Loading...
Ord 36-04ORDINANCE NO. 36-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 5, "PUBLIC WORKS", CHAPTER 56, "STORMWATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 56.04, "DEFINITIONS", TO PROVIDE A DEFINITION OF "COMMON ELEMENT"; AMENDING SECTION 56.16, "ESTABLISHMENT OF RATES FOR STORMWATER MANAGEMENT ASSESSMENTS", TO PROVIDE THAT STORMWATER ASSESSMENTS FOR SINGLE-FAMILY RESIDENTIAL UNITS SHALL BE AMENDED TO INCLUDE A PRORATED PORTION OF THE COMMON ELEMENTS WITHIN A PLA'FI'ED SUBDIVISION THAT ARE FOR THE EXCLUSIVE BENEFIT OF THE SINGLE- FAMILY RESIDENTIAL LOT OWNERS THEREIN; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dekay Beach, Florida, desires to amend Section 56.16, "Establishment of Rates for Stormwater Management Assessments", in order to provide an ordinance consistent with recent state legislation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Title 5, "Public Works", Chapter 56, "Stormwater", Section 56.04, "Definitions", be amended to read as follows: Sec. 56.04. DEFINITIONS. The following words, when used herein, shall have the meanings indicated, unless the context indicates otherwise: Act. Shall have the meaning set forth in Section 56.01 of this Chapter. Benefidal area. The geographical boundaries of the City, induding all future annexations and consolidations. Ci~. The City of Dekay Beach, Florida, a municipal corporation. Commission. The City Commission of the City of Delray Beach, Florida, acting as the governing body of the City. Common Element. As may be defined by Fla. Stat. ~193.0235 and referenced in Section 56.16. a Common Element is: 1) Subdivision property, not included within parcels which 0re intended to be conveyed or have been conveyed into individual ownership, which property is utilized exclusively for the benefit of parcel owners of such platted subdivision and are designated on the plat or approved site plan as a Common Element for the exclusive benefit of parcel owners; An easement through the subdivision property, not including the property. described in para~aph (1). which has been dedicated to the public use or retained for the benefit of the subdivision; Any other part of the subdivision which has been des'_mnated on the plat or is required to be designated on the site plan as a drainage pond, or detention or retention are. for the exclusive benefit of the subdivision. Consulting engineer. A qualified engineer or engineering firm licensed in the State of Florida and retained by the City to perform the acts and carry out the duties relating to the systems, as required by the City. Developed property. Any property with more than seven (7) percent of impervious area on such property. Equivalent redckntial unit or ERU. The average square footage of impervious area for detached single-family residential units within the benefited area. An ERU is numerically equal to two thousand five hundred two (2,502) square feet of impervious area which represents five and seven-tenths (5.7) percent of one acre of land. Existing ~ystem. The City's stormwater system and facilities existing at the time of the enactment of this Chapter. Impervious area. An area which either prevents or retards the entry of water into the soil mantle. Common impervious areas include, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas and other surfaces which similarly impact infiltration and runoff, and would also include ponds and lakes or other bodies of water unless such property is classified nonassessed property. 2 ORD. NO. 36-04 Nonassessed properly. Public Rights-of-Way, lakes, rivers, and other bodies of water not utilizing or having a direct or indirect impact on the system, tax-exempt properties owned by religious organizations, and such other properties within the benefited area which may be determined by the Director to be exempt from the payment of the stormwater management assessment. Nonresidentialpmpeny. Any developed property which does not have as its major use a place of residence and is not classified as residential by the Palm Beach County Property Appraiser. Residenlialproperty. Any developed property which has the majority use as a phce of residence and is so classified by the Palm Beach County Property Appraiser. Storm~vater management assessment. A nonad valorem assessment imposed by the city pursuant to this Chapter and F.S. Section 403.0893, as amended and supplemented, on all developed property which is not nonassessed property, and on all unimproved land which is not nonassessed property, in the benefited area in relation to each such property's estimated contribution of stormwater runoff to he system and the benefit derived from the use of the facilities of the system, and the future improvements to be funded from stormwater management assessments. Such stormwater management assessment shall include a pro-rata cost of the operation and maintenance of the system, based on the same proportion of benefit assessed against each parcel within the benefited area. Suo~ace water management permit. A South Florida Water Management District petmit for surface water management facilities. System. The City's unified stormwater management system, as more partio~l~dy described in subsection S6.03(B) of this Chapter, and including management services such as designing, permitting, planning, and reviev/mg the stormwater related infrastructure; operation, maintenance, repair and replacement of the infrastructure; and the improvement or enhancement of the infrastl:ucture related to the approved public facilities elements of the comprehensive growth management plan for the City. Unimproved land O) (2) Any undeveloped land regardless of its zoning classification by the Palm Beach County property appraiser; and Any developed property (other than a single-family residence) which has less than seven (7) percent of impervious area. 3 ORD. NO. 36-04 Year. The City's fiscal year commencing on October 1 and conUnuing to and including the next succeeding September 30, or such other annual period as may be prescribed by law. Uniform colkclion methocL The method to be ufili~.ed by the City for the year commencing October 1, 1991, and each year thereafter for the billing, collection and enforcement of the payment of the stormwater management assessments, as authorized pursuant to F.S. Section 403.0893, as amended and supplemented, and F.S. Chapter 197, as amended and supplemented. Section 2. That Title 5, "Public Works", Chapter 56, "Stormwater", Section 56.16, "Establishment of Rates for Stormwater Management Assessments", be amended to read as follows: SECTION 56.16 ESTABLISHMENT OF RATES FOR STORMWATER MANAGEMENT ASSESSMENTS. (A) The rate of sto~mwater management assessments for each parcel within the benefited area, other than with respect to non-assessed property, shall be established each year by resolution of the Commission. Except as provided below, such rate resolution shall not be adopted prior to the establishment of an operational budget for the system for such next succeeding year prepared by the Director; and prior to the conducting of one or more rate hearings as requi~ed under applicable law. Such budget shall include, but not be limited to the estimated cost of planning and constructing additions, extensions and improvements to the system for such next succeeding year (the "capital element"); the debt service requirements for any obligations issued by the City (other than voter-approved general obligation debt) to finance or refinance additions, extensions and improvements to the system (the "debt serwice elemenf'); and the cost of operation and maintenance of the system for such next succeeding year (the "O and M element"). The O and M element shall contain all outlays of the system determined to be necessary and proper by the City Manager, which will not be provided for in the capital element and debt service element of the operational budget. The rate hearings and rate resolution shall dearly establish what portion of the stormwater management assessment reflects the capital element, the debt service element, if any, and the O and M element. (B) The owner of each parcel (other than the owner of nonassessed property) within the benefited area, for which a stormwater management assessment is levied, shall be responsible for the payment thereof. However. the owner of the Common elements of a platted subdivision shall not be responsible for such payment. Instead. the assessment for Common Elements uhall be prorated and included in the assessment of all the parcels within the subdivision, and the owners of such parcels shall be responsible for the payment thereof. 4 ORD. NO. 36-04 (C) The rate of stormwater management assessments for the various classes of property (other than nonassessed property) within the benefited area shall be as follows: (1) Developed Property: (a) The annual stomawater management assessment for a single- family residential unit shall be the rate for one ERU, multiplied by one ERU, multiplied by (12) plus the annual prorated share of the stormwater management assessment for any Common Elements. if such single-family residential unit is within a platted subdivision with Common Elements. The assessment for Common Elements shall be determined in accordance with Sec. 56.16(C)(1)(51) for developed Common Elements, or Sec. 56.16(C)(2) for undeveloped Common Elements. The prorated share to be assessed a~dnst each residential unit within the subdivision is the sum of the annual assessments for all Common Elements within the subdivision, divided by the total number of parcels within the subdivision which are intended to be conveyed or have been conveyed into individual (b) The annual stomawater management assessment for a residential condominium unit shall be the rate for one ERU, multiplied by a numerical factor to be determined by dividing the total impervious area of the property (in square feet) by the impervious square footage per one (1) ERU, further divided by the number of condominium units and multiplied by twelve (12). (c) The annual stormwater management assessment for a single- owned multi-family residential property shall be the rate for one ERU, multiplied by a numerical factor to be determined by dividing the total impervious area of the property (in square feet) by the impervious square footage per one ERU, multiplied by 12. (d) The annual storrnwater management assessment for developed non-residential property shall be the rate for one ERU, multiplied by a numerical factor to be detemfined by dividing the total impervious area of the property (in square feet) by the impervious square footage per one ERU, multiplied by 12. (2) Unimproved land. The annual stormwater management assessment for a parcel of unimproved land shall be the rate for one ERU, multiplied by a numerical factor to be determined by multiplying the total acres of such unimproved land by 1.2 ERU's, multiplied by 12. (D) All properties are subject to the rate classification contained with Sec. 56.16(C). However, some properties may be entitled to cumulative discounts. The discount rates are as follows: 5 ORD. NO. 36-04 (1) Lake Worth Drainage District. All properties located within the Lake Worth Drainage District (LWDD), as defined by the LWDD boundary map, shall receive a twenty-five percent (25%) discount. (2) Privately Maintained Strcct Drainage Systems. All properties for which the City does not provide for the maintenance of g=cct drainage systems shall receive a twenty-five percent (25%) discount. For example, a residential property located within the Lake Worth Drainage District which is also served by a Private Stzcct Drainage System, which is not City maintained, will be entitled to a twenty-five percent (25%) discount for being located within the Lake Worth Drainage District, plus an additional twenty-five percent (25%) discount (for a total of a fifty percent (50%) discount) because the property is served by a Private ..... Drainage System, which is not maintained by the City. (E) The determination of impervious area and total area of a parcel shall be based on data from the Palm Beach County Property Appraiser's Office, Palm Beach County Board of County Commissioners Information Systems Services, geographical information system analysis provided by the City of Delray Beach, from aerial photographs, asbuilts, or from information provided by the owner of such parcel if the information, as set forth above, is found to be incorrect by clear and convincing evidence, as determined in the sole discretion of the Director. Information provided by an owner shall include, at his or her own cost, such information requested by the Director, ineludmg survey data certified by a professional land surveyor and/or engineering reports prepared by a professional engineer acceptable to the Director. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. .~PASSED AN~._~A~gPTED in regnl~ session on second and final reading on this the day of ,2004. 6 ORD. NO. 36-04 ATI'EST: ACTING CITY CLERK Se~o~,~.ea,~ ~\'..,\~, 7 ORD. NO. 36-04 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # '~ ~ (~) ~-- - REGULAR MEETING OF JULY 6. 2004 ORDINANCE NO. 36-04 (AMENDING CHAPTER 56. "STORMWATER") DATE: JULY 2, 2004 This ordinance is before Commission for second reading and public hearing to amend Chapter 56, "Stormwater" of the City Code of Ordinances, amending Sections 56.04, "Definitions" and 56.16, "Establishment of Rates for Stormwater Management Assessments" to provide that individual parcel owners within a residential subdivision shall be responsible for a prorated portion of the assessments of all common areas within the subdivision. At the first reading on June 22, 2004, the Commission passed Ordinance No. 36-04. Recommend approval of Ordinance No. 36-04 on second and final reading. S:\City Clerk\agenda memo. O~d 36.04. Stormwater.07.06.04 [ITY OF nELR;lY BEI3gH ..... C~TY MANAGF-¢ CITY ATTORNEY'S OFFICE 200 Nw 1st AVEN~E-DEL.A~ BEACH, FLO..DA 3~444 TELEPHONE 561/243 7090 · FACSIMILE 56t/278-4755 DELRAY BEACH DATE: TO: FROM: SUBJECT: Writer's Direct Line: 561/243-7090 MEMORANDUM June 2, 2004 City Commission David T. Harden, City Manager Terrill Pyburn, Assistant City Attorney Proposed Stormwater Ordinance Attached please find a draft of the proposed stormwater ordinance including amendments to Section 56.04 providing a definition of common elements and amendments to Section 56.16 providing that individual parcel owners within a residential subdivision shall be responsible for a prorated portion of the assessments of all common areas within the subdivision. Also attached please find a copy of the State House Bill that was passed into law effective January 1, 2004. Please place the ordinance on the June 22, 2004 City Commission agenda for first reading. Thank you. TCP:smk Attachment cc: Barbara Garito, City Clerk ORDINANCE NO~ -04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 5, "PUBLIC WORKS", CHAPTER 56, "STORMWATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 56.04, "DEFINITIONS", TO PROVIDE A DEFINITION OF "COMMON ELEMENT"; AMENDING SECTION 56.16, "ESTABLISHMENT OF RATES FOR STORMWATER MANAGEMENT ASSESSMENTS", TO PROVIDE THAT STORMWATER ASSESSMENTS FOR SINGLE-FAMILY RESIDENTIAL UNITS SHALL BE AMENDED TO INCLUDE A PRORATED PORTION OF THE COMMON ELEMENTS WITHIN A PLATTED SUBDIVISION THAT ARE FOR THE EXCLUSIVE BENEFIT OF THE SINGLE-FAMILY RESIDENTIAL LOT OWNERS THEREIN; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to amend Section 56.16, "Establishment of Rates for Stormwater Management Assessments", in order to provide an ordinance consistent with recent state legislation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Title 5, "Public Works", Chapter 56, "Stormwater", Section 56.04, "Definitions", be amended to read as follows: Sec. 56.04. DEFINITIONS. The following words, when used herein, shall have the meanings indicated, unless the context indicates otherwise: Act. Shall have the meaning set forth in Section 56.01 of this Chapter. Beneficial area. The geographical boundaries of the City, including all future annexations and consolidations. City. The City of Delray Beach, Florida, a municipal corporation. Commission. The City Commission of the City of Delray Beach, Florida, acting as the governing body of the City. Common Element. As may be defined by Fla. Stat. §'193.0235 and referenced in Section 56.16, a Common Element is: 1) Subdivision property not included within parcels which are intended to be conveyed or have been conveyed into individual ownership, which property is utilized exclusively for the benefit of parcel owners of such platted subdivision and are desiqnated on the plat or approved site plan as n Common Element for the exclusive benefit of parcel owners; 2) An easement throuqh the subdivision property, not includinq the properb/ described in paraqraph (1), which has been dedicated to the public use or retained for the benefit of the subdivision; 2) Any other part of the subdivision which has been desi.qnated on the plat or ix required to be desi.qnated on the site plan as a draina.qe pond, or detention or retention are, for the exclusive benefit of the subdivision. Consulting engineer. A qualified engineer or engineering firm licensed in the State of Florida and retained by the City to perform the acts and carry out the duties relating to the systems, as required by the City. Developed property. Any property with moro than seven (7) percent of impervious area on such property. Equivalent residential unit or ERU. The average square footage of impervious area for detached single-family residential units within the benefited area. An ERU is numerically equal to two thousand five hundred two (2,502) square feet of impervious area which represents five and seven-tenths (5.7) percent of one acre of land. Existing system. The City's stormwater system and facilities existing at the time of the enactment of this Chapter. Impervious area. An area which either prevents or retards the entry of water into the soil mantle. Common impervious areas include, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas and other surfaces which similarly impact infiltration and runoff, and would also include ponds and lakes or other bodies of water unless such property is classified nonassessed property. Nonassessed property. Public Rights-of-Way, lakes, rivers, and other bodies of water not utilizing or having a direct or indirect impact on the system, tax-exempt properties owned by religious organizations, and such other properties within the benefited area which may be determined by the Director to be exempt from the payment of the stormwater management assessment. 2 ORD. NO. -04 Nonresidential property. Any developed preperty which does not have as its major use a place of residence and is not classified as residential by the Palm Beach County Preperty Appraiser. Residential preperty. Any developed preperty which has the majodty use as a place of residence and is so classified by the Palm Beach County Property Appraiser. Stormwater management assessment. A nonad valorem assessment imposed by the city pursuant to this Chapter and F.S. Section 403.0893, as amended and supplemented, on all developed preperty which is not nonassessed preperty, and on all unimproved land which is not nonassessed preperty, in the benefited area in relation to each such preperty's estimated contribution of stormwater runoff to he system and the benefit derived frem the use of the facilities of the system, and the future imprevements to be funded frem stormwater management assessments. Such stormwater management assessment shall include a pre-rata cost of the operation and maintenance of the system, based on the same proportion of benefit assessed against each parcel within the benefited area. Surface water management permit. A South Florida Water Management District permit for surface water management facilities. System. The City's unified stormwater management system, as more particularly described in subsection 56.03(B) of this Chapter, and including management services such as designing, permitting, planning, and reviewing the stormwater related infrastructure; operation, maintenance, repair and replacement of the infrastructure; and the improvement or enhancement of the infrastructure related to the approved public facilities elements of the comprehensive growth management plan for the City. Unimproved land. (1) Any undeveloped land regardless of its zoning classification by the Palm Beach County property appraiser; and (2) Any developed property (other than a single-family residence) which has less than seven (7) percent of impervious area. Year. The City's fiscal year commencing on October 1 and continuing to and including the next succeeding September 30, or such other annual period as may be prescribed by law. Uniform collection method. The method to be utilized by the City for the year commencing October 1, 1991, and each year thereafter for the billing, collection and enforcement of the payment of the stormwater management assessments, as authorized 3 ORD. NO. -04 pursuant to F.S. Section 403.0893, as amended and supplemented, and F.S. Chapter 197, as amended and supplemented. Section 2. That Title 5, "Public Works", Chapter 56, "Stormwater', Section 56.16, "Establishment of Rates for Stormwater Management Assessments", be amended to read as follows: SECTION 56.16 ESTABLISHMENT OF RATES FOR STORMWATER MANAGEMENT ASSESSMENTS. (A) The rate of stormwater management assessments for each parcel within the benefited area, other than with respect to non-assessed property, shall be established each year by resolution of the Commission. Except as provided below, such rate resolution shall not be adopted prior to the establishment of an operational budget for the system for such next succeeding year prepared by the Director; and prior to the conducting of one or more rate hearings as required under applicable law. Such budget shall include, but not be limited to the estimated cost of planning and constructing additions, extensions and improvements to the system for such next succeeding year (the "capital element"); the debt service requirements for any obligations issued by the City (other than voter-approved general obligation debt) to finance or refinance additions, extensions and improvements to the system (the "debt service element"); and the cost of operation and maintenance of the system for such next succeeding year (the "O and M element"). The O and M element shall contain all outlays of the system determined to be necessary and proper by the City Manager, which will not be provided for in the capital element and debt service element of the operational budget. The rate hearings and rate resolution shall clearly establish what portion of the stormwater management assessment reflects the capital element, the debt service element, if any, and the O and M element. (B) The owner of each parcel (other than the owner of nonassessed property) within the benefited area, for which a stormwater management assessment is levied, shall be responsible for the payment thereof. However, the owner of the Common elements of a platted subdivision shall not be responsible for such payment. Instead, the assessment for Common Elements shall be prorated and included in the assessment of all the parcels within the subdivision, and the owners of such parcels shall be responsible for the payment thereof. (C) The rate of stormwater management assessments for the vadous classes of property (other than nonassessed property) within the benefited area shall be as follows: (1) Developed Property: (a) The annual stormwater management assessment for a single- family residential unit shall be the rate for one ERU, multiplied by one ERU, multiplied by 4 ORD. NO. -04 (12) plus the annual prorated share of the stormwater manaqement assessment for any Common Elements, if such single-family residential unit is within a platted subdivision with Common Elements. The assessment for Common Elements shall be determined in accordance with Sec. 56.16(C)(1)(d) for developed Common Elements, or Sec. 56.16(C)(2) for undeveloped Common Elements. The prorated share to be assessed against each residential unit within the subdivision is the sum of the annual assessments for all Common Elements within the subdivision, divided by the total number of pamels within the subdivision which are intended to be conveyed or have been conveyed into individual ownership. (b) The annual stormwater management assessment for a residential condominium unit shall be the rate for one ERU, multiplied by a numerical factor to be determined by dividing the total impervious area of the property (in square feet) by the impervious square footage per one (1) ERU, further divided by the number of condominium units and multiplied by twelve (12). (c) The annual stormwater management assessment for a single- owned multi-family residential property shall be the rate for one ERU, multiplied by a numerical factor to be determined by dividing the total impervious area of the property (in square feet) by the impervious square footage per one ERU, multiplied by 12. (d) The annual stormwater management assessment for developed non-residential property shall be the rate for one ERU, multiplied by a numerical factor to be determined by dividing the total impervious area of the property (in square feet) by the impervious square footage per one ERU, multiplied by 12. (2) Unimproved land. The annual stormwater management assessment for a parcel of unimproved land shall be the rate for one ERU, multiplied by a numerical factor to be determined by multiplying the total acres of such unimproved land by 1.2 ERU's, multiplied by 12. (D) All properties are subject to the rate classification contained with Sec. 56.16(C). However, some properties may be entitled to cumulative discounts. The discount rates are as follows: (1) Lake Worth Drainage District. All properties located within the Lake Worth Drainage District (LWDD), as defined by the LWDD boundary map, shall receive a twenty-five percent (25%) discount. (2) Privately Maintained Street Drainage Systems. All properties for which the City does not provide for the maintenance of street drainage systems shall receive a twenty-five percent (25%) discount. 5 ORD. NO. -04 For example, a residential property located within the Lake Worth Drainage District which is also served by a Private Street Drainage System, which is not City maintained, will be entitled to a twenty-five percent (25%) discount for being located within the Lake Worth Drainage District, plus an additional twenty-five pement (25%) discount (for a total of a fifty percent (50%) discount) because the property is served by a Private Strcct Drainage System, which is not maintained by the City. (E) The determination of impervious area and total area of a parcel shall be based on data from the Palm Beach County Property Appraiser's Office, Palm Beach County Board of County Commissioners Information Systems Services, geographical information system analysis provided by the City of Delray Beach, from aerial photographs, asbuilts, or from information provided by the owner of such parcel if the information, as set forth above, is found to be incorrect by clear and convincing evidence, as determined in the sole discretion of the Director. Information provided by an owner shall include, at his or her own cost, such information requested by the Director, including survey data certified by a professional land surveyor and/or engineering reports prepared by a professional engineer acceptable to the Director. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2004. ATTEST: MAYOR CITY CLERK First Reading Second Reading 6 ORD. NO. -04 Pa~ 1 of 1 Results BillNumber Subject HB 1721 Subdivision Property Date Last Action 07/11/03 ..Approved by Govemoc, Chapter NO. 2003-284 Disclaimer: The information on this syStem Is unverified. The Journals or printed bills of the respe chambers should be consult:ed for official purposes. Copyright © 2000-200! SI:ate of Flodda. ~ httP://www, myfloridahouse.com/BiHSearch.aspx?BN=1721 ~i~ ENROLLED HB 1721, F_n~ro~md 1 H O U S E O F R E P R E S E N T A T I V E 2oo3 L~re A bill to be entitled An act relating to subdivision property; amending s. 197.502, F.S.; increasing a tax deed application fee; providing notification to legal titleholders of contiguous property which is included in a tax certificate for unpaid taxes; requiring a county to notify the legal titleholder of property contiguous to land available for taxes prior to sale under certain circumstances; amending s. 197.582, F.S.; excluding certain persons as beneficiaries of certain undistributed remainder funds; amending s. 197.522, F.S.; requiring notification to certain persons when an application for a tax deed is made; providing for a statement to accompany such notice; prohibiting the assessment of ad valorem taxes and non-ad valorem assessments by certain entities against property constituting the common elements of a subdivision; requiring that the property appraiser prorate the value of ad valorem taxes and non-ad valorem assessments against easements and other common elements of a subdivision and include such prorated value among the lots within the subdivision conveyed or intended to be conveyed into private ownership; defining the term "common element.; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Page i of 8 CODING. Words ......... are detelJons, words underlined are addl[~ons. ~IR I D A ENROLLED HB17~l, En~m~I1 H O U 8 E O F R E P R E S E N T A T I V E 8 2003 Legis ure Section 1. Subsections (1) and (7) of section 197.502, Florida Statutes, are amended and paragraph (h) is added to subsection (4) of said section, to read= 197.502 Application for obtaining tax deed by holder of tax sale certificate; fees.-- (1) The holder of any tax certificate, other than the county, at any time after 2 years have elapsed since A~ril i of the year of issuance of the tax certificate and before the expiration of 7 years from the date of issuance, may file the certificate and an application for a tax deed with the tax collector of the county where the lands described in the certificate are located. The application may be made on the entire parcel of property or any part thereof which is capable of being readily separated from the whole. The tax collector shall be allowed a tax deed application fee of ~75 ~15. (4) The tax collector shall deliver to the clerk of the circuit court a statement that payment has been made for all outstanding certificates or, if the certificate is held by the county, that all appropriate fees have been deposited, and stating that the following persons are to be notified prior to the sale of the property= (h) Any legal titleholder of record of property that i. contiquous to the property described in the tax certificate, when the property described is either submer~ed l~nR or commn~ elements of a subdivision~ if the address of the titleholder ¢,' contiguous property appears on the record of conveyance of th. land to that legal titleholder. However, if the le~a] titleholder of property conti.~uous to the property described i,, Page 2 of 8 CODING: Wo~s ~ · ......... are ~let~o~, ~ords undedlned am addl~ons. ~R I D A H O U S E O F R E P R E $ E N T A T I V ENROLLED HB 1721, E~mssecl 1 2003 Legblatum the tax certificate is the same as the person to whom t~. property described in the tax certificate was assessed on tha tax roll for the year in which the property was last assessed~ the notice may be mailed only to the ~dress of the legal titleholder as it appears on the latest assessment roll. (7) On county-held certificates for which there are no bidders at the public sale, the clerk shall enter the land on a list entitled "lands available for taxes, and shall immediately notify the county commission and all other persons holding certificates against the land that the land is available. During the first 90 days after the land is placed on the list of lands available for taxes, the county may purchase the land for the opening bid. Thereafter, any person, the county, or any other governmental unit may purchase the land from the clerk, without further notice or advertising, for the opening bid, except that when the county or other governmental unit is the purchaser for its own use, the bOard of county commissioners may cancel omitted years, taxes, as provided under s. 197.447. ~f the county does not elect to purchase the land, the county must notif each 1 al titleholder of rD err conti ous to the land available for taxes, as provided in paragraph (4)(h), befoz. expiration of the 90-day period. Interest on the opening bid continues to accrue through the month of sale as prescribed by s. 197.542. Sect/on 2. Subsection (2) of section 197.582, Florida Statutes, is amended to read= 197.582 Disbursement of proceeds of sale.-- E Page 3 of 8 CODING: W0~s ~.~.=.~ ~e de~0~; w0~ undedl~d ~e ~d~0~. ~R I D A H 0 U 8 E 0 F R E P R E 8 E N T A T I ENROLLED HB 1721, Engrossed 1 (2) If the property is purchased for an amount in eXcess of the statutory bid of the certificateholder, the excess shall be paid over and disbursed by the clerk. If the property purchased is homestead property and the statutory bid includes an amount equal to at least one-half of the assessed value of the homestead, that amount shall be treated as excess and distributed in the same manner. The clerk shall distribute the excess to the governmental units for the payment of any lien of record held by a governmental unit against the property. In the event the excess is not sufficient to pay all of such liens in full, the excess shall then be paid to each governmental unit pro rata. If, after all liens of record of the governmental units upon the property are paid in full, there remains a balance of undistributed funds, the balance of the purchase price shall be retained by the clerk for the benefit of the persons described in s. 197.522(1) (a), except those person~ .described in s. 197.502(4} (h), as their interests may appear. The clerk shall mail notices to such persons notifying them of the funds held for their benefit. Any service Charges, at the same rate as prescribed in s. 28.24(13), and costs of mailing notices shall be paid out of the eXcess balance held by the clerk. Excess proceeds shall be held and disbursed in the same manner as unclaimed redemption moneys in s. 197.473. In the event excess proceeds are not sufficient to Cover the service charges and mailing costs, the clerk shall receive the total amount of excess proceeds as a service charge. Section 3. Subsection (2) of sect/on 197.522, Florida Statutes, is amended to read: Page 4 of 8 CODING: Words s~ am deletions; words ~nderlined am addifJo~. V E 8 F L ~R I D A H 0 U 8 E O F R E P R E $ E N T A T i V ENROLLED 197.522 made.-- Notice to owner when application for tax deed is (2)(a) In addition to the notice provided in subsection (1), the sheriff of the county in which the legal titleholder resides shall, at least 20 days prior to the date of sale, notify the legal titleholder of record of the property on which the tax certificate is outstanding. The original notice and sufficient copies shall be prepared by the clerk and provided to the sheriff. Such notice shall be served as specified in chapter 48; if the sheriff is unable to make service, he or she shall post a copy of the notice in a conspicuous place at the legal titleholder,s last known address. The inability of the sheriff to serve notice on the legal titleholder shall not affect the validity of the tax deed issued pursuant to the notice. A legal titleholder of record who resides outside the state may be notified by the clerk as provided in subsection (1). The notice shall be in substantially the following form: E 8 WARNING There are unpaid taxes on the property which you own. The property will be sold at public auction on ... (date) ... unless the back taxes are paid. To make arrangements for payment, or to receive further information, contact the Clerk of court at ... (address) ....... (telephone number) .... In addition, if the legal titleholder does not reside in the county in which the property to be sold is located, a copy of CODiNG:Words.,~.~." . ~age 5 of 8 .......... amdeleflons, words nde nedareadditlo . ENROLLED HB 1721, Engrossed 1 H 0 U 8 E O F R E P R E 8 E N T A T I V E 8 such notice shall be posted in a conspicuous place on the property by the sheriff of the county in which the property is located. However, no posting of notice shall be required if the property to be sold is classified for assessment purposes, according to use classifications established by the department, as nonagricultural acreage or vacant land. (b) In addition to the notice provided in subsection (1), the clerk shall notify by certified mail with'return receip! requestedf or by reqistered mail if the notice is to be seat outside the continental United States, the persons listed in th~ tax collector's statement pursuant to s. 197.502(4) (h) that application for a tax deed has been made. Such notice shall mailed at least 20 days prior to the date of sale. If no addres is listed in the tax collector,s statement, then no notice shall be required. Enclosed with the copy of the notice shall be ' statement in substantially the following form: WARNING There are unpaid taxes on property conti.quous to you, property. The property with the unpaid taxes will be sol,] at auction on ... (date) ... unless the back taxes ar.. paid. To make payment, or to receive further informatio,, about the purchase of the propertyf contact the clerk ¢,f court immediately at ... (address) ..., ... number) .... Page 6 of 8 CODI · · NG. Words ....... n are deletions, wonJs underlined are additions. ENROLLED HB 1721, Engrossed I H O U S E O F R E P R E 8 E N T A T I V E 8 Neither the failure of the tax collector to ~nclude the list of contiguous property owners pursuant to s. 197.502(4)(h) in hi~ or her statement to the clerk nor the failure of the clerk to mail this notice to any or all of the persons listed in the collector's statement pursuant to s. 197.502(4) (h) shall be n basis to challenge the validity of the tax deed issued pursuant to any notice under s. 197.522 Section 4. Ad valorem taxes and non-ad valorem assessmentn aqainst subdivision property.-- (1) Ad valorem taxes and non-ad valorem assessments be assessed against the lots within a platted residential subdivision and not upon the subdivision property as a whole. An ad valorem tax or non-ad valorem assessment~ incl~ a tax or assessment imposed by a countyt municipalityt special district, or water management district~ may not be assessed separately against common elements utilized exclusively for the b~efit o~ lot owners within the subdivisiont regardless of o~nership. Thn value of each parcel of land that is or has been part of ~ platted subdivision and that is desiqnated on the plat or th~ approved site plan as a common e~em_~nt for the exclusive benefit of lot owners shall, reRardless of ownership, be prorated by thn property appraiser and included in the assessment of all lots within the subdivision which constitute inventory for developer and are intended to be conveyed or have been conveyed into private ownership for the exclusive benefit of lot owners within the subdivision. (2) As used in this section~ the term "common element', includes: Page 7 of 8 CODING:Wordsst~,k~amde~;wo~sunde~nedareaddilJo~. (~R I D A ENROLLED HB 1721, Engrossed 1 HouSE OF REPRESENTATIVES (a) subdivision property not included within lots constitutinq inventor~ for the developer which are intended to be conveyed or have been conveyed into private ownership. (b} An easement throuqh the subdivision property, no~ includin~ the property described in paraqraph (a) f which has been dedicated to the public or retained for the benefit of the subdivision. (c) Any other part of the subdivision which has been desiqnated on the plat or is re~ired to be desiccated on th~ site plan as a drainaqe 9o~ or detention or retentionpond~ for the exclusive benefit of the subdivision. Section 5. This act shall take effect January 1, 2004. Page 8 of 8 CODiNG:Wo~s~k~ede~ns;wo~nde~da~add~. CiTY OF DELRAY BEACH, FLORIDA NOTICE OF PUBLIC HEARING STORMWATER MANAGEMENT JULY 20, 2004 AT 7.00 P.M. OELRAY BEACH CITY HALL- COMMISSION CHAMBERS CllY OF DE!.P,A¥ BEACH, FI_OBIDA lOO