CHAPTER 2015-197

Committee Substitute for House Bill No. 1203

An act relating to the Cedar Hammock Fire Control District, Manatee County; amending chapter 2000-391, Laws of Florida, as amended; revising boundaries; providing for a five-member board; removing obsolete provisions; providing for ad valorem assessments, non-ad valorem assessments, and impact fees; deleting schedule of non-ad valorem assessments; amending chapter 93-352, Laws of Florida, as amended; removing a reference to the district and the Whitfield Fire Control District; providing an effective date.

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

  1. Section 1. Section 3 of chapter 2000-391, Laws of Florida, as amended by chapters 2005-297 and 2007-283, Laws of Florida, is amended to read:

    1. Section 1 — Incorporation.

      All of the unincorporated lands in Manatee County, as described in this act, shall be incorporated into an independent special fire control district. Said special fire control district shall be a public municipal corporation under the name of Cedar Hammock Fire Control District. The district is organized and exists for all purposes set forth in this act and chapters 189 and 191, Florida Statutes. The district was created by special act in 1957 and its charter may be amended only by special act of the Legislature.

    2. Section 2 — Jurisdiction.

      The lands to be incorporated within the Cedar Hammock Fire Control District are located in Manatee County, Florida, and are described as follows:

      BEGIN AT THE NORTHEAST CORNER OF SECTION 2, TOWNSHIP 35 SOUTH, RANGE 17 EAST; THENCE SOUTH ALONG THE EAST LINES OF SECTIONS  2, 11, 14,  AND  23, TOWNSHIP  35  SOUTH, RANGE 17 EAST TO A POINT ON THE CENTERLINE OF BOWLEES CREEK; THENCE WESTERLY ALONG SAID CENTERLINE TO THE SHORELINE OF SARASOTA BAY; THENCE MEANDERING SAID SHORELINE IN A  WESTERLY  AND  NORTHWESTERLY DIRECTION TO A POINT WHERE THE SHORELINE INTERSECTS THE WEST LINE OF RANGE 17 EAST; THENCE NORTH ALONG THE WEST LINE OF SAID RANGE 17 EAST TO THE SHORELINE OF PALMA SOLA BAY; THENCE MEANDER SAID SHORELINE IN A NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY DIRECTION TO A POINT WHERE THE SHORELINE INTERSECTS THE SOUTH LINE OF TOWNSHIP 34 SOUTH; THENCE EAST ALONG THE SOUTH LINE OF SAID TOWNSHIP 34 SOUTH TO THE POINT OF BEGINNING.

      LESS:

      THOSE LANDS ANNEXED BY THE CITY OF BRADENTON AFTER ADOPTION OF CHAPTER 57-1546, LAWS OF FLORIDA.

      LESS:

      THE LANDS WITHIN TRAILER ESTATES, RECORDED IN PLAT BOOK 8 AT PAGE 138, FIRST ADDITION TO TRAILER ESTATES, RECORDED IN PLAT BOOK 9 AT PAGE 71, AND SECOND ADDI-TION TO TRAILER ESTATES, RECORDED IN PLAT BOOK 9 AT PAGE 61, ALL IN THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA.

      TOGETHER WITH:

      BLOCK B, TRAILER ESTATES, RECORDED IN PLAT BOOK 8 AT PAGE 138, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA.

      TOGETHER WITH:

      THAT PART OF SECTIONS 23 AND 26, TOWNSHIP 35 SOUTH, RANGE 17 EAST LYING SOUTH OF BOWLEES CREEK; THE WEST HALF OF SECTION 25, TOWNSHIP 35 SOUTH, RANGE 17 EAST, ALL OF SECTION 35, TOWNSHIP 35 SOUTH, RANGE 17 EAST, AND THE WEST HALF OF SECTION 36, TOWNSHIP 35 SOUTH, RANGE 17 EAST, LESS ANY LANDS OWNED BY THE SARASOTA MANATEE AIRPORT AUTHORITY LOCATED  EASTERLY  OR  SOUTHERLY OF THE PERIMETER FENCE OF THE AIR OPERATIONS  AREA OF THE SARASOTA BRADENTON INTERNATIONAL AIR PORT AS DESIGNATED ON THE FEDERAL AVIATION ADMINISTRATION (FAA) APPROVED AIRPORT LAYOUT PLAN, AS  AMENDED FROM TIME TO TIME, PURSUANT TO 49 U.S. CODE SS. 47107(A)(16).

    3. Section 3.  — Merger; district authority.

      The Whitfield Fire Control District, created pursuant to chapter 67-914, Laws of Florida, as amended, was merged into the Cedar Hammock Fire Control District pursuant to chapter 2007-283, Laws of Florida.  The Cedar  Hammock  Fire  Control  District  is granted the authority to provide fire control and emergency medical services; levy  and  collect  taxes,  assessments,  and  fees;  and  administer  fire  rescue programs and services within the district’s amended boundary pursuant to chapter  2000-391,  Laws  of  Florida,  chapter  191,  Florida  Statutes,  and applicable laws and as approved by district electors on September 5, 2006.

    4. Section 4.  — Governing board.

      (1) In accordance with chapter 191, Florida Statutes, the business and affairs of the district shall be conducted and administered by a five-member board of fire commissioners elected pursuant to chapter 191, Florida Statutes, by the electors of the district in a nonpartisan election held at the time and in the manner prescribed for holding general elections in s. 189.405(2)(a), Florida Statutes. Each member of the board shall be elected for a term of 4 years and shall serve until his or her successor assumes office.

      (2)  The office of each board member is designated as a seat on the board, distinguished from each of the other seats by a numeral: 1, 2, 3, 4, or 5. Each candidate must designate, at the time he or she qualifies, the seat  on the board for which he or she is qualifying. The name of each candidate who qualifies shall be included on the ballot in a way that clearly indicates the seat for which he or she is a candidate. The candidate for each seat who receives the most votes shall be elected to the board.

      (3) In accordance with chapter 191, Florida Statutes, each member of the board must be a qualified elector at the time he or she qualifies and continually throughout his or her term.

      (4) Each elected member shall assume office 10 days following the member’s election.  Annually,  within  60  days  after  the  newly  elected members  have  taken  office,  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.

      (5) Members of the board may each be paid a salary or honorarium to be determined by at least a majority plus one vote of the board, pursuant to chapter 191, Florida Statutes.

      (6) If a vacancy occurs on the board due to the resignation, death, or removal of a board member or the failure of anyone to qualify for a board seat, the remaining members may appoint a qualified person to fill the seat until the next general election, at which time an election shall be held to fill the vacancy for the remaining term, if any.

      (7) The procedures for conducting district elections or referenda and for qualification of electors shall be pursuant to chapters 189 and 191, Florida Statutes.

      (8) The board shall have those administrative duties set forth in this act and chapters 189 and 191, Florida Statutes.

    5. Section 5.  — Ad valorem taxation.

      The board shall continue to have the right, power, and authority to levy annually an ad valorem tax against  the taxable real estate within the district to provide funds for the purposes of the district in an amount not to exceed 3.75 mills, as approved by district electors by referendum in September 2002 and September 2006. The district shall levy and collect ad valorem taxes in accordance with applicable general law, including chapter 200, Florida Statutes.

    6. Section 6. — Authority to levy non-ad valorem assessments.

      Said district shall have the right, power, and authority to levy non-ad valorem assessments as defined in s.197.3632, Florida Statutes, against the taxable real estate lying within its territorial bounds in order to provide funds for the purpose of the district. The rate of such assessments shall be fixed annually by a resolution of the board of commissioners after the conduct of a public hearing. Such non-ad valorem assessments may be imposed, collected, and enforced pursuant to the provisions of ss. 197.363- 197.3635, Florida Statutes.

    7. Section 7. — Non-ad valorem assessments.

      The non-ad valorem assessment rates that the district currently charges pursuant to Cedar Hammock Fire Control District Resolution 2014-07, adopted September 10, 2014, are hereby confirmed.  In accordance with s.191.009, Florida Statutes, the district shall continue to have the right, power, and authority to levy non-ad valorem assessments as defined in s. 197.3632, Florida Statutes, against the taxable real estate lying within its territorial bounds in order to provide funds for the purpose of the district. Non-ad valorem assessments shall be imposed, collected, and enforced pursuant to s. 191.011, Florida Statutes.  The rate of such assessments shall be fixed annually by a resolution of the board of commissioners after conducting a public hearing. Notwithstanding the foregoing, the board may amend its assessment rates in accordance with s. 191.009, Florida Statutes. The methods for assessing and collecting non-ad valorem assessments shall be in the manner set forth in this act or chapter 170, chapter 189, chapter 191, or chapter 197, Florida Statutes. The district is authorized to levy and enforce non-ad valorem assessments in accordance  with chapters 170, 189, 191, and 197, Florida Statutes.

    8. Section 8 — Impact fees.

      (1)(a) It is hereby found and determined that the district is located in one of the fastest growing areas of Manatee County which is itself experiencing one of the highest growth rates in the nation. New construction and resulting population growth have placed a strain upon the capabilities of the district to continue providing the high level of professional fire protection and emergency service for which the residents of the district pay and which they deserve.

      (b)It is hereby declared that the cost of new facilities upon fire protection and emergency service should be borne by new users of the district’s services to the extent new construction requires new facilities, but only to that extent. It is the legislative intent of this section to transfer to the new users of the district’s fire protection and emergency services a fair share of the costs that new users impose on the district for new facilities.

      (c) It is hereby declared that the amounts of the impact fees provided for in this section are just, reasonable, and equitable.

      (2) No person shall issue or obtain a building permit for new residential dwelling units or new commercial or industrial structures within the district, or issue or obtain construction plan approval for new recreational or travel trailer park developments located within the district, until the developer thereof shall have paid the applicable impact fee to the district according to a schedule determined by the board pursuant to general

      (3) By referendum dated August 31, 2004, the district’s electors authorized the district’s increase of impact fees relating to new construction.  The  board shall establish a schedule of impact fees in compliance with any standards set by general law, including ss. 163.31801 and 191.009, Florida Statutes, for new construction to pay for the cost of new facilities and equipment, the need for which is in whole or in part the result of new construction. The impact fees   collected by the district under this section shall be kept separate from other revenues of the district and must be used exclusively to acquire, purchase, or construct new facilities or portions thereof needed to provide fire protection and emergency services to new construction. As used in this section, the term  “new facilities” means land, buildings, and capital equipment, including, but  not limited to, fire and emergency vehicles, radio telemetry equipment, and  other firefighting or rescue equipment. The board shall maintain adequate records to ensure that impact fees are expended only for permissible facilities or equipment. The board may enter into agreements with general purpose local governments to share in the revenues from fire protection impact fees imposed by such governments.

    9. Section 9. —Other district powers, functions, and duties.

      In addition to any powers set forth in this act, the district shall hold all powers, functions, and duties set forth in chapters 189, 191, and 197, Florida Statutes, including, but not limited to, ad valorem taxation, bond issuance,  other  revenue-raising  capabilities, budget preparation and approval, liens and foreclosure of liens, use of tax deeds and tax certificates as appropriate for non-ad valorem assessments, and contractual agreements. The district may be financed by any method established in this act, chapter 189, Florida Statutes, chapter 191, Florida Statutes, or any other applicable general or special law.

    10. Section 10. — Planning.

      The district’s planning requirements shall be as set forth in this act, chapters 189 and 191, Florida Statutes, and other applicable general or special laws.

    11. Section 11. — Boundaries.

      The district’s geographic boundary limitations shall be as set forth in this act.

    12. Section 12 — Officers and employees.

      Requirements for financial disclosure, meeting notices, public records maintenance, and per diem expenses for officers and employees shall be as set forth in chapters 112, 119, 189, 191, and 286, Florida Statutes.

    13. Section 13. — Bonds.

      The procedures and requirements governing the issuance of bonds, notes, and other evidence of indebtedness by the district shall be as set forth in this act, chapter 191, Florida Statutes, and any other applicable general or special laws.

  2. Section 2. — Paragraph (a) of subsection (1) of section 1 of chapter 93-352, Laws of Florida, as amended by chapter 94-373, Laws of Florida, is amended to read:

    Section 1.  — Manatee County district boards of fire commissioners; membership.

    (1)(a) The business affairs of the Parrish Fire Control District, Southern Manatee Fire and Rescue District, Trailer Estates Fire Control District, and Westside Fire Control District, in Manatee County shall each be conducted and administered by a five-member board of fire commissioners that is elected by the electors of the respective district in a nonpartisan election held at the time and in the manner prescribed for holding general elections in section 189.405(2) (a), Florida Statutes. Each member of a district board shall be elected for a term of 4 years and shall serve until his or her successor is chosen and qualified, except that members elected to seats 2 and 4 in the first election held after the effective date of this act shall be elected for a term of 2 years.

  3. Section 3.  This act shall take effect upon becoming a law. Approved by the Governor June 10, 2015.

 

Filed in Office Secretary of State June 10, 2015.