Bill Text: FL S1998 | 2010 | Regular Session | Introduced

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Bill Title: Special Assessment for Law Enforcement Services [WPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-04-30 - Died pending reference review under Rule 4.7(2) [S1998 Detail]

Download: Florida-2010-S1998-Introduced.html

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Florida Senate - 2010                                    SB 1998 
 
By Senator Smith 
29-01588-10                                           20101998__ 
1                        A bill to be entitled 
2         An act relating to a special assessment for law 
3         enforcement services; creating s. 166.212, F.S.; 
4         authorizing a municipality to impose a special 
5         assessment to fund the costs of providing law 
6         enforcement services; making the imposition of the 
7         assessment contingent upon adoption of an ordinance 
8         approved by the governing body of a municipality and a 
9         reduction in the municipality’s ad valorem millage; 
10         limiting the maximum millage reduction required; 
11         specifying the rolled-back rate for the calculation of 
12         a future increase in ad valorem millage; providing an 
13         effective date. 
14 
15  Be It Enacted by the Legislature of the State of Florida: 
16 
17         Section 1. Section 166.212, Florida Statutes, is created to 
18  read: 
19         166.212 Special assessment for law enforcement services.— 
20         (1) GENERAL.—A municipality may impose a special assessment 
21  to fund a portion or all of its costs of providing law 
22  enforcement services if the governing body of the municipality: 
23         (a) Adopts an ordinance imposing the special assessment 
24  which apportions the cost of law enforcement services among the 
25  parcels of real property in the municipality in reasonable 
26  proportion to the benefit received by each parcel; and 
27         (b) Reduces its ad valorem millage as provided in this 
28  section. 
29         (2) APPORTIONMENT METHODOLOGY.—The methodology used to 
30  determine the benefit that a parcel of property derives from law 
31  enforcement services may be based on all of the following: 
32         (a) The size, in square feet, of structures on the parcel. 
33         (b) The location of the parcel. 
34         (c) The use of the parcel. 
35         (d) The projected amount of time that the municipal law 
36  enforcement agency will spend protecting the property, grouped 
37  by neighborhood, zone, or category of use. This may include the 
38  projected amount of time that will be spent responding to calls 
39  for law enforcement services and the projected amount of time 
40  law enforcement officers will spend on patrols or regulating 
41  traffic on the streets that provide access to the property. 
42         (e) The value of the real property that is served or 
43  protected, including the value of each structure on the property 
44  and its contents. However, this factor may not be used as the 
45  sole or a major factor in determining the benefit of law 
46  enforcement services to a parcel of property. 
47         (f) Any other factor that may reasonably be used to 
48  determine the benefit of law enforcement services to a parcel of 
49  property. 
50         (3) REDUCTION IN AD VALOREM MILLAGE.— 
51         (a) For the fiscal year in which a municipality implements 
52  the special assessment, the municipality must reduce its ad 
53  valorem millage by the millage that would be required to collect 
54  revenue equal to revenue that is forecast to be collected from 
55  the special assessment. 
56         (b) Notwithstanding paragraph (a), a municipality is not 
57  required to reduce its millage, excluding millage approved by a 
58  vote of the electors and millage pledged to repay bonds, by more 
59  than 75 percent. 
60         (c) Notwithstanding paragraph (a), a municipality is not 
61  required to reduce its millage, excluding millage approved by a 
62  vote of the electors and millage pledged to repay bonds, by more 
63  than 50 percent if the resolution imposing the special 
64  assessment is approved by a two-thirds vote of the governing 
65  body of the municipality. 
66         (4) FUTURE AD VALOREM MILLAGE INCREASES.—For purposes of s. 
67  200.065, the rolled-back rate for the fiscal year immediately 
68  after the year in which a municipality implements the special 
69  assessment is the millage imposed for the year that the special 
70  assessment is implemented, adjusted for the change in per capita 
71  personal income. 
72         Section 2. This act shall take effect upon becoming a law.