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The governing body of Lee county shall be and is hereby authorized to levy and to collect financial charges or assessments upon and with respect to any or all property (which financial charges or assessments, regardless of whether considered to be property taxes, need not be assessed in exact proportion to the value of property subject to such financial charges or assessments) within the boundaries of any one or more fire fighting districts in Lee county established by said governing body pursuant to Section 41–11.00. Any such financial charge or assessment shall, subject to succeeding provisions of this amendment, be so levied and collected at such rate or rates, for such period or periods of time, on such basis (whether ad valorem, or otherwise) and otherwise on such terms and conditions as shall from time to time be specified, provided or limited by the legislature by general, special or local law, and as said governing body may, consistently with then applicable provisions of such general, special or local law, determine; provided however, that no such financial charge or assessment shall be so levied or collected in any such district unless a majority of the qualified electors residing in such district and voting at an election called for such purpose approve the levy and collection of such financial charge or assessment within such district, at such rate (not to exceed the maximum rate then permitted by law) and for such period of time (not to exceed the maximum period of time then permitted by law) as shall be briefly described or summarized on the ballot used in such election. Thereafter no increase in the rate of such financial charge or assessment above the rate or maximum rate (as the case may be) so approved by the electorate of such district, and no extension of the period of time or maximum period of time (as the case may be) for which such financial charge or assessment shall have been authorized to be levied and collected within such district, shall be effective except upon approval by a majority of the qualified electors residing in such district and voting at an election called for such purpose. Any provision of the Constitution to the contrary notwithstanding (including specifically, but without limiting the generality of the foregoing, Section 190, as amended), the legislature may, by general, special or local law, provide for and otherwise regulate elections held under or pursuant to the provisions of this amendment.

The proceeds of any financial charge or assessment levied and collected pursuant to the provisions of this amendment shall be expended solely for payment of expenses of (i) providing fire protection services and facilities within the district in which such financial charge or assessment is so levied and collected (either directly or indirectly, as the legislature may specify), but otherwise in accordance with Section 41–11.00, and (ii) levying and collecting such financial charge or assessment. Any such financial charge or assessment may, any provision of the Constitution to the contrary notwithstanding, be levied upon and with respect to any property within the boundaries of the district in question regardless of whether such property is otherwise exempt from property taxation (on an ad valorem basis or otherwise).

The legislature shall, any provision of the Constitution to the contrary notwithstanding (including specifically, but without limiting the generality of the foregoing, Section 105), have the power, by general, special or local law, to provide for the implementation of the provisions of this amendment and otherwise to enact laws in furtherance of the purposes hereof and Section 41–11.00. Any such law enacted at the session of the legislature at which this amendment is proposed shall be and hereby is ratified, approved, validated and confirmed in all respects notwithstanding that notice of intention to apply therefor was not published as specified in Section 106 of the Constitution, as amended, provided that (1) notice of intention to apply therefor and stating the substance thereof shall have been published one time in a newspaper published in Lee county, and (2) such law by its terms becomes effective only upon the ratification of this amendment. Furthermore, Section 41–11.00 shall be and hereby is ratified, approved, validated and confirmed in all respects.

The provisions of this amendment shall not, except to the extent expressly provided herein, be construed as self-executing, it being understood that no financial charge or assessment shall be levied hereunder and no election with respect thereto shall be held hereunder unless and until the legislature, by general, special or local law, shall have (a) specified the rate or rates (or maximum rate) at which, and the period or periods (or maximum period) for which, any such financial charge or assessment may be levied, as well as the basis for any such financial charge or assessment, and (b) provided for elections to be held under or pursuant to the provisions of this amendment.

§41-11.01 | FIRE PROTECTION PURPOSES

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