_h0845er

CS/HB 845

A bill to be entitled

An act relating to the North River Fire District, Manatee

County; codifying, amending, and reenacting special acts

relating to the district; providing boundaries; providing

for a board of fire commissioners; providing for

elections; providing for filling of vacancies; providing

authority to levy non-ad valorem assessments; providing

for liens; providing for public hearings; providing for

deposit of funds; providing for use of funds; providing

borrowing power of the district; providing authority and

power to acquire certain property; providing duties of the

board of fire commissioners; providing authority to employ

qualified personnel; providing for financial reporting;

providing for existence of the district; providing

definitions; providing for impact fees; providing a

schedule of non-ad valorem assessments; providing

severability; providing for liberal construction;

repealing chapters 89-502, 91-406, and 96-452, Laws of

Florida, relating to the district; providing an effective

date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. (1) The reenactment of existing law in this

act shall not be construed as a grant of additional authority to

nor to supersede the authority of any entity pursuant to law.

Exceptions to law contained in any special act that are

reenacted pursuant to this act shall continue to apply.

(2) The reenactment of existing law in this act shall not

be construed to modify, amend, or alter any covenants,

contracts, or other obligations of the district with respect to

bonded indebtedness. Nothing pertaining to the reenactment of

existing law in this act shall be construed to affect the

ability of the district to levy and collect taxes, assessments,

fees, or charges for the purpose of redeeming or servicing

bonded indebtedness of the district.

Section 2. Chapters 89-502, 91-406, and 96-452, Laws of

Florida, are codified, amended, reenacted, and repealed as

herein provided.

Section 3. The North River Fire District is re-created,

and the charter is re-created and reenacted to read:

Section 1. Incorporation.--Upon this act becoming a law,

all of the unincorporated lands in Manatee County, as described

in this act, and the City of Palmetto, shall become and be

incorporated into an independent special fire district. Said

special fire district shall become and be a public municipal

corporation, having the powers and duties herein set forth under

the name of North River Fire District.

Section 2. Jurisdiction.--The lands to be incorporated

within the North River Fire District are located in Manatee

County and are described as follows:

All of Sections 1, 12, 13, 14, 21, 22, 23, 24, 25, 26,

27, 28, 32, 33, 34, 35 and 36, all in Township 33

South, Range 17 East; all of Sections 1, 2, 3, 4, 5,

6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,

20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32,

33, 34, 35 and 36, all in Township 33 South, Range 18

East; all of Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,

11, 12, 13, 14, 15, 16 and 17, and that part of

Sections 18, 22, 23 and 24 North of North bulkhead

line of the Manatee River, all in Township 34 South,

Range 17 East; all of Sections 1, 2, 3, 4, 5, 6, 7, 8,

9, 10, 11, 12, 17, 18, and 19, and that part of

Section 16 lying North of North bulkhead line of the

Manatee River, all in Township 34 South, Range 18

East. Further including the full right of way of all

abutting roads. Also, all islands and submerged lands

within the limits of the established bulkhead line

abutting the specified Sections, more particularly

described as follows:

Begin at the intersection of the established or to be

established bulkhead line along the North bank of the

Manatee River with the West boundary of Section 7,

Township 34 South, Range 17 East; thence Easterly

along the established or to be established bulkhead

line of the Manatee River to the East boundary of

Section 12, Township 34 South, Range 18 East; thence

Northerly along the East boundary of Township 34

South, Range 18 East to the Manatee County

Hillsborough County boundary line; thence Westerly

along the Manatee County Hillsborough County boundary

line to the established or to be established bulkhead

line of the East shore of Tampa Bay; thence Southerly

and Westerly along the established or to be

established bulkhead line of Tampa Bay and Terra Ceia

Bay to the established or to be established bulkhead

line on the North bank of the Manatee River to the

West boundary of Section 7, Township 34 South, Range

17 East and the Point of Beginning.

Section 3. Board of fire commissioners.--The business and

affairs of the district shall be conducted and administered by a

board of seven commissioners, who shall be elected as provided

for in section 4. Upon its election annually in January, the

board shall organize by electing from its members a chair, a

vice chair, a secretary, and a treasurer. The positions of

secretary and treasurer may be held by one member. The

100

commissioners may each be paid a salary or honorarium, to be

101

determined by the board, that shall not exceed $500 per month

102

and may not be otherwise employed by the district on either a

103

full-time or part-time basis and receive compensation for such

104

employment, except as specifically provided for herein. Each

105

commissioner shall, before he or she enters upon his or her

106

duties as commissioner, execute to the state, for the benefit of

107

the district, a good and sufficient bond approved by a Circuit

108

Judge of Manatee County in the sum of not less than $5,000 with

109

a qualified corporate surety, conditioned to faithfully perform

110

the duties of the office of commissioner. All premiums for such

111

surety on all such bonds shall be paid from the funds of said

112

district. The board of fire commissioners shall have the

113

authority and power to make and enter into contracts with firms,

114

individuals, and municipal corporations relating to any and all

115

of the purposes of the district.

116

Section 4. Election of commissioners.--

117

(1) The board of fire commissioners of the district shall

118

consist of seven members who shall serve for 4-year terms and

119

shall be elected in a nonpartisan election as hereinafter set

120

forth. The seven-member board of fire commissioners shall

121

consist of one member elected by the entire fire district to

122

represent each of five fire commissioner districts of the North

123

River Fire District, plus two commissioners elected by the

124

entire fire district to hold seats at large. The boundaries of

125

the fire commissioner districts shall be established by the

126

board and shall be numerically designated as fire commissioner

127

districts 1, 2, 3, 4, and 5. The fire commissioner seats on the

128

board shall be identified as seats 1, 2, 3, 4, and 5,

129

corresponding to the numerical designation of each fire

130

commissioner district, respectively, and the at-large seats

131

shall be identified as seats 6 and 7. In addition to

132

requirements of candidates for election under general law, in

133

order to qualify for such election or for maintaining such a

134

position, a candidate or elected commissioner shall reside

135

within his or her respective district.

136

(2) Four members of the board of fire commissioners

137

(district seats 2, 4, and 5 and at-large seat 6) shall be

138

elected at the general election during each United States

139

presidential election year. The remaining three members of the

140

board (district seats 1 and 3 and at-large seat 7) shall be

141

elected at the general election during each Florida

142

gubernatorial election year.

143

(3) Each elected commissioner shall hold office until his

144

or her successor is elected and qualified, or until such

145

commissioner ceases to qualify as a commissioner or is removed

146

from office.

147

(4) Each elected member shall assume office 10 days after

148

the member's election.

149

(5) If a vacancy occurs on the board, the remaining

150

members may appoint a qualified person to fill the seat until

151

the next general election that is held at least 3 months after

152

the date the vacancy occurs, at which time an election shall be

153

held to fill the vacancy.

154

Section 5. Authority to levy non-ad valorem assessments.--

155

(1) The district shall have the right, power, and

156

authority to levy non-ad valorem assessments against the taxable

157

real estate lying within its territorial bounds, as well as to

158

assess an additional charge for hazardous or emergency

159

conditions, in order to provide funds for the purpose of the

160

district. The rate of such assessments shall be fixed by a

161

resolution of the board of fire commissioners but shall in no

162

event exceed the amounts set forth in section 15.

163

(2) The board of fire commissioners is authorized to

164

provide a reasonable schedule of charges for emergency services,

165

including, but not limited to, firefighting occurring in or to

166

motor vehicles, marine vessels including live-aboards, aircraft,

167

or rail cars including engines or as a result of the operation

168

of such motor vehicles, marine vessels including live-aboards,

169

aircraft, or rail cars including engines to which the North

170

River Fire District is called to render such emergency service,

171

and to charge a fee for the services rendered in accordance with

172

said schedule. The North River Fire District shall have a lien

173

upon said motor vehicles, marine vessels including live-aboards,

174

aircraft, or rail cars including engines for the charges so

175

assessed. The board of fire commissioners is authorized to enter

176

into contracts for firefighting duties that provide a reasonable

177

remuneration to the district for such firefighting activities.

178

(3) The board of fire commissioners is authorized to

179

provide a reasonable schedule of charges for the fighting of

180

fires occurring in or at refuse dumps or as a result of an

181

illegal burn, which fire, dump, or burn is not authorized by

182

general or special law of the state, rule, regulation, order, or

183

ordinance, to which the district is called to fight or

184

extinguish. The fee charged in accordance with said schedule

185

shall constitute a lien upon the real property where said fire

186

or burn is located.

187

(4) The district shall provide to the county property

188

appraiser a notice of fire assessment rates as adopted by

189

resolution not later than June 1 of each year. The county

190

property appraiser shall then furnish to the commissioners of

191

the district a tax roll covering all taxable properties with the

192

assessment rate levy placed on each parcel of property by July

193

1, which tax roll is consistent with and set forth by section

194

193.1142, Florida Statutes. Not later than 21 days after receipt

195

of the tax roll from the county property appraiser, the district

196

shall return the tax roll, having first checked and noted any

197

corrections or adjustments to the fire assessment levy against

198

each parcel of property.

199

(5) Prior to adopting a rate of assessment as required in

200

subsection (4), the board of fire commissioners shall properly

201

advertise and hold a public hearing with respect to the proposed

202

rate of assessment. At such hearing, any property owner in the

203

district shall have the right to file a written objection and

204

testify at such hearing regarding the proposed rate of

205

assessment. After due consideration of all comments or protests,

206

the board of fire commissioners shall adopt a resolution

207

specifying the rate of assessment on all taxable property.

208

(6) The board of fire commissioners shall, not earlier

209

than 30 days nor later than 45 days after the mailing of the

210

notice of proposed property taxes as required by section

211

194.011(1), Florida Statutes, hold a properly advertised public

212

hearing to hear appeals from any property owner in the district

213

with respect to the method of calculation or the amounts of fire

214

assessment levied against a parcel of land. Within 20 calendar

215

days after the conclusion of the public hearing to hear appeals,

216

the board of fire commissioners shall notify all concerned

217

parties and the county property appraiser in writing of its

218

decision. The decision shall include reasons for granting or

219

denying the appeal.

220

(7) The county property appraiser shall then include the

221

assessments thus made by the board of fire commissioners of the

222

district in the Manatee County tax roll and the same shall be

223

collected in the manner and form as is provided for the

224

collection of county taxes and paid over by the county tax

225

collector to the board of fire commissioners.

226

(8) Such non-ad valorem assessments shall be a lien upon

227

the land so assessed along with the county taxes assessed

228

against the same until said assessments have been paid and, if

229

the same become delinquent, shall be considered a part of the

230

county tax subject to the same penalties, fees, and remedies for

231

enforcement and collections and shall be enforced and collected

232

as provided by the laws of the state for the collection of such

233

taxes.

234

Section 6. Deposit of funds.--All proceeds of assessments

235

and other funds of the district shall be deposited in the name

236

of the district in a financial institution designated under the

237

provisions of chapter 280, Florida Statutes, as a qualified

238

public depository. The approved financial institution shall be

239

designated by a resolution of the board of fire commissioners.

240

No funds of the district shall be paid out or disbursed except

241

by check.

242

Section 7. Use of funds.--Funds of the district shall not

243

be used for any purpose other than for the administration of the

244

affairs and business of the district; the acquisition,

245

construction, care, maintenance, upkeep, and operation of sites

246

for fire stations; fire station and firefighting and rescue

247

equipment; the employment of qualified personnel as provided for

248

herein and payment of the essential personnel benefits such as

249

health, life, disability, and workers' compensation insurance;

250

retirement programs and other associated costs designed to

251

further the purpose of the district; and legal expenses incurred

252

for the operation, enforcement, and furtherance of the

253

district's affairs and business.

254

Section 8. Borrowing power.--The board of fire

255

commissioners shall have the power and authority to borrow money

256

for the purpose of the district and to mortgage the real and

257

personal property of the district or to pledge future

258

assessments and liens as security for such loans. The limits of

259

such authority shall be that the amount borrowed shall not

260

exceed three times the total assessments in the fiscal year the

261

loan is contracted; however, the district commissioners shall

262

not create any indebtedness or incur obligations for any amount

263

that it is unable to pay out of the district's funds. Neither

264

the district commissioners as a body nor any one of them as an

265

individual shall be personally or individually liable for the

266

repayment of such loan or loans. In addition, the board of fire

267

commissioners shall have the power and authority to make

268

purchases of equipment on an installment basis as necessary, if

269

funds are available for the payment of the current year's

270

installment on such equipment plus the amount due in that year

271

on any other installment or other indebtedness.

272

Section 9. Authority and power to acquire.--The North

273

River Fire District shall have all of the corporate powers of a

274

Florida municipal corporation as provided by general law,

275

including, but not limited to, the right to sue and to be sued;

276

to lease, own, possess, and convey real and personal property

277

necessary to carry out the purpose of this act; and to acquire

278

such property by grant, gift, purchase, devise, or eminent

279

domain or any means whatsoever.

280

Section 10. Duties of officers and authority of

281

commissioners.--The officers of the board of fire commissioners

282

shall have the duties usually pertaining to, vested in, and

283

incumbent upon like officers. A record shall be kept of all

284

meetings of said board of fire commissioners, and, in such

285

meetings, concurrence of a majority of said commissioners at the

286

meeting consisting of a quorum shall be necessary for any

287

affirmative actions by said board. The board of fire

288

commissioners of said district shall have the authority to adopt

289

ordinances and rules and regulations for fire safety and

290

protection, including, but not limited to, those standards set

291

out in section 633.025, Florida Statutes.

292

Section 11. Authority to employ qualified personnel.--The

293

board of fire commissioners shall have the authority to employ

294

personnel as required to carry out the purpose of the district.

295

Such personnel may, in addition to others, include a fire chief,

296

who shall reside in the district, one or more firefighters or

297

inspectors, and administrative or maintenance personnel as the

298

board of fire commissioners deems necessary to carry out the

299

purpose of the district and shall have authority to provide all

300

things necessary for the prevention, extinguishment, and control

301

of fires in the district.

302

Section 12. Financial reporting.--The board of fire

303

commissioners shall comply with all appropriate reporting

304

requirements for units of local government, including, but not

305

limited to, sections 11.45, 189.416, 189.417, 189.418, 218.32,

306

and 218.38, Florida Statutes. These requirements as referenced

307

herein include the filing on or before September 1 of each year

308

of the district's estimated budget for the fiscal year beginning

309

October 1, the filing of financial statements and audits for the

310

fiscal year ending each September 30 within the timeframes

311

identified, and other reporting requirements specified.

312

Section 13. Existence.--The North River Fire District

313

shall exist until dissolved by law.

314

Section 14. Definitions.--The term "district" means the

315

North River Fire District, and the terms "board" and "board of

316

fire commissioners" mean the Board of Fire Commissioners of the

317

North River Fire District, unless otherwise specified.

318

Section 15. Schedule of non-ad valorem assessments.--The

319

assessment procedures and amounts, as set forth herein,

320

represent the manner to be followed and the maximum allowable

321

rates that shall be charged by the district, if needed. For

322

assessment purposes, all property within the district shall be

323

divided into three general classifications: vacant parcels,

324

residential parcels, and commercial/industrial parcels.

325

(1) Vacant parcels shall include all parcels that are

326

essentially undeveloped and are usually classified by the

327

property appraiser as Use Code types "0000," "0004," "1000,"

328

"4000," "9800," "9900," and "5000" through "7000." The maximum

329

annual assessment for these parcels shall be:

330

(a) Vacant residential lots (Use Code 0000): $8.90 per

331

lot.

332

(b) Vacant condominium lots (Use Code 0004): $8.90 per

333

lot.

334

335

9800, 9900, and 9901): $4.85 per acre or fraction thereof,

336

except that not more than $890 shall be assessed against any one

337

parcel.

338

(d) Vacant commercial and industrial parcels (Use Codes

339

1000 and 4000): assessed as a platted lot or unsubdivided

340

acreage as applicable. Whenever a residential unit is located on

341

a parcel classified as vacant, the residential plot shall be

342

considered as one lot or one acre with the balance of the parcel

343

being assessed as vacant land in accordance with the schedule of

344

commercial/industrial assessments. Whenever an agricultural or

345

commercial building or structure is located on a parcel

346

classified as vacant, the building or structure shall be

347

assessed in accordance with the schedule of

348

commercial/industrial assessments.

349

(2) Residential parcels shall include all parcels that are

350

developed for residential purposes and are usually classified by

351

the property appraiser as Use Code types "0100," "0104," "0200,"

352

"0204," "0300," "0400," "0500," "0600," "0700," "0800," "0801,"

353

"0803," "1200," "2800," and "2802." Surcharges may be assigned

354

by the district for dwelling units located on the second, third,

355

fourth, fifth, or higher floors. The maximum annual assessment

356

for these parcels shall be:

357

(a) Use Codes "0100" and "0104" shall be $98.00 per

358

single-family residence. If said residence is located on a

359

parcel of land not in excess of one lot or one acre, no

360

additional assessment shall be made for the land on which said

361

residence is located. If the land upon which said residence is

362

located exceeds one lot or one acre, an additional assessment

363

may be made in accordance with subsection (1).

364

(b) Use Codes "0300," "0800," "0801," and "0803,"

365

multifamily residences, shall be $98 per unit. If said residence

366

is located on a parcel of land not in excess of one lot or one

367

acre, no additional assessment shall be made for the land on

368

which said residence is located. If the land upon which said

369

residence is located exceeds one lot or one acre, an additional

370

assessment may be made in accordance with subsection (1).

371

372

residential, shall be $98 per dwelling unit for any condominium

373

or apartment units located on the first and second floors; $147

374

per unit for any condominium or apartment units located on the

375

third floor; $196 per unit for any condominium or apartment

376

units located on the fourth floor; $245 per unit for any

377

condominium or apartment units located on the fifth floor; and

378

$294 per unit for any condominium or apartment units located on

379

a floor above the fifth floor.

380

(d) Use Codes "0200," "0204," and "2802," mobile homes,

381

mobile homes/condominiums and mobile home parks, residential,

382

shall be $98 per dwelling unit.

383

(e) Use Codes "0500," "0600," and "0700," cooperatives,

384

retirement homes, miscellaneous, migrant camps, etc., shall be

385

assessed $98 per dwelling unit.

386

(f) Any other residential units, including, but not

387

limited to, the residential portion of mixed uses (Use Code

388

1200), shall be assessed $98 per dwelling unit.

389

(g) Travel trailer parks (Use Code 2800) shall be assessed

390

$49 per dwelling unit or available rental space, as applicable.

391

(3) Commercial/industrial parcels shall include all other

392

developed parcels that are not included in the residential

393

category in subsection (2). All commercial/industrial parcels

394

shall be assessed on a square footage basis for all buildings

395

and structures in accordance with the following schedule and

396

hazard classification. The district may or may not vary the

397

assessment by hazard classifications as set forth herein, based

398

on guidelines to be approved by the board of fire commissioners.

399

The base assessment for all buildings and structures shall be

400

$178 for the first 1,000 square feet on a parcel. The schedule

401

for all square footage above 1,000 square feet is as follows;

402

however, the district may grant an improved hazard rating to all

403

or part of the building or structures if they are equipped with

404

complete internal fire suppression facilities:

405