§ 17.5-2. General findings.

(a) Pursuant to Fla. Const., art. VIII, § 2(b), and F.S. §§ 166.021 and 166.041, the city commission has all powers of local self-government necessary to perform municipal functions and render municipal services except when prohibited by law; and such power may be exercised by the enactment of legislation in the form of city ordinances.

(b) The city commission may exercise any governmental, corporate or proprietary power for a municipal purpose except when expressly prohibited by law; and the city commission may legislate on any subject matter on which the state legislature may act, except those subjects described in F.S. § 166.021(3)(a)—(d). The subject matter of F.S. § 166.021(3)(a)—(d), are not relevant to the imposition of assessments related to street lighting services, facilities or programs of the city.

(c) The purpose of this article is to:

(1) Provide procedures and standards for the imposition of home street lighting assessments in the city under the general home rule powers of a municipality to impose special assessments;

(2) Authorize a procedure for the funding of home owner association street lighting services, facilities or programs providing special benefits to property within the city; and

(3) Legislatively determine the special benefit provided to assessed home owner association property from the provision of street lighting.

(d) The annual street lighting 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.

(e) The street lighting assessment imposed pursuant to this article is imposed by the city, not the county board of county commissioners, property appraiser or tax collector. Any activity of the property appraiser or tax collector under the provisions of this article shall be construed as ministerial.

(Ord. No. 2010-10, § 1, 5-18-10)