HB 0723

1	A bill to be entitled
2	An act relating to the Braden River Fire Control and
3	Rescue District, Manatee County; amending chapter 2000-
4	404, Laws of Florida; revising the district charter to
5	rename the district, provide it with specified statutory
6	powers and authority, and delete unnecessary or redundant
7	provisions relating to the district board of
8	commissioners, special powers of the district, and taxes,
9	non-ad valorem assessments, impact fees, and user charges;
10	providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Sections 1, 2, 3, 4, and 6 through 13 of
15	section 3 of chapter 2000-404, Laws of Florida, are amended to
16	read:
17	Section 1.  Incorporation.--Upon the effective date of this
18	act, all of the unincorporated lands in Manatee County, Florida,
19	as described in this act, shall become and be incorporated into
20	and as an independent special fire control district. Said
21	special fire control district shall become and be a public
22	municipal corporation, having the powers and duties herein set
23	forth under the name of East Manatee Fire Braden River Fire
24	Control and Rescue District.
25	Section 2.  Jurisdiction.--The lands to be incorporated
26	within the East Manatee Fire Braden River Fire Control and
27	Rescue District are described as follows:
28
29	Begin at the intersection of the centerlines of the
30	Manatee River and the Braden River; thence easterly
31	along the centerline of the Manatee River to the
32	intersection of the Rye Road bridge; thence northerly
33	along the centerline of Rye Road to a point of
34	intersection of the North section line of Section 24
35	Township 34 South, Range 19 East; thence easterly to
36	the Northeast corner of Section 24; thence southerly
37	along the east line of said Section 24 to the
38	centerline of Lake Manatee; thence easterly to S.R.
39	64; thence westerly along the centerline of S.R. 64 to
40	old S.R. 675; thence south along the centerline of
41	S.R. 675 and its southerly extension to the line
42	dividing Manatee County and Sarasota County which same
43	point being the Southeast corner of Section 33,
44	Township 35 South, Range 20 East; thence westerly
45	along said dividing line to point being the
46	intersection of the line dividing Manatee and Sarasota
47	Counties and the Southerly extension of the West
48	right-of-way line of Interstate I-75, said point being
49	located in Section 36 Township 35 South Range 18 East;
50	thence northerly along said west right-of-way line to
51	the centerline of the Braden River; thence westerly
52	and northerly along said centerline to the centerline
53	of the Manatee River, also being the point of
54	beginning; specifically excluding all lands lying and
55	situate within the corporate limits of the City of
56	Bradenton.
57
58	Section 3.  District board of commissioners; memberships,
59	officers, meetings.--
60	(1)  The business affairs of the district shall be
61	conducted and administered by a board of five commissioners who
62	shall reside within said district and who shall be elected as
63	provided for in accordance with section 191.005, Florida
64	Statutes.
65	(2)  Each elected member of the board shall assume office
66	10 days following the member's election. Annually, in January,
67	and/or within 60 days after the newly elected members have taken
68	office, the board shall organize by electing from its members a
69	chair, a vice chair, a secretary, and a treasurer. The positions
70	of secretary and treasurer may be held by one member. Funds of
71	the district may be disbursed only upon the order or pursuant to
72	resolution of the board, by warrant or check signed by the
73	treasurer or other person authorized by the board. However, a
74	petty cash account may be authorized by the board. The board may
75	give the treasurer additional powers and duties that it deems
76	appropriate.
77	(3)  Members of the board may each be paid a salary or
78	honorarium to be determined by at least a majority plus one vote
79	of the board, which salary or honorarium may not exceed $500 per
80	month for each member. Special notice of any meeting at which
81	the board will consider a salary change for board members shall
82	be published at least once, at least 14 days prior to the
83	meeting, in a newspaper of general circulation in the county in
84	which the district is located. Separate compensation for the
85	board member serving as treasurer may be authorized by like vote
86	so long as total compensation for the board member does not
87	exceed $500 per month. Members may be reimbursed for travel and
88	per diem expenses as provided for in section 112.061, Florida
89	Statutes.
90	(4)  If a vacancy occurs on the board due to the
91	resignation, death, or removal of a board member or the failure
92	of anyone to qualify for a board seat, the remaining members may
93	appoint a qualified person to fill the seat until the next
94	general election, at which time an election shall be held to
95	fill the vacancy for the remaining term, if any. The board shall
96	remove any member who has three consecutive, unexcused absences
97	from regularly scheduled meetings. The board shall adopt
98	policies by resolution defining excused and unexcused absences.
99	(5)  Each member shall, upon assuming office, take and
100	subscribe to the oath of office prescribed by s. 5(b), Art. II
101	of the State Constitution and section 876.05, Florida Statutes.
102	Each member, within 30 days after assuming office, must give the
103	Governor a good and sufficient surety bond in the sum of $5,000,
104	the cost thereof being borne by the district, conditioned on the
105	member's faithful performance of his or her duties of office.
106	(6)  The board shall keep a permanent record book entitled
107	"Record of Proceedings of (name of district)," in which the
108	minutes of all meetings, resolutions, proceedings, certificates,
109	bonds given by commissioners, and corporate acts shall be
110	recorded. The record book shall be open to inspection in the
111	same manner as state, county, and municipal records are open
112	under chapter 119, Florida Statutes, and s. 24, Art. I of the
113	State Constitution. The record book shall be kept at the office
114	or other regular place of business maintained by the board in
115	the county or municipality in which the district is located.
116	(2)(7)  All meetings of the board shall be open to the
117	public consistent with chapter 286, Florida Statutes, section
118	189.417, Florida Statutes, and other applicable general laws.
119	Section 4.  General powers.--The district shall have, and
120	the board may exercise by majority vote, the following powers
121	and authority set forth in chapters 189 and 191, Florida
122	Statutes, as amended from time to time.:
123	(1)  To sue and be sued in the name of the district, to
124	adopt and use a seal and authorize the use of a facsimile
125	thereof, and to make and execute contracts and other instruments
126	necessary or convenient to the exercise of its powers.
127	(2)  To provide for a pension or retirement plan for its
128	employees. Notwithstanding the prohibition against extra
129	compensation as provided in section 215.425, Florida Statutes,
130	the board may provide for an extra compensation program,
131	including a lump-sum bonus payment program, to reward
132	outstanding employees whose performances exceed standard, if the
133	program provides that a bonus payment may not be included in an
134	employee's regular base rate of pay and may not be carried
135	forward in subsequent years.
136	(3)  To contract for the services of consultants to perform
137	planning, engineering, legal, or other professional services.
138	(4)  To borrow money and accept gifts, to apply for and use
139	grants or loans of money or other property from the United
140	States, the state, a unit of local government, or any person for
141	any district purposes, and enter into agreements required in
142	connection therewith, and to hold, use, sell, and dispose of
143	such moneys or property for any district purpose in accordance
144	with the terms of the gift, grant, loan, or agreement relating
145	thereto.
146	(5)  To adopt resolutions and procedures prescribing the
147	powers, duties, and functions of the officers of the district,
148	the conduct of the business of the district, the maintenance of
149	records, and the form of other documents and records of the
150	district. The board may also adopt ordinances and resolutions
151	that are necessary to conduct district business, if such
152	ordinances do not conflict with any ordinances of a local
153	general purpose government within whose jurisdiction the
154	district is located. Any resolution or ordinance adopted by the
155	board and approved by referendum vote of district electors may
156	only be repealed by referendum vote of district electors.
157	(6)  To maintain an office at places it designates within a
158	county or municipality in which the district is located and
159	appoint an agent of record.
160	(7)  To acquire, by purchase, lease, gift, dedication,
161	devise, or otherwise, real and personal property or any estate
162	therein for any purpose authorized by this act and to trade,
163	sell, or otherwise dispose of surplus real or personal property.
164	The board may purchase equipment by an installation sales
165	contract if funds are available to pay the current year's
166	installments on the equipment and to pay the amounts due that
167	year on all other installments and indebtedness.
168	(8)  To hold, control, and acquire by donation or purchase
169	any public easement, dedication to public use, platted
170	reservation for public purposes, or reservation for those
171	purposes authorized by this act consistent with applicable
172	adopted local government comprehensive plans and land
173	development regulations.
174	(9)  To lease to or from any person, firm, corporation,
175	association, or body, public or private, any facility or
176	property of any nature for the use of the district when
177	necessary to carry out the district duties and authority under
178	this act.
179	(10)  To borrow money and issue bonds, revenue anticipation
180	notes, or certificates payable from and secured by a pledge of
181	funds, revenues, taxes and assessments, warrants, notes, or
182	other evidence of indebtedness, and mortgage real and personal
183	property when necessary to carry out the district's duties and
184	authority under this act.
185	(11)  To charge user and impact fees authorized by
186	resolution of the board, in amounts necessary to conduct
187	district activities and services, and to enforce their receipt
188	and collection in the manner prescribed by resolution and
189	authorized by law. However, the imposition of impact fees may
190	only be authorized as provided by section 191.009(4), Florida
191	Statutes.
192	(12)  To exercise the right and power of eminent domain,
193	pursuant to chapter 73, Florida Statutes, or chapter 74, Florida
194	Statutes, over any property within the district, except
195	municipal, county, state, special district, or federal property
196	used for a public purpose, for the uses and purposes of the
197	district relating solely to the establishment and maintenance of
198	fire stations and fire substations, specifically including the
199	power to take easements that serve such facilities consistent
200	with applicable adopted local government comprehensive plans and
201	land development regulations.
202	(13)  To cooperate or contract with other persons or
203	entities, including other governmental agencies, as necessary,
204	convenient, incidental, or proper in connection with providing
205	effective mutual aid and furthering any power, duty, or purpose
206	authorized by this act.
207	(14)  To assess and impose upon real property in the
208	district non-ad valorem assessments as authorized by this act.
209	(15)  To impose and foreclose non-ad valorem assessment
210	liens as provided by this act or to impose, collect, and enforce
211	non-ad valorem assessments pursuant to chapter 197, Florida
212	Statutes.
213	(16)  To select as a depository for its funds any qualified
214	public depository as defined in section 280.02, Florida
215	Statutes, which meets all the requirements of chapter 280,
216	Florida Statutes, and has been designated by the State Treasurer
217	as a qualified public depository, upon such terms and conditions
218	as to the payment of the interest upon the funds deposited as
219	the board deems just and reasonable.
220	(17)  To provide adequate insurance on all real and
221	personal property, equipment, employees, volunteer firefighters,
222	and other personnel.
223	(18)  To organize, participate in, and contribute
224	monetarily to organizations or associations relating to the
225	delivery of or improvement of fire control, prevention,
226	emergency rescue services, or district administration.
227	Section 6.  Special powers.--The district shall provide for
228	fire suppression and prevention by establishing and maintaining
229	fire stations and fire substations and acquiring and maintaining
230	such firefighting and fire protection equipment deemed necessary
231	to prevent or fight fires. All construction shall be in
232	compliance with applicable state, regional, and local
233	regulations, including adopted comprehensive plans and land
234	development regulations. The board shall have and may exercise
235	any or all of the following special powers relating to
236	facilities and duties authorized by this act:
237	(1)  Establish and maintain emergency medical and rescue
238	response services and acquire and maintain rescue, medical, and
239	other emergency equipment, pursuant to the provisions of chapter
240	401, Florida Statutes, and any certificate of public convenience
241	and necessity or its equivalent issued thereunder.
242	(2)  Employ, train, and equip such personnel, and train,
243	coordinate, and equip such firefighters and volunteer
244	firefighters as are necessary to accomplish the duties of the
245	district. The board may employ and fix the compensation of a
246	fire chief or chief administrator, who shall reside within the
247	district. The board shall prescribe the duties of such person,
248	which shall include supervision and management of the operations
249	of the district and its employees and maintenance and operation
250	of its facilities and equipment. The fire chief or chief
251	administrator may employ or terminate the employment of such
252	other persons including, without limitation, professional,
253	supervisory, administrative, maintenance, and clerical
254	employees, as are necessary and authorized by the board. The
255	compensation and other conditions of employment of the officers
256	and employees of the district shall be provided by the board.
257	(3)  Conduct public education to promote awareness of
258	methods to prevent fires and reduce the loss of life and
259	property from fires or other public safety concerns.
260	(4)  Adopt and enforce fire safety standards and codes and
261	enforce the rules of the State Fire Marshal consistent with the
262	exercise of the duties authorized by chapter 553, Florida
263	Statutes, or chapter 633, Florida Statutes, with respect to fire
264	suppression, prevention, and firesafety code enforcement.
265	(5)  Conduct arson investigations and cause-and-origin
266	investigations.
267	(6)  Adopt hazardous material safety plans and emergency
268	response plans in coordination with the county emergency
269	management agency as provided for in chapter 252, Florida
270	Statutes.
271	(7)  Contract with general purpose local government for
272	emergency management planning and services.
273	Section 7.  Taxes, non-ad valorem assessments; impact fees;
274	and user charges.--
275	(1)  The district shall have the right, power, and
276	authority to levy non-ad valorem assessments as defined in
277	section 197.3632, Florida Statutes, to construct, operate, and
278	maintain district facilities and services. The rate of such
279	assessments must be fixed by resolution of the board pursuant to
280	the procedures contained in section 191.011, Florida Statutes.
281	Non-ad valorem assessment rates set by the board may exceed the
282	maximum rates established by special act, the previous year's
283	resolution, or referendum in an amount not to exceed the average
284	annual growth rate in Florida personal income over the previous
285	5 years. Non-ad valorem assessment rate increases within the
286	personal income threshold are deemed to be within the maximum
287	rate authorized by law at the time of initial imposition.
288	Proposed non-ad valorem assessment increases which exceed the
289	rate set the previous fiscal year or the rate previously set by
290	special act by more than the average annual growth rate in
291	Florida personal income over the last 5 years must be approved
292	by referendum of the electors of the district. Non-ad valorem
293	assessments shall be imposed, collected, and enforced pursuant
294	to section 191.011, Florida Statutes.
295	(2)  The district shall provide to the county property
296	appraiser a notice of fire tax rates as adopted by resolution
297	not later than June 1 of each year. The county property
298	appraiser shall then furnish to the commissioners of the
299	district a tax roll covering all taxable properties with the tax
300	rate levy placed on each parcel of property by July 1, which tax
301	roll is consistent with and as set forth by section 193.1142,
302	Florida Statutes. Not later than 21 days after receipt of the
303	tax roll from the county property appraiser, the district shall
304	return the tax roll, having first checked and noted any
305	corrections or adjustments to the fire tax levy against each
306	parcel of property.
307	(3)  Prior to adopting a rate of assessment, the board of
308	commissioners of the district shall properly advertise and hold
309	a public hearing with respect to the proposed rate of
310	assessment. At such hearing, any property owner in the district
311	shall have the right to file written protest and/or testify at
312	such hearing regarding the proposed rate of assessment. After
313	due consideration of all comments or protests, the board of
314	commissioners shall adopt a resolution specifying the rate of
315	assessment on all taxable property.
316	(4)  The board of commissioners of the district shall, not
317	earlier than 30 days or later than 45 days after the mailing of
318	the notice of proposed property taxes as required by section
319	194.011(1), Florida Statutes, hold a properly advertised public
320	hearing to hear appeals from any property owner in the district
321	with respect to the method of calculation and/or the amount of
322	fire tax levied against a parcel of land. Within 20 calendar
323	days after the conclusion of the public hearing to hear appeals,
324	the board of commissioners of the district shall notify all
325	concerned parties and the county property appraiser in writing
326	of its decision. The decision shall include reasons for granting
327	or denying the appeal.
328	(5)  The county property appraiser shall then include the
329	assessments thus made by the board of commissioners of the
330	district in the Manatee County tax roll and the same shall be
331	collected in the manner and form as is provided for the
332	collection of county taxes and paid over by the county tax
333	collector to the board of commissioners.
334	(6)  Such special assessments shall be a lien upon the land
335	so assessed along with the county taxes assessed against the
336	same until said assessments have been paid, and, if the same
337	become delinquent, shall be considered a part of the county tax
338	subject to the same penalties, fees, and remedies for
339	enforcement and collection, and shall be enforced and collected
340	as provided by the laws of the state for the collection of such
341	taxes.
342	Section 6 8.  Schedule of special assessments.--The
343	assessment procedures and amounts, as set forth herein,
344	represent the manner to be followed and the maximum allowable
345	rates the district may charge but shall not exceed, except as
346	provided in section 191.009(2), Florida Statutes. For assessment
347	purposes, all property within the district shall be divided into
348	three general classifications: vacant parcels, residential
349	parcels, and commercial/industrial parcels.
350	(1)  Vacant parcels shall include all parcels which are
351	essentially undeveloped and are usually classified by the
352	property appraiser as use code types 00, 10, 40, 99, and 50
353	through 69. The maximum annual assessment for these parcels
354	shall be:
355
356	Vacant Platted Lot     $6.50 per Lot
357	Unsubdivided Acreage    $ .80 per Acre
358	Except that not more than $1,500 shall be assessed against
359	any one vacant parcel.
360
361	Whenever a residential unit is located on a parcel defined
362	herein as vacant, the residential plot shall be considered as
363	one lot or 1 acre, with the balance of the parcel being assessed
364	as vacant land in accordance with the schedule herein. Whenever
365	an agricultural or commercial building or structure is located
366	on a parcel defined herein as vacant, the building or structure
367	shall be assessed in accordance with the schedule of
368	commercial/industrial assessments.
369	(2)  Residential parcels shall include all parcels which
370	are developed for residential purposes and are usually
371	classified by the property appraiser as use code types 01
372	through 08 and 28. All residential parcels shall be assessed by
373	the number of square feet of structures located on the parcel.
374	Mobile homes shall be assessed by the number of units located on
375	the parcel. Surcharges may be assigned by the district for
376	dwellings located on the third or higher floors. The maximum
377	annual assessment for these parcels shall be:
378	(a)  Single Family Residential:  The base assessment for
379	all buildings and structures shall be $69 for the first 1,000
380	square feet on a parcel. The schedule for all square footage
381	above 1,000 square feet is $.05 per square foot.
382	(b)  Condominia Residential:  The base assessment for all
383	buildings and structures shall be $69 for the first 1,000 square
384	feet on a parcel. The schedule for all square footage above
385	1,000 square feet is $.05 per square foot.
386
	Mobile Homes (Use Code 02) $65.70 per Unit/Space
387
	Multifamily Residential (Use Codes 03 and 08),Cooperatives (Use Code 05),Retirement Homes (Use Code 06),And Miscellaneous ResidentialUses (Use Code 07) $78.90 per Unit/Space
388
	Any Other Residential Unit, Travel Trailer Parks $52.60 per Unit/Space
389
	Mobile Home Parks (Use Code 28) $53.10 per Unit/Space
390
391	(3)  Commercial/Industrial:  The base assessment for all
392	buildings and structures shall be $348.60 for the first 1,000
393	square feet on a parcel. The schedule for all square footage
394	above 1,000 square feet is as follows:
395
	Category Use Codes Sq. Ft. Assessment
396
397
	Mercantile (M) 11, 12, 13, 14, 15, 16, 29 $.09
398
	Business (B) 17, 18, 19, 22, 23, 24, 25, 26, 30, 36 $.08
399
	Assembly (A) 21, 31, 32, 33, 34, 35, 37, 38, 39, 76, 77, 79 $.08
400
	Factory/  Industrial (F) 41, 44, 45, 46, 47 $.10
401
	Storage (S) 20, 27, 28, 49 $.10
402
	Hazardous (H) 42, 43, 48 $.13
403
	Institutional (I) 70, 73, 74, 75, 78 $.08
404
405	Agricultural storage building located on parcels that are
406	bonafide commercial agriculture, as determined by the property
407	appraiser's office, shall be fire tax assessed at $.020 per
408	square foot.
409	Section 9.  User charges.--
410	(1)  The board may provide a reasonable schedule of charges
411	for special emergency services, including firefighting,
412	occurring in or to structures outside the district, motor
413	vehicles, marine vessels, aircraft, or rail cars, or as a result
414	of the operation of such motor vehicles or marine vessels, to
415	which the district is called to render such emergency service,
416	and may charge a fee for the services rendered in accordance
417	with the schedule.
418	(2)  The board may provide a reasonable schedule of charges
419	for fighting fires occurring in or at refuse dumps or as a
420	result of an illegal burn, which fire, dump, or burn is not
421	authorized by general or special law, rule, regulation, order,
422	or ordinance, and which the district is called upon to fight or
423	extinguish.
424	(3)  The board may provide a reasonable schedule of charges
425	for responding to or assisting or mitigating emergencies that
426	either threaten or could threaten the health and safety of
427	persons, property, or the environment, to which the district has
428	been called, including a charge for responding to false alarms.
429	(4)  The board may provide a reasonable schedule of charges
430	for inspecting structures, plans, and equipment to determine
431	compliance with firesafety codes and standards.
432	(5)  The district shall have a lien upon any real property,
433	motor vehicle, marine vessel, aircraft, or rail car for any
434	charge assessed under this section.
435	Section 7 10.  Impact fees.--The board shall establish a
436	schedule of impact fees in compliance with any standards set by
437	general law for new construction to pay for the cost of new
438	facilities and equipment, the need for which is in whole or in
439	part the result of new construction. The impact fees collected
440	by the district under this section shall be kept separate from
441	other revenues of the district and must be used exclusively to
442	acquire, purchase, or construct new facilities or portions
443	thereof needed to provide fire protection and emergency services
444	to new construction. As used in this section, "new facilities"
445	means land, buildings, and capital equipment, including, but not
446	limited to, fire and emergency vehicles, radiotelemetry
447	equipment, and other firefighting or rescue equipment. The board
448	shall maintain adequate records to ensure that impact fees are
449	expended only for permissible new facilities or equipment. The
450	board may enter into agreements with general purpose local
451	governments to share in the revenues from fire protection impact
452	fees imposed by such governments.
453	Section 8 11.  Borrowing power of the district.--The
454	district may issue general obligation bonds, assessment bonds,
455	revenue bonds, notes, bond anticipation notes, or other
456	evidences of indebtedness to finance all or a part of any
457	proposed improvements authorized to be undertaken under this act
458	or under general or special law, provided the total annual
459	payments for the principal and interest on such indebtedness do
460	not exceed 50 percent of the total annual budgeted revenues of
461	the district as provided in section 191.012, Florida Statutes.
462	Section 9 12.  Existence.--The district shall exist until
463	dissolved by law. Should any part of the territory covered in
464	the act be held not to be included herein, then this act shall
465	continue in effect as to the balance of said territory.
466	Section 10 13.  Definitions.--
467	(1)  "District" means the special fire control district.
468	(2)  "Board" and "board of commissioners" mean the board of
469	commissioners of the special fire control district, unless
470	otherwise specified.
471	Section 2.  This act shall take effect upon becoming a law.

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