| 1 | A bill to be entitled |
| 2 | An act relating to municipalities and special districts; |
| 3 | amending s. 170.01, F.S.; authorizing municipalities to |
| 4 | specify a voting methodology for levying and collecting |
| 5 | special assessments; amending s. 189.403, F.S.; expanding |
| 6 | purposes for which a special district may be treated as a |
| 7 | municipality; creating s. 189.4221, F.S.; authorizing |
| 8 | special districts to purchase commodities and contractual |
| 9 | services from purchasing agreements of other special |
| 10 | districts, municipalities, or counties; amending s. |
| 11 | 191.009, F.S.; replacing a requirement that non-ad valorem |
| 12 | assessments be levied by referendum with a requirement for |
| 13 | approval by supermajority vote of the district board; |
| 14 | providing severability; providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Subsection (3) of section 170.01, Florida |
| 19 | Statutes, is amended to read: |
| 20 | 170.01 Authority for providing improvements and levying |
| 21 | and collecting special assessments against property benefited.-- |
| 22 | (3) Any municipality, subject to the approval of a |
| 23 | majority of the affected property owners who actually vote in |
| 24 | the vote required by this section, may levy and collect special |
| 25 | assessments against property benefited for the purpose of |
| 26 | stabilizing and improving: |
| 27 | (a) Retail business districts, |
| 28 | (b) Wholesale business districts, or |
| 29 | (c) Nationally recognized historic districts, |
| 30 |
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| 31 | or any combination of such districts, through promotion, |
| 32 | management, marketing, and other similar services in such |
| 33 | districts of the municipality. This subsection does not |
| 34 | authorize a municipality to use bond proceeds to fund ongoing |
| 35 | operations of these districts. Any municipality may determine in |
| 36 | any resolution required by s. 170.03 to declare special |
| 37 | assessments that the vote of affected property owners shall be |
| 38 | conducted by voting by tax folio numbers of affected properties |
| 39 | or by total square footage of the affected properties. |
| 40 | Section 2. Subsection (1) of section 189.403, Florida |
| 41 | Statutes, is amended to read: |
| 42 | 189.403 Definitions.--As used in this chapter, the term: |
| 43 | (1) "Special district" means a local unit of special |
| 44 | purpose, as opposed to general-purpose, government within a |
| 45 | limited boundary, created by general law, special act, local |
| 46 | ordinance, or by rule of the Governor and Cabinet. The special |
| 47 | purpose or purposes of special districts are implemented by |
| 48 | specialized functions and related prescribed powers. For the |
| 49 | purpose of ss. s. 196.199(1) and 282.104, special districts |
| 50 | shall be treated as municipalities. The term does not include a |
| 51 | school district, a community college district, a special |
| 52 | improvement district created pursuant to s. 285.17, a municipal |
| 53 | service taxing or benefit unit as specified in s. 125.01, or a |
| 54 | board which provides electrical service and which is a political |
| 55 | subdivision of a municipality or is part of a municipality. |
| 56 | Section 3. Section 189.4221, Florida Statutes, is created |
| 57 | to read: |
| 58 | 189.4221 Purchases from purchasing agreements of special |
| 59 | districts, municipalities, or counties.--Special districts may |
| 60 | purchase commodities and contractual services from purchasing |
| 61 | agreements of other special districts, municipalities, or |
| 62 | counties procured pursuant to competitive bid, requests for |
| 63 | proposals, requests for qualifications, competitive selection, |
| 64 | or competitive negotiations, and otherwise in compliance with |
| 65 | general law. |
| 66 | Section 4. Subsection (2) of section 191.009, Florida |
| 67 | Statutes, is amended to read: |
| 68 | 191.009 Taxes; non-ad valorem assessments; impact fees and |
| 69 | user charges.-- |
| 70 | (2) NON-AD VALOREM ASSESSMENTS.--A district may levy non- |
| 71 | ad valorem assessments as defined in s. 197.3632 to construct, |
| 72 | operate, and maintain district facilities and services. The rate |
| 73 | of such assessments must be fixed by resolution of the board |
| 74 | pursuant to the procedures contained in s. 191.011. Non-ad |
| 75 | valorem assessment rates set by the board may exceed the maximum |
| 76 | rates established by special act, county ordinance, or the |
| 77 | previous year's resolution, or referendum in an amount not to |
| 78 | exceed the average annual growth rate in Florida personal income |
| 79 | over the previous 5 years. Non-ad valorem assessment rate |
| 80 | increases within the personal income threshold are deemed to be |
| 81 | within the maximum rate authorized by law at the time of initial |
| 82 | imposition. Proposed non-ad valorem assessment increases which |
| 83 | exceed the rate set the previous fiscal year or the rate |
| 84 | previously set by special act or county ordinance, whichever is |
| 85 | more recent, by more than the average annual growth rate in |
| 86 | Florida personal income over the last 5 years, or the first-time |
| 87 | levy of non-ad valorem assessments in a district, must be |
| 88 | approved by a supermajority vote of the board referendum of the |
| 89 | electors of the district. The referendum on the first-time levy |
| 90 | of an assessment shall include a notice of the future non-ad |
| 91 | valorem assessment rate increases permitted by this act without |
| 92 | a referendum. Non-ad valorem assessments shall be imposed, |
| 93 | collected, and enforced pursuant to s. 191.011. |
| 94 | Section 5. If any provision of this act is held invalid |
| 95 | such invalidity shall not affect the other provisions or |
| 96 | applications hereof that can be given effect without causing the |
| 97 | invalid provision or application and to this end provisions of |
| 98 | this act are severable. |
| 99 | Section 6. This act shall take effect July 1, 2008. |