§ 49-44. Findings.

It is hereby ascertained, determined, and declared that:

(1)

Pursuant to Article VIII section 1, Florida Constitution, and F.S. §§ 125.01 and 125.66, the board has all powers of local self-government to perform county functions and to render county services except when prohibited by law, and such power may be exercised by the enactment of legislation in the form of county ordinances.

(2)

In addition to its powers of self-government, the board is authorized by F.S. § 125.01(1)(q), to impose solid waste service assessments in all or a portion of the unincorporated area and within municipal areas through the creation of a municipal service benefit unit. The creation of a municipal service benefit unit which consists of any property situated within an incorporated area requires the consent of the affected municipality pursuant to F.S. § 125.01(1)(q). Additionally, the board derives authority to impose solid waste service assessments within a municipal service benefit unit from the home rule power of counties in Article VIII, section 1(f), Florida Constitution, F.S. § 125.01, and specifically F.S. § 125.01(1)(r).

(3)

This article authorizes the imposition of solid waste service assessments through a municipal service benefit unit hereafter created in an initial assessment resolution or preliminary rate resolution adopted pursuant to this article. Additionally and alternatively, this article authorizes the imposition of a solid waste service assessment throughout a geographic area designated by the board in an initial assessment resolution or a preliminary rate resolution, without requiring the creation of a new, or the use of an existing, municipal service benefit unit. This article authorizes the board to designate all or a portion of the unincorporated area and municipal areas with such municipality's consent as a part of the municipal service benefit unit.

(4)

The purpose of this article is to (1) provide procedures and standards for the imposition of annual solid waste service assessments under the general home rule powers of a county to impose special assessments; (2) authorize a procedure for the funding of residential solid waste management, collection, and disposal services, facilities, or programs providing special benefits to property within the county; and (3) legislatively determine the special benefit provided to assessed property from the provision of residential solid waste management, collection and disposal services by the county.

(5)

Pursuant to F.S. § 403.706(1), the county has the general responsibility and authority to provide for the collection and transport of solid waste generated within the unincorporated area and all incorporated areas of the county to appropriate sanitary landfill or other disposal facilities.

(6)

The existence of any building or other improvement on improved property results in such property generating solid waste or being capable of generating solid waste.

(7)

Whether imposed throughout the entire county or a portion thereof, the imposition of a recurring annual solid waste service assessment is an alternative, equitable and efficient method to fairly and reasonably apportion and recover the residential solid waste management, collection and disposal costs experienced by the county among the parcels of residential property within the area assessed.

(8)

The use of the uniform method of collection authorized by the Uniform Assessment Collection Act provides a mechanism to equitably and efficiently collect solid waste service assessments, as well as address payment delinquencies and recover unpaid fees, charges, or assessments advanced for residential solid waste management, collection and disposal services, programs, and facilities allocable to specific parcels of assessed property.

(9)

The annual solid waste service assessments to be imposed pursuant to this article shall constitute non-ad valorem assessments within the meaning and intent of the Uniform Assessment Collection Act.

(10)

The solid waste service assessment to be imposed using the procedures provided in this article is imposed by the board, not the clerk, property appraiser or tax collector. The duties of the clerk, property appraiser or tax collector under the provisions of this article and the Uniform Assessment Collection Act are ministerial.

(Ord. No. 2004-03, § 1.03, 6-22-04)