§ 12-182. Governing body.

(a)

The governing body for the Rainbow Lakes Estates Municipal Service Benefit Unit for Fire Protection and Community Resource Facilities shall be the board of county commissioners.

(b)

The governing body of the Rainbow Lakes Estates Municipal Service Benefit Unit for Fire Protection and Community Resource Facilities is empowered:

(1)

To sue and be sued in the name of the unit.

(2)

To adopt and use a seal and authorize use of a facsimile thereof.

(3)

To acquire the name of the Rainbow Lakes Estates Municipal Service Benefit Unit for Fire Protection and Community Resource Facilities by purchase, gift or the exercise of the right of eminent domain, such lands and rights and interest therein, including lands under water and riparian rights, and to acquire such personal property as it may deem necessary in connection with furnishing of services authorized by this article and to hold and dispose of all real and personal property under its control; provided, however, nothing herein contained shall authorize the power of eminent domain to be exercised beyond the limits of the benefit unit.

(4)

To make and execute contracts and other instruments necessary or convenient to the exercise of its powers.

(5)

To employ and fix the compensation of employees of the unit.

(6)

To authorize compensation for the members of the Rainbow Lakes Estates Municipal Service Benefit Unit for Fire Protection and Community Resource Facilities for per diem, travel and other reasonable expenses for meetings, hearings and other official business, consistent with section 112.061, Florida Statutes.

(7)

To contract for the services of engineers, attorneys, accountants, financial or other consultants and such other agents as the board of county commissioners may require or deem necessary to accomplish the purpose of the unit.

(8)

To borrow money and accept gifts; to convey real or personal property; to apply for and use grants or loans of money or other property from the United States, the state, a local unit of government or any other person for any unit purposes of the Rainbow Lakes Estates Municipal Service Benefit Unit for Fire Protection and Community Resource Facilities and to enter into agreements required in connection therewith; and hold, use and dispose of such moneys or property for any unit purposes in accordance with the terms of the gift or grant, loan, or agreement relating thereto, subject to state law applicable to noncharter county government.

(9)

To acquire, construct, operate, maintain, equip, improve, extend, enlarge or improve capital projects within or without the Rainbow Lakes Estates Municipal Service Benefit Unit for Fire Protection and Community Resource Facilities to perform the specialized public functions or services herein provided.

(10)

To maintain an office at such place or places as it may designate within or without the benefit unit.

(11)

To adopt by-laws, rules and regulations, resolutions and orders for its own government proceedings.

(12)

To make use of any public easements, dedications to public use, plat reservations for specific public purposes within the boundaries of the Rainbow Lakes Estates Municipal Service Benefit Unit for Fire Protection and Community Resource Facilities for those purposes authorized by the unit.

(13)

To lease as lessor or lessee to or from any person, firm, corporation, association or body, public or private, any projects of the type that the Rainbow Lakes Estates Municipal Service Benefit Unit for Fire Protection and Community Resource Facilities is authorized to undertake, and facilities or properties of any nature for the use of the unit to carry out any of the purposes of this article as now in effect or hereafter amended.

(14)

To borrow money and issue bonds, certificates, warrants, notes or other evidences of indebtedness as hereinafter provided; to levy such tax as may be authorized; and to establish a budget and a fiscal year.

(15)

To issue general obligation bonds, revenue bonds, special assessment bonds or combinations thereof to finance the cost of capital improvements projects authorized by this article as now in effect or hereafter amended; the procedure for issuing such revenue or assessment bonds or the levying of special assessment shall be in the manner provided by law.

(16)

To levy and assess per parcel special assessments authorized by law at a base rate of fifteen dollars ($15.00) per unimproved parcel and a base rate of thirty dollars ($30.00) per improved parcel to pay the cost of providing fire protection services. In addition to the above base rates, the board is authorized to levy assessments to pay the cost of providing fire protection services not to exceed:

a.

As to unimproved real property:

1.

Unimproved parcels three (3) acres or less in size may be assessed a maximum of thirty-two dollars ($32.00) per parcel.

2.

Unimproved parcels in excess of three (3) acres in size may be assessed the amount provided for in paragraph (1) above plus an additional assessment of up to forty-six cents ($.46) per acre for each acre, or fractional part thereof, over three (3) acres.

b.

As to improved real property:

1.

Residential improved parcels. Any residential improved parcel having less than two thousand (2,000) square feet under roof of all structures located thereon, including accessory buildings, may be assessed a maximum rate of ninety-one dollars and fifty-one cents ($91.51) per parcel. All other residential improved parcels may be assessed the rate provided for above, plus an additional assessment not to exceed twenty-seven dollars and forty-five cents ($27.45) for each additional increment of one thousand (1,000) square feet under roof, or fractional part of such increment.

In addition to the maximum rates provided for above, all residential improved parcels in excess of three (3) acres in size may be assessed an additional amount of up to forty-six cents ($.46) for each additional acre, or fraction thereof, over three (3) acres.

2.

Nonresidential improved parcels.

i.

Any nonresidential improved parcel having ten thousand (10,000) square feet or less under roof of all structures located thereon, including accessory buildings, may be assessed a maximum rate of five hundred forty-nine dollars and five cents ($549.05) per parcel.

ii.

Any nonresidential improved parcel having an excess of ten thousand (10,000) square feet under roof of all structures located thereon, including accessory building, may be assessed the amount provided for in paragraph 2i., above, plus an additional assessment of two hundred seventy-four dollars and fifty-two cents ($274.52) for each additional increment of ten thousand (10,000) square feet under roof, or fractional part of such increment.

iii.

In addition to the maximum base rates provided for above, all nonresidential improved parcels in excess of three (3) acres in size may be assessed an additional amount of up to forty-six cents ($.46) for each additional acre, or fraction thereof, over three (3) acres.

3.

Mobile home parks. Any parcel which is used as a mobile home or recreational vehicle park may be assessed a maximum rate of seventeen dollars and fifty-three cents ($17.53) per approved space, whether such space is occupied or not.

The board is also authorized to levy and assess per parcel assessments authorized by law not to exceed twenty dollars ($20.00) per parcel, whether improved or unimproved for the 1991 tax year, and five dollars ($5.00) per parcel thereafter, to pay the costs of providing community resources facilities.

c.

Definitions. For purposes of this section, the following definitions shall apply:

1.

Parcel. Real property which has a separate parcel account number on the tax rolls of the county.

2.

Improved parcel. Any parcel upon which a structure requiring a building permit has been erected prior to the first day of January of any year.

3.

Unimproved parcel. Any parcel which is not an improved parcel as defined above.

4.

Residential improved parcel. Any parcel upon which is located any house, mobile home or other habitable structure containing four (4) or fewer living units with independent cooking and bathroom facilities. Any parcel upon which is located a structure primarily used for transient lodging, such as a hotel, motel, or inn, shall not be deemed a "residential improved parcel," regardless of the number of independent cooking and bathroom facilities.

5.

Nonresidential improved parcel. Any parcel of real property which is neither an "unimproved parcel" nor a "residential improved parcel," nor a "mobile home and recreational vehicle park."

6.

Accessory building. A separate detached structure which serves an accessory use to the main use of the property; such as, by way of example, a separate garage or storage building.

7.

Mobile home park. Any parcel which has received a permit from the State of Florida Department of Environmental Health for use as a mobile home park.

(17)

To contract with municipalities, cities, towns, counties, or other political subdivisions, public corporations or persons to provide or receive such specialized public functions or services.

(18)

To provide for by resolution an advisory council and appoint its members or provide for an election of its members voted on by the registered electors residing in the Rainbow Lakes Estates Municipal Service Benefit Unit for Fire Protection and Community Resource Facilities. The composition of such council and the term of office for its members shall be set forth in the resolution providing for the advisory council.

(Ord. No. 85-23, §§ 1, 3, 12-17-85; Ord. No. 90-29, §§ 1, 3, 12-4-90; Ord. No. 95-27, § 1, 8-1-95; Ord. No. 01-17, § 1, 8-7-2001; Ord. No. 02-15, § 1, 6-18-2002)

State law reference

Board of county commissioners to be governing body, F.S. § 125.01(2).