125(1)(r) - Muni Functs, MSTU/BUs Flashcards

1
Q

Who can create MSTU-MSBU?

A
ESSENTIAL MUNI FUNCS
-----------
County.

Cities pwr to tax 10 mills (except on intang pers prop) comes from 166.
~~~

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2
Q

Can it reach into City?

A
MSTU - BU
-----------
Sure, if:
1)  Benefits them (can't just bene unincorp.) & 
2)  Muni approves w/ ordinance.
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3
Q

How create MSTU/BU?

A

Ordinance.

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4
Q

Does County need electors approval to impose a spec assessment?

A

Not unless it is raising the millage.

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5
Q

125(1)(q) gives counties what 2 powers?

A
ESSENTIAL MUNI FUNCS
-----------
This gives County the power to 
1)  Create MSTU/BUs in unincorp. area & w/i City if it consents & 
2)  pay for them w/ taxes.
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6
Q

Can MSTU/BU reach into a City?

A

Yes w/ muni ordinance consenting.

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7
Q

What is MSTU/BU? What is it not?

A

Mechanism for raising money w/o referendum..
———–
It is not a special district. It is not a unit of govt.

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8
Q

Can MSTU/BU be paid via A-V taxes?

A

MSTU can.

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9
Q

How are MSTU/BU services paid for?

A

Special charges, special assessments & taxes w/i the unit only.

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10
Q

What are MSTU/BU for?

A

Essential muni functions - fire, sewer, parks, water, indigent healthcare.

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11
Q

125(1)(r) gives Counties what 2 powers to charge its citizens money?

A

ESSENTIAL MUNI FUNCS

(1) Spec assessments
(2) MSTU for County purps & for muni services — SO LONG AS parcel doesn’t exceed 10 mills.

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12
Q

Per 125.01(1)(r), for what purposes may a county impose a tax?

A
ESSENTIAL MUNI FUNCS
-----------
For:
1)  County purposes
2)  Muni servs w/i MSTU.
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13
Q

For what purposes may a county impose a spec assessment pursuant to 125.01(1)(r)?

A

It doesn’t say - just says spec assessment.

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14
Q

What type of charge is MSTU or MSBU?

A

User fee.
User fees are directly imposed by Charters & Munis. (FS 166.201)
User fees are indirectly imposed by Non-C Counties via MSTU & MSBU. (FS Ch. 125)

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15
Q

Which statute permits counties to impose special assessments for water/wastewater?

A

153.05
10 day notice, public hearing.

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16
Q

How are w/ww spec assessments apportioned?

A

Parcels abutting the improvement, charged by frontage or other fair method.

17
Q

Must Bd have a public hearing for a w/ww special assessment?

A

Yes - w/ 10 days notice. 153.05

18
Q

What statute permits counties to impose special assessments for capital projects?

A

CAPITAL PROJECTS

  1. 3631, supplemental to 125
19
Q

What statute permits cities + counties to impose special assessments for capital projects on the tax roll via UMC?

A

CAPITAL PROJECTS

  1. 3631, supplemental to 166 + 125
20
Q

Re: LG gave 4 wks notice & passed a resolution electing to use UMC for capital projects special assmts. It now wants to adopt the tax roll.

1) When have PH?
2) What 4 reasons?
3) What kind of notice?

A
Jan - Sept.
-----------
1)  spec ass imposed for 1st time
2) increased beyond permissible
3)  LG's boundaries have changed
4)  purpose has changed.
-----------
20 days notice mailed + published for hrg to adopt tax roll.
-----------
~confirmed.  See FS 197.3632 ~~re-confirmed.
21
Q

What if LG wants to use UMC for the 1st time, what kind of notice is required?

A
CAPITAL PROJECTS
-----------
4 wks before PH for UMC.
-----------
See FS 197.3632
22
Q

If LG wants to use UMC for 1st time, what’s the timeline?

A
If want to use uniform method of coll:
4 wks notice for PH
before 12/1 - pass resolution
01/10 - notice tax coll, prop app + Dept
06/01  - tax coll provides legal desc
09/15 - Bd certifies roll
12/15 - tax assessor provides data
23
Q

What time of year can you pass a new spec ass collected via UMC?

A

Jan - Sept.

24
Q

What if NOT using UMC & 1 of the 4 conditions is present requiring a PH , what kind of notice is required?

A
CAPITAL PROJECTS
-----------
20 days.
-----------
See FS 197.3632
~not sure about this one.  i think use adopted resolution.
25
Q
CAPITAL PROJECTS
-----------
Summarize the 3 timelines for spec assessments for capital projects 
(1)  Adopting UMC vs. 
(2)  Using UMC vs.
(3)  Not using UMC.
A

If using UMC for 1st time - 4 wks not + PH
———–
If using adopted UMC (a) 1st time for spec ass, (b) purpose changed, (c) increase beyond permissible, (d) LG borders change —- PH w/ 20 days notice.
———–
If not using - follow your ordinance.

26
Q
CAPITAL PROJECTS
-----------
Re:  LG wants to use UMC to collect its new capital project spec assessment.
1)  What is procedure?
2)  What kind of notice?
A
CAPITAL PROJECTS
-----------
1)  Before Jan.
2)  Pro:
(a)  Adopt resolution.
(b)  Publish resolution.
(c)  For 4 weeks.
(d)  If adopted, by Jan. 10 LG mails to 
-1-   Prop App.
-2-  Tax collector
-3-  DOR.
---
~ FS 197.3632(3)