced herein |
| 291 | include the filing on or before September 1 of each year of the |
| 292 | district's estimated budget for the fiscal year beginning October |
| 293 | 1, the filing of financial statements and audits for the fiscal |
| 294 | year ending each September 30 within the timeframes identified, |
| 295 | and other reporting requirements specified. |
| 296 | Section 13. Existence.--The Parrish Fire District herein |
| 297 | contemplated shall exist until dissolved by law. |
| 298 | Section 14. Definitions.--The term "district" means the |
| 299 | Parrish Fire District and the terms "board" and "board of fire |
| 300 | commissioners" mean the board of fire commissioners of the Parrish |
| 301 | Fire District, unless otherwise specified. |
| 302 | Section 15. Schedule of non-ad valorem assessments.--The |
| 303 | assessment procedures and amounts, as set forth herein, represent |
| 304 | the manner to be followed and the maximum allowable rates which |
| 305 | shall be charged by the district, if needed. For assessment |
| 306 | purposes, all property within the district shall be divided into |
| 307 | three general classifications: vacant parcels, residential |
| 308 | parcels, and commercial/industrial parcels. |
| 309 | (1) Vacant parcels shall include all parcels which are |
| 310 | essentially undeveloped and are usually classified by the property |
| 311 | appraiser as Use Code types "0000," "0004," "1000," "4000," |
| 312 | "9800," "9900," and "5000" through "7000." The maximum annual |
| 313 | assessment for these parcels shall be: |
| 314 | (a) Vacant residential lots (Use Code 0000) $10.00 per lot. |
| 315 | (b) Vacant condominium lots (Use Code 0004) $10.00 per lot. |
| 316 | (c) Unsubdivided acreage (Use Code 5000 through 7000, 9800, |
| 317 | 9900, and 9901) $3.50 per acre or fraction thereof, except that |
| 318 | not more than $850 shall be assessed against any one parcel. |
| 319 | (d) Vacant commercial and industrial parcels (Use Code 1000 |
| 320 | and 4000) shall be assessed as a platted lot or unsubdivided |
| 321 | acreage as applicable. Whenever a residential unit is located on a |
| 322 | parcel defined herein as vacant, the residential plot shall be |
| 323 | considered as one lot or 1 acre with the balance of the parcel |
| 324 | being assessed as vacant land in accordance with the schedule of |
| 325 | commercial/industrial assessments. Whenever an agricultural or |
| 326 | commercial building or structure is located on a parcel defined |
| 327 | herein as vacant, the building or structure shall be assessed in |
| 328 | accordance with the schedule of commercial/industrial assessments. |
| 329 | (2) Residential parcels shall include all parcels which are |
| 330 | developed for residential purposes and are usually classified by |
| 331 | the property appraiser as Use Code types "0100," "0104," "0200," |
| 332 | "0204," "0300," "0400," "0500," "0600," "0700," "0800," "0801," |
| 333 | "0803," "1200," "2800," and "2802." Surcharges may be assigned by |
| 334 | the district for dwelling units located on the second, third, |
| 335 | fourth, fifth, or higher floors. The maximum annual assessment for |
| 336 | these parcels shall be: |
| 337 | (a) Use Codes "0100" and "0104" shall be $150.00 per single |
| 338 | family residence. If said residence is located on a parcel of land |
| 339 | not in excess of one lot or 1 acre, no additional assessment shall |
| 340 | be made for the land on which said residence is located. If the |
| 341 | land upon which said residence is located exceeds one lot or 1 |
| 342 | acre, an additional assessment may be made in accordance with |
| 343 | subsection (1). |
| 344 | (b) Use Codes "0300," "0800," "0801," and "0803," multi- |
| 345 | family residences, shall be $150 per unit. If said residence is |
| 346 | located on a parcel of land not in excess of one lot or 1 acre, no |
| 347 | additional assessment shall be made for the land on which said |
| 348 | residence is located. If the land upon which said residence is |
| 349 | located exceeds one lot or 1 acre, an additional assessment may be |
| 350 | made in accordance with subsection (1). |
| 351 | (c) Use Code "0400," condominiums/apartments, residential, |
| 352 | shall be $150.00 per dwelling unit. |
| 353 | (d) Use Codes "0200," "0204," and "2802," mobile homes, |
| 354 | mobile homes/condominiums, and mobile home parks, residential, |
| 355 | shall be $150 per dwelling unit. |
| 356 | (e) Use Codes "0500," "0600," and "0700," cooperatives, |
| 357 | retirement homes, miscellaneous, migrant camps, etc., shall be |
| 358 | $150 per dwelling unit. |
| 359 | (f) Any other residential units, including, but not limited |
| 360 | to, the residential portion of mixed uses (Use Code "1200") shall |
| 361 | be $150 per dwelling unit. |
| 362 | (g) Travel trailer parks (Use Code "2800") shall be $20 per |
| 363 | dwelling unit or available rental space, as applicable. |
| 364 | (3) Commercial/industrial parcels shall include all other |
| 365 | developed parcels which are not included in the residential |
| 366 | category as defined above. All commercial/industrial parcels shall |
| 367 | be assessed on a square footage basis for all buildings and |
| 368 | structures in accordance with the following schedule and hazard |
| 369 | classification. The district may or may not vary the assessment by |
| 370 | hazard classifications as set forth herein, based on guidelines to |
| 371 | be approved by the board of fire commissioners. The base |
| 372 | assessment for all buildings and structures shall be $150 for the |
| 373 | first 1,000 square feet on a parcel. The schedule for all square |
| 374 | footage in excess of 1,000 square feet shall be as follows; |
| 375 | however, the district may grant an improved hazard rating to all |
| 376 | or part of the buildings and/or structures if they are equipped |
| 377 | with complete internal fire suppression facilities. |
| 378 |
|
| 379 | Category Use Codes Square Foot Assessment |
| 380 |
|
| 381 | Mercantile (M) 1100, 1200, 1300, |
| 382 | 1400, 1500, 1600, |
| 383 | 1604, 2900 $0.25 |
| 384 |
|
| 385 | Business (B) 1700, 1704, 1800, |
| 386 | 1900, 1904, 2200, |
| 387 | 2300, 2400, 2500, |
| 388 | 2600, 3000, 3600 $0.25 |
| 389 |
|
| 390 | Assembly (A) 2100, 3100, 3200, |
| 391 | 3300, 3400, 3500, |
| 392 | 3700, 3800, 3900, |
| 393 | 7600, 7700, 7900 $0.25 |
| 394 |
|
| 395 | Factory/ 4100, 4104, 4400, |
| 396 | Industrial (F) 4500, 4600, 4700, |
| 397 | 9100 $0.25 |
| 398 |
|
| 399 | Storage (S) 2000, 2700, 2800, |
| 400 | 4900 $0.25 |
| 401 |
|
| 402 | Hazardous (H) 4200, 4300, 4800, |
| 403 | 4804 $0.25 |
| 404 |
|
| 405 | Institutional (I) 7000, 7100, 7200, |
| 406 | 7300, 7400, 7800, |
| 407 | 8400, 8500, 9200 $0.25 |
| 408 |
|
| 409 | Whenever a parcel is utilized for multiple hazard classifications, |
| 410 | the district may vary the assessment in accordance with actual |
| 411 | categories. |
| 412 | Section 16. Impact fees.-- |
| 413 | (1)(a) It is hereby found and determined that the district |
| 414 | is located in one of the fastest growing areas of Manatee County, |
| 415 | which is itself experiencing one of the highest growth rates in |
| 416 | the nation. New construction and resulting population growth have |
| 417 | placed a strain upon the capabilities of the district to continue |
| 418 | providing the high level of professional fire protection and |
| 419 | emergency service for which the residents of the district pay and |
| 420 | which they deserve. |
| 421 | (b) It is hereby declared that the cost of new facilities |
| 422 | for fire protection and emergency service should be borne by new |
| 423 | users of the district services to the extent new construction |
| 424 | requires new facilities, but only to that extent. It is the |
| 425 | legislative intent of this section to transfer to the new user of |
| 426 | the district's fire protection and emergency services a fair share |
| 427 | of the costs that new users impose on the district for new |
| 428 | facilities. |
| 429 | (c) It is hereby declared that the amount of the impact fees |
| 430 | provided for in this section are just, reasonable, and equitable. |
| 431 | (2) No person shall issue or obtain a building permit for |
| 432 | new residential dwelling units or new commercial or industrial |
| 433 | structures within the district, or issue or obtain construction |
| 434 | plan approval for new mobile home or recreational or travel |
| 435 | trailer park developments located within the district, until the |
| 436 | developer thereof has paid the applicable impact fee to the |
| 437 | district, according to a schedule determined annually by the |
| 438 | board, as follows: For each new residential dwelling unit, a fee |
| 439 | that shall not exceed $500; for new commercial or industrial |
| 440 | structures having a total floor area less than 5,000 square feet, |
| 441 | a fee that shall not exceed $500, and for structures 5,000 square |
| 442 | feet and over, a base fee that shall not exceed $500 plus $0.25 |
| 443 | per square foot for such floor area in excess of 5,000 square |
| 444 | feet; for new recreational or travel trailer park developments, a |
| 445 | fee that shall not exceed $25 per lot or permitted space. |
| 446 | (3) The impact fees collected by the district pursuant to |
| 447 | this section shall be kept as a separate fund from other revenues |
| 448 | of the district and shall be used exclusively for the acquisition, |
| 449 | purchase, or construction of new facilities or portions thereof |
| 450 | required to provide fire protection and emergency service to new |
| 451 | construction. The term "new facilities" means land, buildings, and |
| 452 | capital equipment, including, but not limited to, fire and |
| 453 | emergency vehicles and radio-telemetry equipment, and other |
| 454 | firefighting or rescue equipment. Said fees shall not be used for |
| 455 | the acquisition, purchase, or construction of facilities which |
| 456 | must be obtained in any event, regardless of growth within the |
| 457 | district. The board of fire commissioners shall maintain adequate |
| 458 | records to ensure that impact fees are expended only for |
| 459 | permissible new facilities or equipment. |
| 460 | Section 4. If any provision of this act or the application |
| 461 | thereof to any person or circumstance is held invalid, the |
| 462 | invalidity shall not affect other provisions or applications of |
| 463 | the act which can be given effect without the invalid provision or |
| 464 | application, and to this end the provisions of this act are |
| 465 | declared severable. |
| 466 | Section 5. The provisions of this act shall be liberally |
| 467 | construed in order to effectively carry out the purpose of this |
| 468 | act in the interest of the public and safety. |
| 469 | Section 6. Paragraph (a) of subsection (1) of section 1 of |
| 470 | chapter 93-352, Laws of Florida, is amended to read: |
| 471 | Section 1. Manatee County district boards of fire |
| 472 | commissioners; membership.-- |
| 473 | (1)(a) The business affairs of the Cedar Hammock Fire |
| 474 | Control District, Parrish Fire Control District, Southern |
| 475 | Manatee Fire and Rescue District, Trailer Estates Fire Control |
| 476 | District, Westside Fire Control District, and Whitfield Fire |
| 477 | Control District in Manatee County shall be conducted and |
| 478 | administered by a five-member board that is elected by the |
| 479 | electors of the respective districts in nonpartisan elections |
| 480 | held at the time and in the manner prescribed for holding |
| 481 | general elections in section 189.405(2)(a), Florida Statutes. |
| 482 | Each member shall be elected for a term of 4 years and shall |
| 483 | serve until his successor is chosen and qualified, except that |
| 484 | members elected to seats 2 and 4 in the first election held |
| 485 | after the effective date of this act shall be elected for a term |
| 486 | of 2 years. |
| 487 | Section 7. Chapters 82-325, 85-451, 89-515, 90-458, 91-409, |
| 488 | 94-373, 95-501, and 02-335, Laws of Florida, are repealed. |
| 489 | Section 8. This act shall take effect upon becoming a law. |