House Bill 3543er

CODING: Words stricken are deletions; words underlined are additions.





    ENROLLED

    1998 Legislature                      HB 3543, First Engrossed



  1

  2         An act relating to the Bonita Springs Fire

  3         Control and Rescue District, Lee County;

  4         providing for a codification of special laws

  5         relating to the Bonita Springs Fire Control and

  6         Rescue District pursuant to s. 191.015, F.S.;

  7         providing legislative intent; codifying

  8         reenacting and amending all prior special acts;

  9         creating and establishing a fire control and

10         rescue district in said county and fixing the

11         boundaries of district; providing for a

12         governing body; prescribing the powers of the

13         board; authorizing the board to establish and

14         maintain emergency medical services and

15         equipment; authorizes the board to make rules

16         and regulations; providing procedure for

17         adopting a budget, giving the board the power

18         to tax; providing procedure for assessing and

19         collecting taxes; limiting tax collector's

20         responsibility; providing for payment of

21         expenses; requiring the treasurer to post a

22         bond; providing that such act shall be

23         construed liberally; providing for

24         severability; providing for the repeal of

25         chapters 65-1828, 68-90, 69-1242, 81-414,

26         96-500, and 96-545, Laws of Florida, and

27         section 6 of 87-447, Laws of Florida; providing

28         an effective date.

29

30  Be It Enacted by the Legislature of the State of Florida:

31


                                  1

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    1998 Legislature                      HB 3543, First Engrossed



  1         Section 1.  Intent.--Pursuant to s. 191.015, F.S., this

  2  act constitutes the codification of all special acts relating

  3  to the Bonita Springs Fire Control and Rescue District. It is

  4  the intent of the Legislature to provide a single,

  5  comprehensive special act charter for the district including

  6  all current legislative authority granted to the district by

  7  its several legislative enactments and any additional

  8  authority granted by this act. It is further the intent of

  9  this act to preserve all district authority, including the

10  authority to annually assess and levy against the taxable

11  property in the district a tax not to exceed 3 mills on the

12  dollar of assessed valuation, except as provided in chapter

13  97-340, Laws of Florida, chapter 191, F.S. or any other

14  applicable general or special law.

15         Section 2.  Codification.--Chapters 65-1828, 68-90,

16  69-1242, 81-414, 96-500, and 96-545, Laws of Florida, and

17  section 6 of chapter 87-447, Laws of Florida, relating to the

18  Bonita Springs Fire Control and Rescue District, are codified,

19  reenacted, amended, and repealed as provided herein.

20         Section 3.  Creation.--There is established the Bonita

21  Springs Fire Control and Rescue District, an independent

22  special district, hereinafter referred to as the district,

23  which shall include the following described lands:

24

25         All of sections 13 and 14, 24 and 25, Township

26         47 South, Range 24 East; Lee County, Florida;

27

28         Sections 13 through 36 inclusive, Township 47

29         South, Range 25 East, Lee County, Florida;

30

31


                                  2

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    1998 Legislature                      HB 3543, First Engrossed



  1         All of Township 47 South, Range 26 East; Lee

  2         County, Florida;

  3

  4         All of Township 48, Range 26 East, located in

  5         Lee County, Florida;

  6

  7         All of Sections 2, 11 and 12, Township 47

  8         South, Range 24 East, Lee County, Florida;

  9

10         Sections 1 through 4, Township 48 South, Range

11         25 East in Lee County, Florida.

12         Section 4.  Governing body.--The district shall be

13  governed by a board which shall consist of five (5) resident

14  electors of the district elected by a vote of the electors of

15  the district pursuant to chapter 97-340, Laws of Florida.

16         Section 5.  Officers; powers.--Within sixty (60) days

17  after the election of members of the board, the members shall

18  meet and elect from the membership a president, a secretary,

19  and a treasurer; provided, however, the same member may be

20  both secretary and treasurer. The district shall have and the

21  board may exercise those general and special powers prescribed

22  by chapter 97-340, Laws of Florida, chapter 191, F.S., or any

23  other applicable general or special law, as the act may be

24  amended from time to time.

25         Section 6.  Emergency medical and rescue response

26  services.--The Bonita Springs Fire Control and Rescue District

27  is authorized to establish and maintain emergency medical and

28  rescue response services and acquire and maintain rescue,

29  medical, and other emergency equipment, subject to the

30  provisions of chapter 401, Florida Statutes.

31


                                  3

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    1998 Legislature                      HB 3543, First Engrossed



  1         Section 7.  Rules and regulations.--The board is

  2  authorized to make rules and regulations for the prevention of

  3  fires, fire control, and rescue work within the district. Such

  4  rules and regulations, after being made by the board and

  5  copies thereof signed by the president and the secretary, and

  6  posted in at least three (3) public places within the

  7  district, one (1) of which must be the fire station or such

  8  similar place wherein the firefighting and rescue equipment is

  9  normally kept, after ten (10) days shall have the force and

10  effect of law.

11         Section 8.  Budget.--For the purposes of carrying into

12  effect this act the board shall annually prepare, consider,

13  and adopt a district budget pursuant to the applicable

14  requirements of chapter 200, Florida Statutes, as it may be

15  amended from time to time.

16         Section 9.  Taxing authority.--The district board shall

17  fix and cause to be levied on all property of the district,

18  real and personal, a millage sufficient to meet the

19  requirements of the adopted budget; provided, however, three

20  (3) mills is the maximum that can be levied in any one (1)

21  year, except as provided in chapter 97-340, Laws of Florida,

22  chapter 191, F.S., or any other applicable general or special

23  law.

24         Section 10.  Assessment and collection of taxes.--Taxes

25  herein provided for shall be assessed and collected in the

26  same manner and form as provided for the assessment and

27  collection of county taxes.

28         Section 11.  Tax collector's responsibility.--When such

29  taxes as provided for herein shall have been collected by the

30  tax collector of Lee County, he or she shall, on or before the

31  tenth (10th) day of each month, report to the secretary of the


                                  4

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    1998 Legislature                      HB 3543, First Engrossed



  1  board the collections made for the preceding month and remit

  2  the same to the treasurer of the board and take a receipt for

  3  the same from the treasurer. Thereupon the tax collector shall

  4  be relieved from all other and further liability as to the

  5  amount so paid the treasurer of the board.

  6         Section 12.  Expenses.--All warrants for the payment of

  7  labor, equipment, and other expenses of the board, and in

  8  carrying into effect this act and the purposes thereof, shall

  9  be payable by the treasurer of the board on accounts and

10  vouchers approved and authorized by the board.

11         Section 13.  Treasurer's bond.--The treasurer of the

12  board, when entering upon his or her duties, shall give a good

13  and sufficient bond to the Governor in the sum of five

14  thousand dollars ($5,000.00) for the faithful performance of

15  his or her duties as treasurer, the premium for such bond to

16  be paid from district funds.

17         Section 14.  Construction.--This act shall be construed

18  as remedial and shall be liberally construed to promote the

19  purpose for which it is intended.

20         Section 15.  Effect.--In the event that any part of

21  this act should be held void for any reason, such holding

22  shall not affect any other part thereof.

23         Section 16.  Repeal of prior special acts.--Chapters

24  65-1828, 68-90, 69-1242, 81-414, 96-500, and 96-545, Laws of

25  Florida, and section 6 of chapter 87-447, Laws of Florida,

26  shall be repealed 10 days after the effective date of this

27  act.

28         Section 17.  This act shall take effect upon becoming a

29  law.

30

31


                                  5