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         166.225Law 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.