CODING: Words stricken are deletions; words underlined are additions.House Bill 0927
Florida House of Representatives - 1997 HB 927
By Representative Livingston
1 A bill to be entitled
2 An act relating to Lee County independent fire
3 control districts; prescribing uniform criteria
4 for operation of independent special
5 fire-control districts; providing definitions;
6 preempting certain special acts and general
7 acts of local application; providing for
8 district boards of commissioners and for their
9 election; providing for officers of boards;
10 providing for commissioners' compensation and
11 expenses; providing general and special powers
12 of districts; providing for ad valorem taxes,
13 non-ad valorem assessments, user charges,
14 bonds, and impact fees; providing for
15 referenda; providing for intergovernmental
16 coordination; providing for expansion, merger,
17 and dissolution of districts; providing an
18 effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Short title.--Sections 1-13 of this act may
23 be cited as the "Lee County Independent Special Fire Control
24 District Act." This act shall apply to the Alva Fire Control
25 and Rescue Service District, created pursuant to chapter
26 76-413, Laws of Florida; Bayshore Fire Protection and Rescue
27 Service District, created pursuant to chapter 76-414, Laws of
28 Florida; Boca Grande Fire Control District created pursuant to
29 chapter 22372, Laws of Florida, 1943; Bonita Springs Fire
30 Control and Rescue District created pursuant to chapter
31 65-1828, Laws of Florida; Estero Fire Protection and Rescue
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1 Service District, created pursuant to chapter 76-408, Laws of
2 Florida; Fort Myers Beach Fire Control District, created
3 pursuant to chapter 27676, Laws of Florida, 1951, and chapter
4 73-532, Laws of Florida; Fort Myers Shores Fire Protection and
5 Rescue District, created pursuant to chapter 76-409, Laws of
6 Florida; Iona-McGregor Fire Protection and Rescue Service
7 District, created pursuant to chapter 75-421, Laws of Florida;
8 Lehigh Acres Fire Control and Rescue Service District, created
9 pursuant to chapter 63-1546, Laws of Florida; Matlacha-Pine
10 Island Fire Control District created pursuant to chapter
11 63-1588, Laws of Florida; North Fort Myers Fire Control and
12 Rescue Service District, created pursuant to chapter 29240,
13 Laws of Florida, 1953; San Carlos Park Fire Protection and
14 Rescue Service District, created pursuant to chapter 76-411,
15 Laws of Florida; Sanibel Fire Control District, created
16 pursuant to chapter 30930, Laws of Florida, 1955; South Trail
17 Fire Protection and Rescue Service District, created pursuant
18 to chapter 76-412, Laws of Florida; Tice Fire Protection and
19 Rescue Service District, created pursuant to chapter 76-410,
20 Laws of Florida; Captiva Island Fire Control District, created
21 pursuant to chapter 30929, Laws of Florida, 1955; and Upper
22 Captiva Fire Protection and Rescue Service District, created
23 pursuant to chapter 90-397, Laws of Florida; as all such
24 enabling acts have been amended, shall be governed by the
25 provisions of this act.
26 Section 2. Legislative intent.--The purpose of
27 sections 1-13 of this act is to provide standards, direction,
28 and procedures concerning the operations and governance of the
29 independent special fire control districts in Lee County and
30 to:
31
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1 (1) Provide greater uniformity in independent special
2 fire control district operations and authority in Lee County.
3 (2) Provide greater uniformity in the financing
4 authority of independent special fire control districts in Lee
5 County without hampering the efficiency and effectiveness of
6 currently authorized and implemented methods and procedures of
7 raising revenue.
8 (3) Improve communication and coordination between
9 special fire control districts and other local governments in
10 Lee County with respect to short-range and long-range planning
11 to meet the demands for service delivery while maintaining
12 fiscal responsibility.
13 (4) Provide uniform procedures for electing members of
14 the governing boards of independent special fire control
15 districts in Lee County to ensure greater accountability to
16 the public.
17 Section 3. Definitions.--As used in sections 1-13 of
18 this act, the term:
19 (1) "Board" means the governing board of a district.
20 (2) "District" means an independent special fire
21 control district as described in section 1 of this act.
22 (3) "Emergency medical service" means basic and
23 advanced life support service as defined in s. 401.23, Florida
24 Statutes.
25 (4) "Rescue response service" means an initial
26 response to an emergency or accident situation including,
27 without limitation, a plane crash, trench or building
28 collapse, swimming or boating accidents, and motor vehicle
29 accidents.
30 (5) "Elector" means a person who is a resident of the
31 district and is qualified to vote in a general election within
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1 the local general-purpose government jurisdiction in which the
2 district is located.
3 Section 4. Preemption of special acts and general acts
4 of local application.--Each district described in section 1 of
5 this act, regardless of any other, more specific provision of
6 any special act or general law of local application creating
7 the charter of said district, shall comply with sections 1-13
8 of this act. It is the intent of the Legislature that the
9 provisions of this part shall supersede all special acts or
10 general laws of local application which contain the charter of
11 any of the independent special fire control districts in Lee
12 County described in section 1 of this act and any amendments
13 thereto and which address the same subjects as sections 1-13
14 of this act except as such acts, laws, or ordinances address
15 district boundaries or authorize the levy and assessment of ad
16 valorem taxes, special assessments, non-ad valorem
17 assessments, impact fees, or fees or charges by a district.
18 Further, sections 1-13 of this act do not require any
19 modification to district financing or operations which would
20 impair existing contracts, including collective bargaining
21 agreements, debt obligations, or covenants and agreements
22 relating to bonds validated or issued by the district.
23 Section 5. District boards of commissioners;
24 membership, officers, meetings.--
25 (1)(a) The business affairs of each district shall be
26 conducted and administered by a five-member board, except that
27 Captiva Fire Control District, Boca Grande Fire Control
28 District, and Sanibel Fire Control District shall remain
29 governed by three-member boards. The board seats shall be
30 designated seats 1, 2, and 3 in the case of the three-member
31 boards and seats 1, 2, 3, 4, and 5 for all five-member boards.
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1 Board elections shall be staggered with no more than two
2 members of a three-member board or three members of a
3 five-member board elected during an election year. The board
4 shall be elected in nonpartisan elections by the electors of
5 the district. Such elections shall be held at the time and in
6 the manner prescribed by law for holding general elections in
7 accordance with s. 189.405(2)(a) and (3), Florida Statutes,
8 and each member shall be elected for a term of 4 years except
9 as provided herein and serve until a successor assumes office.
10 Candidates for the board of a district shall qualify for a
11 specified seat with the county supervisor of elections. Such
12 candidates may qualify by paying a filing fee of $25 or by
13 obtaining the signatures of at least 25 registered electors of
14 the district on petition forms provided by the supervisor of
15 elections which petitions shall be submitted and checked in
16 the same manner as petitions filed by nonpartisan judicial
17 candidates pursuant to s. 105.035, Florida Statutes.
18 (b) At the next general election following the
19 effective date of this act, the members of the board shall be
20 elected by the electors of the district in the manner provided
21 in this section. The name of each candidate who qualifies for
22 election to a seat on the board shall be included on the
23 ballot, and electors may cast one vote for each seat open on
24 the board, not to exceed one vote per candidate. The
25 candidates who receive the most votes for the seats on the
26 board which are on the ballot shall be elected to the board.
27 (2) If on the effective date of this act a district
28 presently elects the members of its board, the next election
29 shall be conducted in accordance with this section, but this
30 section does not require the early expiration of any member's
31 term of office by more than 60 days.
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1 (3) Each member of the board must be a qualified
2 elector at the time he qualifies and continually throughout
3 his term.
4 (4) Each elected member of the board shall assume
5 office on the first Tuesday following the first Monday in
6 January of the succeeding year following election. Annually,
7 within 60 days after the newly elected members have taken
8 office, the board shall organize by electing from its number a
9 chair, a vice chair, a secretary and a treasurer. The
10 positions of secretary and treasurer may be held by one
11 member. Funds of the district may be disbursed only upon the
12 order or pursuant to resolution of the board, by warrant or
13 check signed by the treasurer or other person authorized by
14 the board. However, a "petty cash" account may be authorized
15 by the board. The board may give the treasurer additional
16 powers and duties that it deems appropriate.
17 (5) Members of the board may each be paid a salary or
18 honorarium to be determined by at least a majority-plus-one
19 vote of the board, which salary or honorarium may not exceed
20 $500 per month for each member. Special notice of the meeting
21 at which the board will consider a salary change shall be
22 published at least once at least 14 days prior thereto in a
23 newspaper published in Lee County. Separate compensation for
24 the board member serving as treasurer may be authorized by
25 like vote so long as total compensation for the board member
26 does not exceed $500 per month. Members may be reimbursed for
27 travel and per diem expenses as provided in s. 112.061,
28 Florida Statutes.
29 (6) If a vacancy occurs on the board for any reason,
30 the remaining members may appoint a qualified person to fill
31 the seat until the next general election, at which time an
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1 election shall be held to fill the vacancy for the remaining
2 term, if any. The board shall remove any member who has three
3 consecutive, unexcused absences from regularly scheduled
4 meetings. The board shall adopt rules defining excused and
5 unexcused absences.
6 (7) Each member shall, upon assuming office, take and
7 subscribe to the oath of office prescribed by s. 5(b), Art. II
8 of the State Constitution and s. 876.05, Florida Statutes.
9 Each member, within 30 days of assuming office, must give the
10 Governor a good and sufficient surety bond in the sum of
11 $1,000, the cost thereof being borne by the district,
12 conditioned on his faithful performance of his duties of
13 office.
14 (8) The board shall keep a permanent record book
15 entitled "Record of Proceedings of (name of district)," in
16 which the minutes of all meetings, resolutions, proceedings,
17 certificates, bonds given by commissioners, and corporate acts
18 shall be recorded. The record book shall be open to inspection
19 in the same manner as state, county, and municipal records are
20 open under ch. 119, Florida Statutes. The record book shall be
21 kept at the office or other regular place of business
22 maintained by the board in Lee County.
23 (9) All meetings of the board shall be open to the
24 public consistent with ch. 286, Florida Statutes, s. 189.417,
25 Florida Statutes, and other applicable general law.
26 Section 6. General powers.--The district shall have,
27 and the board may exercise by majority vote, the following
28 powers:
29 (1) To sue and be sued in the name of the district; to
30 adopt and use a seal and authorize the use of a facsimile
31 thereof; and to make and execute contracts and other
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1 instruments necessary or convenient to the exercise of its
2 powers.
3 (2) To provide for a pension or retirement plan for
4 its employees. Notwithstanding the prohibition against extra
5 compensation as provided in s. 215.425, Florida Statutes, the
6 board may provide for an extra compensation program, including
7 a lump-sum bonus payment program, to reward outstanding
8 employees whose performance exceeds standards, if the program
9 provides that a bonus payment may not be included in an
10 employee's regular base rate of pay and may not be carried
11 forward in subsequent years.
12 (3) To contract for the services of consultants to
13 perform planning, engineering, legal, or other professional
14 services.
15 (4) To borrow money and accept gifts; to apply for and
16 use grants or loans of money or other property from the United
17 States, the state, a unit of local government, or any person
18 for any district purposes and enter into agreements required
19 in connection therewith; and to hold, use, sell, and dispose
20 of such moneys or property for any district purpose in
21 accordance with the terms of the gift, grant, loan, or
22 agreement relating thereto.
23 (5) To adopt resolutions and procedures prescribing
24 the powers, duties, and functions of the officers of the
25 district; the conduct of the business of the district; the
26 maintenance of records; and the form of other documents and
27 records of the district. The board may also adopt ordinances
28 and resolutions that are necessary to conduct district
29 business.
30 (6) To maintain an office at places it designates in
31 Lee County and to appoint an agent of record.
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1 (7) To acquire, by purchase, lease, gift, dedication,
2 devise, or otherwise, real and personal property or any estate
3 therein for any purpose authorized by this act and to trade,
4 sell, or otherwise dispose of surplus real or personal
5 property. The board may purchase equipment by an installment
6 sales contract, if funds are available to pay the current
7 year's installments on the equipment and to pay the amounts
8 due that year on all other installments and indebtedness.
9 (8) To hold, control, and acquire by donation or
10 purchase any public easement, dedication to public use,
11 platted reservation for public purposes, or reservation for
12 those purposes authorized by sections 1-13 of this act and to
13 use such easement, dedication, or reservation for any purpose
14 authorized by sections 1-13 of this act consistent with
15 applicable adopted local government comprehensive plans and
16 land development regulations.
17 (9) To lease as lessor or lessee to or from any
18 person, firm, corporation, association, or body, public or
19 private, any facility or property of any nature for the use of
20 the district to carry out any purpose authorized by sections
21 1-13 of this act.
22 (10) To borrow money and issue bonds, revenue
23 anticipation notes, or certificates payable from and secured
24 by a pledge of funds, revenues, taxes, and assessments,
25 warrants, notes, or other evidence of indebtedness and
26 mortgage real and personal property when necessary to carry
27 out the district's duties and authority under sections 1-13 of
28 this act.
29 (11) To charge user and impact fees authorized by
30 resolution of the board, in amounts necessary to conduct
31 district activities and services, and to enforce their receipt
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1 and collection in the manner prescribed by resolution not
2 inconsistent with law.
3 (12) To exercise the right and power of eminent
4 domain, pursuant to ch. 73 or ch. 74, Florida Statutes, over
5 any property within the district, except municipal, county,
6 state, special district, or federal property used for a public
7 purpose, for the uses and purposes of the district relating
8 solely to the establishment and maintenance of fire stations
9 and fire substations, specifically including the power to take
10 easements that serve such facilities consistent with
11 applicable adopted local government comprehensive plans and
12 land development regulations.
13 (13) To cooperate or contract with other persons or
14 entities, including other governmental agencies, as is
15 necessary, convenient, incidental, or proper in connection
16 with providing effective mutual aid and furthering any power,
17 duty, or purpose authorized by sections 1-13 of this act.
18 (14) To assess and impose upon real property in the
19 district ad valorem taxes and special assessments as
20 authorized by sections 1-13 of this act.
21 (15) To impose and foreclose special assessment liens
22 as provided by sections 1-13 of this act or to impose,
23 collect, and enforce non-ad valorem assessments pursuant to
24 ch. 197, Florida Statutes.
25 (16) To select as a depository for its funds any
26 qualified public depository as defined in s. 280.02, Florida
27 Statutes, which meets all the requirements of ch. 280, Florida
28 Statutes, and has been designated by the treasurer as a
29 qualified public depository, upon such terms and conditions as
30 to the payment of interest upon the funds deposited as the
31 board deems just and reasonable.
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1 (17) To provide adequate insurance on all real and
2 personal property, equipment, employees, volunteer
3 firefighters, and other personnel.
4 (18) To organize, participate, and contribute
5 monetarily to organizations or associations relating to the
6 delivery of or improvement of fire control, prevention,
7 emergency rescue services, or district administration.
8 (19) As the exercise of the powers conferred by
9 sections 1-13 of this act constitutes actions of a political
10 subdivision of the state performing essential public
11 functions, and as the property of each district constitutes
12 public property used for public purposes, all assets and
13 properties of the districts shall be exempt from all taxes of
14 the state and any political subdivision, agency, or
15 instrumentality thereof, including property acquired through
16 the foreclosure of any tax or assessment lien.
17 Section 7. Special powers.--The independent special
18 fire control districts of Lee County shall provide for fire
19 suppression and prevention by establishing and maintaining
20 fire stations and fire substations and acquiring and
21 maintaining such fire-fighting and fire-protection equipment
22 deemed necessary to prevent or fight fires. All construction
23 shall be in compliance with applicable state, regional, and
24 local regulations including adopted comprehensive plans and
25 land development regulations. The district shall have the
26 authority to access and utilize public water supply systems at
27 no charge for the purposes of firefighting and fire
28 prevention. The board shall have and may exercise, any or all
29 of the following special powers relating to facilities and
30 duties authorized by sections 1-13 of this act:
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1 (1) Establish and maintain emergency medical and
2 rescue response services and acquire and maintain rescue,
3 medical, and other emergency equipment. Pursuant to the
4 provisions of ch. 401, Florida Statutes, and any certificate
5 of public convenience and necessity or its equivalent issued
6 thereunder.
7 (2) Employ, train, coordinate, and equip such
8 personnel and volunteer firefighters, as are necessary to
9 accomplish the duties of the district. The board may employ
10 and fix the compensation of a fire chief or chief
11 administrator. The board shall prescribe the duties of this
12 employee, which shall include supervision and management of
13 the operations of the district and its employees and
14 maintenance and operation of its facilities and equipment. The
15 fire chief or chief administrator may employ and terminate the
16 employment of such other persons, including, without
17 limitation, professional, supervisory, administrative,
18 maintenance, and clerical employees, as are necessary and
19 authorized by the board. The compensation and other conditions
20 of employment of the officers and employees of the district
21 shall be provided by the board.
22 (3) Conduct public education to promote awareness of
23 methods to prevent fires and reduce the loss of life and
24 property from fires or other public safety concerns.
25 (4) Adopt and enforce firesafety standards and codes
26 and enforce the rules of the State Fire Marshal consistent
27 with the exercise of the duties authorized by ch. 553 or ch.
28 633, Florida Statutes, with respect to fire suppression,
29 prevention, and firesafety code enforcement.
30 (5) Conduct arson investigations and cause-and-origin
31 investigations.
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1 (6) Adopt hazardous material safety plans and
2 emergency response plans in coordination with the county and
3 County Emergency Management Agency pursuant to ch. 252,
4 Florida Statutes.
5 (7) Contract with general-purpose local government for
6 emergency management planning and services.
7 Section 8. Taxes; non-ad valorem assessments; impact
8 fees and user charges.--
9 (1) AD VALOREM TAXES.--A board may levy and assess ad
10 valorem taxes on all taxable property in the district to
11 construct, operate, and maintain district facilities and
12 services; to pay the principal of, and interest on, general
13 obligation bonds of the district; and to provide for any
14 sinking or other funds established in connection with such
15 bonds. An ad valorem tax levied by the board for operating
16 purposes, exclusive of debt service on bonds, may not exceed
17 3.75 mills, subject to referendum as required by the State
18 Constitution and this act, unless a higher amount has been
19 previously authorized by law. The levy of ad valorem taxes
20 pursuant to this section must be approved by referendum called
21 by the board when the proposed levy of ad valorem taxes
22 exceeds the amount authorized by prior special act or general
23 law of local application. Nothing in this act shall require a
24 referendum on the levy of ad valorem taxes in an amount
25 previously authorized by special act or general law of local
26 application. Such tax shall be assessed, levied, and collected
27 in the same manner as county taxes. The levy of ad valorem
28 taxes approved by referendum shall be reported within 60 days
29 after the vote to the Department of Community Affairs.
30 (2) NON-AD VALOREM ASSESSMENTS.--A district may levy
31 non-ad valorem assessments as defined in s. 197.3632, Florida
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1 Statutes, to construct, operate, and maintain district
2 facilities and services. The rate of such assessments must be
3 fixed by resolution of the board of commissioners pursuant to
4 the procedures contained in section 9 of this act. Non-ad
5 valorem assessment rates set by the board may exceed the
6 maximum rates established by special act or referendum in an
7 amount not to exceed the average annual growth rate in Florida
8 personal income over the previous 5 years. Non-ad valorem rate
9 increases within the personal income threshold are deemed to
10 be within the maximum rate authorized by law at the time of
11 initial imposition. Proposed non-ad valorem assessment
12 increases which exceed the rate set the previous fiscal year
13 or the rate previously set by special act, whichever is more
14 recent, by more than the average annual growth rate in Florida
15 personal income over the last 5 years, or the first time levy
16 of non-ad valorem assessments in a district, must be approved
17 by referendum of the electors of the district. The referendum
18 on the first time levy of a special assessment shall include
19 notice of the future non-ad valorem assessment rate increases
20 permitted by this act without referendum. Non-ad valorem
21 assessments shall be imposed, collected, and enforced pursuant
22 to section 9 of this act.
23 (3) USER CHARGES.--
24 (a) The board may provide a reasonable schedule of
25 charges for emergency services, including firefighting
26 occurring in or to structures outside the district, motor
27 vehicles, marine vessels, aircraft, or rail cars, or as a
28 result of the operation of such motor vehicles or marine
29 vessels, to which the district is called to render such
30 emergency service and may charge a fee for the services
31 rendered in accordance with the schedule.
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1 (b) The board may provide a reasonable schedule of
2 charges for fighting fires occurring in or at refuse dumps or
3 as a result of an illegal burn, which fire, dump, or burn is
4 not authorized by general or special law, rule, regulation,
5 order, or ordinance, which the district is called upon to
6 fight or extinguish.
7 (c) The board may provide a reasonable schedule of
8 charges for responding, standing by as a protective measure,
9 or assisting in or mitigating emergencies that either threaten
10 or could threaten the health and safety of persons, property,
11 or the environment, to which the district has been called,
12 including, without limitation, a charge for responding to
13 false alarms.
14 (d) The board may provide a reasonable schedule of
15 charges for inspecting structures, plans, and equipment to
16 determine compliance with firesafety codes and standards.
17 (e) The district shall have a lien upon any real
18 property, motor vehicle, marine vessel, aircraft, or rail car
19 for any charge assessed under this subsection.
20 (4) IMPACT FEES.--If the general purpose local
21 government has not adopted an impact fee for fire services
22 which is distributed to the district for construction within
23 its jurisdictional boundaries, the board may establish a
24 schedule of impact fees in compliance with any standards set
25 by general law for new construction, to pay for the cost of
26 new facilities and equipment, the need for which is in whole
27 or in part the result of new construction. The impact fees
28 collected by the district under this subsection must be kept
29 separate from other revenues of the district and must be used
30 exclusively to acquire, purchase, or construct new facilities
31 or portions thereof needed to provide fire protection and
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1 emergency services to new construction. As used in this
2 subsection, the term "new facilities" means land, buildings,
3 and capital equipment, including, without limitation, fire and
4 emergency vehicles, radiotelemetry equipment, and other
5 firefighting or rescue equipment. The board shall maintain
6 adequate records to ensure that impact fees are expended only
7 for permissible new facilities or equipment. The board may
8 enter into agreements with local general-purpose governments
9 to share in the revenues from fire protection impact fees
10 imposed by such governments.
11 Section 9. Procedures for the levy and collection of
12 assessments.--
13 (1) A district may provide for the levy of non-ad
14 valorem assessments under this act on the lands and real
15 estate benefited by the exercise of the powers authorized in
16 this act, or any part thereof, for all or any part of the cost
17 thereof. Non-ad valorem assessments may be levied only on
18 benefited real property at a rate of assessment based on the
19 special benefit accruing to such property from such services
20 or improvements. The district may use any assessment
21 apportionment methodology that meets the "fair apportionment"
22 standards.
23 (2) The board may determine to exercise any power
24 authorized by this act and defray the whole or any part of the
25 expense thereof by non-ad valorem assessments. A district
26 shall adopt a non-ad valorem assessment roll pursuant to the
27 procedures contained in this section or in s. 197.3632,
28 Florida Statutes, if:
29 (a) The non-ad valorem assessment is levied for the
30 first time;
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1 (b) The non-ad valorem assessment is increased beyond
2 the maximum rate authorized by general law or special act at
3 the time of initial imposition pursuant to section 8 of this
4 act;
5 (c) The local government's boundaries have changed,
6 unless all newly affected property owners have provided
7 written consent for such assessment to the local governing
8 board; or
9 (d) There is a change in the purpose for such
10 assessment or in the use of the revenue generated by such
11 assessment.
12
13 The board shall so declare by resolution stating the nature of
14 the proposed service, the location of any capital facilities,
15 personnel, and equipment needed to provide the service, and
16 any other projected expense of providing the service or
17 improvement, and the part or portion of the expense thereof to
18 be paid by non-ad valorem assessments, the manner in which
19 said assessments shall be made, when said assessments are to
20 be paid, and what part, if any, shall be apportioned to be
21 paid from other revenues or funds of the district. Said
22 resolution shall also designate the lands upon which the
23 non-ad valorem assessments shall be levied. Such lands may be
24 designated by an assessment plat. Such resolution shall also
25 state the total estimated costs of the service and/or
26 improvement. Such estimated cost may include the cost of
27 operations including personnel, equipment, construction or
28 reconstruction, the cost of all labor and materials, the cost
29 of all lands, property, rights, easements, and franchises
30 acquired, financing charges, interest prior to and during
31 construction and for 1 year after completion of construction,
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1 discount on the sale of assessment bonds, cost of plans and
2 specifications, surveys of estimates of costs and of revenues,
3 cost of engineering and legal services, and all other expenses
4 necessary or incident to determining the feasibility or
5 practicability of such construction or reconstruction,
6 administrative expense, and such other expense may be
7 necessary or incident to the financing herein authorized.
8 (3) At the time of the adoption of the resolution
9 provided for in subsection (2), there shall be on file at the
10 district's offices, an assessment plat showing the area to be
11 assessed, with construction and operational plans and
12 specifications, and an estimate of the cost of the proposed
13 service and/or improvement, which assessment plat, plans and
14 specifications, and estimate shall be open to the inspection
15 of the public.
16 (4) Upon adoption of the resolution provided for in
17 subsection (2), or completion of the preliminary assessment
18 roll provided for in subsection (5), whichever is later, the
19 board shall publish notice of the resolution once in a
20 newspaper of general circulation in Lee County. The notice
21 shall state in brief and general terms a description of the
22 proposed service and/or improvements and that the plans,
23 specifications, and estimates are available to the public at
24 the district's offices. The notice shall also state the date
25 and time of the hearing to hear objections provided for in
26 subsection (7), which hearing shall be no earlier than 15 days
27 after publication of said notice. Such publication shall be
28 verified by the affidavit of the publisher and filed with the
29 secretary to the board.
30 (5) Upon the adoption of the resolution provided for
31 in subsection (2), the board shall cause to be made a
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1 preliminary assessment roll in accordance with the method of
2 assessment provided for in said resolution, said assessment
3 roll shall show the lots and lands assessed and the amount of
4 the benefit to and the assessment against each lot or parcel
5 of land, and, if said assessment is to be paid in
6 installments, the number of annual installments in which the
7 assessment is divided shall also be entered and shown upon
8 said assessment roll.
9 (6) Upon the completion of said preliminary assessment
10 roll, the board shall by resolution fix a time and place at
11 which the owners of the property to be assessed or any other
12 persons interested therein may appear before said board and be
13 heard as to the advisability of providing said service or,
14 making such improvements, as to the cost thereof, as to the
15 manner of payment therefor, and as to the amount thereof to be
16 assessed against each property so improved. Ten days' notice
17 in writing of such time and place shall be given to such
18 property owners. The notice shall include the amount of the
19 assessment and shall be served by mailing a copy to each of
20 such property owners at his last known address, the names and
21 addresses of such property owners to be obtained from the
22 records of the property appraiser, proof of such mailing to be
23 made by the affidavit of the secretary.
24 (7) At the time and place named in the notice provided
25 for in subsection (4), the board shall meet and hear testimony
26 from affected property owners as to the advisability of
27 providing the service and/or making the improvements and
28 funding them with non-ad valorem assessments on property.
29 Following the testimony, the board shall make a final decision
30 on whether to levy the non-ad valorem assessments, adjusting
31 assessments as may be warranted by information received at or
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1 prior to the hearing. If any property which may be chargeable
2 under this section shall have been omitted from the
3 preliminary roll or if the prima facie assessment shall not
4 have been made against it, the board may place on such roll an
5 apportionment to such property. The owners of any property so
6 added to the assessment roll shall be mailed a copy of the
7 notice provided for in subsection (6), and granted 15 days
8 from such date of mailing to file any objections with the
9 board. When so approved by resolution of the board, a final
10 assessment roll shall be filed with the vice chair of the
11 board, and such assessments shall stand confirmed and remain
12 legal, valid, and binding first liens upon the property
13 against which such assessments are made until paid. The
14 assessment so made shall be final and conclusive as to each
15 lot or parcel assessed unless proper steps be taken within 30
16 days of the filing of the final assessment roll in a court of
17 competent jurisdiction to secure relief. If the assessment
18 against any property shall be sustained or reduced or abated
19 by the court, the vice chair shall note that fact on the
20 assessment roll opposite the description of the property
21 affected thereby and notify the county property appraiser and
22 the tax collector in writing. The amount of the non-ad valorem
23 assessment against any lot or parcel which may be abated by
24 the court, unless the assessment upon the entire district be
25 abated, or the amount by which such assessment is so reduced,
26 may by resolution of the board be made chargeable against the
27 district at large, or, at the discretion of the board, a new
28 assessment roll may be prepared and confirmed in the manner
29 hereinabove provided for the preparation and confirmation of
30 the original assessment roll. The board may by resolution
31 grant a discount equal to all or a part of the payee's
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1 proportionate share of services or the cost of a capital
2 project consisting of bond financing costs, such as
3 capitalized interest, funded reserves, and bond discount
4 included in the estimated cost of the project, upon payment in
5 full of any assessment during such period prior to the time
6 such financing costs are incurred as may be specified by the
7 board.
8 (8) The non-ad valorem assessments shall be payable at
9 the time and in the manner stipulated in the resolution
10 providing for the improvement or services; shall remain liens,
11 coequal with the lien of all state, county, district, and
12 municipal taxes, superior in dignity to all other liens,
13 titles, and claims, until paid; shall bear interest, at a rate
14 authorized by law, or, if bonds have been issued, at a rate
15 not to exceed 1 percent above the rate of interest at which
16 the bonds authorized pursuant to this act and used for a
17 capital improvement are sold, from the date of the acceptance
18 of the improvement; and may, by the resolution aforesaid and
19 only for capital outlay projects, be made payable in equal
20 installments over a period not to exceed 20 years, to which,
21 if not paid when due, there shall be added a penalty at the
22 rate of 1 percent per month, until paid. However, the
23 assessments may be paid without interest at any time within 30
24 days after the improvement is completed and a resolution
25 accepting the same has been adopted by the board.
26 (9) The non-ad valorem assessments approved by the
27 board may be levied, assessed, and collected pursuant to ss.
28 197.3631-197.3635, Florida Statutes. The collection and
29 enforcement of the non-ad valorem assessment levied by the
30 district shall be at the same time and in like manner as
31 county taxes.
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1 (10) All assessments shall constitute a lien upon the
2 property so assessed from the date of confirmation of the
3 resolution ordering the improvement of the same nature and to
4 the same extent as the lien for general county, municipal, or
5 district taxes falling due in the same year or years in which
6 such assessments or installments thereof fall due, and any
7 assessment or installment not paid when due may be collected
8 with such interest and with a reasonable attorney's fee and
9 cost, but without penalties, by the district by proceedings in
10 a court of equity to foreclose the lien of assessment as a
11 lien for mortgages is or may be foreclosed under the laws of
12 the state; provided that any such proceedings to foreclose
13 shall embrace all installments of principal remaining unpaid
14 with accrued interest thereon, which installments shall, by
15 virtue of the institution of such proceedings, immediately
16 become due and payable. Nevertheless, if, prior to any sale of
17 the property under decree of foreclosure in such proceedings,
18 payment be made of the installment or installments which are
19 shown to be due under the provisions of the resolution passed
20 pursuant to subsection (9), and by this subsection and all
21 costs including attorney's fees, such payment shall have the
22 effect of restoring the remaining installments to their
23 original maturities and the proceedings shall be dismissed. It
24 shall be the duty of the district to enforce the prompt
25 collection of assessments by the means herein provided, and
26 such duty may be enforced at the suit of any holder of bonds
27 issued under this act in a court of competent jurisdiction by
28 mandamus or other appropriate proceedings or action. Not later
29 than 30 days after the annual installments are due and
30 payable, it shall be the duty of the board to direct the
31 attorney or attorneys whom the board shall then designate, to
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1 institute actions within 3 months after such direction to
2 enforce the collection of all non-ad valorem assessments
3 remaining due and unpaid at the time of such direction. Such
4 action shall be prosecuted in the manner and under the
5 conditions in and under which mortgages are foreclosed under
6 the laws of the state. It shall be lawful to join in one
7 action the collection of assessments against any or all
8 property assessed by virtue of the same assessment roll unless
9 the court shall deem such joiner prejudicial to the interest
10 of any defendant. The court shall allow a reasonable
11 attorney's fee for the attorney or attorneys of the district,
12 and the same shall be collectible as a part of or in addition
13 to the costs of the action. At the sale pursuant to decree in
14 any such action, the district may be a purchaser to the same
15 extent as an individual person or corporation, except that the
16 part of the purchase price represented by the assessments sued
17 upon and the interest thereon need not be paid in cash.
18 Property so acquired by the district may be sold or otherwise
19 disposed of, the proceeds of such disposition to be placed in
20 the fund provided by subsection (11). However, no sale or
21 other disposition thereof shall be made unless the notice
22 calling for bids therefor to be received at a stated time and
23 place shall have been published in a newspaper of general
24 circulation in the district once in each of 4-successive weeks
25 prior to such disposition.
26 (11) All assessments and charges made under the
27 provisions of this section for the payment of all or any part
28 of the cost of any improvements or services for which
29 assessment bonds shall have been issued under the provisions
30 of this act are hereby pledged to the payment of the principal
31 of and the interest on such assessment bonds and shall, when
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1 collected, be placed in a separate fund, properly designated,
2 which fund shall be used for no other purpose than the payment
3 of such principal and interest.
4 Section 10. District may issue bonds, notes, or other
5 evidences of indebtedness.--
6 (1) A district may issue general obligation bonds,
7 assessment bonds, revenue bonds, notes, or other evidences of
8 indebtedness, collectively bonds, to finance all or a part of
9 any proposed improvements authorized to be undertaken under
10 this act or under general or special law, provided that the
11 total annual payments for principal and interest on such
12 indebtedness shall not exceed 50 percent of the total annual
13 budgeted revenues of the district. The bonds shall be issued
14 in such denominations, mature on such dates and in such
15 amounts, and may be subject to optional and mandatory
16 redemption, all as shall be determined by resolutions adopted
17 by the governing board of said district. Bonds of said
18 district may bear interest at a fixed or floating or
19 adjustable rate and may be issued as interest-bearing,
20 interest-accruing bonds or zero-coupon bonds at such rate or
21 rates not exceeding the maximum rate permitted by general law,
22 all as shall be determined by resolutions of the governing
23 board of said district. Principal and interest shall be
24 payable in the manner determined by the governing board. The
25 bonds shall be signed by manual or facsimile signature of the
26 chair or vice chair of the governing board, attested with the
27 seal of said district and by the manual or facsimile signature
28 of the secretary or assistant secretary of said governing
29 board.
30 (2) The bonds shall be payable from the non-ad valorem
31 assessments, or other non-ad valorem revenues including
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1 without limitation, user fees or charges or rental income
2 authorized to be levied or collected or received pursuant to
3 this act or general law. General obligation bonds payable from
4 ad valorem taxes may also be issued by such district only
5 after compliance with s. 12, Art. VII of the State
6 Constitution. Subject to referendum approval, a district may
7 pledge its full faith and credit for the payment of principal
8 and interest on such general obligation bonds and for any
9 reserve funds provided therefor and may unconditionally and
10 irrevocably pledge itself to levy ad valorem taxes on all
11 property in the district, to the extent necessary for the
12 payment thereof. A district is authorized, after notice and
13 opportunity to be heard has been afforded to those affected,
14 to impose, charge and collect non-ad valorem revenues in
15 connection with any of the improvements authorized under this
16 act and to pledge the same for the payment of bonds.
17 (3) In connection with, or incidental to, the sale and
18 issuance of bonds, the district may enter into any contracts
19 which the governing board determines to be necessary or
20 appropriate to achieve a desirable effective interest rate in
21 connection with the bonds by means of, but not limited to,
22 contracts commonly known as investment contracts, funding
23 agreements, interest rate swap agreements, currency swap
24 agreements, forward payment conversion agreements, futures, or
25 contracts providing for payments based on levels of or changes
26 in interest rates, or contracts to exchange cash flows or a
27 series of payments, or contracts, including, without
28 limitation, options, puts, or calls to hedge payment, rate,
29 spread, or similar exposure. Such contracts or arrangements
30 may also be entered into by the district in connection with,
31 or incidental to, entering into any agreement which secures
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1 bonds or provides liquidity therefor. Such contracts and
2 arrangements shall be made upon the terms and conditions
3 established by the governing board, after giving due
4 consideration for the credit worthiness of the counterparties,
5 where applicable, including any rating by a nationally
6 recognized rating service or any other criteria as may be
7 appropriate.
8 (4) In connection with, or incidental to, the sale and
9 issuance of the bonds, or entering into any of the contracts
10 or arrangements referred to in subsection (3), the district
11 may enter into such credit enhancement or liquidity
12 agreements, with such payment, interest rate, security,
13 default, remedy, and any other terms and conditions as the
14 governing board shall determine.
15 (5) Notwithstanding any provisions of state law
16 relating to the investment or reinvestment of surplus funds of
17 any governmental unit, proceeds of the bonds and any money set
18 aside or pledged to secure payment of the principal of,
19 premium, if any, and interest on the bonds, or any of the
20 contracts entered into pursuant to subsection (3), may be
21 invested in securities or obligations described in the
22 resolution providing for the issuance of bonds.
23 (6) The bonds shall be sold in the manner not
24 inconsistent with general law, shall show the purpose for
25 which they are issued, and shall be payable out of the money
26 pledged therefor. The funds derived from the sale of bonds
27 shall be used for the purpose of paying the cost of the
28 improvements and such costs, expenses, fees, and salaries as
29 may be authorized by law.
30 (7) The non-ad valorem assessments or portion thereof
31 levied to pay principal on bonds issued pursuant to this act
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1 with respect to improvements financed therewith shall not
2 exceed the benefits assessed regarding such services or
3 improvements. In the event the bonds are sold at a discount,
4 the amount of the discount shall not be treated as principal,
5 but shall be treated as interest. Premium payable upon the
6 redemption of bonds shall also be treated as interest.
7 Interest to accrue on account of issuing bonds shall not be
8 construed as a part of the costs of the works or improvements
9 in determining whether or not the costs of making such
10 improvements are equal to or in excess of the benefits
11 assessed. In the event the property appraiser and tax
12 collector deduct their fees and charges from the amount of
13 non-ad valorem assessments levied and collected, and in the
14 event the landowners receive the statutorily permitted
15 discount for early payment of such non-ad valorem assessments,
16 the amount of such fees, charges, and discount shall not be
17 included in the amount of non-ad valorem assessments levied by
18 the district in determining whether such assessments are equal
19 to or in excess of the benefits assessed.
20 (8) A district may, whenever in the judgment of the
21 governing body thereof finds it is advisable and for the best
22 interests of the citizens of the district, issue bonds to
23 refund any or all of the then outstanding bonded indebtedness
24 of such district.
25 (9) The principal amount of refunding bonds may be in
26 any amount not in excess of the benefits assessed against the
27 lands with respect to which the refunded bonds were issued
28 less the principal amount of the refunded bonds previously
29 paid from non-ad valorem assessments. The proceeds of such
30 refunding bonds shall only be used to pay the principal,
31 premium, if any, and interest on the bonds to be refunded, any
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1 discount or expense of such sale of the refunding bonds and to
2 provide a debt service reserve fund for such refunding bonds.
3 The district may also use other available revenues to pay
4 costs associated with the issuance or administration of such
5 refunding bonds.
6 (10) Assessments shall be levied for the payment of
7 the refunding bonds in the same manner as the assessments were
8 levied for the refunded bonds and the refunding bonds shall be
9 secured by the same lien as the refunded bonds, and any
10 additional interest which will accrue on account of such
11 refunding bonds shall be included and added to the original
12 assessment and shall be secured by the same lien; but the
13 interest to accrue shall not be considered as a part of the
14 cost of construction in determining whether the assessment
15 exceeds the benefits assessed.
16 (11) No proceedings shall be required for the issuance
17 of bonds or refunding bonds other than those provided by this
18 section and by general law.
19 Section 11. Facility plans.--Each independent special
20 fire control district shall adopt a 5-year plan to identify
21 the facilities, equipment, personnel, and revenue needed by
22 the district over the next 5-year period. The plan shall be
23 updated in accordance with s. 189.415, Florida Statutes, and
24 satisfies the requirement for a public facilities report
25 required by s. 189.415(2), Florida Statutes.
26 Section 12. District expansion, merger, and
27 dissolution.--The boundaries of a district may be modified,
28 extended, or enlarged as follows:
29 (1) Lands may be added or deleted from a district only
30 by special act of the Legislature, subject to a referendum
31 vote. Lands added to a district shall also require a board
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1 resolution approving the addition of lands to the district.
2 The addition or deletion of lands may be effective only upon
3 an affirmative majority vote of the electors in the lands to
4 be included or deleted in the district.
5 (2) The merger of a district with all or a portion of
6 another independent special district or a dependent fire
7 control district is effective only upon ratification by the
8 Legislature. A district may not, solely by reason of a merger
9 with another governmental entity, increase ad valorem taxes on
10 property within the original limits of the district beyond the
11 maximum established by the district's enabling legislation,
12 unless approved by the electors of the district by referendum.
13 (3) A district may only be dissolved by special act of
14 the Legislature, subject to referendum vote of the electors of
15 the district, which may be conducted by mail ballot. If
16 legislative dissolution of a district is proposed in order to
17 consolidate fire services under county or municipal
18 government, the county or municipality shall prepare a report
19 setting forth the plans for merger, and the report shall
20 address the following factors in evaluating the proposed
21 merger:
22 (a) Whether, in light of independent fiscal analysis,
23 level-of-service implications, and other public policy
24 considerations, the proposed merger is the best alternative
25 for delivering fire services and facilities to the affected
26 area.
27 (b) Whether the fire services and facilities to be
28 provided pursuant to the merger will be compatible with the
29 capacity and uses of existing local services and facilities.
30 (c) Whether the merger is consistent with applicable
31 provisions of the state comprehensive plan, the strategic
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1 regional policy plan, and the local government comprehensive
2 plans of the affected area.
3 (d) Whether the proposed merger adequately provides
4 for the assumption of all indebtedness.
5
6 The county commission shall consider the report in a public
7 hearing held within the jurisdiction of the district. If
8 adopted by the county commission, the request for legislative
9 dissolution of the district may proceed. The adopted report
10 shall be filed as an attachment to the economic impact
11 statement regarding the proposed special act or general act of
12 local application dissolving a district.
13 Section 13. This act shall take effect upon becoming a
14 law.
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