Florida Senate - 2017 SB 932 By Senator Thurston 33-01124-17 2017932__ 1 A bill to be entitled 2 An act relating to a special assessment for law 3 enforcement services; creating s. 166.225, F.S.; 4 authorizing a municipality to levy a special 5 assessment to fund the costs of providing law 6 enforcement services under certain circumstances; 7 providing a methodology for apportionment of the 8 special assessment; providing a limitation on the 9 amount of assessment per residential unit; providing a 10 maximum rate for assessment increases; requiring the 11 municipality to reduce its ad valorem millage to levy 12 the special assessment; requiring the property 13 appraiser to list the special assessment on the notice 14 of proposed property taxes; specifying exceptions to 15 the reduction of the ad valorem millage by more than a 16 certain percentage; authorizing the Department of 17 Revenue to adopt rules and forms; providing for 18 construction; providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Section 166.225, Florida Statutes, is created to 23 read: 24 166.225 Law enforcement services special assessment.— 25 (1) GENERAL.—The governing body of a municipality may levy 26 a law enforcement services special assessment on all real 27 property within the municipality to fund all or a portion of its 28 costs of providing law enforcement services if the governing 29 body: 30 (a) Adopts an ordinance authorizing the levy and collection 31 of the law enforcement services special assessment. 32 (b) Adopts an annual resolution using the uniform method 33 for the levy and collection of non-ad valorem special 34 assessments pursuant to s. 197.3632. The annual resolution shall 35 apportion the cost of law enforcement services among the parcels 36 of real property in the municipality in reasonable proportion to 37 the benefit each parcel derives pursuant to subsections (2) and 38 (3). 39 (c) Reduces its ad valorem millage pursuant to subsection 40 (4). 41 (2) APPORTIONMENT METHODOLOGY.—The methodology used to 42 determine the benefit that a parcel of real property derives 43 from law enforcement services may be based on the following: 44 (a) The square footage of structures on the parcel. 45 (b) The location of the parcel. 46 (c) The use of the parcel. 47 (d) The projected amount of time that the municipal law 48 enforcement agency will spend serving and protecting the parcel, 49 with assessed parcels grouped by neighborhood, zone, or category 50 of use. Projections may include the amount of time that will be 51 spent responding to calls for law enforcement services and the 52 amount of time that law enforcement officers will spend 53 patrolling or regulating traffic on the streets that provide 54 access to the parcel. 55 (e) 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) LIMITATION ON RESIDENTIAL PROPERTIES.—In the first year 59 that the special assessment is levied, the levy on residential 60 properties may not exceed $200 per residential unit. The maximum 61 rate may be adjusted by the municipality in subsequent years by 62 a percentage no greater than the percentage increase in the cost 63 of the law enforcement services. For purposes of this 64 subsection, “residential properties” means properties that are 65 classified by the applicable property appraiser with a land use 66 code of “residential.” 67 (4) REDUCTION IN AD VALOREM MILLAGE.— 68 (a) In the first year that the special assessment is 69 levied, the governing body of the municipality must balance its 70 budget, including the law enforcement services, then reduce the 71 budget by an amount equal to the revenue that the governing body 72 expects to collect from the special assessment. Thereafter, the 73 municipality must recalculate its millage to correspond with the 74 budget adjusted as provided in this paragraph. 75 (b) When preparing the notice of proposed property taxes 76 pursuant to s. 200.069 in the first year of the assessment, the 77 governing body of the municipality shall calculate the rolled 78 back millage rate pursuant to s. 200.065(5) and shall determine 79 the preliminary proposed millage rate as if there were no law 80 enforcement services special assessment. The governing body 81 shall then adopt the proposed law enforcement services special 82 assessment and determine the equivalent millage rate pursuant to 83 paragraph (a). The preliminary proposed millage rate must then 84 be reduced by the amount of the law enforcement services special 85 assessment equivalent millage rate and the resulting millage 86 rate reported to the property appraiser, together with the 87 amount of the law enforcement services special assessment, 88 pursuant to the notice requirements of ss. 200.065 and 200.069. 89 The property appraiser shall list the law enforcement services 90 special assessment on the notice of proposed property taxes 91 below the line in the columns reserved for non-ad valorem 92 assessments. After the first year of the assessment, the millage 93 rate and rolled-back rate for the notice of proposed property 94 taxes must be calculated pursuant to s. 200.065(5) and be based 95 on the adopted millage rate from the previous year. 96 (c) Notwithstanding paragraph (a), the governing body of a 97 municipality is not required to reduce its millage, excluding 98 millage approved by a vote of the electors and millage pledged 99 to repay bonds, by more than 75 percent, or by more than 50 100 percent if the annual resolution levying the law enforcement 101 services special assessment is approved by a two-thirds vote of 102 the governing body of the municipality. 103 (5) RULES AND FORMS.—The Department of Revenue may adopt 104 rules and forms necessary to administer this section. 105 (6) CONSTRUCTION.—The levy of a law enforcement services 106 special assessment pursuant to this section shall be construed 107 as being authorized by general law in accordance with ss. 1 and 108 9, Art. VII of the State Constitution. 109 Section 2. This act shall take effect July 1, 2017.