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

Question 1

Who can create MSTU-MSBU?

Answer 1

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

Question 2

Can it reach into City?

Answer 2

Sure, if:
1) Benefits them (can’t just bene unincorp.) &
2) Muni approves w/ ordinance.

Question 3

How create MSTU/BU?

Answer 3

Ordinance.

Question 4

Does County need electors approval to impose a spec assessment?

Answer 4

Not unless it is raising the millage.

Question 5

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

Answer 5

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.

Question 6

Can MSTU/BU reach into a City?

Answer 6

Yes w/ muni ordinance consenting.

Question 7

What is MSTU/BU? What is it not?

Answer 7

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

Question 8

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

Answer 8

MSTU can.

Question 9

How are MSTU/BU services paid for?

Answer 9

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

Question 10

What are MSTU/BU for?

Answer 10

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

Question 11

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

Answer 11

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

Question 12

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

Answer 12

For:
1) County purposes
2) Muni servs w/i MSTU.

Question 13

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

Answer 13

It doesn’t say - just says spec assessment.

Question 14

What type of charge is MSTU or MSBU?

Answer 14

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)

Question 15

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

Answer 15

153.05
10 day notice, public hearing.

Question 16

How are w/ww spec assessments apportioned?

Answer 16

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

Question 17

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

Answer 17

Yes - w/ 10 days notice. 153.05

Question 18

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

Answer 18

197.3631, supplemental to 125

Question 19

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

Answer 19

197.3631, supplemental to 166 + 125

Question 20

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?

Answer 20

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.

Question 21

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

Answer 21

4 wks before PH for UMC.
———–
See FS 197.3632

Question 22

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

Answer 22

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

Question 23

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

Answer 23

Jan - Sept.

Question 24

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

Answer 24

20 days.
———–
See FS 197.3632
~not sure about this one. i think use adopted resolution.

Question 25

Summarize the 3 timelines for spec assessments for capital projects
(1) Adopting UMC vs.
(2) Using UMC vs.
(3) Not using UMC.

Answer 25

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.

Question 26

Re: LG wants to use UMC to collect its new capital project spec assessment.
1) What is procedure?
2) What kind of notice?

Answer 26

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)

Question 27

s

How much time for notice must LG give to pass ordinance to use UMC?

Answer 27

s

4 weeks.