_h0983er

CS/HB 983

A bill to be entitled

An act relating to the Cedar Hammock Fire Control District

and Whitfield Fire Control District in Manatee County;

amending chapter 2000-391, Laws of Florida; merging the

Whitfield Fire Control District into the Cedar Hammock

Fire Control District; amending the boundary of the Cedar

Hammock Fire Control District to include all lands within

the Whitfield Fire Control District; granting the Cedar

Hammock Fire Control District authority to provide fire

control and emergency medical services; granting the Cedar

Hammock Fire Control District authority to levy taxes,

assessments, and fees and administer fire rescue services

within the district's amended boundary; providing for the

terms of office of the transitional governing board of the

combined district; repealing chapters 67-914, 77-599, 84-

474, 85-449, 88-547, 91-416, 95-460, and 96-453, Laws of

Florida, relating to the Whitfield Fire Control District;

providing an effective date.

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

Section 1. Sections 1 through 11 of section 3 of chapter

2000-391, Laws of Florida, are amended, and a new section 3 is

added to that section, to read:

Section 1. Incorporation.--All of the unincorporated lands

in Manatee County, as described in this act, shall be

incorporated into an independent special fire control district.

Said special fire control district shall be a public municipal

corporation under the name of Cedar Hammock Fire Control

District. The district is organized and exists for all purposes

set forth in this act and chapters 189 and 191, Florida

Statutes. The district was created by special act in 1957 and

its charter may be amended only by special act of the

Legislature.

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

within the Cedar Hammock Fire Control District are located in

Manatee County, Florida, and are described as follows:

Begin at SE corner of Section 35, Township 34, Range

17 East, thence South to the SE corner of the center

line of Bowlees Creek, that point being located in

Section 23, Township 34, Range 17 East; Thence

Westerly along the center line of said Bowlees Creek

to the waters of Sarasota Bay;

Less and excepting all the lands within Trailer

Estates Subdivisions, as shown in Plat Book 8, Pages

138, 139,140, and 141, and in Plat Book 9, Page 61, of

the Public Records of Manatee County, Florida.

Thence meander the shore line of Sarasota Bay in a

Westerly and Northwesterly direction to point where

said shore line intersects the West line of Section

7,Township 35, Range 17 East, thence North along said

section line to intersection of said section line with

Cortez Road (State Road 684), thence continue North to

the waters of Palma Sola Bay, meander the shore of

Palma Sola Bay in an easterly, Northeasterly,

Northwesterly, and Northerly direction to point where

shore line intersects the South line of Section 31,

Township 34, Range 17 East, thence East along South

line of Section 31, 32, 33, 34, 35, Township 34, Range

17 East to Point of Beginning, less those lands

annexed by the City of Bradenton after the adoption of

Chapter 57-1546, Laws of Florida.

Together with Block B, Trailer Estates recorded in

Plat Book 8, Page 141 of the Public Records of Manatee

County, Florida.

Together with all of Section 23 South of Bowles Creek,

the West 1/2 of Section 25, Township 35 South, Range

17 East, all of Section 26 South of Bowles Creek, and

all of Sections 35 and 36, Township 35 South, Range

17 East less any and all land owned by Sarasota-

Manatee County Joint Airport Authority.

Section 3. Merger; district authority.--The Whitfield Fire

Control District, created pursuant to chapter 67-914, Laws of

Florida, as amended, is merged into the Cedar Hammock Fire

Control District. The Cedar Hammock Fire Control District is

granted the authority to provide fire control and emergency

medical services; levy and collect taxes, assessments, and fees;

and administer fire rescue programs and services within the

district's amended boundary pursuant to chapter 2000-391, Laws

of Florida, chapter 191, Florida Statutes, and applicable laws

and as approved by district electors on September 5, 2006.

Section 4.3. Governing board.--

(1) Upon the effective date of this act, the business and

affairs of the district shall be conducted and administered by a

seven-member board of fire commissioners consisting of the five

elected fire commissioners of the Cedar Hammock Fire Control

District and the elected commissioners from seats 2 and 5 of the

Whitfield Fire Control District. The term of these seven seats

shall expire upon the election of the new board of fire

commissioners on November 4, 2008, pursuant to subsection (2).

(2) Effective November 4, 2008, in accordance with chapter

191, Florida Statutes, the business and affairs of the district

shall be conducted and administered by a five-member board of

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fire commissioners elected pursuant to chapter 191, Florida

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Statutes, by the electors of the district in a nonpartisan

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election held at the time and in the manner prescribed for

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holding general elections in section 189.405(2)(a), Florida

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Statutes. Each member of the board shall be elected for a term

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of 4 years and shall serve until his or her successor assumes

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office, except that the initial term for seats 2 and 4 shall be

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2 years, with all subsequent terms being 4 years.

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(3)~~(2)~~ The office of each board member is designated as a

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seat on the board, distinguished from each of the other seats by

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a numeral: 1, 2, 3, 4, or 5. Each candidate must designate, at

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the time he or she qualifies, the seat on the board for which he

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or she is qualifying. The name of each candidate who qualifies

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shall be included on the ballot in a way that clearly indicates

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the seat for which he or she is a candidate. The candidate for

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each seat who receives the most votes shall be elected to the

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board.

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(4)~~(3)~~ In accordance with chapter 191, Florida Statutes,

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each member of the board must be a qualified elector at the time

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he or she qualifies and continually throughout his or her term.

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(5)~~(4)~~ Each elected member shall assume office 10 days

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following the member's election. Annually, within 60 days after

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the newly elected members have taken office, the board shall

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organize by electing from its members a chair, a vice chair, a

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secretary, and a treasurer. The positions of secretary and

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treasurer may be held by one member.

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(6)~~(5)~~ Members of the board may each be paid a salary or

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honorarium to be determined by at least a majority plus one vote

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of the board, pursuant to chapter 191, Florida Statutes.

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(7)~~(6)~~ If a vacancy occurs on the board due to the

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resignation, death, or removal of a board member or the failure

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of anyone to qualify for a board seat, the remaining members may

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appoint a qualified person to fill the seat until the next

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general election, at which time an election shall be held to

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fill the vacancy for the remaining term, if any.

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(8)~~(7)~~ The procedures for conducting district elections or

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referenda and for qualification of electors shall be pursuant to

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chapters 189 and 191, Florida Statutes.

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(9)~~(8)~~ The board shall have those administrative duties

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set forth in this act and chapters 189 and 191, Florida

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Statutes, as they may be amended from time to time.

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Section 5.4. Authority to levy non-ad valorem

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assessments.--Said district shall have the right, power, and

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authority to levy non-ad valorem assessments as defined in

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section 197.3632, Florida Statutes, against the taxable real

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estate lying within its territorial bounds in order to provide

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funds for the purpose of the district. The rate of such

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assessments shall be fixed annually by a resolution of the board

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of commissioners after the conduct of a public hearing. Such

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non-ad valorem assessments may be imposed, collected, and

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enforced pursuant to the provisions of sections 197.363-

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197.3635, Florida Statutes.

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Section 6.5. 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 may be charged by the district. For assessment

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purposes, all property within the district shall be divided into

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three general classifications: vacant parcels, residential

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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, 1000, 4000, 9900, and

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5000 through 6900. The maximum annual assessment for these

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parcels shall be:

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(a) Vacant platted lot (use code 0000), $6 per lot.

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(b) Unsubdivided acreage (use codes 5000 through 6900 and

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9900), $6 per acre or fraction thereof, except that not more

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than $2,000 shall be assessed against any one parcel.

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4000) shall be assessed as a platted lot or unsubdivided

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acreage, as applicable.

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Whenever a residential unit is located on a parcel defined

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herein as vacant, the residential plot shall be considered as

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one lot or one acre, with the balance of the parcel being

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assessed as vacant land in accordance with the schedule herein.

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Whenever an agricultural or commercial building or structure is

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located on a parcel defined herein as vacant, the building or

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structure shall be 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 through 0800 and

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2800. All residential parcels shall be assessed by the number

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and size of dwelling units per parcel. Surcharges may be

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assigned by the district for dwelling units located on the third

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or higher floors. The maximum annual assessment for these

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parcels shall be:

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(a) Single family residential (use code 0100) shall be

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assessed on a square footage basis for all dwelling units in

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accordance with the following. The base assessment for all

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dwellings shall be $85 for the first 1,000 square feet in the

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dwelling unit. All square footage above 1,000 square feet shall

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be charged at a rate of $0.00 per square foot.

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(b) Condominia residential (use code 0400) shall be

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assessed as follows:

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(i) Units located on the first, second, and third floors,

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$85 per dwelling unit;

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(ii) Units located on the fourth and fifth floors, $109

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per dwelling unit;

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(iii) Units located on a floor above a fifth floor, $117

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per dwelling unit.

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dwelling unit.

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(d) Multifamily residential (use codes 0300 and 0800),

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cooperatives (use code 0500), retirement homes (use code 0600),

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and miscellaneous residential uses (use code 0700) shall be

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assessed as follows:

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(i) Units located on the first, second, and third floors,

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$85 per dwelling unit;

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(ii) Units located on the fourth and fifth floors, $109

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per dwelling unit;

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(iii) Units located on a floor above a fifth floor, $117

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per dwelling unit.

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(e) Any other residential unit, including, but not limited

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to, the residential portions of mixed uses (use code 1200) and

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mobile home or travel trailer parks (use code 2800), shall be

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assessed $85 per dwelling unit or available rental space, as

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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 as defined above. 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. The

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base assessment for all buildings and structures shall be $150

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

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all square footage above 1,000 square feet is as follows. The

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district may grant an improved hazard rating to all or part of

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the buildings and structures if they are equipped with complete

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internal fire suppression facilities.