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.