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HomeMy WebLinkAboutR-87-84 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, VOLUNTARILY JOINING AND APPROVING THE INDIAN RIVER COUNTY DEPENDENT SPECIAL DISTRICT FOR SOLID WASTE DISPOSAL. WHEREAS, the Board of County Commissioners of Indian River County has under consideration the establishment of a Dependent Special District for Solid Waste Disposal, and WHEREAS, said Special District may include municipalities within Indian River County who voluntarily join the District, and WHEREAS, the City Council has determined that it would be in the public interest to join such a District. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: The City of Sebastian hereby voluntarily joins the Dependent Special District for Solid Waste Disposal for Indian River County when, and if, established in substantial accordance with the attached proposed County Ordinance. THIS RESOLUTION was moved for adoption by Councilman~ , seconded by Councilman /~0~ , and adopted Mayor Harris Vice Mayor Roth Councilman Vallone Councilman McCarthy Councilman Metcalf ATTEST: Kathr~n M. O'Halloran Approved as to form and legal sufficiency: , 19 ~ , by the following vote: CITY OF SEBASTIAN, FLORIDA I~'~e~arr±s, Mayor ORDINANCE NO. 87- ____ ER coUNTY, FLORIDA, ^ ~nARD ur COy-. .... ~ a sANI1A~T ~:~, ' cOLID WASl~ ~v OVIU~m~ " ALu BODY FOR PR DISPOSAL ..OF ~ ICT BoUNDARI~ ,,~aNS FOR THE .... ooECiAL DIs-R]__~ AREA ,v,~ .... IN 1Mm ~ po~ rc RATED WITH RE uNIN~R oVIDING A u~NE THE ENTI JOIN'; PR WHICH INCLUDE ...... ,~u voLUNTARILY ~NiCIPALITIE5 ~n~" IsPOSAL CHARGES AND lNG TO O . PROVIDING A METHOD _FOR^~,OBJ~usTMENT -~'OF ALL PROPER.T)'. CREATING ~m CLASSIFICA~uq..,~:iTiON OF Am PROCEDUR~_E FOR THE CT AND THE. ~r~ ASSESSABLE DISTRI T wITHIN ~HE .... ~uARGE AGAINS.~_~,nN. PROVIDING aNNUAL DISPO~A~_~"c~H c~sSIFI~'~ ' ~ROPERTY BASED u~um ~ BE INCLUDED ON THE ANNUAL THAT THE DISPOSAL CHARGE couNTY TAX AD VALOREM TAX BILL sENT BY THE COLLECTOR; PROVIDING THAT THE DISPOSAL CHARGE SHALL CONSTITUTE A LIEN AGAINST ALL sUCH pROPERS; pROVIDING CRITERIA AND PROCEDURES FOR ~TE CHANGES- BE IT ORDAINED by the Board of County Comissioners of hat: .... River County t _ ~_¢~,~ DISTRICT F~ TIO~Ur u c~E~ ............... E~O ~Lg~-Z~ .......... .__.,~, ~ OF O ~ ST~9Y~. OOV .__ -.~POSAL, COMV~ZL~ ~DY e authority granted by ~125.01{5)a, Pursuant to th. ere is hereby created a dependen~ Florida StatuteS, t~ . special d~str~c~ ~ .--,,) for the purpose of prov~u,,,~ District (,,SWDD" or ,,d~str~c~ ¢.,-ded in an equitable ...... t and acceptable means '~" --d by the an ett~c~e" ' e disposal of sol~d waste genera~: hall be manner for tn -. The district s · trict or county. residents of the d~s orated area of Indian R~ver 're unincorp ' ' composed of the ent~ ..... in Indian River County which County and those municipa~it~e~ ' o,. voluntarily ] The governing Y o er-'n. T district shall be th ..... '~ING OF DISTR~ ~CTION 2 AUTHORITY FOR rum~ The district shall be authorized ~o operate from funds and service charg this ordinance and general law. 12/8/87.1(Ord)LEGAL(Vk)TP ORDINANCE NO. 87-_ ...... SECTION sTATEMENT OF CT INTENT AND DISTRI REQUIREMENTS rement of It is the intent of the district and a requi this ordinance that all. solid waste generated by assessable or disposed of in the property within the district, district, be disposed of through the SWDD, and that all assessable property within the SWDD be charged an annual special assessment (the ,,disposal charge") to helP pay for the disposal costS. It is found that these requirements will promote the health, safety, and welfare of the citizens of the district by providing environmentally sound ways of disposing of solid waste, by reducing illegal dumping, and by paying for the service through the fairest reasonable method. The Board finds that having the solid waste disposal services described in this ordinance available constitutes a benefit to assessable property, equal to, or in excess of, the assessment against such property whether the assessable property actually generates solid wastes or not. SECTION 4. pOWERS OF S.W.D.D. ............................. necessary and incident The SWDD shall have all powers to accomplishing the purposes of the district, which powers shall include the power to hire, fire, and set compensation of employeeS, lease, rent, or buy real and personal contract with property, and contract, including the power to municipalities within Indian River County which have not joined the SV~OD. sECTION 5. DEFINITIONS tions For the purpose of this ordinance, the defini contained in this section shall apply unless otherwise specifically stated. When not inconsistent with the context, words used in the present tense include the future, words in plural numbers include the singular, and words in The word ,,shall" is the singular number include the plural. always mandatory and not merely directory- 2 12 / 8 / 87.1 (Ord) LEGAL(Vk)TP ORDINANCE NO. 87- Assessable Propert% shall mean all improved residential real property, improved commercial real property, or other improved real prperty that generates or is capable of generating solid waste. Agricultural land and any unimproved or vacant land shall not be considered assessable property. Board shall mean the Board of County Commissioners acting as the governing body of the district. Di~!___C_h_a_r_g__~ shall mean the annual special assessment charge against a parcel of assessable property for the disposal of solid waste for the applicable fiscal year based upon the classification of the use of such parcel of property as specified in the equivalent residential unit ("ERU") schedule (Attachment 1). Disposal C~e Roll shall mean the list prepared and confirmed by the Board each fiscal year containing a summary description of each parcel of assessable property within the county, the name and address of the owner of each such parcel as indicated on the records maintained by the Property Appraiser, the rate classification applicable to each parcel of assessable property as specified in the rate resolution, and the amount of the disposal service charge applicable to each such parcel. Equivalent Residential Unit (ERU) shall mean the basis for measuring the solid waste generated. One ERU is based on a single-family equivalent residential unit of 1.3 tons of solid waste per year as the basic unit of service. Gar~~ shall mean every refuse accumulation of animal, fruit, or vegetable matter that attends the preparation, use, cooking and dealing in, or storage of edibles, and any other matter, or any nature whatsoever, which is subject to decay, putrefaction, and the generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies or other germ-carrying insects, or any other container of the material defined herein, but excludes animal carcasses. 12/8/87.1 (Ord) LEGAL(Vk)TP ORDINANCE NO. 87- Garden Trash shall mean all accumulation of leaves, grass, shrubbery cuttings, logs, tree limbs, brush, palm fronds, and other refuse attending the care of lawns, shrubbery, vines, and trees. Hazardous Waste shall mean material or combinations of material which require special management techniques because of their acute chronic effects on air and water quality; on fish, wildlife, or other biota, and on the health and welfare of the public. These materials include, volatile, chemical, biological, explosive, flammable, radioactive, toxic materials, fecal wastes, animal carcasses, and pathologic wastes. Improved Propert.~ shall mean any real property on which is located any structure or other valuable improvement such that the property is capable of generating solid waste. Industrial Waste shall mean the waste products of canneries, fisheries, slaughter houses or packing plants, condemned food products, agricultural waste products, waste and debris from brick, concrete block, roofing shingles, or tile plates, debris and wastes accumulated from land clearing, excavating, building, rebuilding, and altering of buildings, structures, roads, street, sidewalks, or parkways, and other solid waste products generated from industrial processing or manufacturing. Recyclable Materials shall mean materials separated, at the point of generation, by the generator or his agent, and donated or sold by the generator for purpose of recycling; including newsprint, cardboard, aluminum, glass, plastic, and ferrous metals. Rubbish shall mean the accumulation of paper, excelsior, rags, wooden or paper boxes or containers, sweeping, and all other accumulations of a nature other than garbage, which are usual to housekeeping and to the operation of stores, offices, and other business places; also any bottles, cans, or other containers which, due to 12/8/87.1(Ord)LEGAL(Vk)TP ORDINANCE NO. 87- their ability to retain water, may serve as breeding places for mosquitoes or other water-breeding insects. Solid Waste shall include the specific terms "garbage," "garden trash," "rubbish," and "industrial' waste," but excludes the recyclable materials, as herein described. Special Wastes shall include wastes having special characteristics or requiring special handling. These wastes include oversized, bulky wastes and material generated from land clearing and demolition activities, tires, and construction debris and hazardous wastes. These wastes also include solid waste from unimproved real property of any size and improved real property of more than one acre. SECTION 6. CALCULATION OF DISPOSAL CHARGE, NOTICE TO TAXPAYERS The SWDD shall use January 1st preceding the beginning of each fiscal year to determine the assessable status of property within the district for the ensuing fiscal year. By July of each year, the district shall prepare a preliminary budget for the district for the next fiscal year and shall determine a proposed disposal charge for each parcel by using the Schedule of ERUs on Attachments 1 and 2 which are an integral part of this ordinance. At the same time as the Board of County Commissioners conducts preliminary budget hearings for the adoption of the annual county budget, the SWDD Board shall hold preliminary assessment hearings to adopt a budget for the SWDD and a disposal charge per ERU. This hearing shall be advertised once approximately one week before the hearing to allow interested parties an opportunity to attend and be heard. This preliminary assessment roll shall then be sent to the Property Appraiser for inclusion in the T.R.I.M. notices sent out by that office to each taxpayer. The notice shall indicate when and where the final SWDD budget hearing will be held. SECTION 7. 12/8/87.1(Ord)LEGAL(Vk)TP ORDINANCE NO. 87- OBJECTION TO DISPOSAL CHARGE, CREATION OF ADJUSTMENT BOARD Any property owners who wish to contest the special assessment against their property shall have the right to confer with the SWDD staff informally to correct any errors, and if there are still unresolved problems, the property owner shall have the right to file a petition with the SWDD Board, using the procedures of Chapter 194, F.S., dealing with the Property Appraisal Adjustment Board, except that the adjusting board shall be the SWDD Board rather than the Property Appraisal Adjustment Board. To obtain relief before the SWDD, a property owner must show by the prepOnderance of evidence that his property, by having this SWDD available, does not receive benefits at least equal to the disposal charge against his property whether the assessable property generates solid waste or not. The SWDD may by resolution establish a fee for any appeal to it and may adopt its own rules of procedure. SECTION 8. ADOPTION OF ANNUAL BUDGET, DETERMINATION OF DISPOSAL CHARGE On or before the first day of October of each year, during the county budget hearings required pursuant to Chapter 129, Florida Statutes, the SWDD Board, after such notice as may be required by law, shall hold a public hearing for the purpose of adopting a final budget for the SWDD for the next fiscal year. The budget may include funds for the payment of outstanding and anticipated indebtedness including all reserves, for future capital and land acquisitions and renewal and replacement of existing facilities, for the enforcement and administration of the billing and disposal charge collection, for reserves for anticipated delinquent or uncollected disposal charges, for the payment of the current operation and maintenance expenses of district facilities, and for other legal expenses. At this public hearing a resolution containing 12/8/87.1(Ord)LEGAL(Vk)TP ORDINANCE NO. 87- the disposal charges to be imposed upon each parcel of assessable property in the district shall be adopted and transmitted to the Tax Collector for collection. SECTION 9. COLLECTION OF DISPOSAL CHARGES BY TAX COLLECTOR By authority of §197.363, F.S., the Tax Collector shall collect and distribute all disposal charges using the same procedure as is used for collecting ad valorem taxes. The owners and description of each parcel of improved real property shall be that designated on the real property assessment tax roll maintained by the Property Appraiser. The discounts for early payment used by the Tax Collector shall apply also to the disposal charge. All annual disposal charges shall be liens against such improved real property as of the first day of January preceding the fiscal year for which the service charge is imposed. Disposal charges not paid before the delinquency date for taxes shall be cause for the Tax Collector to sell a certificate on the property just as if the disposal charge were a tax. All penalties and interest imposed on unpaid taxes will apply. SECTION 10. DISPOSAL CHARGE TO GOVERNMENTAL AGENCIES, COUNTY AGENCIES, AND PROPERTY OWNER NOT BEING TAXED The exemption of property from taxation under Florida Statutes, Chapter 196, or any other law or constitutional provision shall not relieve any owner from the provisions of this ordinance or from the imposition by the Board of the disposal charge applicable to such assessable property. All governmental agencies owning property within the district shall pay the appropriate disposal charge. When a tax certificate has not been issued or cannot be sold, the Board shall have the authority and option to enforce the collection of any delinquent disposal charge in court including all penalties, costs, and a reasonable attorney's fee. 7 12/8/87.1(Ord)LEGAL(Vk)TP ORDINANCE NO. 87- SECTION 11. OMISSIONS AND ERRORS IN DISPOSAL SERVICE CHARGE ROLL; PROPERTY BECOMING ASSESSABLE AFTER JANUARY 1 When it shall appear that any disposal charge should have been imposed but was not, the Board may, by resolution, impose the applicable disposal charge for the fiscal year in which such error is discovered plus the applicable disposal charge for the prior two fiscal years, if appropriate. Such total disposal charges shall become delinquent if not fully paid upon the expiration of sixty days from the date of the adoption of said resolution, and, upon becoming delinquent, shall be subject to the penalties and interest for delinquent disposal charges as provided in this ordinance. Any amount then still owing shall be added to the disposal charge for the property for the next fiscal year. The SWDD shall have the authority at anytime to correct any error in the adoption of any disposal charge roll, or in the implementation of this ordinance. When property which is not assessable on January 1st becomes assessable, or when property which was assessable January 1st changes to a higher ERU category, the Board and member municipalities may condition the granting of a Certificate of Occupancy on payment of a disposal charge prorated appropriately. SECTION 12. PERMIT REQUIREMENTS FOR HANDLING OF SPECIAL WASTE AND REVOCATION THEREOF AND FINE Each person transporting special waste to the landfill shall be required to obtain a permit from the District to dispose of the material at the landfill. The SWDD may revoke a permit at any time if the person holding such permit is in violation of any provisions of this ordinance or the conditions of the permit or other county or state law. Any person not in compliance with the permit requirements for handling special waste may be charged a fine not to exceed $500 for each violation. 12/8/87.1(Ord)LEGAL(Vk)TP ORDINANCE NO. 87- SECTION 13. OTHER FEES, RATES, AND CHARGES The SWDD shall have the power at any time by resolution after a public hearing to adopt rates, fees, and charges for service costs other than those recovered by disposal charge against assessable property. SECTION 14. REMOVAL FROM DISTRICT A municipality may remove itself from the district at any time before January 1st of any year, the removal to be effective beginning the subsequent October 1st. The removal shall be by action of the governing body pursuant to law. SECTION 15. PROHIBITED ACTS It shall be unlawful and an offense against the county for any unauthorized person to do any of the following: (a) To place, or caused to be placed, any solid waste upon the property of another. (b) To deposit or dispose of any solid waste in or upon any public street, sidewalk, right of way, or alleyway, or any stream, ditch, river, pond, creek, park, or public place in the county, except in places or containers authorized for such purposes. (c) To do any act prohibited or to fail to do any act required by the regulations affecting solid waste within the county. (d) To remove solid waste or recyclable material from transfer stations or convenience centers. SECTION 16. SEVERABILITY If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, it is the legislative intent that the invalidity shall not affect other provisions or applications of this section which can be given in effect without the invalid provision or application, and, to this end, the provisions of this section are declared severable. 12/8/87.1(Ord)LEGAL(Vk)TP ORDINANCE NO. 87- Approved and Corr~nissioners of day of SECTION 17. EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Secretary of the State of Florida of official acknowledgment, that this ordinance has been filed with the Department of State. adopted by the Board of County Indian River County· Florida, on this · 1987. This ordinance was advertised in the Veto Beach Press Journal on the day of public hearing to be held on the 1987, at which time it was Commissioner , 1987, for a day of , moved for adoption by seconded by Commissioner , and adopted by the following vote: Chairman Don C. Scurlock, Jr. Vice Chairman Margaret C.' Bowman Commissioner Richard N. Bird Commissioner Carolyn K. Eggert Commissioner Gary C. Wheeler Attest: Freda BOARD OF COUNTY COI~VIISSIONERS INDIAN RIVER COUNTY, FLORIDA By Chairman Approved as to form and legal sufficiency: Approved for Utilities matters: Charles P. Vitunac County Attorney Terrance G. Pinto, Director Utilities Services Department Acknowledgment by the Department of State of the State of Florida, this day of , 1987. Effective Date: Acknowledgment from the Department of State received on this day of a a m /p.m. ~-~iled in the-O~ice o~-~-l~'e 1987, t . . Clerk to the ~rd of County Commissioners of Indian River County, Florida. 10 12/8/87.1(Forr~LEGAL(VI) ATTACHMENT 1 SCHEDULE OF EQUIVALENT RESIDENTIAL UNITS Section 1. For the purpose of adopting a schedul'e of Equivalent Residential (ERUs) Units for all Assessable Property, the following classification shall control. The general description of the use of the Property in the following classifications conforms to the general description contained in the "use code" used by the Indian River County Property Appraiser in maintaining and classifying real property on the Indian River County real property assessment roll. Section 2. The following schedule of ERUs is adopted for the SWDD until changed by the district. The basis of billing is an ERU which is defined as amount of solid waste generated annually by an average single-family residence. This is equivalent to 1.30 tons per year. Cate~£~ Residential: IRC E.R. Classification No. Units Single-family 01, 02 Multifamily 03, 04, 05, 08 Other Residential 06, 07, 74, 75 Institution/ Government Schools Hospitals Other/Other 72, 83, 84 73, 85 71 (office only) 76, 77, 78, 79, 86, 87, 88, 89 Commercial/ TE~G~trial Sm. Retail/ 11, 12, 20, 25, 30 Outlets/ Department Store/ 13, 16, 26 Shopping Center Supermarket 14 Office 17, 18, 19, 23, 24 Restaurants 21, 22, 23 Mobile Home Parks 28 Storage/Warehouse 29, 48, 49 Recreation 31, 32, 34, 35, 37, 38 1.0 0.75 per unit 0.70 per bed 0.10/100 sq. ft. 2.8/bed .15/100 sq. ft. .60/100 sq. ft. .90/100 sq. ft. 1.3/100 sq. ft. .15/100 sq. ft. .5/100 sq. ft. .75/unit .3/100 sq. ft. .25/100 sq. ft. (Special) Campground Hotel/Motel Light Manufacturing Heavy Manufacturing Food Processing 36 39 41, 43, 47 42 44, 45, 46 .4 unit .4/unit (room) .35/100 sq. ft. Special Survey .70/100 sq. ft. ~pecial Category Lot Clearing Tires All other categories are 0.0 Special Fee Special Fee ~ ~ 11/16/87(Fo~ms'~J~EGAL(Vi) ATTACHMENT 2 PROPERTY CLASSIFICATIONS AND USE CODES ~roperty T~'pe Residential 00 01 O2 O3 O4 O5 O6 O7 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 Vacant Residential Single Family Mobile Homes Multifamily - 10 units Condominia Cooperatives Retirement Homes (not under Section 196.192, given an Institutional or more eligible for exemption F.S. Others shall be classification) permanent facilities, auto, or dog ranges exhibits, fairgrounds enclosed arenas Tourist attractions, other entertainment (privately owned) Camps Race tracks, horse, Golf courses, driving Hotels, motels Miscellaneous Residential (Migrant camps, boarding homes, etc.) Multifamily - less than 10 units Undefined - Reserved for use by Department of Revenue only Vacant Commercial Stores, one story Mixed use - store and office or store and residential or residential combination Department Stores Supermarkets Regional Shopping Centers. Community Shopping Centers Office buildings, non-professional services buildings, one story Office buildings, non-professional services buildings, multi-story Professional services buildings Airports (private or commercial), bus terminals, marine terminals, piers, marinas Restaurants, cafeterias Drive-in restaurants Financial institutions (banks, savings and loan companies, mortgage companies, credit services) Insurance company offices Repair service shops (excluding automotive), radio and T.V. repair, refrigeration service, electric repair, laundries, laundromats Service stations Auto sales, auto repair and storage, auto service shops, body and fender shops, commercial garages, farm and machinery sales and services, auto rental, marine equipment, trailers and related equipment, mobile home sales, motorcycles, construction vehicle sales Parking lots (commercial or patron), mobile home parks Wholesale outlets, produce houses, manufacturing outlets Florist, greenhouses Drive-in theaters, open stadiums Enclosed theaters, enclosed auditoriums Nightclubs, cocktail lounges, bars Bowling alleys, skating rinks, pool halls, Industrial 4O 41 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O 61 63 64 65 66 67 68 69 Vacant Industrial Light manufacturing, small equipment manufacturing plants, small machine shops, instrument manufacturing printing plans Heavy industrial, heavy equipment manu- facturing, large machine shops, foundries, steel fabricat.ing, plants, auto or aircraft plants Lumber yards, sawmills, planning mills Packing plants, fruit and vegetable packing plants, meat packing plants Canneries, fruit and vegetable, bottlers and brewers distilleries, wineries Other food processing, candy factories, bakeries, potato chip factories Mineral processing, phosphate processing, cement plants, refineries, clay plants, rock and gravel plants Warehousing, distribution terminals, trucking terminals, van and storage warehousing Open storage, new and used building supplies, junk yards, auto wrecking, material storage ........... ~ricultural Improved agricultural Cropland soil capability Class Cropland soil capability Class Cropland soil capability Class Timberland - site index 90 and Timberland - site index 80 to Timberland - site index 70 to Timberland - site index 60 to Timberland - site index 50 to Timberland not Pines Grazing and sol Grazing and soi Grazing and sol Grazing and sol Grazing and sol Grazing and sol Orchard Groves, classified by s capability C capability C capability C capability C capability C capability C Citrus, etc. I II !11 above 89 79 69 59 te index ass I ass II ass III ass IV ass V ass VI Poultry, bees, tropical fish, rabbits, Dairies, feed lots Ornamentals, miscellaneous agricultural to etc. Institutional 7O 71 72 73 74 75 76 77 78 79 Vacant Institutional Churches Private schools and colleges Privately owned hospitals Homes for the aged Orphanages, other non-profit or charitable services Mortuaries, cemeteries, cremetoriums Clubs, lodges, union halls Sanitariums, convalescent and rest homes Cultural organizations, facilities Government 80 81 82 83 84 85 86 Undefined - Reserved for future use Military Forest, parks, recreational areas Public county schools, include all of Board of Public Instruction Colleges Hospitals Counties (other than public schools, hospitals), including non-municipal governments property colleges, local 87 88 89 State other than military, forests, parks, recreational areas, colleges, hospitals Federal other than military, forests, parks, recreational areas, hospitals, colleges Municipal other than parks, recreational areas, colleges, hospitals Miscellaneous 90 91 92 93 94 95 96 97 Leasehold interest (government owned property leased by a non-governmental lessee) Utility, gas and electricity, telephone and telegraph, locally assessed railroads, water and sewer service, pipelines, canals, radio/ television co~r..unication Mining lands, petroleum lands, or gas lands Subsurface rights Right-of-way, streets, roads, irrigation channel, ditch, etc. Rivers and lakes, submerged lands Sewage disposal, solid waste, borrow pits, drainage reservoirs, waste lands, marsh, sand dunes, swamps Outdoor recreational or park land subject to classified use assessment. Centrall.~ Assessed 98 Centrally assessed e 99 Acreage not zoned agricultural Special Desi.~nations This 2 digit d the data proce field for reco on the roll. This 2 digit d the data proce field for rec headings on th esignation shall be placed in ssing record in the use code rds which are printed as notes esignation shall be 'placed in ssing record in the use code ords which are printed as e roll. (d) Definitions: 1. Classified use assessments shall be those valuations determined pursuant to Article VIII, Section 4 (a), Constitution of State of Florida. 2. Special assessments shall be those valuations determined in accordance with Section 193.057, 193.621, or 194.011 (3) (e), F.S.