Fort Walton Beach Council agenda — 06-22-2010 Regular — reading text

the methodology used to calculate the fees charged for the use or estimated use of such services. Section 235. 2 6 ( 1) ,, F. S. ( 1990 Supp .) , in part, provides: All public educational and plants board ancillary constructed by a are exempt from all other state, county, district, municipal, or local build= ing interpretations, building codes, permits, and assessments of fees for building permits, ordinances, and impact fees or service availability fees." This office has stated previously that s. 235. 26( 1), F. S., exempts all educational facilities constructed by a district school board from state and loc= al government impact fees or service availability fees.[ 5] " Impac=t or service availability fees" is defined as a] fee, tax, user charge or assessment imposed by a municipality or other governmental agency for: a) The privilege of connecting to a system for which there is no immediate specific: requirement for a capital improvement, expansion or installation at. the utility source necessitated by the connection; or b) An assessment imposed on board -owned property for the installation of: a contiguous utility line except for that length and size of line actually needed to service the educational or ancillary plant: on. that site; or c) For an intangible service which is not established clearly at a cost. " [ 6] myfloridalegal .com /.../ 39979:1FBDC,E637... 170 Council Meeting, June 22, 2010  6/ 16/ 2010 Advisory Legal Opinion - Stormwater Ut... In Loxahatchee River Environmental Control District v. School Board of Palm Beach County,[ 7] the district court considered whether a service availability charge could be imposed the standby upon school district. Looking to the definition of " impact or service availability fees" contained in Rule 6A- 2. 01( 45). F .A .C . , [ 8] the court concluded that the charge, which once paid entitled the board to tie into the system and which was not for present services or present use of facilities, was in the nature of an impact or service availability fee from which the board would be exempt.[ 9] Based upon the analysis in the foregoing case, it does not appear that the fee recurring calculated by the estimated use of the stormwater system has the characteristics of an impact or service availability fee. Accordingly, the City St. is of Petersburg authorized to charge stormwater utility user fees pursuant to s. 403. 0893( 1), F. S., which, if not imposed as an impact or service availability fee contemplated by s. 235. 2 6 ( 1) , F. S. ( 1990 Supp .) , may be imposed upon a school district. Sincerely, Robert A. Butterworth Attorney General RAB / tls 1] Section 197. 363, F. S., provides that special assessments authorized by general or special law or the State Constitution may be collected in the manner as provided for ad valorem taxes under Ch. 197, F. S. 2] See, AGO 77 - 94 ( community college is not exempt from payment of contractual franchise charge imposed by a municipality upon a public utility, separately stated on a bill to utility customers, as such fee represents its proportionate share of such fee or operating cost as a part of the total charges for utility services provided to and received by the community college); AGO 70 - 56 state agencies required to pay franchise fee imposed by a municipality on telephone company which, pursuant to Public Service Commission regulations, passed such fee onto its customers as an increase in telephone service charges). 3] See, s. 3, Art. VII, State Const., that "[ providing s] uch portions of property as are used for predominantly educational, literary, scientific, religious or charitable purposes may be myfloridalegal .com/.../ 399791FBDOE637... 171 Council Meeting, June 22, 2010  6/ 16/ 2010 Advisory Legal Opinion - Stormwater Ut... exempted by general law from taxation. And see, s. 196. 198, F. S., educational institutions within this state and their property used exclusively for educational purposes exempted from taxation) and s. 196. 199 ( 1) ( c) , F. S. ( all property of political subdivisions and municipalities of this state or of entities created by general or special law and composed entirely of governmental agencies which is used for governmental, municipal, or public purposes exempted from ad valorem taxation, except as law). otherwise provided by 4] See, AGO' s 77 - 94, 76 - 137 and 74 - 390. 5] See, AGO 84 - 1.1 ( s. 235. 26[ 1], F. S., Ch. 81 - 223, as amended by Laws of Florida, exempts all educational facilities constructed by district school boards from all state, county, district or municipal impact fees or service availability fees). 6] Rule 6A- 2. 001( 48), F. A. C. 7] 496 So. 2d 930 ( 4 D. C. A. Fla., 1986), approved, 515 So. 2d 217 Fla. 1987) . 8] Renumbered as Rule 6A- 2. 001( 48), F. A. C. 9] 496 So. 2d at 935. myfloridalegal .com/.../ 39979:LFBDOE637... 172 Council Meeting, June 22, 2010 William M. Cobb