1 | A bill to be entitled |
2 | An act relating to the Southwest Florida Fire Control and |
3 | Rescue District, Collier County; creating the district as |
4 | an independent special district; providing for future |
5 | merger of districts; providing legislative intent; |
6 | providing purpose of the district; providing boundaries; |
7 | providing for a governing body; providing powers of the |
8 | district; providing that the district may levy ad valorem |
9 | taxes and non-ad valorem assessments; authorizing the |
10 | district to borrow money; providing for impact fees; |
11 | providing for elections; providing that the district may |
12 | exercise the power of eminent domain; providing for effect |
13 | of municipal annexation or incorporation; providing |
14 | immunity from tort liability; providing for transition; |
15 | providing for transfer of powers; providing for a |
16 | referendum on merger of districts; providing an effective |
17 | date. |
18 |
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19 | Be It Enacted by the Legislature of the State of Florida: |
20 |
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21 | Section 1. Legislative findings.-Collier County is |
22 | comprised of 2,032 square miles with three municipalities and a |
23 | large unincorporated area within the developed portion of the |
24 | county. In addition to county and municipal governments, there |
25 | are five independent special fire control and rescue districts |
26 | that provide fire and rescue services to unincorporated areas in |
27 | Collier County: the Big Corkscrew Independent Special Fire |
28 | Control and Rescue District, the East Naples Fire Control and |
29 | Rescue District, the Golden Gate Fire Control and Rescue |
30 | District, the Immokalee Fire Control and Rescue District, and |
31 | the North Naples Fire Control and Rescue District. As a result |
32 | of having five independent special fire control and rescue |
33 | districts providing similar services and the decreasing revenues |
34 | and increasing costs of providing such services, the Legislature |
35 | intends to create a voluntary process allowing the existing |
36 | independent special fire control and rescue districts in Collier |
37 | County to merge their existing operations into a newly created |
38 | independent special fire control and rescue district known as |
39 | the Southwest Florida Fire Control and Rescue District. The |
40 | Legislature recognizes that although general law allows for the |
41 | merger of independent special fire control and rescue districts, |
42 | it is silent as to the process that must be followed. It is the |
43 | intent of the Legislature that the Southwest Florida Fire |
44 | Control and Rescue District not become operational until an |
45 | existing independent special fire control and rescue district |
46 | elects to merge into it and such merger is approved by |
47 | referendum of the residents of the electing independent special |
48 | fire control and rescue district. This new consolidated |
49 | independent special fire control district may provide the future |
50 | opportunity for the provision of fire and rescue services at the |
51 | highest level of services in Collier County with uniform |
52 | countywide standards as this act allows for the future transfer |
53 | of areas currently served by municipal service taxing units or |
54 | municipalities into the district. The special district created |
55 | pursuant to this act is a separate governmental entity |
56 | independent of Collier County, any municipality in Collier |
57 | County, or any other independent special fire control and rescue |
58 | district in Collier County. |
59 | Section 2. Creation; survival; operations.- |
60 | (1) Pursuant to chapters 189 and 191, Florida Statutes, |
61 | there is created the Southwest Florida Fire Control and Rescue |
62 | District, an independent special fire control and rescue |
63 | district and body corporate and politic located in Collier |
64 | County, hereinafter referred to as the "district" or the |
65 | "SWFFCD." Although the district is created by this act, the |
66 | district will only become operational pursuant to subsection |
67 | (4). |
68 | (2) All current legislative authority granted to any |
69 | independent special fire control and rescue district or |
70 | districts electing to merge with the SWFFCD shall survive the |
71 | merger with the district and shall be powers of the district, |
72 | including the ability to levy an ad valorem millage rate as |
73 | authorized by the Legislature and previously approved by |
74 | referendum of the residents of the electing independent special |
75 | fire control and rescue district or districts. |
76 | (3) An independent special fire control and rescue |
77 | district electing to merge with the SWFFCD shall adopt a |
78 | resolution stating its desire to merge with the SWFFCD resulting |
79 | in the SWFFCD providing service to its qualified electors if |
80 | approved by the residents of the independent special fire |
81 | control and rescue district that adopted the resolution. An |
82 | independent special fire control and rescue district that makes |
83 | such election prior to the district becoming operational |
84 | pursuant to subsection (4) shall include within its resolution |
85 | the referendum question that is to be presented as provided in |
86 | section 20. If more than one independent special fire control |
87 | and rescue district elects to merge with the SWFFCD prior to its |
88 | becoming operational but disagree as to which referendum |
89 | question to present, then option 3 in section 20 shall be the |
90 | referendum question presented to the electors. |
91 | (4) The SWFFCD shall not become operational ("operational |
92 | date") until 14 days after the approval by at least a majority |
93 | vote of those qualified electors of the independent special fire |
94 | control and rescue district, or if more than one independent |
95 | special fire control and rescue district is voting in the |
96 | referendum, 14 days after the approval by at least a majority |
97 | vote of those qualified electors of one of the independent |
98 | special fire control and rescue districts, participating in the |
99 | referendum conducted by the Supervisor of Elections of Collier |
100 | County. Only an independent special fire control and rescue |
101 | district whose residents have approved the merger by at least a |
102 | majority vote of its qualified electors shall merge into the |
103 | district. |
104 | (5) If the SWFFCD's operational date will be less than 5 |
105 | months prior to a general election, the resolutions of all |
106 | independent special fire control and rescue districts that elect |
107 | to merge with the SWFFCD must be adopted no later than 75 days |
108 | prior to the general election. |
109 | (6) After the SWFFCD's operational date, the district |
110 | shall notify the Department of State and the Department of |
111 | Community Affairs of the district's operational date within 30 |
112 | days after its initial organization meeting. |
113 | Section 3. Purpose.-The purpose of this act is to promote |
114 | the health, welfare, and safety of the citizens and residents of |
115 | Collier County by providing for firefighting and rescue |
116 | services, and emergency medical services, if authorized pursuant |
117 | to chapters 191 and 401, Florida Statutes. The district shall |
118 | have all powers necessary to carry out the purposes of the |
119 | district as otherwise provided by this act, including, but not |
120 | limited to, the power to adopt all necessary measures, rules, |
121 | regulations, and policies relating to such purposes. Nothing in |
122 | this act shall prevent the district from cooperating with the |
123 | state or other local governments to render such services as from |
124 | time to time may be deemed desirable. |
125 | Section 4. Boundaries; service provider.- |
126 | (1) The lands within the district shall be limited to |
127 | those areas in Collier County where an independent special fire |
128 | control and rescue district merges with the district as provided |
129 | in section 2. The district shall be the service provider upon |
130 | the effective date of the merger. |
131 | (2) The district's boundaries shall also include those |
132 | properties in which the county or a municipality transfers its |
133 | powers to provide fire protection and rescue services to such |
134 | properties by the district in accordance with this act. The |
135 | district shall be the service provider to such properties upon |
136 | the effective date of the transfer. The district may not levy ad |
137 | valorem taxes upon the transferred properties until such time as |
138 | an ad valorem millage rate is approved by the qualified electors |
139 | of the transferred area. However, the district may charge all |
140 | other fees that it is authorized to impose and collect |
141 | immediately upon the properties after the transfer. Until the |
142 | electors of the transferred properties approve the district's |
143 | millage rate, the local government that transferred its powers |
144 | to the district shall pay the district, by January 1 of each |
145 | year, an amount equal to the ad valorem taxes that the district |
146 | would have collected had the district been able to levy, assess, |
147 | and collect its ad valorem millage rates on the transferred |
148 | properties. |
149 | (3) The district shall also be the service provider for |
150 | those areas in which an interlocal agreement has been entered |
151 | into with another local government for the provision of service |
152 | by the district and those areas that have been annexed pursuant |
153 | to chapter 171, Florida Statutes, in which the independent |
154 | special fire control and rescue district is currently providing |
155 | services pursuant to section 171.093 or part II of chapter 171, |
156 | Florida Statutes. |
157 | (4) The district shall submit, at its own expense, local |
158 | legislation that provides the specific boundaries of the |
159 | district as soon as practicable after the district's operational |
160 | date and each subsequent time that either an independent special |
161 | fire control and rescue district merges into the district or |
162 | another local government transfers its powers to the district to |
163 | provide services. |
164 | Section 5. Service delivery areas.-A service delivery |
165 | area, hereinafter referred to as an "SDA," shall be created that |
166 | corresponds with the boundaries of each independent special fire |
167 | control and rescue district that merges with the district upon |
168 | providing a copy of its resolution and referendum approval |
169 | results to the SWFFCD. The boundaries of the merging independent |
170 | special fire control and rescue district shall be those |
171 | boundaries at the time of the resolution's adoption. Any |
172 | independent special fire control and rescue district that |
173 | elected to merge with the district prior to the district's |
174 | operational date shall have a corresponding SDA automatically |
175 | created upon the district's operational date. An SDA shall be |
176 | created to include those properties for which the county or a |
177 | municipality transfers to the district its powers to provide |
178 | fire protection and rescue services in accordance with this act. |
179 | The district may create an SDA for those areas for which an |
180 | interlocal agreement has been entered into with another local |
181 | government within Collier County that provides for district |
182 | services but is not a complete transfer of powers to the |
183 | district ("ex officio SDA"). |
184 | Section 6. Governing body.- |
185 | (1) In accordance with chapter 191, Florida Statutes, the |
186 | district shall be governed by the fire board, whose members |
187 | shall also be known as commissioners. |
188 | (2)(a) From the district's operational date until the next |
189 | general election, the fire board shall be comprised of elected |
190 | officials from any independent special fire control and rescue |
191 | district that elects to merge with the district. |
192 | (b) The fire board shall be composed as follows: |
193 | 1. If only one independent special fire control and rescue |
194 | district merges with the district prior to the district's |
195 | operational date, the business and affairs of the district shall |
196 | be conducted and administered by a fire board that consists of |
197 | the electing independent special fire control and rescue |
198 | district's governing body, who shall serve until the next |
199 | general election. The fire board shall meet and organize the |
200 | district within 45 days after the district's operational date. |
201 | 2. If more than one independent special fire control and |
202 | rescue district elects to merge with the district prior to the |
203 | district's operational date, each electing independent special |
204 | fire control and rescue district shall appoint three of its |
205 | governing body members to serve on the fire board. Appointment |
206 | by each of the independent special fire control and rescue |
207 | districts merging with the district shall occur within 15 days |
208 | after the district's operational date. The newly appointed fire |
209 | board shall meet and organize the district within 45 days after |
210 | the district's operational date. The independent special fire |
211 | control and rescue district that first adopts a resolution |
212 | electing to merge with the district shall be responsible for |
213 | organizing the district's initial meeting of the fire board. |
214 | 3. After the operational date and until the next general |
215 | election after such date, an independent special fire control |
216 | and rescue district that merges with the district shall appoint |
217 | three of its governing body members to the fire board and |
218 | provide written notification to the district of its election and |
219 | appointment of members within 15 days following the receipt of |
220 | approval by its residents at referendum. |
221 | 4. If there is an even number of board members as a result |
222 | of subparagraph 2. or subparagraph 3., the chair of the fire |
223 | board may only vote in the event of a tie vote of the fire |
224 | board. |
225 | 5. A quorum of the fire board shall be a majority of its |
226 | members, excluding ex officio members, except that should the |
227 | membership of the fire board reach 12 members, a quorum may be |
228 | set by resolution of the fire board provided that in no instance |
229 | may the resolution set the quorum at fewer than seven members. |
230 | In order to take official action, an affirmative vote of a |
231 | majority of those members present shall be required. |
232 | 6. During the organizational meeting provided for under |
233 | subparagraph 2., the fire board shall organize by electing from |
234 | its members a chair, a vice chair, a secretary, and a treasurer |
235 | to serve for the duration of their terms. |
236 | 7. If the fire board creates an SDA to represent an area |
237 | in which there is an interlocal agreement with a local |
238 | government in Collier County for the district to provide |
239 | service, also known as an ex officio SDA, the local government |
240 | shall appoint one of its governing body members to serve on the |
241 | fire board as an ex officio, nonvoting member. |
242 | 8. If a transfer of powers by the county or a municipality |
243 | occurs in accordance with this act resulting in revision of the |
244 | district's boundaries to include the associated properties, the |
245 | local government shall appoint one of its governing body members |
246 | to serve on the fire board as a voting member. Each local |
247 | government shall only have one member on the fire board. |
248 | 9. Members of the fire board, excluding ex officio |
249 | members, shall serve until the members that are elected in the |
250 | next general election after the operational date take their |
251 | oaths of office. |
252 | (c) The fire board shall operate the district in |
253 | accordance with this act, chapters 189 and 191, Florida |
254 | Statutes, and any other applicable general or special law, |
255 | except as provided in this act. |
256 | (d) Members of the fire board may each be paid a salary or |
257 | honorarium to be determined by at least a majority plus one vote |
258 | of the board pursuant to chapter 191, Florida Statutes. |
259 | (3)(a) Beginning with the next general election after the |
260 | district's operational date, the fire board shall be comprised |
261 | of at least five members, with a member elected from each of the |
262 | SDAs created pursuant to section 5, excluding any ex officio |
263 | SDA. If there are fewer than five SDAs at the time of the |
264 | election and until there are at least five SDAs within the |
265 | boundaries of the district, the fire board shall be comprised of |
266 | five members pursuant to section 191.005, Florida Statutes, |
267 | elected as follows: if there is only one SDA, there shall be |
268 | five at-large seats; if there are two SDAs, there shall be two |
269 | members elected from each SDA and one member elected at large |
270 | within the boundaries of the district; if there are three SDAs, |
271 | there shall be a member elected from each SDA and two members |
272 | elected at large within the boundaries of the district; and if |
273 | there are four SDAs, there shall be a member elected from each |
274 | SDA and one member elected at large within the boundaries of the |
275 | district. An at-large member represents the entire district. |
276 | (b) The fire board shall be elected pursuant to chapter |
277 | 191, Florida Statutes, by the electors of the district in a |
278 | nonpartisan election held at the time and in the manner |
279 | prescribed for holding general elections in section |
280 | 189.405(2)(a), Florida Statutes. |
281 | (c) Each SDA, excluding ex officio SDAs, shall be |
282 | represented on the fire board by a member who is a resident of |
283 | the SDA and who has been elected by the electors of the SDA. Any |
284 | at-large member on the fire board shall be a resident of the |
285 | district and shall be elected by the electors of the district. |
286 | Each ex officio SDA's officio member must be a resident of the |
287 | ex officio SDA and appointed by the local government that the |
288 | district is providing service for pursuant to an interlocal |
289 | agreement. |
290 | (d) The office of each fire board member, excluding ex |
291 | officio members, is designated as a seat on the fire board, |
292 | distinguished from each other seat by a numeral, and shall |
293 | represent the associated SDA or at-large seat. Each candidate |
294 | must designate, at the time he or she qualifies, the seat on the |
295 | fire board for which he or she is a candidate: 1, 2, 3, 4, or 5, |
296 | up to the total number of seats on the fire board. The candidate |
297 | for each seat who receives the most votes shall be elected to |
298 | the fire board. |
299 | (e) Members of the fire board, including ex officio |
300 | members, shall serve for terms of 4 years each, subject to |
301 | chapter 191, Florida Statutes, and shall not be subject to term |
302 | limits. For the members elected in the next general election |
303 | after the district's operational date, the members elected for |
304 | the odd-numbered seats shall serve for 4-year terms each and the |
305 | members elected for the even-numbered seats shall serve for 2- |
306 | year terms each. |
307 | (f) If a fire board member ceases to reside in the SDA |
308 | from which he or she was elected or within the district if an |
309 | at-large seat, the office shall be declared vacant, the member |
310 | shall be disqualified from further service, and the remaining |
311 | members shall appoint a qualified person from the SDA associated |
312 | with the vacant seat. |
313 | (g) Each fire board member shall hold office until his or |
314 | her successor is qualified and elected or, in the case of a |
315 | member representing an ex officio SDA, his or her successor is |
316 | appointed, unless that member ceases to be qualified, dies, |
317 | resigns, or is removed from office. |
318 | (h) All candidates must qualify for election in accordance |
319 | with chapters 189 and 191, Florida Statutes. In the event a |
320 | candidate seeks to qualify for election by obtaining signatures, |
321 | the qualified signatures shall be signatures of electors within |
322 | the SDA for which the candidate seeks election, or if a |
323 | candidate seeks to qualify for election for an at-large seat by |
324 | obtaining signatures, such signatures shall be signatures of |
325 | electors within the district. |
326 | (i) Any additional expenses of holding elections for |
327 | commissioners at the regular county elections shall be paid out |
328 | of the funds of the district if required by the proper |
329 | authority. |
330 | (j) A quorum of the fire board shall be a majority of its |
331 | members, excluding ex officio members. In order to take official |
332 | action, an affirmative vote of a majority of those voting |
333 | members present shall be required. If the fire board consists of |
334 | an even number of members, the chair of the fire board shall |
335 | only vote in the event of a tie. |
336 | (k) Each elected member shall assume office 10 days after |
337 | the member's election or appointment. Within 60 days after a |
338 | general election, the fire board shall organize by electing from |
339 | its members, excluding ex officio members, a chair, a vice |
340 | chair, a secretary, and a treasurer. The positions of secretary |
341 | and treasurer may be held by one member. |
342 | (4) Any independent special fire control and rescue |
343 | district merging with the district following the general |
344 | election after the district's operational date shall appoint |
345 | three members of its governing body to serve on the fire board |
346 | and provide written notification to the district of its |
347 | appointments 15 days after such approval. At the next general |
348 | election after the independent special fire control and rescue |
349 | district's merger with the district, the three governing body |
350 | members appointed pursuant to this subsection shall no longer be |
351 | members of the fire board. The seat associated with the lowest |
352 | numeric at-large seat that is elected at this general election |
353 | shall be associated solely with the SDA associated with the |
354 | electing independent special fire control and rescue district |
355 | and shall no longer be an at-large seat. If there are already |
356 | more than five SDAs within the district resulting in no at-large |
357 | seats on the fire board, then a new seat number shall be |
358 | designated. |
359 | (5) If a transfer of powers by the county or a |
360 | municipality occurs in accordance with this act resulting in |
361 | revision of the district's boundaries to include the associated |
362 | properties and the subsequent creation of a SDA, the local |
363 | government shall appoint one of its governing body members to |
364 | serve on the fire board as a voting member, who shall serve in |
365 | accordance with the terms of this act. Each local government |
366 | shall only have one appointed member on the fire board. At the |
367 | next general election after the transfer to the district, the |
368 | one member appointed pursuant to this subsection shall no longer |
369 | be a member of the fire board. The seat associated with the |
370 | lowest numeric at-large seat that is elected at this general |
371 | election shall be associated solely with the SDA associated with |
372 | the transferred area and shall no longer be an at-large seat. If |
373 | there are already more than five SDAs within the district |
374 | resulting in no at-large seats on the fire board, then a new |
375 | seat number shall be designated. |
376 | (6) If the fire board creates an SDA to represent an area |
377 | for which there is an interlocal agreement with a local |
378 | government in Collier County for the district to provide |
379 | service, also known as an ex officio SDA, the local government |
380 | shall appoint one of its governing body members to serve on the |
381 | fire board as an ex officio, nonvoting member. |
382 | (7) The fire board shall operate the district in |
383 | accordance with this act, chapters 189 and 191, Florida |
384 | Statutes, and any other applicable general or special law, |
385 | except as provided in this act. |
386 | (8) Members of the fire board may each be paid a salary or |
387 | honorarium to be determined by at least a majority plus one vote |
388 | of the fire board pursuant to chapter 191, Florida Statutes. |
389 | Section 7. Powers of the district.- |
390 | (1) The fire board shall have the power to create SDAs |
391 | pursuant to section 5. |
392 | (2) The district shall have all powers and duties granted |
393 | by this act and chapters 189 and 191, Florida Statutes, as may |
394 | be amended from time to time. |
395 | (3) The district shall create a 5-year plan for the |
396 | provision of fire and rescue services within its boundaries. |
397 | (4) The district is authorized to adopt and amend policies |
398 | and regulations for the administration of the affairs of the |
399 | district under the terms of this act and chapters 189 and 191, |
400 | Florida Statutes, which authority shall include, but is not |
401 | limited to, the authority to adopt policies and regulations |
402 | necessary for the administration and supervision of the property |
403 | and personnel of the district and necessary to conduct district |
404 | business within the district. Such commissioners shall have the |
405 | lawful power and authority necessary to implement the purposes |
406 | for which the district is created, which power and authority |
407 | shall include, but are not limited to, the power to purchase all |
408 | equipment necessary to carry out the purposes of the district; |
409 | to purchase all necessary real and personal property; to |
410 | purchase and carry standard insurance policies on such property |
411 | and equipment; to employ personnel, including firefighters and |
412 | paramedics, as may be necessary to carry out the purposes of the |
413 | district; to provide for insurance for such employees and fire |
414 | board members; to buy, lease, sell, exchange, or otherwise |
415 | acquire or receive as a gift and dispose of any and all |
416 | equipment and other real, personal, tangible or intangible, or |
417 | mixed property that it may from time to time deem necessary to |
418 | carry out the purposes of the district; to provide water, water |
419 | supply, water stations, and other necessary buildings; to accept |
420 | gifts or donations of equipment or money for the use of the |
421 | district; and to do all things necessary to carry out the |
422 | purposes of the district. |
423 | (5) The district is authorized to enter into interlocal |
424 | agreements for any purpose pursuant to part I of chapter 163, |
425 | Florida Statutes, including the provision of services outside of |
426 | the district. The district is authorized to enter into |
427 | interlocal agreements regarding the collection of any revenues |
428 | and to pay administrative charges by the collection entity. |
429 | (6) The district is authorized to enter into contracts |
430 | with private entities in order to carry out the purposes of the |
431 | district. |
432 | (7) The district may establish and maintain emergency |
433 | medical and rescue response services within the district |
434 | consistent with section 191.008(1), Florida Statutes, and |
435 | chapter 401, Florida Statutes, as may be amended from time to |
436 | time. In accordance with chapter 401, Florida Statutes, and |
437 | Collier County COPCN Ordinance No. 2004-12, as amended by |
438 | Ordinance No. 2005-16 and as it may be further amended, the |
439 | newly created Southwest Florida Fire Control and Rescue District |
440 | shall be required to return to the Collier County Board of |
441 | County Commissioners for review and issuance annually of a |
442 | certificate of public convenience and necessity (COPCN). |
443 | (8) In addition to any other power to borrow money as may |
444 | be provided by this act or by general law, the district has the |
445 | authority to borrow money or issue other evidences of |
446 | indebtedness for the purposes of the district in accordance with |
447 | chapters 189 and 191, Florida Statutes, as may be amended from |
448 | time to time. |
449 | (9) The district shall have authority to inspect and |
450 | investigate all property for fire hazards as authorized by law. |
451 | The fire board, by resolution duly adopted, may assess fees for |
452 | fire inspection and maintenance and replacement of hydrants in |
453 | an amount reasonably related to the cost thereof and may adopt |
454 | provisions creating a lien or providing for civil enforcement of |
455 | such assessments. |
456 | (10)(a) The district is authorized to promulgate and enact |
457 | fire prevention ordinances, rules, and regulations for the |
458 | prevention of fire and for fire control in the district in the |
459 | same manner provided in general law for the adoption of policies |
460 | and regulations. When the provisions of such fire prevention |
461 | ordinances are determined by the fire board to be violated, the |
462 | office of the state attorney, upon written notice of such |
463 | violation issued by the fire board, is authorized to prosecute |
464 | such person or persons held to be in violation thereof. Any |
465 | person found guilty of a violation may be punished as provided |
466 | in chapter 775, Florida Statutes, as a misdemeanor of the second |
467 | degree. The cost of such prosecution shall be paid out of |
468 | district funds unless otherwise provided by law. The district |
469 | has the authority to enforce fire safety code violations and |
470 | enact resolutions relating to such enforcement pursuant to |
471 | section 633.052(2), Florida Statutes, as may be amended from |
472 | time to time, as well as to adopt local amendments to the |
473 | Florida Fire Prevention Code pursuant to section 633.0215(10), |
474 | Florida Statutes, as may be amended from time to time. |
475 | (b) The fire board shall have the power to appoint a fire |
476 | marshal, who shall be a person experienced in all types of |
477 | firefighting and fire prevention and who shall work with and |
478 | cooperate with the State Fire Marshal in the prevention of fires |
479 | of all types. The district fire marshal shall be authorized to |
480 | enter, at all reasonable hours, any building or premises for the |
481 | purpose of making any inspection or investigation that the State |
482 | Fire Marshal is authorized to make pursuant to state law and |
483 | regulation. The owner, lessee, manager, or operator of any |
484 | building or premises shall permit the district fire marshal to |
485 | enter and inspect the building or premises at all reasonable |
486 | hours. The district fire marshal shall report any violations of |
487 | state fire safety laws or regulations to the appropriate |
488 | officials. Each of the electing independent special fire control |
489 | and rescue district's existing obligations arising from the |
490 | interlocal agreement regarding the creation and operation of the |
491 | Collier County Fire Code Officials Office shall be transferred |
492 | to the district. |
493 | Section 8. Finances.- |
494 | (1) The powers, functions, and duties of the district |
495 | regarding ad valorem taxation, bond issuance, other revenue- |
496 | raising capabilities, budget preparation and approval, liens and |
497 | foreclosure of liens, use of tax deeds and tax certificates as |
498 | appropriate for non-ad valorem assessments, and contractual |
499 | agreements and the methods for financing the district and for |
500 | collecting non-ad valorem assessments, fees, or service charges |
501 | shall be as set forth in this act, in chapters 170, 189, 191, |
502 | 219, and 197, Florida Statutes, as may be amended from time to |
503 | time, and in any applicable general or special law. |
504 | (2)(a) The district shall levy and collect ad valorem |
505 | taxes in accordance with section 191.009 and chapter 200, |
506 | Florida Statutes, as may be amended from time to time. The taxes |
507 | levied and assessed by the district shall be a lien upon the |
508 | land so assessed along with the county taxes assessed against |
509 | such land until such assessments and taxes have been paid, and |
510 | if the taxes levied by the district become delinquent, such |
511 | taxes shall be considered a part of the county tax subject to |
512 | the same penalties, charges, fees, and remedies for enforcement |
513 | and collection and shall be enforced and collected as provided |
514 | by general law for the collection of such taxes. The district |
515 | shall have the authority to levy a millage rate up to the amount |
516 | that was approved by referendum as required by the Florida |
517 | Constitution and chapter 191, Florida Statutes, within the |
518 | boundaries of each of the independent special fire control and |
519 | rescue districts that have merged with the district. Nothing in |
520 | this act shall prevent the district from levying a millage rate |
521 | as provided for in section 191.009, Florida Statutes, or a |
522 | millage rate that has been approved by referendum. |
523 | (b) The district may not, solely by reason of a merger |
524 | with an independent special fire control and rescue district, |
525 | increase ad valorem taxes on property within the original limits |
526 | of the merging independent special fire control and rescue |
527 | district beyond the maximum ad valorem rate approved by the |
528 | electors of the merging independent special fire control and |
529 | rescue district by referendum. For each independent special fire |
530 | control and rescue district merging with the district, the |
531 | district may levy an ad valorem millage within the associated |
532 | SDA up to the millage rate that was previously approved by the |
533 | electors of that independent special fire control and rescue |
534 | district or the ad valorem millage rate approved by the |
535 | independent special fire control and rescue district's electors |
536 | at the time they approved the independent special fire control |
537 | and rescue district's merger with the SWFFCD unless a higher |
538 | rate is subsequently approved pursuant to chapter 191, Florida |
539 | Statutes. If the independent special fire control and rescue |
540 | district's referendum-approved ad valorem millage rate is lower |
541 | than the district's ad valorem millage rate that was approved, |
542 | the district may only charge an ad valorem millage rate within |
543 | the SDA that does not exceed the referendum-approved ad valorem |
544 | millage rate within such area until such time as an increased |
545 | millage rate is approved by the electors of the corresponding |
546 | SDA. The intent of this paragraph is to preserve and transfer to |
547 | the district all authority to levy ad valorem taxes upon the |
548 | property within the SDA up to the millage rate that was |
549 | previously approved by referendum of the electing independent |
550 | special fire control and rescue district. |
551 | (3) The fire board shall annually, during the month of |
552 | June, make an itemized estimate of the amount of money required |
553 | to carry out the provisions of this act for the next fiscal year |
554 | of the fire board, which fiscal year shall be from October 1 to |
555 | and including the next succeeding September 30. The estimate |
556 | shall state the purpose for which the money is required and the |
557 | amount necessary to be raised by taxation within the district. |
558 | Such budget and proposed millage rate shall be noticed, heard, |
559 | and adopted in accordance with chapters 192 through 200, Florida |
560 | Statutes, as may be amended from time to time. |
561 | (4) The methods for assessing and collecting non-ad |
562 | valorem assessments, fees, or service charges shall be as set |
563 | forth in this act, chapter 170, chapter 189, chapter 191, or |
564 | chapter 197, Florida Statutes, as may be amended from time to |
565 | time. |
566 | (5) The district's planning requirements shall be as set |
567 | forth in this act and chapters 189 and 191, Florida Statutes, as |
568 | may be amended from time to time. |
569 | (6) Requirements for financial disclosure, meeting |
570 | notices, reporting, public records maintenance, and per diem |
571 | expenses for officers and employees shall be as set forth in |
572 | this act and chapters 112, 119, 189, 191, and 286, Florida |
573 | Statutes, as may be amended from time to time. |
574 | Section 9. Authority to borrow money.-The district shall |
575 | have the power to issue general obligation bonds, assessment |
576 | bonds, bond anticipation notes, notes, or certificates or other |
577 | evidences of indebtedness, hereinafter referred to as "bonds," |
578 | pledging the full faith, credit, and taxing power of the |
579 | district consistent with the purposes of the district in |
580 | accordance with the requirements of section 191.012, Florida |
581 | Statutes, as may be amended from time to time, and other |
582 | applicable general law. |
583 | Section 10. Impact fees.- |
584 | (1) The fire board is authorized to assess and collect |
585 | impact fees for capital improvement on new construction within |
586 | the district. It is the legislative intent to preserve and |
587 | transfer all authority to the district to charge impact fees |
588 | upon new development within the SDA that was previously |
589 | implemented by the governing body of the electing independent |
590 | special fire control and rescue district. |
591 | (2) No person shall issue or obtain a building permit for |
592 | new residential dwelling units or new commercial or industrial |
593 | structures within the district, or issue or obtain construction |
594 | plan approval for new mobile home developments located within |
595 | the district, until the developers thereof have paid to the |
596 | district the applicable impact fees for capital improvements |
597 | hereinafter set forth. Impact fees for capital improvements to |
598 | be assessed and collected hereunder shall be pursuant to the |
599 | Collier County 2005 First/Rescue Services Impact Fee Update |
600 | Study or subsequent impact fee study pursuant to section |
601 | 191.009(4), Florida Statutes. |
602 | (3) The district shall comply with the requirements in |
603 | section 163.31801 and 191.009(4), Florida Statutes, as may be |
604 | amended from time to time, in its collection and use of impact |
605 | fees. New facilities and equipment shall be as provided for in |
606 | section 191.009(4), Florida Statutes. |
607 | (4) The fire board shall determine the maximum amount of |
608 | impact fees to be assessed in any one fiscal year. This |
609 | determination shall be made prior to the immediately succeeding |
610 | fiscal year. The fire board's determination of the amount of the |
611 | impact fee to be assessed in any one fiscal year shall be based |
612 | on the requirements set forth in this section. |
613 | (5) The district is authorized to enter into agreements |
614 | regarding the collection of impact fees. |
615 | Section 11. Deposit of taxes, assessments, fees; authority |
616 | to disburse funds.- |
617 | (1) The funds of the district shall be deposited in |
618 | qualified public depositories, in accordance with chapters 191 |
619 | and 280, Florida Statutes. |
620 | (2) All warrants for the payment of labor, equipment, and |
621 | other expenses of the fire board, and in carrying into effect |
622 | this act and the purposes thereof, shall be payable by the |
623 | treasurer of the fire board on accounts and vouchers approved |
624 | and authorized by the fire board. |
625 | Section 12. Elections.- |
626 | (1) When a referendum or special election is required |
627 | under this act, the district shall reimburse the county for the |
628 | costs of such election. |
629 | (2) The procedures for conducting any district elections |
630 | or referendum required and the qualifications of any elector of |
631 | the district shall be as set forth in chapters 189 and 191, |
632 | Florida Statutes, as may be amended from time to time, except as |
633 | provided in this act. |
634 | Section 13. Eminent domain.-The district shall have the |
635 | authority to exercise the power of eminent domain pursuant to |
636 | chapters 73, 74, and 191, Florida Statutes, as may be amended |
637 | from time to time, over any property, except municipal, county, |
638 | state, or federal property, pursuant to section 191.006, Florida |
639 | Statutes. |
640 | Section 14. Annexation.- |
641 | (1) Chapter 171, Florida Statutes, as may be amended from |
642 | time to time, shall apply to all annexations by a municipality |
643 | within the district's boundaries. |
644 | (2) Any moneys owed to an independent special fire control |
645 | and rescue district pursuant to section 171.093, Florida |
646 | Statutes, or any interlocal service boundary agreement, as a |
647 | result of annexation predating the district, shall be paid to |
648 | the district if such independent special fire control and rescue |
649 | district elects to be served by the district. |
650 | Section 15. Miscellaneous.- |
651 | (1) The district's charter may only be amended by special |
652 | act of the Legislature. |
653 | (2) In the event any section or provision of this act is |
654 | determined to be invalid or unenforceable, such determination |
655 | shall not affect the validity and enforceability of any other |
656 | provision of this act. |
657 | (3) The district shall exist until the Legislature |
658 | approves a special act providing for its dissolution, and such |
659 | special act is contingent upon approval by the electors of the |
660 | district. |
661 | (4) In order to avoid disincentivizing the consolidation |
662 | of independent special fire control and rescue districts in |
663 | Collier County, notwithstanding section 212.055(8)(d), Florida |
664 | Statutes, the required interlocal agreement must include the |
665 | district as a participating jurisdiction. For purposes of |
666 | determining the distribution of the surtax proceeds to the |
667 | participating entities, the district's expenditures of ad |
668 | valorem taxes and non-ad valorem assessments for fire control |
669 | and emergency rescue services in each of the immediately |
670 | preceding 5 fiscal years shall be the combined expenditures for |
671 | the district and for the merged independent special fire control |
672 | and rescue districts within a 5-year period. |
673 | (5) As soon as practicable after the district's |
674 | operational date and each subsequent time that an independent |
675 | special fire control and rescue district merges into the |
676 | district, the district shall submit, at its own expense, local |
677 | legislation that provides the specific boundaries of the |
678 | district and repeals the special acts associated with the |
679 | merging independent special fire control and rescue district. |
680 | Section 16. Immunity from tort liability.- |
681 | (1) The district and its officers, agents, and employees |
682 | shall have the same immunity from tort liability as other |
683 | agencies and subdivisions of the state. Chapter 768, Florida |
684 | Statutes, as may be amended from time to time, shall apply to |
685 | all claims asserted against the district. |
686 | (2) The district commissioners and all officers, agents, |
687 | and employees of the district shall have the same immunity and |
688 | exemption from personal liability as provided by general law for |
689 | state, county, and municipal officers. |
690 | (3) The district shall defend all claims against its |
691 | commissioners, officers, agents, and employees that arise within |
692 | the scope of employment or purposes of the district and shall |
693 | pay all judgments against such persons, except where such |
694 | persons acted in bad faith or with malicious purpose or in a |
695 | manner exhibiting wanton and willful disregard of human rights, |
696 | safety, or property. |
697 | Section 17. Transition to the Southwest Florida Fire |
698 | Control and Rescue District.- |
699 | (1) Notwithstanding section 189.4042(2), Florida Statutes, |
700 | any independent special fire control and rescue district that |
701 | adopts a resolution electing to merge with the SWFFCD prior to |
702 | the district's operational date shall merge with the SWFFCD on |
703 | September 30 of the calendar year after the majority approval of |
704 | a referendum pursuant to section 20, and all of the independent |
705 | special fire control and rescue district's special acts shall |
706 | expire on the date of such merger. Any independent special fire |
707 | control and rescue district that adopts a resolution electing to |
708 | merge with the SWFFCD after the district's operational date |
709 | shall merge with the SWFFCD on September 30 of the calendar year |
710 | after the majority approval of a referendum pursuant to section |
711 | 21, and all of the independent special fire control and rescue |
712 | district's special acts shall expire on the date of such merger. |
713 | Pursuant to section 189.4045, Florida Statutes, as may be |
714 | amended from time to time, all assets, indebtedness, and |
715 | property of the merging independent special fire control and |
716 | rescue district are transferred to the SWFFCD on September 30 of |
717 | the calendar year of such merger. |
718 | (2) The SWFFCD shall begin providing services to the SDA |
719 | associated with the independent special fire control and rescue |
720 | district on October 1 of the calendar year of such merger. Each |
721 | merging independent special fire control and rescue district |
722 | must provide a copy of its resolution electing to merge with the |
723 | SWFFCD to the district within 10 days after the qualified |
724 | electors of such independent special fire control and rescue |
725 | district approve the merger with the SWFFCD. |
726 | Section 18. Employees; pension plans; funding.- |
727 | (1) Nothing shall limit the district's authority to make |
728 | any and all necessary employment decisions regarding personnel |
729 | transferred to the district or personnel subsequently hired by |
730 | the district. For those employees who are members of a |
731 | bargaining unit certified by the Public Employees Relations |
732 | Commission, the requirements of chapter 447, Florida Statutes, |
733 | apply to such district actions. |
734 | (2) All employees shall have the right to remain in their |
735 | current retirement plan, or transfer to another retirement plan |
736 | in accordance with law, if another retirement plan is adopted by |
737 | the fire board. However, after the effective date of this act, |
738 | an employee's employment shall not be considered terminated for |
739 | retirement purposes until the employee separates from employment |
740 | from the district. No employee may receive benefits, other than |
741 | through a deferred retirement option program, from any |
742 | retirement plan adopted by the independent special fire control |
743 | and rescue district that merged with the district while actively |
744 | employed by the district. |
745 | (3) For an independent special fire control and rescue |
746 | district that has a lawfully established firefighters' pension |
747 | trust fund in accordance with chapter 175, Florida Statutes, at |
748 | the time it merges with the district, the associated plan shall |
749 | not be deemed terminated pursuant to section 175.361, Florida |
750 | Statutes. The existing board of trustees of the firefighters' |
751 | pension trust fund shall remain for the associated independent |
752 | special fire control and rescue district pension trust fund even |
753 | upon the independent special fire control and rescue district's |
754 | dissolution pursuant to this act and shall operate pursuant to |
755 | chapter 175, Florida Statutes, within the boundaries of the |
756 | appropriate SDA. For purposes of section 175.061(1)(a), Florida |
757 | Statutes, the two members of the board of trustees for a chapter |
758 | plan that are required to be legal residents of the special fire |
759 | control and rescue district shall be legal residents of the |
760 | associated SDA and shall be appointed by the fire board. For |
761 | purposes of section 175.101, Florida Statutes, the district has |
762 | the authority to levy a premium tax on the insurance policies |
763 | within its boundaries. The moneys from such tax receipts |
764 | attributable to the insurance policies covering such property |
765 | shall be used for the benefit of the district's firefighters. |
766 | For purposes of chapter 175, Florida Statutes, the boundaries of |
767 | the district shall be deemed to include an area that has been |
768 | annexed, including those annexations that have occurred prior to |
769 | this act's effective date, until such time as the district is no |
770 | longer providing services to the annexed property. |
771 | (4) Contributions for upgrading the first 2 percent of the |
772 | member's average monthly compensation shall be pursuant to |
773 | section 121.0515(5), Florida Statutes. Contributions for |
774 | upgrading additional special risk credit in excess of 2 percent |
775 | but not to exceed 3 percent of the member's average monthly |
776 | compensation shall be an amount representing the actuarial |
777 | accrued liability for the difference in accrual value during the |
778 | period of service for which credit is being purchased. |
779 | Contributions shall be calculated by an actuary designated by |
780 | the Division of Retirement of the Department of Management |
781 | Services using the discount rate and Florida Retirement System |
782 | defined benefit plan liabilities in the most recent actuarial |
783 | valuation. The contribution for service credit being purchased |
784 | must be paid by the member or by the employer on behalf of the |
785 | member immediately upon notification by the Division of |
786 | Retirement of the Department of Management Services. |
787 | Section 19. Transfer of powers.-In accordance with section |
788 | 4, Article VIII of the State Constitution, by law or by |
789 | resolution of both the governing bodies of the affected local |
790 | government and the district, a county or municipality may |
791 | transfer its fire protection and rescue services to the |
792 | district. The district may not levy ad valorem taxes upon the |
793 | transferred properties until such time as an ad valorem millage |
794 | rate is approved by the electors of the area. However, the |
795 | district may charge all other fees that it is authorized to |
796 | impose and collect immediately upon the properties after the |
797 | transfer. Until the electors of the transferred properties |
798 | approve the district's millage rate, the local government that |
799 | transferred its powers to the district shall pay the district, |
800 | by January 1 of each year, an amount equal to the ad valorem |
801 | taxes that the district would have collected had the district |
802 | been able to levy and collect its ad valorem taxes on the |
803 | transferred properties. |
804 | Section 20. Referendum on the merger with Southwest |
805 | Florida Fire Control and Rescue District.- |
806 | (1) Upon notification to the Supervisor of Elections of |
807 | Collier County by at least one independent special fire control |
808 | and rescue district of its adoption of a resolution calling for |
809 | a referendum on merging with the SWFFCD, the Supervisor of |
810 | Elections of Collier County shall conduct a referendum of the |
811 | qualified electors of each notifying independent special fire |
812 | control and rescue district that has provided such notification |
813 | within 30 days after the initial notification on the question of |
814 | whether the independent special fire control and rescue district |
815 | shall merge with the SWFFCD. The qualified electors residing |
816 | within each independent special fire control and rescue district |
817 | that has provided notification to the Supervisor of Elections of |
818 | Collier County shall vote on such referendum. Upon approval of a |
819 | majority of the qualified electors of the requesting independent |
820 | special fire control and rescue district voting in the |
821 | referendum, the district shall become operational. If more than |
822 | one independent special fire control and rescue district |
823 | provides notification to the Supervisor of Elections of Collier |
824 | County of the adoption of a resolution calling for a referendum |
825 | on merging with the SWFFCD prior to it becoming operational and |
826 | within 30 days after the initial notification, the district |
827 | shall become operational upon approval of a majority of the |
828 | qualified electors of at least one of the independent special |
829 | fire control and rescue districts voting in such referendum. The |
830 | referendum shall be a separate vote of each independent special |
831 | fire control and rescue district participating in the |
832 | referendum. The election shall be in accordance with the |
833 | provisions of law relating to elections currently in force in |
834 | Collier County. The cost of the referendum shall be reimbursed |
835 | to Collier County by the requesting independent special fire |
836 | control and rescue district. If more than one independent |
837 | special fire control and rescue district requests the |
838 | referendum, each independent special fire control and rescue |
839 | district shall reimburse to Collier County its proportioned |
840 | share of the cost of the referendum based on the total number of |
841 | qualified electors within its boundaries as compared to the |
842 | total number of qualified electors of the combined independent |
843 | special fire control and rescue districts calling for the |
844 | referendum. |
845 | (2) Notwithstanding section 101.161, Florida Statutes, one |
846 | of the following referendum questions shall be presented to the |
847 | electors if the independent special fire control and rescue |
848 | district or districts elect to request approval of the merger: |
849 | (a) Option 1: |
850 | REFERENDUM ON MERGER WITH THE SOUTHWEST FLORIDA FIRE CONTROL AND |
851 | RESCUE DISTRICT AND ITS AUTHORITY |
852 |
|
853 | In an effort to consolidate the independent special fire control |
854 | and rescue districts in Collier County, shall your independent |
855 | special fire control and rescue district merge into the |
856 | Southwest Florida Fire Control and Rescue District, an |
857 | independent special fire control and rescue district in Collier |
858 | County, which is authorized to exercise all powers as set forth |
859 | in its charter and chapters 191 and 189, Florida Statutes, and |
860 | your existing independent special fire control and rescue |
861 | district's existing powers, including the authority to levy an |
862 | ad valorem millage rate up to either [to be inserted by the |
863 | Supervisor of Elections of Collier County] mills or the millage |
864 | rate previously approved at referendum to be levied by your |
865 | existing independent special fire control and rescue district, |
866 | resulting in the Southwest Florida Fire Control and Rescue |
867 | District becoming your new fire control and rescue service |
868 | provider and the dissolution of your existing independent |
869 | special fire control and rescue district upon the effective date |
870 | of the merger without further legislative or voter approval? |
871 | ___Yes |
872 | ___No |
873 | (b) Option 2: |
874 | REFERENDUM ON MERGER WITH THE SOUTHWEST FLORIDA FIRE CONTROL AND |
875 | RESCUE DISTRICT AND ITS AUTHORITY |
876 |
|
877 | In an effort to consolidate the independent special fire control |
878 | and rescue districts in Collier County, shall your independent |
879 | special fire control and rescue district merge into the |
880 | Southwest Florida Fire Control and Rescue District, an |
881 | independent special fire control and rescue district in Collier |
882 | County, which is authorized to exercise all powers as set forth |
883 | in its charter and chapters 191 and 189, Florida Statutes, and |
884 | your existing independent special fire control and rescue |
885 | district's existing powers, including the authority to levy an |
886 | ad valorem millage rate up to 3.75 mills, resulting in the |
887 | Southwest Florida Fire Control and Rescue District becoming your |
888 | new fire control and rescue service provider and the dissolution |
889 | of your existing independent special fire control and rescue |
890 | district upon the effective date of the merger without further |
891 | legislative or voter approval? |
892 |
|
893 | The Southwest Florida Fire Control and Rescue District shall not |
894 | charge an ad valorem millage rate higher than [to be inserted by |
895 | the Supervisor of Elections of Collier County] mills or the |
896 | millage rate previously approved at referendum to be levied by |
897 | your independent special fire control and rescue district for |
898 | the first 5 fiscal years after it becomes operational. The |
899 | district may increase this authorized millage rate by a total of |
900 | 0.5 mills every 5 years up to the maximum 3.75 mills, unless a |
901 | greater increase in the millage rate is approved by referendum |
902 | by the district's electors. |
903 | ___Yes |
904 | ___No |
905 | (c) Option 3: |
906 | REFERENDUM ON MERGER WITH THE SOUTHWEST FLORIDA FIRE CONTROL AND |
907 | RESCUE DISTRICT AND ITS AUTHORITY |
908 |
|
909 | In an effort to consolidate the independent special fire control |
910 | and rescue districts in Collier County, shall your independent |
911 | special fire control and rescue district merge into the |
912 | Southwest Florida Fire Control and Rescue District, an |
913 | independent special fire control and rescue district in Collier |
914 | County, which is authorized to exercise all powers as set forth |
915 | in its charter and chapters 191 and 189, Florida Statutes, and |
916 | your existing independent special fire control and rescue |
917 | district's existing powers, including the authority to levy an |
918 | ad valorem millage rate up to [to be inserted by the Supervisor |
919 | of Elections of Collier County] mills, resulting in the |
920 | Southwest Florida Fire Control and Rescue District becoming your |
921 | new fire control and rescue service provider and the dissolution |
922 | of your existing independent special fire control and rescue |
923 | district upon the effective date of the merger without further |
924 | legislative or voter approval? |
925 | ___Yes |
926 | ___No |
927 | (3) The ad valorem millage rate provided for in the |
928 | referendum in paragraph (2)(c) shall be the maximum ad valorem |
929 | millage rate that has been previously approved at referendum by |
930 | the merging independent special fire control and rescue |
931 | district, and if more than one independent special fire control |
932 | and rescue district is voting at the same election, each |
933 | independent special fire control and rescue district's residents |
934 | shall vote on a referendum question that includes its existing |
935 | maximum millage rate. The ad valorem millage rate provided for |
936 | in the referendum in paragraph (2)(a) or paragraph (2)(b) shall |
937 | be determined and inserted into the referendum question by the |
938 | Supervisor of Elections of Collier County prior to the election. |
939 | The ad valorem millage rate included in the referendum shall be |
940 | determined as follows: |
941 | (a) The final certified taxable property value, as |
942 | provided by the Collier County Property Appraiser, for each |
943 | independent special fire control and rescue district |
944 | participating in the referendum for the most recent fiscal year |
945 | shall be multiplied by the maximum millage rate allowable by |
946 | each independent special fire control and rescue district |
947 | participating in the referendum. |
948 | (b) The resulting revenue amount from each independent |
949 | special fire control and rescue district participating in the |
950 | referendum shall then be added together to arrive at a total |
951 | revenue amount for the SWFFCD. |
952 | (c) This combined revenue amount shall then be divided by |
953 | the combined taxable property value of each independent special |
954 | fire control and rescue district participating in the referendum |
955 | to arrive at the millage rate necessary to generate that amount |
956 | of revenue. |
957 | (d) This millage rate shall then be adjusted by the growth |
958 | in per capita Florida personal income as provided by the |
959 | Department of Revenue on the Maximum Millage Levy Calculation |
960 | Preliminary Disclosure Form (Form DR-420MM-P) to arrive at an |
961 | adjusted millage rate, and this adjusted millage rate shall then |
962 | be multiplied by 1.10 as provided in general law to arrive at |
963 | the maximum starting millage rate for the SWFFCD, which shall be |
964 | included in the referendum question. The Supervisor of Elections |
965 | of Collier County shall also present the referendum question |
966 | that has been selected to be presented pursuant to this act. |
967 | Section 21. Referendum on the merger with the Southwest |
968 | Florida Fire Control and Rescue District after its operational |
969 | date.- |
970 | (1) Upon notification to the Supervisor of Elections of |
971 | Collier County by an independent special fire control and rescue |
972 | district of its adoption of a resolution calling for a |
973 | referendum on merging with the SWFFCD, the Supervisor of |
974 | Elections of Collier County shall conduct a referendum of the |
975 | qualified electors of the notifying independent special fire |
976 | control and rescue district on the question of whether the |
977 | independent special fire control and rescue district shall merge |
978 | with the district and shall be authorized to levy ad valorem |
979 | taxes at the next regularly scheduled general election date |
980 | after notification or at a special election as requested by the |
981 | independent special fire control and rescue district. The |
982 | qualified electors residing within the independent special fire |
983 | control and rescue district that has provided notification to |
984 | the Supervisor of Elections of Collier County shall vote on such |
985 | referendum. Upon approval by a majority of the qualified |
986 | electors of the requesting independent special fire control and |
987 | rescue district voting in the referendum, the independent |
988 | special fire control and rescue district shall merge with the |
989 | district pursuant to this act. The election shall be in |
990 | accordance with the provisions of law relating to the elections |
991 | currently in force in Collier County. The cost of the referendum |
992 | shall be reimbursed to Collier County by the requesting |
993 | independent special fire control and rescue district. There |
994 | shall be no referendum of the qualified electors of the SWFFCD |
995 | regarding whether the independent special fire control and |
996 | rescue district shall merge with the SWFFCD. |
997 | (2)(a) Notwithstanding section 101.161, Florida Statutes, |
998 | the following referendum question shall be presented to the |
999 | electors of the independent special fire control and rescue |
1000 | district if the governing body of the independent special fire |
1001 | control and rescue district electing to request approval of the |
1002 | merger with the SWFFCD, and the merger will occur after the |
1003 | SWFFCD's operational date: |
1004 |
|
1005 | REFERENDUM ON MERGER WITH THE SOUTHWEST FLORIDA FIRE CONTROL AND |
1006 | RESCUE DISTRICT AND ITS AUTHORITY |
1007 |
|
1008 | In an effort to consolidate the independent special fire control |
1009 | and rescue districts in Collier County, shall your independent |
1010 | special fire control and rescue district merge into the |
1011 | Southwest Florida Fire Control and Rescue District, an |
1012 | independent special fire control and rescue district in Collier |
1013 | County, which is authorized to exercise all powers as set forth |
1014 | in its charter and chapters 191 and 189, Florida Statutes, and |
1015 | your existing independent special fire control and rescue |
1016 | district's existing powers, including the authority to levy an |
1017 | ad valorem millage rate up to [to be inserted by the Supervisor |
1018 | of Elections of Collier County] mills, resulting in the |
1019 | Southwest Florida Fire Control and Rescue District becoming your |
1020 | new fire control and rescue service provider and the dissolution |
1021 | of your existing independent special fire control and rescue |
1022 | district upon the effective date of the merger without further |
1023 | legislative or voter approval? |
1024 | ___Yes |
1025 | ___No |
1026 | (b) The ad valorem millage rate provided for in the |
1027 | referendum in paragraph (a) shall be determined and inserted |
1028 | into such language by the Supervisor of Elections of Collier |
1029 | County prior to the election. The ad valorem millage rate |
1030 | included in the referendum shall be either the ad valorem |
1031 | millage rate that is currently levied by the SWFFCD, the maximum |
1032 | ad valorem millage rate that has been previously approved by |
1033 | referendum of the SWFFCD, or the maximum ad valorem millage rate |
1034 | that has been previously approved at referendum by the merging |
1035 | independent special fire control and rescue district, whichever |
1036 | is higher. |
1037 | (3)(a) Notwithstanding section 101.161, Florida Statutes, |
1038 | the following referendum question shall be presented to the |
1039 | electors of the independent special fire control and rescue |
1040 | district that has a previously approved millage rate that is |
1041 | lower than the SWFFCD's maximum millage rate upon the governing |
1042 | board of the independent special fire control and rescue |
1043 | district electing to request approval of the merger with the |
1044 | SWFFCD, and the merger will occur after the SWFFCD's operational |
1045 | date: |
1046 |
|
1047 | REFERENDUM ON MERGER WITH THE SOUTHWEST FLORIDA FIRE CONTROL AND |
1048 | RESCUE DISTRICT AND ITS AUTHORITY |
1049 |
|
1050 | In an effort to consolidate the independent special fire control |
1051 | and rescue districts in Collier County, shall your independent |
1052 | special fire control and rescue district merge into the |
1053 | Southwest Florida Fire Control and Rescue District, an |
1054 | independent special fire control and rescue district in Collier |
1055 | County, which is authorized to exercise all powers as set forth |
1056 | in its charter and chapters 191 and 189, Florida Statutes, and |
1057 | your existing independent special fire control and rescue |
1058 | district's existing powers, including the authority to levy an |
1059 | ad valorem millage rate up to [to be inserted by the Supervisor |
1060 | of Elections of Collier County] mills, resulting in the |
1061 | Southwest Florida Fire Control and Rescue District becoming your |
1062 | new fire control and rescue service provider and the dissolution |
1063 | of your existing independent special fire control and rescue |
1064 | district upon the effective date of the merger without further |
1065 | legislative or voter approval? |
1066 | Yes |
1067 | No |
1068 | (b) The ad valorem millage rate provided for in the |
1069 | referendum in paragraph (a) shall be determined and inserted |
1070 | into such language by the Supervisor of Elections of Collier |
1071 | County prior to the election. The ad valorem millage rate |
1072 | included in the referendum shall be either the ad valorem |
1073 | millage rate that is currently levied by the SWFFCD, the maximum |
1074 | ad valorem millage rate that has been previously approved by |
1075 | referendum of the SWFFCD, or the maximum ad valorem millage rate |
1076 | that has been previously approved at referendum by the merging |
1077 | independent special fire control and rescue district, whichever |
1078 | is lower. |
1079 | Section 22. This act shall take effect upon becoming a |
1080 | law. |