HB 0413

1
A bill to be entitled
2An act relating to the Parrish Fire District, Manatee
3County; codifying the district's charter; providing
4boundaries; providing for a board of fire commissioners;
5providing for elections; providing for filling of
6vacancies; providing authority to levy non-ad valorem
7assessments; providing for liens; providing for public
8hearings; providing for deposit of funds; providing for
9use of funds; providing borrowing power of the district;
10providing authority and power to acquire certain property;
11providing duties of the board of fire commissioners;
12providing authority to employ qualified personnel;
13providing for financial reporting; providing for existence
14of the district; providing definitions; providing for
15impact fees; providing a schedule of non-ad valorem
16assessments; providing severability; providing for liberal
17construction; amending chapter 93-352, Laws of Florida;
18removing a reference to the district; repealing chapters
1982-325, 85-451, 89-515, 90-458, 91-409, 94-373, 95-501,
20and 02-335, Laws of Florida, relating to the district;
21providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Pursuant to section 191.015, Florida Statutes,
26this act constitutes the codification of all special acts relating
27to the Parrish Fire District. It is the intent of this act to
28provide a single, comprehensive special act charter for the
29district including all current legislative authority granted to
30the district by its several legislative enactments and by any
31additional authority granted by this act and chapters 189 and 191,
32Florida Statutes, as they may be amended from time to time. It is
33further the intent of this act to preserve all district authority.
34     Section 2.  Chapters 82-325, 85-451, 89-515, 90-458, 91-409,
3594-373, 95-501, and 02-335, Laws of Florida, are codified,
36amended, reenacted, and repealed as herein provided.
37     Section 3.  The Parrish Fire District is re-created and the
38charter is re-created and reenacted to read:
39     Section 1.  Incorporation.--Upon this act becoming a law, all
40of the unincorporated lands in Manatee County, as described in
41this act, shall become and be incorporated into an independent
42special fire district. Said special fire district shall become and
43be a public municipal corporation, having the powers and duties
44herein set forth under the name of Parrish Fire District.
45     Section 2.  Jurisdiction.--The lands to be incorporated
46within the Parrish Fire District are located in Manatee County,
47and are described as follows:
48Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,
4915, 16, 17, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30,
5031, 32, 33, 34, 35 and 36 all lying in Township 33
51South, Range 19 East; and Sections 1, 2, 3, 4, 5, 6, 7,
528, 9, 10, 11, and 12, all lying in Township 34 South,
53Range 19 East; and all of Sections 13, 14, 15, 16, 17,
54and 18, lying north of Manatee River, all lying in
55Township 34 South, Range 19 East, and Sections 3, 4, 5,
566, 7, 8, 9, 10, 15, 16, 17, 18, 19, 20, 21, 22, 27, 28,
5729, 30, 31, 32, 33, and 34, all lying in Township 33
58South, Range 20 East, and Sections 3, 4, 5, 6, 7, 8, 9,
5910, 15, 16, 17, 18, 19, 20, 21, 22, and 28, all lying in
60Township 34 South, Range 20 East, and all of Sections
6129, 30, 32, and 33, lying North of Manatee River, all
62lying in Township 34 South, Range 20 East.
63
64     Section 3.  Board of fire commissioners.--The business and
65affairs of the district shall be conducted and administered by a
66board of five commissioners, who shall be elected as provided for
67in section 4. Upon their election annually in November, the
68commissioners shall organize by electing from their number a chair
69and vice chair. The commissioners shall appoint or employ a
70qualified person or persons for the positions of secretary or
71treasurer or the position of secretary/treasurer. The positions of
72secretary, treasurer, or secretary/treasurer may be held by one
73commissioner or the commission may, in lieu of electing a
74secretary and/or treasurer from its number, employ a qualified
75person or persons who are not commissioners to perform the duties
76of secretary, treasurer, or secretary/treasurer and may compensate
77such person or persons from funds of the district for the services
78rendered. If the commissioners do employ such qualified person or
79persons to perform the duties of secretary, treasurer, or
80secretary/treasurer, said performance shall be subject to the
81supervision of the board of fire commissioners. The commissioners
82may each be paid a salary or honorarium, to be determined by the
83board, that shall not exceed $500 per month and may not be
84otherwise employed by the district on either a full-time or part-
85time basis and receive compensation for such employment, except as
86specifically provided for herein. The board of fire commissioners
87is authorized to pay the commissioner or commissioners who are
88elected secretary, treasurer, or secretary/treasurer a reasonable
89sum for their services as such. Each commissioner shall, before he
90or she enters upon his or her duties as commissioner, execute to
91the state, for the benefit of the district, a good and sufficient
92bond approved by a Circuit Judge of Manatee County in the sum of
93not less than $5,000 with a qualified corporate surety,
94conditioned to faithfully perform the duties of the office of
95commissioner. All premiums for such surety on all such bonds shall
96be paid from the funds of said district. The board of fire
97commissioners shall have the authority and power to make and enter
98into contracts with firms, individuals, and municipal corporations
99relating to any and all of the purposes of the district.
100     Section 4.  Election of commissioners.--
101     (1)  The members of the board of fire commissioners of the
102district shall consist of five members who shall serve for 4-year
103terms and shall be elected by the electors of the respective
104district in a nonpartisan election, as hereinafter set forth. The
105five-member board of fire commissioners shall consist of one
106member elected by the entire fire district to represent each of
107five fire commissioner seats of the Parrish Fire District. The
108fire commissioner seats on the board shall be identified as
109district seats 1, 2, 3, 4, and 5. Each candidate must designate,
110at the time he or she qualifies, the district seat on the board
111for which he or she is qualifying and the name of each candidate
112who qualifies shall be included on the ballot in a way that
113clearly indicates the district seat for which he or she is a
114candidate. The candidate for each district seat who receives the
115most votes shall be elected to the board. In addition to
116requirements of candidates for election under general law, in
117order to qualify for such election or maintain such a position, a
118candidate or elected commissioner must be a qualified elector and
119must reside within the boundaries of the fire district at the time
120he or she qualifies and continually throughout the term.
121     (2)  Two members of the board of fire commissioners (district
122seats 2 and 4) shall be elected at the general election during
123each United States presidential election year. The remaining three
124members of the board (district seats 1, 3, and 5) shall be elected
125at the general election during each Florida gubernatorial election
126year.
127     (3)  Each elected commissioner shall hold office until his or
128her successor is elected and qualified, or until such commissioner
129ceases to qualify as a commissioner or is removed from office.
130     (4)  Each elected member shall assume office on the fourth
131Tuesday following the election.
132     (5)  If a vacancy occurs on the board, the remaining members
133may appoint a qualified person to fill the seat until the next
134general election that is held at least 3 months after the date the
135vacancy occurs, at which time an election shall be held to fill
136the vacancy.
137     Section 5.  Authority to levy non-ad valorem assessments.--
138     (1)  Said district shall have the right, power, and authority
139to levy non-ad valorem assessments against the taxable real estate
140lying within its territorial bounds, as well as assessing an
141additional charge for hazardous or emergency conditions, in order
142to provide funds for the purpose of the district. The rate of such
143assessments shall be fixed by a resolution of the board of fire
144commissioners, but shall in no event exceed the amounts set forth
145in section 15.
146     (2)  The board of fire commissioners is hereby authorized to
147provide a reasonable schedule of charges for emergency services,
148including, but not limited to, firefighting occurring in or to
149motor vehicles, marine vessels including live-aboards, aircraft,
150or rail cars including engines, or as a result of the operation of
151such motor vehicles, marine vessels including live-aboards,
152aircraft, or rail cars including engines, to which the Parrish
153Fire District is called upon to render such emergency services,
154and to charge a fee for such services rendered in accordance with
155said schedule. The Parrish Fire District shall have a lien upon
156said motor vehicles, marine vessels including live-aboards,
157aircraft, or rail cars including engines for the charges so
158assessed. The board of fire commissioners is authorized to enter
159into contracts for firefighting duties which provide a reasonable
160remuneration to the district for such firefighting activities.
161     (3)  The board of fire commissioners is authorized to provide
162a reasonable schedule of charges for the fighting of fires
163occurring in or at refuse dumps or as a result of an illegal burn,
164which fire, dump, or burn is not authorized by general or special
165law of the state, rule, regulation, order, or ordinance to which
166the district is called upon to fight and/or extinguish. The fee
167charged in accordance with said schedule shall constitute a lien
168upon the real property where said fire or burn is located.
169     (4)  The district shall provide to the county property
170appraiser a notice of fire assessment rates as adopted by
171resolution no later than June 1 of each year. The county property
172appraiser shall then furnish to the commissioners of the district
173a tax roll covering all taxable properties with the assessment
174rate levy placed on each parcel of property by July 1, which tax
175roll is consistent with and set forth by section 193.1142, Florida
176Statutes. No later than 21 days after receipt of the tax roll from
177the county property appraiser, the district shall return the tax
178roll, having first checked and noted any corrections or
179adjustments to the fire assessment levy against each parcel of
180property.
181     (5)  Prior to adopting a rate of assessment as required in
182subsection (4), the board of fire commissioners of the district
183shall properly advertise and hold a public hearing with respect to
184the proposed rate of assessment. At such hearing, any property
185owner in the district shall have the right to file written
186objection and/or testify at such hearing regarding the proposed
187rate of assessment. After due consideration of all comments or
188protests, the board of fire commissioners shall adopt a resolution
189specifying the rate of assessment on all taxable property.
190     (6)  The board of fire commissioners of the district shall,
191no earlier than 30 days nor later than 45 days after the mailing
192of the notice of proposed property taxes as required by section
193194.011(1), Florida Statutes, hold a properly advertised public
194hearing to hear appeals from any property owner in the district
195with respect to the method of calculation and/or the amounts of
196fire assessment levied against a parcel of land. Within 20
197calendar days after the conclusion of the public hearing to hear
198appeals, the board of fire commissioners of the district shall
199notify all concerned parties and the county property appraiser in
200writing of its decision. The decision shall include reasons for
201granting or denying the appeal.
202     (7)  The county property appraiser shall then include the
203assessments thus made by the board of fire commissioners of the
204district in the Manatee County tax roll and the same shall be
205collected in the manner and form as is provided for the collection
206of county taxes and paid over by the county tax collector to the
207board of fire commissioners.
208     (8)  Such non-ad valorem assessments shall be a lien upon the
209land so assessed along with the county taxes assessed against the
210same until said assessments have been paid, and, if the same
211become delinquent, shall be considered a part of the county tax
212subject to the same penalties, fees, and remedies for enforcement
213and collections, and shall be enforced and collected as provided
214by the laws of the state for the collection of such taxes.
215     Section 6.  Deposit of funds.--All proceeds of assessments
216and other funds of the district shall be deposited in the name of
217the district in a financial institution designated under the
218provisions of chapter 280, Florida Statutes, as a qualified public
219depository. The approved financial institution shall be designated
220by a resolution of the board of fire commissioners. No funds of
221the district shall be paid out or disbursed except by check.
222     Section 7.  Use of funds.--No funds of the district shall be
223used for any purpose other than for the administration of the
224affairs and business of the district; the acquisition,
225construction, care, maintenance, upkeep, and operation of sites
226for fire stations; fire station, firefighting, and rescue
227equipment; the employment of qualified personnel as provided for
228herein and payment of the essential personnel benefits such as
229health, life, disability, and workers' compensation insurance;
230retirement programs and other associated costs designed to further
231the purpose of the district; and legal expenses incurred for the
232operation, enforcement, and furtherance of the district's affairs
233and business.
234     Section 8.  Borrowing power.--The board of fire commissioners
235shall have the power and authority to borrow money for the purpose
236of the district and to mortgage the real and personal property of
237the district or to pledge future assessments and liens as security
238for such loans. The limits of such authority shall be that the
239amount borrowed shall not exceed three times the total assessments
240in the fiscal year the loan is contracted; however, the district
241commissioners shall not create any indebtedness or incur
242obligations for any amount which it is unable to pay out of the
243district's funds. Neither the district commissioners as a body nor
244any one of them as an individual shall be personally or
245individually liable for the repayment of such loan or loans. In
246addition, the board of fire commissioners shall have the power and
247authority to make purchases of equipment on an installment basis
248as necessary, if funds are available for the payment of the
249current year's installment on such equipment plus the amount due
250in that year on any other installment or other indebtedness.
251     Section 9.  Authority and power to acquire.--The Parrish Fire
252District shall have all of the corporate powers of a Florida
253municipal corporation as provided by statute, including, but not
254limited to, the right to sue and to be sued; to lease, own,
255possess, and convey real and personal property necessary to carry
256out the purpose of this act; and to acquire such property by
257grant, gift, purchase, devise, or eminent domain, or any means
258whatsoever.
259     Section 10.  Duties of officers and authority of
260commissioners.--The officers of the board of fire commissioners
261shall have the duties usually pertaining to, vested in, and
262incumbent upon like officers. A record shall be kept of all
263meetings of said board of fire commissioners and in such meetings
264concurrence of a majority of said commissioners at the meeting
265consisting of a quorum shall be necessary for any affirmative
266actions by said board. The board of fire commissioners of said
267district shall have the authority to adopt ordinances and rules
268and regulations for fire safety and protection, including, but not
269limited to, those standards set out in section 633.025, Florida
270Statutes.
271     Section 11.  Authority to employ qualified personnel.--The
272board of fire commissioners of said district shall have the
273authority to employ personnel as required to carry out the purpose
274of the district. Such personnel may, in addition to others,
275include a Fire Chief, one or more firefighters or inspectors, and
276administrative or maintenance personnel as the board of fire
277commissioners deems necessary to carry out the purpose of the
278district, and shall have authority to provide all things necessary
279for the prevention, extinguishment, and control of fires in the
280district.
281     Section 12.  Financial reporting.--The board of fire
282commissioners of the district shall comply with all appropriate
283reporting requirements for units of local government, including,
284but not limited to, sections 11.45, 189.416-189.418, 218.32, and
285218.38, Florida Statutes. These requirements as referenced herein
286include the filing on or before September 1 of each year of the
287district's estimated budget for the fiscal year beginning October
2881, the filing of financial statements and audits for the fiscal
289year ending each September 30 within the timeframes identified,
290and other reporting requirements specified.
291     Section 13.  Existence.--The Parrish Fire District herein
292contemplated shall exist until dissolved by law.
293     Section 14.  Definitions.--The term "district" means the
294Parrish Fire District and the terms "board" and "board of fire
295commissioners" mean the board of fire commissioners of the Parrish
296Fire District, unless otherwise specified.
297     Section 15.  Schedule of non-ad valorem assessments.--The
298assessment procedures and amounts, as set forth herein, represent
299the manner to be followed and the maximum allowable rates which
300shall be charged by the district, if needed. For assessment
301purposes, all property within the district shall be divided into
302three general classifications: vacant parcels, residential
303parcels, and commercial/industrial parcels.
304     (1)  Vacant parcels shall include all parcels which are
305essentially undeveloped and are usually classified by the property
306appraiser as Use Code types "0000," "0004," "1000," "4000,"
307"9800," "9900," and "5000" through "7000."  The maximum annual
308assessment for these parcels shall be:
309     (a)  Vacant residential lots (Use Code 0000) $10.00 per lot.
310     (b)  Vacant condominium lots (Use Code 0004) $10.00 per lot.
311     (c)  Unsubdivided acreage (Use Code 5000 through 7000, 9800,
3129900, and 9901) $3.50 per acre or fraction thereof, except that
313not more than $850 shall be assessed against any one parcel.
314     (d)  Vacant commercial and industrial parcels (Use Code 1000
315and 4000) shall be assessed as a platted lot or unsubdivided
316acreage as applicable. Whenever a residential unit is located on a
317parcel defined herein as vacant, the residential plot shall be
318considered as one lot or 1 acre with the balance of the parcel
319being assessed as vacant land in accordance with the schedule of
320commercial/industrial assessments. Whenever an agricultural or
321commercial building or structure is located on a parcel defined
322herein as vacant, the building or structure shall be assessed in
323accordance with the schedule of commercial/industrial assessments.
324     (2)  Residential parcels shall include all parcels which are
325developed for residential purposes and are usually classified by
326the property appraiser as Use Code types "0100," "0104," "0200,"
327"0204," "0300," "0400," "0500," "0600," "0700," "0800," "0801,"
328"0803," "1200," "2800," and "2802." Surcharges may be assigned by
329the district for dwelling units located on the second, third,
330fourth, fifth, or higher floors. The maximum annual assessment for
331these parcels shall be:
332     (a)  Use Codes "0100" and "0104" shall be $150.00 per single
333family residence. If said residence is located on a parcel of land
334not in excess of one lot or 1 acre, no additional assessment shall
335be made for the land on which said residence is located. If the
336land upon which said residence is located exceeds one lot or 1
337acre, an additional assessment may be made in accordance with
338subsection (1).
339     (b)  Use Codes "0300," "0800," "0801," and "0803," multi-
340family residences, shall be $150 per unit. If said residence is
341located on a parcel of land not in excess of one lot or 1 acre, no
342additional assessment shall be made for the land on which said
343residence is located. If the land upon which said residence is
344located exceeds one lot or 1 acre, an additional assessment may be
345made in accordance with subsection (1).
346     (c)  Use Code "0400," condominiums/apartments, residential,
347shall be $150.00 per dwelling unit.
348     (d)  Use Codes "0200," "0204," and "2802," mobile homes,
349mobile homes/condominiums, and mobile home parks, residential,
350shall be $150 per dwelling unit.
351     (e)  Use Codes "0500," "0600," and "0700," cooperatives,
352retirement homes, miscellaneous, migrant camps, etc., shall be
353$150 per dwelling unit.
354     (f)  Any other residential units, including, but not limited
355to, the residential portion of mixed uses (Use Code "1200") shall
356be $150 per dwelling unit.
357     (g)  Travel trailer parks (Use Code "2800") shall be $20 per
358dwelling unit or available rental space, as applicable.
359     (3)  Commercial/industrial parcels shall include all other
360developed parcels which are not included in the residential
361category as defined above. All commercial/industrial parcels shall
362be assessed on a square footage basis for all buildings and
363structures in accordance with the following schedule and hazard
364classification. The district may or may not vary the assessment by
365hazard classifications as set forth herein, based on guidelines to
366be approved by the board of fire commissioners. The base
367assessment for all buildings and structures shall be $150 for the
368first 1,000 square feet on a parcel. The schedule for all square
369footage in excess of 1,000 square feet shall be as follows;
370however, the district may grant an improved hazard rating to all
371or part of the buildings and/or structures if they are equipped
372with complete internal fire suppression facilities.
373
374     Category               Use Codes             Square Foot Assessment
375
376     Mercantile (M)          1100, 1200, 1300,
377                         1400, 1500, 1600,
378                         1604, 2900                    $0.25
379
380     Business (B)          1700, 1704, 1800,
381                         1900, 1904, 2200,
382                         2300, 2400, 2500,
383                         2600, 3000, 3600          $0.25     
384
385     Assembly (A)          2100, 3100, 3200,
386                         3300, 3400, 3500,
387                         3700, 3800, 3900,
388                         7600, 7700, 7900          $0.25
389
390     Factory/               4100, 4104, 4400,
391     Industrial (F)          4500, 4600, 4700,
392                         9100                         $0.25
393
394     Storage (S)          2000, 2700, 2800,
395                         4900                         $0.25
396
397     Hazardous (H)          4200, 4300, 4800,
398                         4804                         $0.25
399
400     Institutional (I)     7000, 7100, 7200,
401                         7300, 7400, 7800,
402                         8400, 8500, 9200          $0.25     
403
404Whenever a parcel is utilized for multiple hazard classifications,
405the district may vary the assessment in accordance with actual
406categories.
407     Section 16.  Impact fees.--
408     (1)(a)  It is hereby found and determined that the district
409is located in one of the fastest growing areas of Manatee County,
410which is itself experiencing one of the highest growth rates in
411the nation. New construction and resulting population growth have
412placed a strain upon the capabilities of the district to continue
413providing the high level of professional fire protection and
414emergency service for which the residents of the district pay and
415which they deserve.
416     (b)  It is hereby declared that the cost of new facilities
417for fire protection and emergency service should be borne by new
418users of the district services to the extent new construction
419requires new facilities, but only to that extent. It is the
420legislative intent of this section to transfer to the new user of
421the district's fire protection and emergency services a fair share
422of the costs that new users impose on the district for new
423facilities.
424     (c)  It is hereby declared that the amount of the impact fees
425provided for in this section are just, reasonable, and equitable.
426     (2)  No person shall issue or obtain a building permit for
427new residential dwelling units or new commercial or industrial
428structures within the district, or issue or obtain construction
429plan approval for new mobile home or recreational or travel
430trailer park developments located within the district, until the
431developer thereof has paid the applicable impact fee to the
432district, according to a schedule determined annually by the
433board, as follows: For each new residential dwelling unit, a fee
434that shall not exceed $500; for new commercial or industrial
435structures having a total floor area less than 5,000 square feet,
436a fee that shall not exceed $500, and for structures 5,000 square
437feet and over, a base fee that shall not exceed $500 plus $0.25
438per square foot for such floor area in excess of 5,000 square
439feet; for new recreational or travel trailer park developments, a
440fee that shall not exceed $25 per lot or permitted space.
441     (3)  The impact fees collected by the district pursuant to
442this section shall be kept as a separate fund from other revenues
443of the district and shall be used exclusively for the acquisition,
444purchase, or construction of new facilities or portions thereof
445required to provide fire protection and emergency service to new
446construction. The term "new facilities" means land, buildings, and
447capital equipment, including, but not limited to, fire and
448emergency vehicles and radio-telemetry equipment, and other
449firefighting or rescue equipment. Said fees shall not be used for
450the acquisition, purchase, or construction of facilities which
451must be obtained in any event, regardless of growth within the
452district. The board of fire commissioners shall maintain adequate
453records to ensure that impact fees are expended only for
454permissible new facilities or equipment.
455     Section 4.  If any provision of this act or the application
456thereof to any person or circumstance is held invalid, the
457invalidity shall not affect other provisions or applications of
458the act which can be given effect without the invalid provision or
459application, and to this end the provisions of this act are
460declared severable.
461     Section 5.  The provisions of this act shall be liberally
462construed in order to effectively carry out the purpose of this
463act in the interest of the public and safety.
464     Section 6.  Paragraph (a) of subsection (1) of section 1 of
465chapter 93-352, Laws of Florida, is amended to read:
466     Section 1.  Manatee County district boards of fire
467commissioners; membership.--
468     (1)(a)  The business affairs of the Cedar Hammock Fire
469Control District, Parrish Fire Control District, Southern
470Manatee Fire and Rescue District, Trailer Estates Fire Control
471District, Westside Fire Control District, and Whitfield Fire
472Control District in Manatee County shall be conducted and
473administered by a five-member board that is elected by the
474electors of the respective districts in nonpartisan elections
475held at the time and in the manner prescribed for holding
476general elections in section 189.405(2)(a), Florida Statutes.
477Each member shall be elected for a term of 4 years and shall
478serve until his successor is chosen and qualified, except that
479members elected to seats 2 and 4 in the first election held
480after the effective date of this act shall be elected for a term
481of 2 years.
482     Section 7.  Chapters 82-325, 85-451, 89-515, 90-458, 91-409,
48394-373, 95-501, and 02-335, Laws of Florida, are repealed.
484     Section 8.  This act shall take effect upon becoming a law.


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