§ 10.5-71. Applicability.

(a)

This article and the board's authority to impose assessments pursuant hereto shall be applicable throughout the unincorporated areas of the county and throughout the incorporated area of any municipality whose governing body has heretofore or hereafter requested and consented to the provision of the fire rescue services, facilities, and programs by the county.

(b)

Notwithstanding the provisions of paragraph (a) of this section, the request and consent of the governing body of the affected municipality shall not be required for the imposition of a fire rescue assessment within municipal areas if the board shall determine prior to or at the time of the adoption of the final assessment resolution that: (1) the fire rescue services, facilities, or programs identified in the initial assessment resolution is of a subject matter preempted to the county by law or the Florida Constitution; or (2) the proposed fire rescue assessment proceeds provides, in whole or part, county fire rescue services, facilities, or programs for which the residents or property within such municipal areas receive a special benefit.

(Ord. No. 1998-63, § 4.01, 8-4-98)