October 22, 2019
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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         166.212Special 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.

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