HB 0725

1
A bill to be entitled
2An act relating to the Cedar Hammock Fire Control
3District, Manatee County; amending chapter 2000-391, Laws
4of Florida; conforming the district charter to chapter
5191, Florida Statutes, relating to impact fees; providing
6an effective date.
7
8Be It Enacted by the Legislature of the State of Florida:
9
10     Section 1.  Section 6 of section 3 of chapter 2000-391,
11Laws of Florida, is amended to read:
12     Section 6.  Impact fees.--
13     (1)(a)  It is hereby found and determined that the district
14is located in one of the fastest growing areas of Manatee County
15which is itself experiencing one of the highest growth rates in
16the nation. New construction and resulting population growth
17have placed a strain upon the capabilities of the district to
18continue providing the high level of professional fire
19protection and emergency service for which the residents of the
20district pay and which they deserve.
21     (b)  It is hereby declared that the cost of new facilities
22upon fire protection and emergency service should be borne by
23new users of the district's services to the extent new
24construction requires new facilities, but only to that extent.
25It is the legislative intent of this section to transfer to the
26new users of the district's fire protection and emergency
27services a fair share of the costs that new users impose on the
28district for new facilities.
29     (c)  It is hereby declared that the amounts of the impact
30fees provided for in this section are just, reasonable, and
31equitable.
32     (d)  On August 31, 2004, the district's electors approved a
33referendum authorizing the district to increase impact fees on
34new construction.
35     (2)  No person shall issue or obtain a building permit for
36new residential dwelling units or new commercial or industrial
37structures within the district, or issue or obtain construction
38plan approval for new recreational or travel trailer park
39developments located within the district, until the developer
40thereof shall have paid the applicable impact fee to the
41district according to a schedule established by the board in
42accordance with chapter 191, Florida Statutes, as amended from
43time to time as follows: each new residential dwelling unit,
44$100 per unit; new commercial or industrial structures, $200 for
45the first 5,000 square feet of gross floor area and $0.05 per
46square foot thereafter; new recreational or travel trailer park
47developments, $25 per lot or permitted space.
48     (3)  The impact fees collected by the district pursuant to
49this section shall be kept as a separate fund from other
50revenues of the district and shall be used exclusively for the
51acquisition, purchase, or construction of new facilities or
52portions thereof required to provide fire protection and
53emergency service to new construction. "New facilities" means
54land, buildings, and capital equipment, including, but not
55limited to, fire and emergency vehicles and radiotelemetry
56equipment. The fees shall not be used for the acquisition,
57purchase, or construction of facilities which must be obtained
58in any event, regardless of growth within the district. The
59board of fire commissioners shall maintain adequate records to
60ensure that impact fees are expended only for permissible new
61facilities.
62     Section 2.  This act shall take effect upon becoming a law.


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