SpA v. T v. U -- FIN from HR Flashcards
What are the 2 requirements to be a special assessment?
(1) Property recs special benefit.
(2) Assessment was fairly apportioned
If fail as a special assessment, what is it?
A tax.
What secures an assessment?
LG gets a lien on the property that can be foreclosed.
What provides extra security?
Bill your non-AV assessment on the tax bill.
Can enforce thru issuing tax certificates.
User fees are directly imposed by who?
Munis + Charter counties.
User fees are indirectly imposed by who?
Non-charter counties thru MSTUs + MSBUs.
Define a user fee.
A fee for voluntarily purchased services which benefit the specific individual to the exclusion of non-feepayers
Must the recipient of the service actually use it?
No.
Ex. reclaimed water.
What service is excluded as a user fee?
General governmental services, ex. upkeep of public roads.
What are PILOT agreements?
Pilots are not sovereigns imposing taxes.
———–
(1) Imposed under the proprietary powers of govt (not sovereign right) and
(2) Not invalid as taxes.
Special assessment bonds are not payable from AV taxes and are considered revenue bonds for purposes of the constitutional referendum requirement.
TRUE
MULTIPLE CHOICE ----------- Authority for a charter county to levy special assessments and issue bonds secured by a pledge of such special assessments is found in: (a) Chapter 125, Florida Statutes (b) Chapter 170, Florida Statutes (c) Home Rule Powers (d) all of the above
COUNTIES
(a) Ch 153 - spec ass + bonds for water/ww
(b) Ch 125 - pass ordinance
(c) Ch 166 - pass ordinance Home Rule [Chrt: not inconst/N-C: as provided]
MUNIS
(a) Ch 170 - city for
(a) Roads, provide lighting, signage, mass transit
(b) Swales, culverts, drainage
(c) Sewer, water supply, utilities,
(d) Parks
(e) Seawall
(b) Ch 166 - Home Rule - pass Ordinance.
[govtl, corp, proprietary pwrs to conduct govt, perform functions + service, an exercise any pwr for municipal purposes except as otherwise provided by law.]
———-
197.3632 place on tax bill
Chapter 170, Florida Statutes, is the only method by which cities and counties may levy special assessments and issue special assessment bonds.
COUNTIES
(a) Ch 153 - spec ass + bonds for water/ww
(b) Ch 125 - pass ordinance
(c) Home Rule [Chrt: not inconst/N-C: as provided]
MUNIS (a) Ch 170 - city for water/ww (b) Home Rule - pass Ordinance. [govtl, corp, proprietary pwrs to conduct govt, perform functions + service, an exercise any pwr for municipal purposes except as otherwise provided by law.] ---------- 197.3632 place on tax bill
Under which statutory authority can Munis impose a special assessment?
SPECIAL ASSESSMENT
(1) Ch 166 - Home Rule -
(a) Ordinance.
(b) spec bene
(c) fair apportion
(2) Ch 170 - [Resolve to take the lit road to the park, take the draining sewer to the sea] ---------- (a) Resolution (b) Roads, Parking, Lighting, signage, mass transit (c) Parks (d) Sewer, water supply, utilities, (e) Swales, culverts, drainage (f) Seawall
State 5 places authority is found for Charters can impose a spec assessment.
What is the practical result to their authority?
(1) Insert into Charter. & Same as non-charter counties: (2) HR, (3) MSBU, (4) W/WW, (5) Cap Proj. -- Unlimited pwr, so long as not inconsistent w/ gen law.
