Florida Senate - 2014 SB 884 By Senator Smith 31-01021-14 2014884__ 1 A bill to be entitled 2 An act relating to a special assessment for law 3 enforcement services; creating s. 166.212, F.S.; 4 authorizing municipalities to levy a special 5 assessment to fund the costs of providing law 6 enforcement services; requiring a municipality to 7 adopt an ordinance and reduce its ad valorem millage 8 to levy the special assessment; providing a 9 methodology for the apportionment of the special 10 assessment and the reduction of the ad valorem 11 millage; requiring the property appraiser to list the 12 special assessment on the notice of property taxes; 13 specifying exceptions to the reduction of the ad 14 valorem millage by more than a certain percentage; 15 authorizing the Department of Revenue to adopt rules 16 and forms; providing for construction; providing an 17 effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Section 166.212, Florida Statutes, is created to 22 read: 23 166.212 Law enforcement services special assessment.- 24 (1) GENERAL.—The governing body of a municipality may levy 25 a law enforcement services special assessment to fund all or a 26 portion of its costs of providing law enforcement services, if 27 the governing body: 28 (a) Adopts an ordinance levying the law enforcement 29 services special assessment, which apportions the cost of law 30 enforcement services among the parcels of real property in the 31 municipality in reasonable proportion to the benefit received by 32 each parcel; and 33 (b) Reduces its ad valorem millage pursuant to subsection 34 (3). 35 (2) APPORTIONMENT METHODOLOGY.—The methodology used to 36 determine the benefit that a parcel of real property derives 37 from law enforcement services may be based on the following: 38 (a) The square footage of structures on the parcel. 39 (b) The location of the parcel. 40 (c) The use of the parcel. 41 (d) The projected amount of time that the municipal law 42 enforcement agency will spend serving and protecting the parcel, 43 grouped by neighborhood, zone, or category of use, which may 44 include the projected amount of time that will be spent 45 responding to calls for law enforcement services and the 46 projected amount of time that law enforcement officers will 47 spend patrolling or regulating traffic on the streets that 48 provide access to the parcel. 49 (e) The value of the real property that is served or 50 protected, including the value of each structure on the parcel 51 and the structure’s contents. However, this factor may not be 52 used as the sole factor or as a major factor in determining the 53 benefit of law enforcement services to a parcel of real 54 property. 55 (f) Any other factor that may reasonably be used to 56 determine the benefit of law enforcement services to a parcel of 57 real property. 58 (3) REDUCTION IN AD VALOREM MILLAGE.— 59 (a) In the first year that the special assessment is 60 levied, the governing body of the municipality must reduce its 61 ad valorem millage, calculated as if there were no law 62 enforcement services assessment, by the millage that would be 63 required to collect revenue equal to the revenue that is 64 forecast to be collected from the special assessment. 65 (b) When preparing the notice of proposed property taxes 66 pursuant to s. 200.069 in the first year of the assessment, the 67 governing body of the municipality shall calculate the rolled 68 back millage rate pursuant to s. 200.065(5) and shall determine 69 the preliminary proposed millage rate as if there were no law 70 enforcement services assessment. The governing body shall then 71 adopt the proposed law enforcement services assessment and 72 determine the equivalent millage rate pursuant to paragraph (a). 73 The preliminary proposed millage rate shall then be reduced by 74 the amount of the law enforcement services assessment equivalent 75 millage rate and the resulting millage rate shall then be 76 reported to the property appraiser, together with the amount of 77 the law enforcement services assessment, pursuant to the notice 78 requirements of ss. 200.065 and 200.069. The property appraiser 79 shall list the law enforcement services assessment on the notice 80 of proposed property taxes below the line in the columns 81 reserved for non-ad valorem assessments. After the first year of 82 the assessment, the millage rate and rolled-back rate for the 83 notice of proposed property taxes shall be calculated pursuant 84 to s. 200.065(5) and shall be based on the adopted millage rate 85 from the previous year. 86 (c) Notwithstanding paragraph (a), the governing body of a 87 municipality is not required to reduce its millage, excluding 88 millage approved by a vote of the electors and millage pledged 89 to repay bonds, by more than 75 percent, or by more than 50 90 percent if the ordinance levying the law enforcement services 91 assessment is approved by a two-thirds vote of the governing 92 body of the municipality. 93 (4) RULES AND FORMS.-The Department of Revenue may adopt 94 rules and forms necessary to administer this section. 95 (5) CONSTRUCTION.—The levy of a law enforcement services 96 special assessment pursuant to this section shall be construed 97 as being authorized by general law in accordance with ss. 1 and 98 9, Art. VII of the State Constitution. 99 Section 2. This act shall take effect July 1, 2014.