_h0845_

HB 845

A bill to be entitled

An act relating to the North River Fire District, Manatee

County; codifying, amending, and reenacting special acts

relating to the district; providing boundaries; providing

for a board of fire commissioners; providing for

elections; providing for filling of vacancies; providing

authority to levy non-ad valorem assessments; providing

for liens; providing for public hearings; providing for

deposit of funds; providing for use of funds; providing

borrowing power of the district; providing authority and

power to acquire certain property; providing duties of the

board of fire commissioners; providing authority to employ

qualified personnel; providing for financial reporting;

providing for existence of the district; providing

definitions; providing for impact fees; providing a

schedule of non-ad valorem assessments; providing

severability; providing for liberal construction;

repealing chapters 89-502, 91-406, and 96-452, Laws of

Florida, relating to the district; providing an effective

date.

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

Section 1. (1) The reenactment of existing law in this

act shall not be construed as a grant of additional authority to

nor to supersede the authority of any entity pursuant to law.

Exceptions to law contained in any special act that are

reenacted pursuant to this act shall continue to apply.

(2) The reenactment of existing law in this act shall not

be construed to modify, amend, or alter any covenants,

contracts, or other obligations of the district with respect to

bonded indebtedness. Nothing pertaining to the reenactment of

existing law in this act shall be construed to affect the

ability of the district to levy and collect taxes, assessments,

fees, or charges for the purpose of redeeming or servicing

bonded indebtedness of the district.

Section 2. Chapters 89-502, 91-406, and 96-452, Laws of

Florida, are codified, amended, reenacted, and repealed as

herein provided.

Section 3. The North River Fire District is re-created,

and the charter is re-created and reenacted to read:

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

all of the unincorporated lands in Manatee County, as described

in this act, and the City of Palmetto, shall become and be

incorporated into an independent special fire district. Said

special fire district shall become and be a public municipal

corporation, having the powers and duties herein set forth under

the name of North River Fire District.

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

within the North River Fire District are located in Manatee

County and are described as follows:

All of Sections 1, 12, 13, 14, 21, 22, 23, 24, 25, 26,

27, 28, 32, 33, 34, 35 and 36, all in Township 33

South, Range 17 East; all of Sections 1, 2, 3, 4, 5,

6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,

20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32,

33, 34, 35 and 36, all in Township 33 South, Range 18

East; all of Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,

11, 12, 13, 14, 15, 16 and 17, and that part of

Sections 18, 22, 23 and 24 North of North bulkhead

line of the Manatee River, all in Township 34 South,

Range 17 East; all of Sections 1, 2, 3, 4, 5, 6, 7, 8,

9, 10, 11, 12, 17, 18, and 19, and that part of

Section 16 lying North of North bulkhead line of the

Manatee River, all in Township 34 South, Range 18

East. Further including the full right of way of all

abutting roads. Also, all islands and submerged lands

within the limits of the established bulkhead line

abutting the specified Sections, more particularly

described as follows:

Begin at the intersection of the established or to be

established bulkhead line along the North bank of the

Manatee River with the West boundary of Section 7,

Township 34 South, Range 17 East; thence Easterly

along the established or to be established bulkhead

line of the Manatee River to the East boundary of

Section 12, Township 34 South, Range 18 East; thence

Northerly along the East boundary of Township 34

South, Range 18 East to the Manatee County

Hillsborough County boundary line; thence Westerly

along the Manatee County Hillsborough County boundary

line to the established or to be established bulkhead

line of the East shore of Tampa Bay; thence Southerly

and Westerly along the established or to be

established bulkhead line of Tampa Bay and Terra Ceia

Bay to the established or to be established bulkhead

line on the North bank of the Manatee River to the

West boundary of Section 7, Township 34 South, Range

17 East and the Point of Beginning.

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

affairs of the district shall be conducted and administered by a

board of seven commissioners, who shall be elected as provided

for in section 4. Upon their election annually in January, the

commissioners shall organize by electing from their number a

chair and a vice chair. The commissioners shall appoint or

employ a qualified person or persons for the positions of

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secretary or treasurer or the position of secretary/treasurer.

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The positions of secretary, treasurer, or secretary/treasurer

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may be held by one commissioner or the commission may, in lieu

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of electing a secretary and/or treasurer from its number, employ

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a qualified person or persons who are not commissioners to

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perform the duties of secretary, treasurer, or

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secretary/treasurer and may compensate such person or persons

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from funds of the district for the services rendered. If the

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commissioners do employ such qualified person or persons to

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perform the duties of secretary, treasurer, or

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secretary/treasurer, said performance shall be subject to the

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supervision of the board of fire commissioners. The

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commissioners may each be paid a salary or honorarium, to be

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determined by the board, that shall not exceed $500 per month

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and may not be otherwise employed by the district on either a

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full-time or part-time basis and receive compensation for such

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employment, except as specifically provided for herein. The

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board of fire commissioners is authorized to pay the

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commissioner or commissioners who are elected secretary,

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treasurer, or secretary/treasurer a reasonable sum for their

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services as such. Each commissioner shall, before he or she

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

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

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

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

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conditioned to faithfully perform the duties of the office of

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commissioner. All premiums for such surety on all such bonds

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

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commissioners shall have the authority and power to make and

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enter into contracts with firms, individuals, and municipal

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corporations relating to any and all of the purposes of the

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district.

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Section 4. Election of commissioners.--

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(1) The board of fire commissioners of the district shall

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consist of seven members who shall serve for 4-year terms and

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shall be elected in a nonpartisan election as hereinafter set

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forth. The seven-member board of fire commissioners shall

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consist of one member elected by the entire fire district to

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represent each of five fire commissioner districts of the North

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River Fire District, plus two commissioners elected by the

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entire fire district to hold seats at large. The boundaries of

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the fire commissioner districts shall be established by the

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board and shall be numerically designated as fire commissioner

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districts 1, 2, 3, 4, and 5. The fire commissioner seats on the

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board shall be identified as seats 1, 2, 3, 4, and 5,

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corresponding to the numerical designation of each fire

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commissioner district, respectively, and the at-large seats

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shall be identified as seats 6 and 7. In addition to

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requirements of candidates for election under general law, in

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order to qualify for such election or for maintaining such a

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position, a candidate or elected commissioner shall reside

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within his or her respective district.

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(2) Four members of the board of fire commissioners

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(district seats 2, 4, and 5 and at-large seat 6) shall be

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elected at the general election during each United States

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presidential election year. The remaining three members of the

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board (district seats 1 and 3 and at-large seat 7) shall be

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elected at the general election during each Florida

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gubernatorial election year.

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(3) Each elected commissioner shall hold office until his

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or her successor is elected and qualified, or until such

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commissioner ceases to qualify as a commissioner or is removed

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from office.

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

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Thursday following the election.

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

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members may appoint a qualified person to fill the seat until

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

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the date the vacancy occurs, at which time an election shall be

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held to fill the vacancy.

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

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(1) The district shall have the right, power, and

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authority to levy non-ad valorem assessments against the taxable

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real estate lying within its territorial bounds, as well as to

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assess an additional charge for hazardous or emergency

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conditions, in order to provide funds for the purpose of the

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district. The rate of such assessments shall be fixed by a

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resolution of the board of fire commissioners but shall in no

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event exceed the amounts set forth in section 15.

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(2) The board of fire commissioners is authorized to

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provide a reasonable schedule of charges for emergency services,

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

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

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

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of such motor vehicles, marine vessels including live-aboards,

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aircraft, or rail cars including engines to which the North

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River Fire District is called to render such emergency service,

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

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said schedule. The North River Fire District shall have a lien

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upon said motor vehicles, marine vessels including live-aboards,

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aircraft, or rail cars including engines for the charges so

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assessed. The board of fire commissioners is authorized to enter

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into contracts for firefighting duties that provide a reasonable

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remuneration to the district for such firefighting activities.

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(3) The board of fire commissioners is authorized to

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provide a reasonable schedule of charges for the fighting of

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fires occurring in or at refuse dumps or as a result of an

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illegal burn, which fire, dump, or burn is not authorized by

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general or special law of the state, rule, regulation, order, or

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ordinance, to which the district is called to fight or

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extinguish. The fee charged in accordance with said schedule

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shall constitute a lien upon the real property where said fire

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or burn is located.

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(4) The district shall provide to the county property

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appraiser a notice of fire assessment rates as adopted by

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resolution not later than June 1 of each year. The county

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property appraiser shall then furnish to the commissioners of

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the district a tax roll covering all taxable properties with the

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assessment rate levy placed on each parcel of property by July

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1, which tax roll is consistent with and set forth by section

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193.1142, Florida Statutes. Not later than 21 days after receipt

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of the tax roll from the county property appraiser, the district

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shall return the tax roll, having first checked and noted any

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corrections or adjustments to the fire assessment levy against

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each parcel of property.

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

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subsection (4), the board of fire commissioners shall properly

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advertise and hold a public hearing with respect to the proposed

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rate of assessment. At such hearing, any property owner in the

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district shall have the right to file a written objection and

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testify at such hearing regarding the proposed rate of

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assessment. After due consideration of all comments or protests,

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the board of fire commissioners shall adopt a resolution

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specifying the rate of assessment on all taxable property.

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(6) The board of fire commissioners shall, not earlier

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than 30 days nor later than 45 days after the mailing of the

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notice of proposed property taxes as required by section

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

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hearing to hear appeals from any property owner in the district

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with respect to the method of calculation or the amounts of fire

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assessment levied against a parcel of land. Within 20 calendar

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days after the conclusion of the public hearing to hear appeals,

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the board of fire commissioners shall notify all concerned

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parties and the county property appraiser in writing of its

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decision. The decision shall include reasons for granting or

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denying the appeal.

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(7) The county property appraiser shall then include the

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assessments thus made by the board of fire commissioners of the

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

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collected in the manner and form as is provided for the

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collection of county taxes and paid over by the county tax

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collector to the board of fire commissioners.

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

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the land so assessed along with the county taxes assessed

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

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the same become delinquent, shall be considered a part of the

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county tax subject to the same penalties, fees, and remedies for

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enforcement and collections and shall be enforced and collected

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as provided by the laws of the state for the collection of such

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taxes.

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

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

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of the district in a financial institution designated under the

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provisions of chapter 280, Florida Statutes, as a qualified

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public depository. The approved financial institution shall be

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designated by a resolution of the board of fire commissioners.

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No funds of the district shall be paid out or disbursed except

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by check.

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Section 7. Use of funds.--Funds of the district shall not

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be used for any purpose other than for the administration of the

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affairs and business of the district; the acquisition,

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

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for fire stations; fire station and firefighting and rescue

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equipment; the employment of qualified personnel as provided for

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herein and payment of the essential personnel benefits such as

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

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retirement programs and other associated costs designed to

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further the purpose of the district; and legal expenses incurred

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for the operation, enforcement, and furtherance of the

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district's affairs and business.

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

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commissioners shall have the power and authority to borrow money

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for the purpose of the district and to mortgage the real and

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personal property of the district or to pledge future

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assessments and liens as security for such loans. The limits of

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such authority shall be that the amount borrowed shall not

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exceed three times the total assessments in the fiscal year the

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loan is contracted; however, the district commissioners shall

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not create any indebtedness or incur obligations for any amount

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that it is unable to pay out of the district's funds. Neither

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the district commissioners as a body nor any one of them as an

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individual shall be personally or individually liable for the

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repayment of such loan or loans. In addition, the board of fire

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commissioners shall have the power and authority to make

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purchases of equipment on an installment basis as necessary, if

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funds are available for the payment of the current year's

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installment on such equipment plus the amount due in that year

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on any other installment or other indebtedness.

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Section 9. Authority and power to acquire.--The North

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River Fire District shall have all of the corporate powers of a

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Florida municipal corporation as provided by general law,

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including, but not limited to, the right to sue and to be sued;

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to lease, own, possess, and convey real and personal property

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necessary to carry out the purpose of this act; and to acquire

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such property by grant, gift, purchase, devise, or eminent

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domain or any means whatsoever.

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Section 10. Duties of officers and authority of

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

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

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

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meetings of said board of fire commissioners, and, in such

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meetings, concurrence of a majority of said commissioners at the

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meeting consisting of a quorum shall be necessary for any

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affirmative actions by said board. The board of fire

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commissioners of said district shall have the authority to adopt

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ordinances and rules and regulations for fire safety and

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protection, including, but not limited to, those standards set

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out in section 633.025, Florida Statutes.

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

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board of fire commissioners shall have the authority to employ

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personnel as required to carry out the purpose of the district.

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Such personnel may, in addition to others, include a fire chief,

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who shall reside in the district, one or more firefighters or

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inspectors, and administrative or maintenance personnel as the

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board of fire commissioners deems necessary to carry out the

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purpose of the district and shall have authority to provide all

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things necessary for the prevention, extinguishment, and control

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of fires in the district.

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

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commissioners shall comply with all appropriate reporting

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requirements for units of local government, including, but not

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limited to, sections 11.45, 189.416, 189.417, 189.418, 218.32,

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and 218.38, Florida Statutes. These requirements as referenced

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

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of the district's estimated budget for the fiscal year beginning

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

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fiscal year ending each September 30 within the timeframes

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identified, and other reporting requirements specified.

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Section 13. Existence.--The North River Fire District

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shall exist until dissolved by law.

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

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North River Fire District, and the terms "board" and "board of

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fire commissioners" mean the Board of Fire Commissioners of the

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North River Fire District, unless otherwise specified.

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

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assessment procedures and amounts, as set forth herein,

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represent the manner to be followed and the maximum allowable

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rates that shall be charged by the district, if needed. For

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assessment purposes, all property within the district shall be

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divided into three general classifications: vacant parcels,

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residential parcels, and commercial/industrial parcels.

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(1) Vacant parcels shall include all parcels that are

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essentially undeveloped and are usually classified by the

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

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"4000," "9800," "9900," and "5000" through "7000." The maximum

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annual assessment for these parcels shall be:

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(a) Vacant residential lots (Use Code 0000): $8.90 per

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lot.

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(b) Vacant condominium lots (Use Code 0004): $8.90 per

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lot.

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9800, 9900, and 9901): $4.85 per acre or fraction thereof,

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except that not more than $890 shall be assessed against any one

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parcel.

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(d) Vacant commercial and industrial parcels (Use Codes

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1000 and 4000): assessed as a platted lot or unsubdivided

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acreage as applicable. Whenever a residential unit is located on

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a parcel classified as vacant, the residential plot shall be

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

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being assessed as vacant land in accordance with the schedule of

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commercial/industrial assessments. Whenever an agricultural or

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commercial building or structure is located on a parcel

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classified as vacant, the building or structure shall be

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assessed in accordance with the schedule of

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commercial/industrial assessments.

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(2) Residential parcels shall include all parcels that are

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developed for residential purposes and are usually classified by

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

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

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

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

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

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for these parcels shall be:

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(a) Use Codes "0100" and "0104" shall be $98.00 per

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single-family residence. If said residence is located on a

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parcel of land not in excess of one lot or one acre, no

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additional assessment shall be made for the land on which said

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

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located exceeds one lot or one acre, an additional assessment

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may be made in accordance with subsection (1).

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

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multifamily residences, shall be $98 per unit. If said residence

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is located on a parcel of land not in excess of one lot or one

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acre, no additional assessment shall be made for the land on

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

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residence is located exceeds one lot or one acre, an additional

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assessment may be made in accordance with subsection (1).

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residential, shall be $98 per dwelling unit for any condominium

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or apartment units located on the first and second floors; $147

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per unit for any condominium or apartment units located on the

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third floor; $196 per unit for any condominium or apartment

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units located on the fourth floor; $245 per unit for any

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condominium or apartment units located on the fifth floor; and

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$294 per unit for any condominium or apartment units located on

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a floor above the fifth floor.

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

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mobile homes/condominiums and mobile home parks, residential,

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shall be $98 per dwelling unit.

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

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

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assessed $98 per dwelling unit.

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

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limited to, the residential portion of mixed uses (Use Code

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1200), shall be assessed $98 per dwelling unit.

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(g) Travel trailer parks (Use Code 2800) shall be assessed

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$49 per dwelling unit or available rental space, as applicable.

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(3) Commercial/industrial parcels shall include all other

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developed parcels that are not included in the residential

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category in subsection (2). All commercial/industrial parcels

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shall be assessed on a square footage basis for all buildings

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and structures in accordance with the following schedule and

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hazard classification. The district may or may not vary the

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assessment by hazard classifications as set forth herein, based

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on guidelines to be approved by the board of fire commissioners.

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The base assessment for all buildings and structures shall be

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$178 for the first 1,000 square feet on a parcel. The schedule

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for all square footage above 1,000 square feet is as follows;

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

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or part of the building or structures if they are equipped with

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complete internal fire suppression facilities:

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