This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1049d.SAC
DATE: 2/4/2022
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #: CS/HB 1049 Trailer Estates Fire Control District, Manatee County
SPONSOR(S): Local Administration & Veterans Affairs Subcommittee, Gregory
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration & Veterans Affairs
Subcommittee
14 Y, 0 N, As
CS
Mwakyanjala Miller
2) Ways & Means Committee 15 Y, 0 N LaTorre Aldridge
3) State Affairs Committee Mwakyanjala Williamson
SUMMARY ANALYSIS
Trailer Estates Fire Control District (TEFCD) was created by special act in 1963. TEFCD serves Trailer
Estates, a deed restricted community located in Bradenton.
On November 2, 2021, the electors in TEFCD voted to abolish and dissolve TEFCD and transfer the real and
personal property of the district to the Trailer Estates Park and Recreation District.
The bill repeals ch. 2005-350, Laws of Florida, abolishes TEFCD, and transfers all assets and legitimate
liabilities to the Trailer Estates Park and Recreation District.
The Economic Impact Statement filed with the bill indicates it will have a cost of $168,000 for fiscal year 2021-
2022 and a revenue impact of ($94,635) for fiscal year 2022-23.
STORAGE NAME: h1049d.SAC PAGE: 2
DATE: 2/4/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Independent Special Fire Control Districts
An independent special fire control district is a type of independent special district
1
created by the
Legislature for the purpose of providing fire suppression and related activities within the territorial
jurisdiction of the district.
2
Chapter 191, F.S., the “Independent Special Fire Control District Act (Act),”
provides standards, direction, and procedures for greater uniformity in the operation and governance of
these districts, including financing authority, fiscally-responsible service delivery, and election of
members to the governing boards for greater public accountability.
3
The Act controls over more specific
provisions in any special act or general law of local application creating an independent fire control
district’s charter.
4
The Act requires every independent fire control district be governed by a five-member
board
5
and provides for:
General powers;
6
Special powers;
7
Authority and procedures for the assessment and collection of ad valorem taxes;
8
Authority and procedures for the imposition, levy, and collection of non-ad valorem
assessments, charges, and fees;
9
and
Issuance of district bonds and evidences of debt.
10
As a type of independent special district,
11
independent special fire control districts are also subject to
applicable provisions of ch. 189, F.S., the “Uniform Special District Accountability Act.”
12
An independent special district only possesses the powers granted by the authorizing law.
13
Therefore,
any boundary expansion must be approved by the Legislature.
14
A special district may not levy ad
valorem taxes without approval by the affected voters in a referendum.
15
1
A “special district” is a local government unit of “special purpose, as opposed to general purpose, operat[ed] within a
limited boundary and created by general law, special act, local ordinance, or by rule of the Governor and Cabinet.” S.
189.012(6), F.S. An “independent special district” is any special district that is not a “dependent special district,” which is
defined as a special district in which: the membership of the governing body is identical to the governing body of a single
county or municipality, all members of the governing body are appointed by the governing body of a single county or
municipality, members of the special district’s governing body are removable at will during their unexpired terms by the
governing body of a single county or municipality, or the district’s budget is subject to the approval of the governing body
of a single county or municipality. See S. 189.012(3), F.S.
2
S. 191.003(5), F.S.
3
S. 191.002, F.S.
4
S. 191.004, F.S. Provisions in other laws pertaining to district boundaries or geographical sub-districts for electing
members to the governing board are excepted from this section. Id.
5
S. 191.005(1)(a), F.S. A fire control district may continue to be governed by a three-member board if authorized by
special act adopted in or after 1997.
6
S. 191.006, F.S. (such as the power to sue and be sued in the name of the district, the power to contract, and the power
of eminent domain).
7
S. 191.008, F.S.
8
S. 191.006(14); 191.009(1), F.S.
9
Ss. 191.006(11), (15), 191.009(2)-(4), 191.011, F.S.
10
S. 191.012, F.S.
11
S. 191.014(1), F.S., providing that new districts are created by the Legislature pursuant to s. 189.031, F.S.
12
S. 189.031, F.S.
13
Bd. of Comm’rs of Jupiter Inlet Dist. v. Thibadeau, 956 So. 2d 529, 531 (Fla. 4th DCA 2007). See also Halifax Hospital
Medical Center v. State of Fla., et al., 278 So. 3d 545, 547 (Fla. 2019).
14
S. 191.014(2), F.S. (“The territorial boundaries of [an independent special fire control] district may be modified,
extended, or enlarged with the approval or ratification of the Legislature.”).
15
Art. VII, s. 9(b), Fla. Const. STORAGE NAME: h1049d.SAC PAGE: 3
DATE: 2/4/2022
Trailer Estates Fire Control District
Trailer Estates Fire Control District (TEFCD) was created by special act in 1963
16
and serves the
community of Trailer Estates, a deed restricted community.
17
TEFCD is administered by a board of five
commissioners.
18
The charter of TEFCD does not provide ad valorem taxing authority separate from that provided in
statute.
19
TEFCD is authorized to levy special assessments against taxable real estate lying within its
territorial boundaries.
20
TEFCD had an assessment rate of $78.60 for fiscal year (FY) 2021-2022.
21
On November 2, 2021, the electors in Trailer Estates voted to abolish and dissolve TEFCD and transfer
the real and personal property of TEFCD to the Trailer Estates Park and Recreation District, effective
September 30, 2022.
22
Trailer Estates Park and Recreation District currently has no authority to provide
fire protection and prevention services within the Trailer Estates community served by TEFCD.
23
To
include the area of TEFCD within a different fire control district requires a vote of the qualified electors
within the area approving the imposition of the new district’s ad valorem taxes.
24
Effect of the Bill
The bill repeals ch. 2005-350, Laws of Florida, abolishing TEFCD, and transfers all assets and
legitimate liabilities to the Trailer Estates Park and Recreation District. The Economic Impact Statement
filed with the bill indicates it will have a cost of $168,000 for FY 2021-2022 and a revenue impact of
($94,635) for FY 2022-23.
B. SECTION DIRECTORY:
Section 1: Repeals ch. 2005-350, Laws of Florida.
Section 2: Abolishes Trailer Estates Fire Control District and transfers all assets and legitimate
liabilities of TEFCD to the Trailer Estates Park and Recreation District.
Section 3: Provides an effective date of September 30, 2022.
II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS
A. NOTICE PUBLISHED? Yes [X] No []
IF YES, WHEN? November 23, 2021.
16
Ch. 63-1587, Laws of Fla. Ch. 2005-350, Laws of Fla., codified all special acts relating to Trailer Estates Fire Control
District and provided a single, comprehensive charter for the district.
17
Trailer Estates Park & Recreation District, About Us, available at https://www.trailerestates.com/about-us/ (last visited
on January 27, 2022).
18
Ch. 2005-350, s. 3, Laws of Fla.
19
Ch. 2005-350, Laws of Fla. No taxing power is explicitly stated in the charter other than the intent of TEFCD to be an
independent special taxing district and its power to levy special assessments against taxable real property lying within its
territorial bounds. Ch. 2005-350, ss. 1 and 7(1), Laws of Fla. See also s. 191.009(1), F.S., authorizing fire control districts
to levy ad valorem taxes not exceeding 3.75 mills.
20
Ch. 2005-350, s. 7(1), Laws of Fla.
21
Trailer Estates Fire Control District, Fiscal Year Budget October 1, 2021 to 9/30/2022, available at
https://www.tefiredept.com/wp-content/uploads/2021/03/2021-2022Budget.pdf (last visited on January 27, 2022).
22
Manatee County, School Board/Municipal Elections, November 2, 2021 Sample Ballot, available at
https://www.votemanatee.com/Portals/Manatee/Documents/2021%20Generic%20Sample%20Ballot%20Final.pdf?ver=9D
m1LEBI8_7EkZjbcGlUSQ%3d%3d (last visited on January 27, 2022). See also Manatee County, Supervisor of Elections,
2021 School Board and Municipal Elections. 410 voters voted “Yes” (93.82%) and 27 voters voted “No” (6.18%). Results
available at https://enr.electionsfl.org/MAN/3077/Summary/ (last visited on January 27, 2022).
23
Ch. 2002-361, Laws of Fla.
24
Art. VII, s. 9(b), Fla. Const. STORAGE NAME: h1049d.SAC PAGE: 4
DATE: 2/4/2022
WHERE? The Bradenton Herald, a daily newspaper published in Manatee County, Florida.
B. REFERENDUM(S) REQUIRED? Yes [] No [X]
IF YES, WHEN?
C. LOCAL BILL CERTIFICATION FILED? Yes [X] No []
D. ECONOMIC IMPACT STATEMENT FILED? Yes [X] No []
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
None.
B. RULE-MAKING AUTHORITY:
The bill does not provide rulemaking authority or require executive branch rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 25, 2022, the Local Administration & Veterans Affairs Subcommittee adopted one amendment and
reported the bill favorably as a committee substitute. The amendment authorizes the Trailer Estates Park and
Recreation District as the recipient of the assets and legitimate liabilities of the dissolved Trailer Estates Fire
Control District.
This analysis is drafted to the committee substitute adopted by the Local Administration & Veterans Affairs
Subcommittee.