Bill Text: FL S1196 | 2013 | Regular Session | Introduced

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Bill Title: Independent Special Fire Control Districts

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-05-03 - Died in Appropriations Subcommittee on Finance and Tax, companion bill(s) passed, see CS/CS/SB 1410 (Ch. 2013-183) [S1196 Detail]

Download: Florida-2013-S1196-Introduced.html

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       Florida Senate - 2013                                    SB 1196
       
       
       
       By Senator Richter
       
       
       
       
       23-01385-13                                           20131196__
    1                        A bill to be entitled                      
    2         An act relating to independent special fire control
    3         districts; amending s. 191.009, F.S.; clarifying
    4         provisions that authorize a district to levy non-ad
    5         valorem assessments to construct, operate, and
    6         maintain specified district facilities and services;
    7         amending s. 191.011, F.S.; revising provisions
    8         relating to district authority to provide for the levy
    9         of non-ad valorem assessments on lands within the
   10         district rather than benefited real property;
   11         eliminating provisions relating to rate of assessment
   12         for benefited real property, to conform; providing an
   13         effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (2) of section 191.009, Florida
   18  Statutes, is amended to read:
   19         191.009 Taxes; non-ad valorem assessments; impact fees and
   20  user charges.—
   21         (2) NON-AD VALOREM ASSESSMENTS.—A district may levy non-ad
   22  valorem assessments as defined in s. 197.3632 to construct,
   23  operate, and maintain those district facilities and services
   24  provided pursuant to the general powers listed in s. 191.006,
   25  the special powers listed in s. 191.008, any applicable general
   26  laws of local application, and a district’s enabling
   27  legislation, including emergency rescue services, first response
   28  medical aid, emergency medical services, and emergency transport
   29  services. The rate of such assessments must be fixed by
   30  resolution of the board pursuant to the procedures contained in
   31  s. 191.011. Non-ad valorem assessment rates set by the board may
   32  exceed the maximum rates established by special act, county
   33  ordinance, the previous year’s resolution, or referendum in an
   34  amount not to exceed the average annual growth rate in Florida
   35  personal income over the previous 5 years. Non-ad valorem
   36  assessment rate increases within the personal income threshold
   37  are deemed to be within the maximum rate authorized by law at
   38  the time of initial imposition. Proposed non-ad valorem
   39  assessment increases that which exceed the rate set the previous
   40  fiscal year or the rate previously set by special act or county
   41  ordinance, whichever is more recent, by more than the average
   42  annual growth rate in Florida personal income over the last 5
   43  years, or the first-time levy of non-ad valorem assessments in a
   44  district, must be approved by referendum of the electors of the
   45  district. The referendum on the first-time levy of an assessment
   46  shall include a notice of the future non-ad valorem assessment
   47  rate increases permitted by this act without a referendum. Non
   48  ad valorem assessments shall be imposed, collected, and enforced
   49  pursuant to s. 191.011.
   50         Section 2. Subsection (1) of section 191.011, Florida
   51  Statutes, is amended to read:
   52         191.011 Procedures for the levy and collection of non-ad
   53  valorem assessments.—
   54         (1) A district may provide for the levy of non-ad valorem
   55  assessments under this act on the lands within the district for
   56  and real estate benefited by the exercise of the powers
   57  authorized by this act, or any part thereof, for all or any part
   58  of the cost thereof. It is recognized that the provision of
   59  emergency rescue services, first response medical aid, emergency
   60  medical services, and transport services constitutes a benefit
   61  to real property the same as any other improvement performed by
   62  a district, such as fire suppression services, fire protection
   63  services, and fire prevention services. Non-ad valorem
   64  assessments may be levied only on benefited real property at a
   65  rate of assessment based on the special benefit accruing to such
   66  property from such services or improvements. The district may
   67  use any assessment apportionment methodology that meets fair
   68  apportionment standards.
   69         Section 3. This act shall take effect July 1, 2013.