House Bill 1115

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    Florida House of Representatives - 1999                HB 1115

        By Representative Goodlette






  1                      A bill to be entitled

  2         An act relating to the North Naples Fire

  3         Control and Rescue District, Collier County;

  4         providing for codification of special laws

  5         regarding special districts; providing that the

  6         district is an independent special district;

  7         providing legislative intent; codifying and

  8         reenacting provisions of chapter 84-416, Laws

  9         of Florida, as amended; providing for

10         applicability of chapters 191 and 189, F.S.,

11         and other general laws; providing a district

12         charter; providing that this act shall take

13         precedence over any conflicting law to the

14         extent of such conflict; providing

15         severability; repealing all prior special acts

16         related to the North Naples Fire Control and

17         Rescue District; providing an effective date.

18

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

20

21         Section 1.  Pursuant to sections 189.429 and 191.015,

22  Florida Statutes, this act constitutes the codification of all

23  special acts relating to the North Naples Fire Control and

24  Rescue District. It is the intent of the Legislature to

25  provide a single, comprehensive special act charter for the

26  district, including all current legislative authority granted

27  to the district by its several legislative enactments, and to

28  conform the charter to chapter 191, Florida Statutes, the

29  Independent Special Fire Control District Act, and other

30  provisions of general law.

31

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  1         Section 2.  Chapters 84-416, 88-519, 89-448, 89-455,

  2  91-375, 96-512, and 98-489, Laws of Florida, relating to the

  3  North Naples Fire Control and Rescue District, are codified,

  4  reenacted, amended, and repealed as herein provided.

  5         Section 3.  The charter for the North Naples Fire

  6  Control and Rescue District is re-created and reenacted to

  7  read:

  8                            ARTICLE I

  9                             Preamble

10         Section 1.  This act establishes a charter for the

11  North Naples Fire Control and Rescue District, which district

12  was created by chapter 61-2032, Laws of Florida. The district

13  shall be deemed created by said chapter, for all purposes.

14         Section 2.  This act supersedes and repeals all

15  previous special acts relating to the North Naples Fire

16  Control and Rescue District and sets forth within this charter

17  those matters, as applicable, which are covered by such

18  previous special acts. Amendments to this district charter may

19  be made only by special act of the Legislature.  This act

20  shall be construed so as to preserve to the district all

21  powers previously granted.

22         Section 3.  The district is organized and exists for

23  all purposes set forth in this act and chapter 191, Florida

24  Statutes, as they may be amended from time to time.

25                            ARTICLE II

26                         Name of District

27         Section 1.  The name of the district shall be the

28  "North Naples Fire Control and Rescue District."

29         Section 2.  The district shall be an independent

30  special district of the State of Florida, and a body corporate

31  and politic.

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  1                           ARTICLE III

  2                    Boundaries of the District

  3         Section 1.  The district shall include the following

  4  described lands:

  5         Sections 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15,

  6         16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27,

  7         28, 29, 32, 33, 34, 35, and 36, Township 48

  8         South, Range 25 East; Sections 1, 2, 3, 4, 5,

  9         8, 9, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23,

10         and 24, Township 49 South, Range 25 East;

11         Sections 7, 8, 9, 10, 11, 12, 13, 14, 15, 16,

12         17, 18, 19, 20, 21, 22, 23, 24, 29, 30, 31, and

13         32, Township 48 South, Range 26 East; Sections

14         5, 6, 7, 8, 18, and 19, Township 49 South,

15         Range 26 East; but not including any lands

16         presently within the corporate boundaries of

17         the City of Naples.

18

19         The foregoing description notwithstanding, the

20         following area, commonly known as "Seagate",

21         "Park Shore Unit 2", "Park Shore Unit 5" and

22         "Naples Cay" shall be excluded from the

23         district: That part of government lot one,

24         Section 16, Township 49 South, Range 25 East,

25         Collier County, Florida, described as follows:

26

27         Commencing at the North quarter corner of

28         Section 16, Township 49 South, Range 25 East, a

29         4 x 4 concrete monument with brass cap set by

30         the county engineer, also being the northeast

31         corner of government lot one and being the

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  1         point of beginning: Thence run South 00 degrees

  2         45 minutes 40 seconds east for 1327.70 feet to

  3         a concrete monument the southeast corner of the

  4         northeast quarter of the northwest quarter of

  5         Section 16 also being the southeast corner of

  6         government lot one, thence south 89 degrees 23

  7         minutes 20 seconds west for 1650.75 feet to a

  8         concrete monument, thence north 00 degrees 36

  9         minutes 40 seconds west for 70.00 feet to a

10         concrete monument, thence north 07 degrees 42

11         minutes 20 seconds east for 153.60 feet to

12         concrete monument set at the water line of a

13         canal, thence north 64 degrees 11 minutes 00

14         seconds east for 130.27 feet to a concrete

15         monument set at the water line of a canal,

16         thence north 04 degrees 11 minutes 05 seconds

17         east for 38.77 feet to the point of curve,

18         thence along the arc of said curve having a

19         radius of 1545 feet, a tangent of 176.03 feet,

20         a delta angle of 13 degrees right for the arc

21         distance of 350.57 feet to the point of curve

22         of a reverse curve, thence along the arc of

23         curve having a radius of 765.00 feet, a tangent

24         of 286.02 feet, a delta angle of 41 degrees

25         left for the arc distance of 560.33 feet to the

26         point of tangent, thence north 15 degrees 37

27         minutes 05 seconds west for 70.85 feet to a

28         concrete monument set at the water line of a

29         canal, thence north 15 degrees 57 minutes 05

30         seconds west for 98.80 feet to a concrete

31         monument, thence north 89 degrees 28 minutes 40

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  1         seconds east along the North boundary of

  2         Section 16, also being the north line of

  3         government lot one, for 1776.65 feet to a

  4         concrete monument with brass cap, the north

  5         quarter corner of Section 16, also the

  6         northeast corner of government lot one and the

  7         point of beginning.

  8

  9         Commencing at the East 1/4  of Section 21,

10         Township 49 South, Range 25 East, Collier

11         County, Florida; thence along the East and West

12         1/4  line of said Section 21, South 89 degrees

13         26 minutes 20 seconds west 3665.68 feet to the

14         southwest corner of Park Shore Unit No. 1

15         according to the plat thereof as recorded in

16         Plat Book 8, pages 43 and 44, Collier County

17         Public Records, Collier County, Florida, and

18         the place of beginning of this description:

19

20         thence north 0 degrees 31 minutes 40 seconds

21         west 1709.98 feet; thence north 7 degrees 46

22         minutes 00 seconds east 918.77 feet; thence

23         north 541.25 feet; thence north 84 degrees 00

24         minutes 00 seconds west 570.17 feet; thence

25         north 2 degrees 25 minutes 00 seconds west

26         97.35 feet; thence south 87 degrees 35 minutes

27         00 seconds west 110.00 feet; thence south 87

28         degrees 00 minutes 00 seconds west 1160 feet

29         more or less to the Mean High Water Line of the

30         Gulf of Mexico; thence along said Mean High

31         Water Line, southerly 3275 feet more or less to

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  1         the east and west 1/4 line of said Section 21;

  2         thence along said east and west 1/4 line of

  3         Section 21; north 89 degrees 28 minutes 20

  4         seconds east 1540 feet more or less to the

  5         place of beginning: being a subdivision of part

  6         of the south 1/3 of Section 16 and of part of

  7         the north 1/2 of Section 21, Township 49 South,

  8         Range 25 East, Collier County, Florida.

  9

10         Commencing at the northeast corner of

11         government Lot 2 of Section 16, Township 49

12         South, Range 25 East, Collier County, Florida

13         said corner being also the northeast corner of

14         Lot 8 of Block 35 of Park Shore Unit No. 4

15         according to the plat thereof as recorded in

16         Plat Book 10, pages 101, 102, and 103, Collier

17         County Public Records, Collier County, Florida;

18         thence along the north line of said government

19         Lot 2, along the north line of said Park Shore

20         Unit No. 4, and along the south line of Seagate

21         Subdivision Unit No. 1 according to the plat

22         thereof as recorded in Plat Book 3, Page 85,

23         Collier County Public Records, Collier County,

24         Florida, South 89 degrees 25 minutes 50 seconds

25         west 1330.53 feet to the west line of said Park

26         Shore Unit No. 4 and the place of beginning of

27         the parcel herein described; thence along the

28         west line of said Park Shore Unit No. 4 in the

29         following described courses:

30

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  1         South 37 degrees 25 minutes 50 seconds west

  2         250.89 feet, south 0 degrees 34 minutes 10

  3         seconds east 225.44 feet, south 26 degrees 45

  4         minutes 30 seconds east 632.19 feet and south 5

  5         degrees 09 minutes 00 seconds east 580.72 feet

  6         to the northwest corner of Park Shore Unit No.

  7         3 according to plat thereof as recorded in Plat

  8         Book 8, pages 59 and 60, Collier County Public

  9         Records, Collier County, Florida; thence along

10         the west line of said Park Shore Unit No. 3,

11         South 5 degrees 09 minutes 00 seconds east

12         1879.04 feet to the north line of Park Shore

13         Unit No. 2 according to the plat thereof as

14         recorded in Plat Book 8, pages 54 and 55,

15         Collier County Public Records, Collier County,

16         Florida; thence along the northerly line of

17         said Park Shore Unit No. 2, in the following

18         described courses: north 84 degrees 00 minutes

19         00 seconds west 433.28 feet, north 2 degrees 25

20         minutes 00 seconds west 97.35 feet, south 87

21         degrees 35 minutes 00 seconds west 110.00 feet,

22         and south 87 degrees 00 minutes 00 seconds west

23         1160 feet more or less to the Mean High Water

24         Line of the Gulf of Mexico; thence along said

25         Mean High Water Line, northerly 3350 feet more

26         or less to a point on the westerly extension of

27         the south line of said Seagate Subdivision

28         which south line bears south 89 degrees 25

29         minutes 50 seconds west and passes through the

30         place of beginning; thence along said south

31         line and the westerly extension thereof, north

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  1         89 degrees 25 minutes 50 seconds east 1450 feet

  2         more or less to the place of beginning; being a

  3         part of the west 1/2  Section 16, Township 49

  4         South, Range 25 East, Collier County, Florida,

  5         containing 118 acres more or less.

  6

  7         Commencing at the northwest corner of the

  8         northwest 1/4  of the northeast 1/4  of Section

  9         16, Township 49 South, Range 25 East; thence

10         North 89 degrees 24 minutes 40 seconds East,

11         1650.75 feet along the north line of Parkshore

12         Unit 4 and Unit 5 to the place of beginning;

13         thence North 89 Degrees 24 minutes 40 seconds

14         East along said north line of Parkshore Unit 5,

15         740.98 feet; thence North 4 degrees 40 minutes

16         20 seconds West, 125.32 feet; thence North 89

17         degrees 24 minutes 40 seconds East, 4.73 feet;

18         thence North 4 degrees 40 minutes 20 seconds

19         West, 350.89 feet; thence North 89 degrees 24

20         minutes 40 seconds East, 197.19 feet to a

21         concrete monument on the coastal construction

22         line; thence west to the mean high water line

23         of the Gulf of Mexico; thence northerly along

24         said mean high water line to the North line of

25         Section 16, Township 49 South, Range 25 East;

26         thence East along the north line of said

27         Section 16 to the northwest corner of Seagate

28         Subdivision; thence southerly along the west

29         line of said Seagate Subdivision to the place

30         of beginning less the following described

31         lands:

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  1

  2         Parcel 2 in O.R. Book 14, Page 195 and 196;

  3         that parcel conveyed to Jane Homer Lee as

  4         described in O.R. Book 34, Page 301 and 302;

  5         that parcel conveyed to Seagate, Inc., as

  6         described in O.R. Book 182, Page 248 and 249.

  7         Subject to existing easements and rights of

  8         ingress and egress.

  9         Section 2.  Additional lands shall be included in the

10  district only upon amendment of section 1.  Section 1 may be

11  amended only by special act, and such amendment shall not

12  become effective except upon approval of the inclusion of such

13  additional lands in the district by a majority of the

14  qualified electors residing in the area proposed to be

15  included voting in a special election called for such purpose.

16  In addition, the inclusion of such lands must be approved by a

17  majority of the qualified electors residing within the

18  existing district boundaries.

19         Section 3.  In the event that property in the district

20  is annexed by the City of Naples between January 1 and July 1

21  of any year, the property shall be regarded as removed from

22  the North Naples Fire Control and Rescue District as of

23  January 1 of that year for the purpose of the levy of general

24  ad valorem taxes by the district. If annexation occurs after

25  July 1, the property shall be assessed by the district for ad

26  valorem taxes for that year. On and after the effective date

27  of annexation, the district shall be relieved of providing

28  fire service to the annexed area. The city and the district

29  may reach an agreement to determine what portion, if any, of

30  the existing indebtedness or property of the district shall be

31  assumed by the municipality of which the annexed territory

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  1  will become a part, the fair value of such indebtedness or

  2  property, and the manner of transfer and financing. Nothing

  3  herein shall relieve the property annexed from the payment of

  4  general obligation debt service incurred by the district

  5  before annexation.

  6                            ARTICLE IV

  7                      Powers of the District

  8         Section 1.  The district shall have the authority to

  9  establish, equip, operate, and maintain a fire department and

10  rescue squad within the district and may buy, lease, sell,

11  exchange, or otherwise acquire and dispose of firefighting and

12  rescue equipment and other property, real, personal, or mixed,

13  that it may from time to time deem necessary to prevent and

14  extinguish fires or provide rescue services.  This shall

15  include, but is not limited to, the authority to hire and fire

16  necessary firefighters and other personnel; to provide water,

17  water supply, water stations, and other necessary buildings;

18  to accept gifts or donations of equipment or money for the use

19  of the district; and to do all things necessary to provide

20  adequate water supply, fire prevention, and proper fire

21  protection for the district.  In addition, the board shall

22  have the authority to extend its services outside the district

23  when provided in cooperation with another governmental entity.

24         Section 2.  The district may establish and maintain

25  emergency medical and rescue response services consistent with

26  section 191.008(1), Florida Statutes, and the provisions of

27  chapter 401, Florida Statutes, and any certificate of public

28  convenience and necessity or its equivalent issued thereunder.

29         Section 3.  In addition to any other power to borrow

30  money as may be provided by this act or by law, the district

31  may borrow sufficient funds to provide for 3 months' operating

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  1  expenses, with such loan to be repaid from anticipated

  2  revenues.

  3         Section 4.  The district shall have authority to

  4  inspect and investigate all property for fire hazards. The

  5  district board, by resolution duly adopted, may assess fees

  6  for fire inspection and maintenance and replacement of

  7  hydrants in an amount reasonably related to the cost thereof

  8  and may adopt provisions creating a lien or providing for

  9  civil enforcement of such assessments.

10         Section 5.  The district is authorized to promulgate

11  rules and regulations for the prevention of fire and for fire

12  control in the district, which shall have the same force and

13  effect as law 10 days after copies thereof executed by the

14  chair and secretary of the board have been posted in at least

15  three places.

16         Section 6.  The duties and powers of the board of

17  commissioners shall be as set forth in this act and chapter

18  191, Florida Statutes, as they may be amended from time to

19  time.

20                            ARTICLE V

21                         Governing Board

22         Section 1.  The district shall be governed by a

23  district board consisting of five commissioners who are

24  residents of the district, in accordance with section 191.005,

25  Florida Statutes.

26         Section 2.  As required by section 191.005, Florida

27  Statutes, board members shall assume office 10 days following

28  their election. Annually, within 60 days after the newly

29  elected members have taken office, the board shall organize by

30  electing from its members a chair, a vice chair, a secretary,

31

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  1  and a treasurer. The positions of secretary and treasurer may

  2  be held by one member.

  3         Section 3.  In accordance with section 191.005, Florida

  4  Statutes, each commissioner may receive, from the funds of the

  5  district, compensation for his or her services in an amount

  6  not to exceed $500 per month. The secretary-treasurer may be

  7  paid an additional sum for his or her services so long as the

  8  total compensation does not exceed $500 per month.

  9         Section 4.  Members shall be reimbursed for travel and

10  per diem expenses as provided in section 112.061, Florida

11  Statutes.

12         Section 5.  In addition to any other circumstance which

13  creates a vacancy in office as provided by the State

14  Constitution or general law, the board shall remove a

15  commissioner from office if the commissioner is absent from

16  three consecutive regular meetings of the district board,

17  unless such absence is due to a valid medical reason or any

18  other excused absence as defined by resolution of the board

19  pursuant to section 191.005, Florida Statutes.

20         Section 6.  The board shall operate procedurally in

21  accordance with this act, with chapters 189 and 191, Florida

22  Statutes, and with any other applicable general or special law

23  as they may be amended from time to time.

24                            ARTICLE VI

25                             Finances

26         Section 1.  The powers, functions, and duties of the

27  district regarding ad valorem taxation, bond issuance, other

28  revenue-raising capabilities, budget preparation and approval,

29  liens and foreclosure of liens, use of tax deeds and tax

30  certificates as appropriate for non-ad valorem assessments,

31  and contractual agreements, and the methods for financing the

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  1  district and for collecting non-ad valorem assessments, fees,

  2  or service charges, shall be as set forth in this act, in

  3  chapters 170, 189, 191, and 197, Florida Statutes, and in any

  4  applicable general or special law as they may be amended from

  5  time to time.

  6         Section 2.  The district board shall annually, during

  7  the month of June, make an itemized estimate of the amount of

  8  moneys required to carry out the provisions of this act for

  9  the next fiscal year of the board, which fiscal year shall be

10  from October 1 to and including the next succeeding September

11  30, which estimate shall state the purpose for which the

12  moneys are required and the amount necessary to be raised by

13  taxation within the district, which budget and proposed

14  millage rate shall be noticed, heard, and adopted in

15  accordance with chapters 192 through 200, Florida Statutes.

16         Section 3.  The total millage for the district shall

17  not exceed 1 mill in any one fiscal year. However, the total

18  millage may be increased pursuant to section 191.009, Florida

19  Statutes, after such increase has been approved by referendum.

20         Section 4.  Taxes provided for herein shall be assessed

21  and collected, and subject to the same commission and fees for

22  assessing and collecting, in the same manner and form as

23  provided for the assessment and collection of county taxes,

24  except as otherwise provided herein.

25         Section 5.  When the tax collector has collected the

26  taxes provided for by this act, he or she shall, on or before

27  the 10th day of each month, report to the secretary-treasurer

28  of the district board the collection made for the preceding

29  month and remit the same to the secretary-treasurer of the

30  board.

31

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  1         Section 6.  All warrants for the payment of labor,

  2  equipment, materials, and other allowable expenses incurred by

  3  the board in carrying out the provisions of this act shall be

  4  payable by the secretary-treasurer of the board on accounts

  5  and vouchers approved by the board.

  6         Section 7.  The district shall have the power to issue

  7  general obligation bonds, assessment bonds, bond anticipation

  8  notes, notes, or certificates or other evidences of

  9  indebtedness (hereinafter "bonds") pledging the full faith,

10  credit, and taxing power of the district for capital projects

11  consistent with the purposes of the district in accordance

12  with the requirements of section 191.012, Florida Statutes,

13  and other applicable general law.

14         (1)  Except for refunding bonds, no bonds shall be

15  issued unless the issuance thereof has been approved at a

16  referendum held in accordance with the requirements for such

17  referendum as prescribed by general law. A referendum shall be

18  called by the board of county commissioners upon the request

19  of the board of the district. The expenses of calling and

20  holding the referendum shall be borne by the district, and the

21  district shall reimburse the county for any expenses incurred

22  in calling or holding such referendum.

23         (2)  The district may pledge its full faith and credit

24  for the payment of the principal and interest on such general

25  obligation bonds and for any reserve funds provided therefor

26  and may unconditionally and irrevocably pledge itself to levy

27  a special tax on all taxable property in the district, to the

28  extent necessary for the payment thereof, over and above all

29  other taxes authorized or permitted by this act.

30         (3)  If the board determines to issue bonds for more

31  than one purpose, the approval of the issuance of the bonds

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  1  for each and all such purposes may be submitted to the

  2  electors on one and the same ballot. The failure of the

  3  electors to approve the issuance of bonds for any one or more

  4  purposes shall not defeat the approval of bonds for any

  5  purposes which are approved by electors.

  6         (4)  Notwithstanding any provision of law to the

  7  contrary, all bonds issued under the provisions of this act

  8  shall constitute legal investments for savings banks, banks,

  9  trust companies, insurance companies, executors,

10  administrators, trustees, guardians, and other fiduciaries and

11  for any board, body, agency, instrumentality, county,

12  municipality, or other political subdivision of the state and

13  shall constitute security which may be deposited by banks or

14  trust companies as security for deposits of state, county,

15  municipal, or other public funds or by insurance companies, as

16  required, or voluntary statutory deposits.

17         (5)  Any bonds issued by the district shall be

18  incontestable in the hands of bona fide purchasers or holders

19  for value and shall not be invalid because of any irregularity

20  or defect in the proceedings for the issue and sale thereof.

21         (6)  The state pledges to the holders of any bonds

22  issued under this act that it will not limit or alter the

23  rights of the district to levy and collect the taxes provided

24  for herein and to fulfill the terms of any agreement made with

25  the holders of such bonds and that it will not in any way

26  impair the rights or remedies of such holders.

27         (7)  A default on the bonds of the district shall not

28  constitute a debt or obligation of a local general-purpose

29  government or the state.

30

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  1         Section 8.  IMPACT FEES.--The district board may allow

  2  for the assessment and collection of impact fees for capital

  3  improvement on new construction within the district.

  4         (1)(a)  It is hereby found and determined that Collier

  5  County is located in one of the fastest growing areas in the

  6  nation, and new construction and the resulting population

  7  growth are placing a strain upon the capabilities of the

  8  district to continue to provide the high level of professional

  9  fire protection and related emergency services for which the

10  residents of the district pay and which they deserve.

11         (b)  It is readily apparent that additional equipment

12  and facilities will be needed to meet the expanded commercial

13  and residential growth within the district, at a cost beyond

14  that which can be provided from current and anticipated ad

15  valorem tax revenues assessed, collected, and received by the

16  district.

17         (c)  It is hereby declared that the cost of new

18  facilities and equipment for fire protection and related

19  emergency services shall be borne by new users of the

20  district's services, to the extent that new construction

21  requires new facilities and equipment, but only to that

22  extent.

23         (d)  It is therefore the legislative intent to transfer

24  to the new users of the district's fire protection and related

25  emergency services a fair share of the costs of new facilities

26  imposed on the district by new users.

27         (e)  It is hereby declared that the amounts of impact

28  fees for capital improvement provided for in this section are

29  just, reasonable, and equitable.

30         (2)  No person shall issue or obtain a building permit

31  for new residential dwelling units or new commercial or

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  1  industrial structures within the district, or issue or obtain

  2  construction-plan approval for new mobile home developments

  3  located within the district, until the developers thereof have

  4  paid to the district the applicable impact fee for capital

  5  improvement hereinafter set forth. Impact fees for capital

  6  improvement to be assessed and collected hereunder shall not

  7  exceed the following, unless revised pursuant to the

  8  provisions of section 191.009(4), Florida Statutes:

  9         (a)  Each new residential dwelling unit: $.15 per

10  square foot of living area.

11         (b)  Each new commercial or industrial structure: $.30

12  per square foot of usable area.

13         (c)  Each new mobile home development: $.15 per square

14  foot of permitted living area.

15

16  "Living area" means that area of any structure that is covered

17  by a roof. "Permitted living area" means 25 percent of the

18  area covered by the individual lots.

19         (3)  For the purpose of this section, each unit of any

20  multifamily structure, whether it be a duplex, triplex,

21  cooperative apartment, or condominium or similar type of

22  structure, shall be considered a residential dwelling unit.

23         (4)  For the purpose of this section, any motel, hotel,

24  shopping center, church, nursing home, hospital, congregate

25  living facility (when not part of an actual residence),

26  school, fraternal lodge, veterans' lodge, or similar type of

27  structure shall be considered a commercial structure.

28         (5)  Impact fees for capital improvement collected by

29  the district pursuant to this section shall be kept and

30  maintained as a separate fund from other revenues of the

31  district and shall be used exclusively for the acquisition,

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  1  purchase, or construction of new facilities and equipment, or

  2  portions thereof, required to provide fire protection and

  3  related emergency services to new construction. "New

  4  facilities and equipment" means buildings and capital

  5  equipment, including, but not limited to, such fire and

  6  emergency vehicles and communications equipment as may from

  7  time to time be deemed necessary by the district to provide

  8  fire protection and related emergency services to the areas of

  9  new construction.

10         (6)  The impact fees for capital improvement collected

11  hereunder shall not be used for the acquisition, purchase, or

12  construction of facilities or equipment which must be obtained

13  in any event to meet the needs of the district, regardless of

14  growth within the district.

15         (7)  The district board shall maintain adequate records

16  to ensure that impact fees for capital improvement collected

17  hereunder are expended only for permissible new facilities or

18  equipment.

19         (8)  The district board shall determine the maximum

20  amount of impact fees to be assessed in any one fiscal year.

21  This determination shall be made prior to the immediately

22  succeeding fiscal year.  However, should the district board

23  authorize the collection of impact fees in an amount less than

24  the maximum specified in this act, then these fees shall be

25  uniform in each type of new construction subject to the fee.

26  The district board's determination of the amount of the impact

27  fee to be assessed in any one fiscal year shall be based on

28  the requirements set forth in this section.

29         (9)  The impact fee for capital improvement called for

30  in this section may be reduced by 50 percent if the owner of

31  the permitted structure will install fire sprinklers in

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  1  accordance with NFPA Pamphlets 13 and 13D.  Only full

  2  sprinkler coverage is acceptable for this reduction.

  3                           ARTICLE VII

  4                            Elections

  5         Section 1.  When a referendum or special election is

  6  required under the provisions of this act, the district shall

  7  reimburse the county for the costs of such election.

  8         Section 2.  The procedures for conducting any district

  9  elections or referenda required and the qualifications of an

10  elector of the district shall be as set forth in chapters 189

11  and 191, Florida Statutes.

12                           ARTICLE VIII

13                          Eminent Domain

14         The district shall have the authority to exercise the

15  power of eminent domain, pursuant to chapters 73, 74, and 191,

16  Florida Statutes, over any property located within the

17  district, except municipal, county, state, and federal

18  property, for the purpose of acquiring property for the

19  location of fire stations.  The location and construction of

20  fire stations shall comply with applicable Collier County

21  ordinances.

22                            ARTICLE IX

23                          Miscellaneous

24         Section 1.  All contracts, obligations, rules,

25  resolutions, or policies of any nature existing on the date of

26  enactment of this act shall remain in full force and effect,

27  and this act shall in no way affect the validity of such

28  contracts, obligations, rules, resolutions, or policies.

29         Section 2.  This act shall not affect the terms of

30  office of the present district board, nor shall it affect the

31

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  1  terms and conditions of employment of any employee of the

  2  district.

  3         Section 3.  Requirements for financial disclosure,

  4  meeting notices, reporting, public records maintenance, and

  5  planning shall be as set forth in chapters 189, 191, and 286,

  6  Florida Statutes, as they may be amended from time to time.

  7         Section 4.  In the event of a conflict of the

  8  provisions of this act with the provisions of any other act,

  9  the provisions of this act shall control to the extent of such

10  conflict.

11         Section 5.  In the event any section or provision of

12  this act is determined to be invalid or unenforceable, such

13  determination shall not affect the validity and enforceability

14  of each other section and provision of this act.

15         Section 6.  Chapter 84-416, Laws of Florida; section 1

16  of chapter 88-519, Laws of Florida; chapters 89-448 and

17  89-445, Laws of Florida; sections 1 and 3 of chapter 91-375,

18  Laws of Florida; and chapter 96-511, Laws of Florida, and all

19  references to the North Naples Fire Control and Rescue

20  District contained in chapter 98-489, Laws of Florida, are

21  repealed 10 days after the effective date of this act.

22         Section 7.  This act shall take effect upon becoming a

23  law.

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