Florida Senate - 2011                            (NP)    SB 1980
       
       
       
       By Senator Latvala
       
       
       
       
       16-00244B-11                                          20111980__
    1                        A bill to be entitled                      
    2         An act relating to the Lealman Special Fire Control
    3         District, Pinellas County; amending chapter 2000-426,
    4         Laws of Florida, as amended; reducing the maximum ad
    5         valorem millage rate that may be levied by the
    6         district; providing requirements for the annexation of
    7         the unincorporated territory of the district by a
    8         municipality; requiring the approval of an annexation
    9         by a referendum of the electors within the district;
   10         providing for future expiration of the requirements
   11         for annexation; providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Sections 8, 11, and 15 of section 1 of chapter
   16  2000-426, Laws of Florida, as amended by chapters 2002-352 and
   17  2007-288, Laws of Florida, are amended to read:
   18         Section 8. Taxes; non-ad valorem assessments; impact fees;
   19  user charges; bond issuance.—
   20         (1) The District shall also hold all powers, functions, and
   21  duties set forth in this Act and chapters 189, 191, and 197,
   22  Florida Statutes, as amended from time to time, including, but
   23  not limited to, ad valorem taxation, bond issuance, other
   24  revenue-raising capabilities, budget preparation and approval,
   25  liens and foreclosure of liens, use of tax deeds and tax
   26  certificates as appropriate for non-ad valorem assessments, and
   27  contractual agreements; however, an ad valorem tax levied by the
   28  Board for operating purposes, exclusive of debt service on
   29  bonds, may not exceed 5.5 10 mills if approved by a majority
   30  vote of qualified electors of the district voting in a
   31  referendum election providing for such millage rate. The
   32  District may be financed by any method established in this Act,
   33  chapter 189, or chapter 191, Florida Statutes, as amended from
   34  time to time.
   35         (2) The methods for assessing and collecting non-ad valorem
   36  assessments, fees, or service charges shall be as set forth in
   37  chapter 170, chapter 189, chapter 191, or chapter 197, Florida
   38  Statutes, as amended from time to time.
   39         Section 11. Annexation of territories by municipalities.—
   40         (1) For the purposes and requirements of this act, after
   41  the annexation by a municipality of any unincorporated area
   42  within the Lealman Special Fire Control District, the annexed
   43  area shall be treated as lying within the corporate boundaries
   44  of the annexing municipality and shall not be subject to a levy
   45  of the ad valorem tax that is authorized by this act.
   46         (2) Notwithstanding any other provision of law, a
   47  municipality may not annex any unincorporated territory situated
   48  within the Lealman Special Fire Control District, except an area
   49  defined as an “enclave” pursuant to s. 171.031(13), Florida
   50  Statutes, unless the annexation is of all of the territory of
   51  the district and the annexation is approved by a majority vote
   52  of the electors of the district voting in a referendum called
   53  for that purpose. This subsection expires May 1, 2016.
   54         Section 15. Referendum.—
   55         (1) The provisions of section 8 which authorize the levy of
   56  ad valorem taxation shall take effect only upon express approval
   57  by a majority vote of those qualified electors of the district,
   58  as required by Section 9, Article VII, of the State
   59  Constitution, voting in a referendum to be held in conjunction
   60  with the next general election. Such election shall be held in
   61  accordance with the provisions of law relating to elections
   62  currently in force in the district.
   63         (2) This act does not require a referendum to approve the
   64  levy of an ad valorem tax at a millage rate less than a millage
   65  rate previously approved by referendum pursuant to this act.
   66         Section 2. This act shall take effect upon becoming a law.