House Bill 1579

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    Florida House of Representatives - 1999                HB 1579

        By Representatives Kilmer and Peaden






  1                      A bill to be entitled

  2         An act relating to South Walton Fire District,

  3         Walton County; creating and describing the

  4         district; prescribing its powers; providing for

  5         a board of fire commissioners; providing for

  6         terms of office and for filling vacancies in

  7         office; providing for meetings, minutes of

  8         meetings, and public access; providing for

  9         financial matters; authorizing ad valorem

10         taxes; authorizing the district to accept gifts

11         and donations; providing the district's fiscal

12         year; providing for collection of taxes;

13         providing limits and guidelines for

14         indebtedness of the district; prescribing

15         authorized uses of district funds; providing

16         penalties; ratifying actions previously taken;

17         providing for a referendum; providing effective

18         dates.

19

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

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22         Section 1.  District; establishment.--The South Walton

23  Fire District is created. The district shall include the

24  following territory:

25

26         Begin at the point of intersection of the east

27         extremity line of the Walton County/Bay County

28         Line and the mean high water line of the Gulf

29         of Mexico. Thence run due north along the

30         county line to its point of intersection with

31         the mean high water line of the south bank of

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    Florida House of Representatives - 1999                HB 1579

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  1         the Intracoastal Waterway. Thence run

  2         northwesterly along the mean high water line of

  3         the south bank of the Intracoastal Waterway to

  4         its point of intersection with Choctawhatchee

  5         Bay. Thence run westerly along the mean high

  6         water line of the south shore of Choctawhatchee

  7         Bay to its point of intersection with the

  8         Walton County/Okaloosa County Line. Thence run

  9         due south along the county line to its point of

10         intersection with the Gulf of Mexico. Thence

11         run easterly along the mean high water line of

12         the Gulf of Mexico to the point of beginning.

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14  Any federal lands located within the described boundaries of

15  the district are excluded from the district. If any portion of

16  the lands within the described boundaries of the district

17  becomes annexed into a municipality, that portion will become

18  excluded from the district on the January 1 following its

19  annexation.

20         Section 2.  District; powers.--The district is an

21  independent special fire control district under chapter 191,

22  Florida Statutes. The provisions of that chapter, specifically

23  including sections 191.006 and 191.008, Florida Statutes,

24  prescribing general and special powers, apply to the district,

25  but if any provision of that chapter conflicts with this act,

26  the provisions of this act control.

27         Section 3.  Board of fire commissioners.--The business

28  and affairs of the district shall be conducted and

29  administered by a board of seven commissioners. Two

30  commissioners shall be elected from each precinct in the

31  district, and one commissioner shall be elected at large. Each

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    Florida House of Representatives - 1999                HB 1579

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  1  member of the board must, at the time of qualifying for, and

  2  during the term of, office, be an elector of Walton County, a

  3  resident of the district, and, if elected from a precinct, a

  4  resident of that precinct. The board shall elect from its

  5  number a chairman, vice chairman, and secretary-treasurer

  6  annually in October. Such officers shall have the duties

  7  usually pertaining to like officers. Members of the board

  8  shall receive no compensation for their service, but they are

  9  entitled to reimbursement for expenses incurred in the conduct

10  of their official duties. Each member of the board, before

11  entering upon the duties of that office, shall execute to the

12  Governor for the benefit of the district a good and sufficient

13  bond in the sum of $1,000, conditioned to faithfully perform

14  the duties of that office and to account for all funds of the

15  district which come into his or her hands. The premium of the

16  bond shall be paid from funds of the district.

17         Section 4.  Fire commissioners; terms of office;

18  vacancies.--Each fire commissioner shall serve a term of 4

19  years and is eligible for reelection. Each member of the board

20  of fire commissioners serving on the effective date of this

21  act shall continue to hold office until the expiration of the

22  term to which he or she was elected. If an office becomes

23  vacant, the vacancy shall be filled by appointment by the

24  remaining members of the board for the unexpired portion of

25  the term. A person appointed to fill a vacancy must meet the

26  same qualifications as candidates for election.

27         Section 5.  Meetings; minutes.--A record shall be kept

28  of all meetings of the board. In any meeting, the concurrence

29  of a majority of the members of the board is necessary to any

30  action by the board. Meetings of the board and minutes of

31  meetings are open to the public at all times.

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    Florida House of Representatives - 1999                HB 1579

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  1         Section 6.  Financial matters.--

  2         (1)  The board may levy an ad valorem tax on taxable

  3  property within the district of up to 1 mill. The ad valorem

  4  tax authorized by this subsection shall become a lien on the

  5  property so assessed until paid. If it becomes delinquent, it

  6  is subject to the same penalties, charges, and fees for

  7  enforcement and collection as county ad valorem taxes and

  8  shall be enforced and collected as provided by law. The

  9  district's ad valorem tax shall be a first lien superior in

10  dignity to all other liens except liens for county ad valorem

11  taxes.

12         (2)  The board may accept gifts and donations and may

13  carry on community projects for fund-raising purposes.

14         (3)  The fiscal year of the district shall run from

15  October 1 until September 30 of the following year.

16         Section 7.  Taxes; collection.--The board of

17  commissioners shall notify the Walton County Property

18  Appraiser annually of taxes that the board has imposed on each

19  parcel of property within the district, and the Property

20  Appraiser shall include these taxes in the notice of proposed

21  property taxes and adopted non-ad valorem assessments for the

22  properties within the district.

23         Section 8.  Indebtedness.--

24         (1)  The board of fire commissioners may borrow money

25  for the purposes of the district. The total principal and

26  interest that may be outstanding may not exceed 50 percent of

27  the total assessment roll. The board may pledge collections on

28  such roll and may give tax anticipation notes, which shall be

29  the sole security for such loans. Neither the district nor any

30  commissioner is personally liable for such a loan or any part

31  thereof. If there is a pledge of collections on the district

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    Florida House of Representatives - 1999                HB 1579

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  1  assessment roll, it is the duty of the board, upon collection

  2  of the roll so pledged, to apply the first proceeds thereof to

  3  the payment of principal and interest on the loan for which

  4  the assessment was pledged.

  5         (2)  Except as provided in subsection (1), the board

  6  may not create indebtedness or incur obligations for any sum

  7  that it is unable to pay out of district funds then in its

  8  possession.

  9         Section 9.  Use of funds.--Funds of the district may

10  not be used for any purpose other than for the administration

11  of the affairs and business of the district; for the

12  construction, care, maintenance, upkeep, operations, and

13  purchase of standard firefighting equipment, which must meet

14  the requirements of the underwriters' association; for

15  construction and maintenance of fire stations, installation of

16  fire hydrants, payment of public utilities such as electricity

17  and water; for the salary of one or more firefighters; and for

18  such other expenses as the board determines to be in the best

19  interest of the district.

20         Section 10.  Penalty.--Any person who violates any

21  provision of this act or any rule adopted pursuant to this act

22  is guilty of a misdemeanor of the second degree, punishable as

23  provided in section 775.082 or section 775.083, Florida

24  Statutes.

25         Section 11.  All acts of the Board of Fire

26  Commissioners of the South Walton Fire District which were

27  taken before the effective date of this act are ratified and

28  confirmed.

29         Section 12.  This act, except for this section, which

30  shall take effect upon becoming a law, shall take effect only

31  if this act is ratified by the electors of the district voting

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    Florida House of Representatives - 1999                HB 1579

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  1  in a referendum election that is called by the Board of Fire

  2  Commissioners of the South Walton Fire District and held

  3  within 2 years after the date this act becomes a law. The

  4  effective date of the act shall be the date on which the

  5  results of the referendum are certified. The expenses of the

  6  election shall be paid by the board from moneys of the

  7  district.

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