Florida Senate - 2014                              CS for SB 624
       
       
        
       By the Committee on Community Affairs; and Senator Simpson
       
       
       
       
       
       578-02455A-14                                          2014624c1
    1                        A bill to be entitled                      
    2         An act relating to fair associations; creating s.
    3         157.37, F.S.; prohibiting a county from levying a tax,
    4         special assessment, or fee for the planning,
    5         construction, operation, use, or maintenance of
    6         stormwater facilities against land owned by a fair
    7         association; amending s. 163.31801, F.S.; prohibiting
    8         a county, municipality, or special district from
    9         imposing an impact or mobility fee on a fair
   10         association; amending s. 170.01, F.S.; prohibiting a
   11         municipality from levying a special assessment for the
   12         planning, construction, operation, use, or maintenance
   13         of stormwater facilities against real property owned
   14         by a fair association; creating s. 196.1988, F.S.;
   15         exempting personal and real property of a fair
   16         association used predominantly for certain purposes
   17         from the imposition of ad valorem taxes; amending s.
   18         298.305, F.S.; prohibiting a water control district
   19         from levying special assessments for proposed works
   20         and improvements against real property owned by a fair
   21         association; amending s. 298.54, F.S.; exempting real
   22         property owned by a fair association from the
   23         imposition of a maintenance tax by a water control
   24         district; amending s. 403.0893, F.S.; exempting fair
   25         associations from the assessment or imposition of a
   26         fee by local or regional governmental entities for the
   27         planning, construction, operation, use, or maintenance
   28         of stormwater management systems; declaring an
   29         important state interest; providing an effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Section 157.37, Florida Statutes, is created to
   34  read:
   35         157.37 Prohibited tax, special assessment, or fee against a
   36  fair association for stormwater management facilities.—A county
   37  may not levy a tax, special assessment, or fee for the planning,
   38  construction, operation, use, or maintenance of stormwater
   39  management facilities against land owned by a fair association,
   40  as defined in s. 616.001.
   41         Section 2. Subsection (6) is added to section 163.31801,
   42  Florida Statutes, to read:
   43         163.31801 Impact fees; short title; intent; definitions;
   44  ordinances levying impact fees.—
   45         (6) Notwithstanding any law, ordinance, or resolution to
   46  the contrary, a county, municipality, or special district may
   47  not impose an impact fee or a mobility fee on a fair association
   48  as defined in s. 616.001.
   49         Section 3. Subsection (2) of section 170.01, Florida
   50  Statutes, is amended to read:
   51         170.01 Authority for providing improvements and levying and
   52  collecting special assessments against property benefited.—
   53         (2)(a) Special assessments may be levied only for the
   54  purposes enumerated in this section and shall be levied only on
   55  benefited real property at a rate of assessment based on the
   56  special benefit accruing to such property from such improvements
   57  if when the improvements funded by the special assessment
   58  provide a benefit which is different in type or degree from
   59  benefits provided to the community as a whole.
   60         (b) Notwithstanding paragraph (a), a special assessment for
   61  the planning, construction, operation, use, or maintenance of
   62  stormwater facilities may not be levied on real property owned
   63  by a fair association, as defined in s. 616.001, even if such
   64  real property is benefited or increases in value due to the
   65  stormwater facilities.
   66         Section 4. Section 196.1988, Florida Statutes, is created
   67  to read:
   68         196.1988 Fair association property exemption.—Personal or
   69  real property owned by a fair association, as defined in s.
   70  616.001, and used predominantly for conducting and operating a
   71  not-for-profit fair or exhibition for the benefit and
   72  development of the educational, agricultural, horticultural,
   73  livestock, charitable, historical, civic, cultural, scientific,
   74  and other resources of the state or a county, a municipality, or
   75  other political subdivision of the state is hereby defined as
   76  property within the purview of s. 3(a), Art. VII of the State
   77  Constitution and is exempt from ad valorem taxation to the
   78  extent of such use pursuant to s. 196.192(2). Any portion of
   79  such property used for nonexempt purposes may be valued and
   80  placed upon the tax rolls separately from any portion entitled
   81  to exemption under this section.
   82         Section 5. Subsection (1) of section 298.305, Florida
   83  Statutes, is amended to read:
   84         298.305 Assessing land for development; apportionment of
   85  assessment.—
   86         (1) After the engineer’s report has been approved by the
   87  board of supervisors, the proposed water control plan or plan
   88  amendment has been finally adopted, and the lists of lands with
   89  the assessed benefits have been filed in the office of the
   90  secretary of the district, then the board of supervisors shall
   91  levy a non-ad valorem assessment as approved by the board on all
   92  lands in the district to which benefits have been assessed, to
   93  pay the costs of the completion of the proposed works and
   94  improvements, as shown in the adopted plan or plan amendment and
   95  in carrying out the objectives of the district; and, in addition
   96  thereto, 10 percent of the total amount for contingencies. The
   97  assessment must be apportioned to and levied on each assessable
   98  tract of land in the district.
   99         (a) Under s. 298.54, the board of supervisors may also levy
  100  a maintenance assessment on all lands in the district to which
  101  benefits have been assessed as may be necessary to operate and
  102  maintain the district works and activities and to defray the
  103  current expenses of the district. A maintenance assessment
  104  recommendation for the operation and maintenance of the district
  105  works and activities must be included in each engineer’s report
  106  considered by the board.
  107         (b) A special assessment or the tax authorized under s.
  108  298.54 may not be levied on real property owned by a fair
  109  association, as defined in s. 616.001, for a proposed work or
  110  improvement even if such real property is benefited or increases
  111  in value due to the proposed work or improvement.
  112         Section 6. Section 298.54, Florida Statutes, is amended to
  113  read:
  114         298.54 Maintenance tax.—To maintain and preserve the
  115  ditches, drains, or other improvements made pursuant to this
  116  chapter and to repair and restore the same, when needed, and for
  117  the purpose of defraying the current expenses of the district,
  118  including any sum which may be required to pay state and county
  119  taxes on any lands which may have been purchased and which are
  120  held by the district under the provisions of this chapter, the
  121  board of supervisors may, upon the completion of such the said
  122  improvements, in whole or in part, as may be certified to the
  123  board by the chief engineer, levy annually a tax upon each tract
  124  or parcel of land within the district, to be known as a
  125  “maintenance tax.” The Said maintenance tax shall be apportioned
  126  upon the basis of the net assessments of benefits assessed as
  127  accruing from original construction, shall be evidenced to and
  128  certified by the board of supervisors by not later than June 1
  129  of each year to the property appraisers of counties in which
  130  lands of the district are situated, and shall be extended by the
  131  county property appraisers on the county tax rolls and collected
  132  by the tax collectors in the same manner and time as county
  133  taxes, and the proceeds therefrom shall be paid to the said
  134  district. The Said tax shall be a lien until paid on the
  135  property against which assessed and enforceable in like manner
  136  as county taxes. Real property owned by a fair association, as
  137  defined in s. 616.001, is exempt from the maintenance tax
  138  authorized by this section.
  139         Section 7. Section 403.0893, Florida Statutes, is amended
  140  to read:
  141         403.0893 Stormwater funding; dedicated funds for stormwater
  142  management.—
  143         (1) In addition to any other funding mechanism legally
  144  available to local government to construct, operate, or maintain
  145  stormwater systems, a county or municipality may:
  146         (a)(1) Create one or more stormwater utilities and adopt
  147  stormwater utility fees sufficient to plan, construct, operate,
  148  and maintain stormwater management systems set out in the local
  149  program required pursuant to s. 403.0891(3);
  150         (b)(2) Establish and set aside, as a continuing source of
  151  revenue, other funds sufficient to plan, construct, operate, and
  152  maintain stormwater management systems set out in the local
  153  program required pursuant to s. 403.0891(3); or
  154         (c)(3) Create, alone or in cooperation with counties,
  155  municipalities, and special districts pursuant to the Interlocal
  156  Cooperation Act, s. 163.01, one or more stormwater management
  157  system benefit areas. All property owners within such said area
  158  may be assessed a per acreage fee to fund the planning,
  159  construction, operation, maintenance, and administration of a
  160  public stormwater management system for the benefited area. Any
  161  benefit area containing different land uses which receive
  162  substantially different levels of stormwater benefits shall
  163  include stormwater management system benefit subareas, which
  164  shall be assessed different per acreage fees from subarea to
  165  subarea based upon a reasonable relationship to benefits
  166  received. The fees shall be calculated to generate sufficient
  167  funds to plan, construct, operate, and maintain stormwater
  168  management systems called for in the local program required
  169  pursuant to s. 403.0891(3). For fees assessed pursuant to this
  170  section, counties or municipalities may use the non-ad valorem
  171  levy, collection, and enforcement method as provided for in
  172  chapter 197.
  173         (2) A fair association, as defined in s. 616.001, is exempt
  174  from the imposition or assessment of any fee authorized by this
  175  section to plan, construct, operate, use, or maintain a
  176  stormwater management system.
  177         Section 8. The Legislature finds that a proper and
  178  legitimate state purpose is served when a not-for-profit
  179  association conducting and operating a not-for-profit fair or
  180  exhibition for the benefit and development of the educational,
  181  agricultural, horticultural, livestock, charitable, historical,
  182  civic, cultural, scientific, and other resources of the state or
  183  a county, a municipality, or any other political subdivision of
  184  the state is exempt from the imposition of taxes and fees that
  185  could render such association unable to provide these important
  186  cultural and economic services to the residents of the many
  187  communities in this state. Therefore, the Legislature hereby
  188  determines and declares that this act fulfills an important
  189  state interest.
  190         Section 9. This act shall take effect July 1, 2014.