House Bill 1603e2

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                                     HB 1603, Second Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to the Florosa Fire Control

  3         District, Okaloosa County; repealing chapter

  4         74-543, Laws of Florida, as amended; providing

  5         for the creation and boundaries of the Florosa

  6         Fire Control District; providing the intent and

  7         purposes of this act; providing definitions;

  8         providing for the election of a district board

  9         of commissioners; providing for terms of

10         office; providing for officers and meetings of

11         the board; providing for commissioners'

12         compensation and expenses; requiring a bond;

13         providing general and special powers of the

14         district; exempting district assets and

15         property from taxation; providing requirements

16         and procedures for the levy of ad valorem

17         taxes, non-ad valorem taxes, assessments, user

18         charges, and impact fees; providing for

19         referenda; providing for enforcement; providing

20         for requirements and procedures for issuance of

21         bonds; providing for referenda; providing for

22         expansion and merger of the district

23         boundaries; providing for severability;

24         providing an effective date.

25

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

27

28         Section 1.  Chapter 74-543, Laws of Florida, is

29  codified, reenacted, amended, and repealed as herein provided.

30         Section 2.  The Florosa Fire Control District is

31  re-created and reenacted to read:


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  1         Section 1.  Creation; boundaries.--

  2         (1)  Upon this act becoming a law, all of the following

  3  lands in Okaloosa County shall be incorporated as an

  4  independent special fire control district, which shall be a

  5  public municipal corporation for the public benefit, with

  6  perpetual existence, to be known as the Florosa Fire Control

  7  District in which name it may sue and be sued, lease, own,

  8  possess, and convey real and personal property, by purchase or

  9  gift or otherwise, in order to carry out the purposes of this

10  act.  The lands so incorporated shall include the following:

11

12         Beginning at the East line of Section 14,

13         Township 2 South, Range 25 West, which is the

14         West boundary of Hurlburt Air Force Base and

15         including those portions of Sections 14, 15,

16         16, 17, 18, 19, 20, 21 and 22 that lay South of

17         the Eglin Field Military Reservation North of

18         Santa Rosa Sound within Okaloosa County,

19         Florida.  All of the above partial sections are

20         contained in Township 2 South, Range 25 West,

21         Okaloosa County, Florida.

22

23         (2)  Any lands within a municipality included in the

24  boundaries of the district as described herein shall be

25  excluded from the district and its jurisdiction.  If any area,

26  tract, or parcel of land within the boundaries of the district

27  shall hereafter become annexed to a municipality, such area,

28  tract, or parcel of land shall be excluded from the district

29  effective the next January 1 following such annexation by a

30  municipality.  Nothing contained in this act shall preclude

31  any municipality from annexing lands to the territorial limits


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                                     HB 1603, Second Engrossed/ntc



  1  of the municipality even if such land is included within the

  2  district.

  3         (3)  Should any part of the territory covered in this

  4  act be held not to be included herein, then this act shall

  5  continue in effect as to the balance of the territory.

  6         Section 2.  Intent.--The purposes of this act are to:

  7         (1)  Comply with chapter 97-256, Laws of Florida, which

  8  calls for the codification of charters of all independent

  9  special fire control districts as defined in s. 189.403,

10  Florida Statutes, which were created by special law of local

11  application or general law of local application.

12         (2)  Provide standards, direction, and procedures

13  concerning the operation and governance of the special fire

14  control district known as the Florosa Fire Control District.

15         (3)  Provide greater uniformity between the Florosa

16  Fire Control District and other independent special fire

17  control districts.

18         (4)  Provide greater uniformity in the financing

19  authority of the Florosa Fire Control District without

20  hampering the efficiency and effectiveness of current

21  authorized and implemented methods and procedures of raising

22  revenues.

23         (5)  Improve communication and coordination between the

24  Florosa Fire Control District and other local governments with

25  respect to short-range and long-range planning to meet the

26  demands for service delivery while maintaining fiscal

27  responsibility.

28         (6)  Provide uniform procedures for electing members of

29  the governing board of the Florosa Fire Control District to

30  ensure greater accountability to the public.

31         Section 3.  Definitions.--


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  1         (1)  "Board" means the governing board of the Florosa

  2  Fire Control District.

  3         (2)  "District" means the Florosa Fire Control

  4  District, an independent special fire control district as

  5  defined in s. 189.403, Florida Statutes.

  6         (3)  "Elector" means a person who is a resident of the

  7  Florosa Fire Control District and is qualified to vote in a

  8  general election within Okaloosa County.

  9         (4)  "Emergency medical service" means basic and

10  advanced life support service as defined in s. 401.23, Florida

11  Statutes.

12         (5)  "Rescue response service" means an initial

13  response to an emergency or accident situation, including, but

14  not limited to, a plane crash, a trench or building collapse,

15  a swimming or boating accident, or a motor vehicle accident.

16         Section 4.  District board of commissioners;

17  membership, terms of office, officers, meetings.--

18         (1)(a)  The business affairs of the district shall be

19  conducted and administered by a five-member board.  The board

20  shall be elected in nonpartisan elections by the electors of

21  the district.  Except as provided in this act, such elections

22  shall be held at a time and in a manner prescribed by law for

23  holding general elections in accordance with s. 189.405(2)(a)

24  and (3), Florida Statutes, and each member shall be elected

25  for a term of 4 years and serve until the member's successor

26  assumes office.  Candidates for the board of the district

27  shall qualify with the Okaloosa County Supervisor of

28  Elections. All candidates may qualify by paying a filing fee

29  of at least $25 or by obtaining the signatures of at least 25

30  registered electors of the district on petition forms provided

31  by the Supervisor of Elections which petitions shall be


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                                     HB 1603, Second Engrossed/ntc



  1  submitted and checked in the same manner as petitions filed by

  2  nonpartisan judicial candidates pursuant to s. 105.035,

  3  Florida Statutes.

  4         (b)  The members of the board shall be elected by the

  5  electors of the district in the manner provided in this

  6  section.  The office of each member of the board is designated

  7  as being a seat on the board, distinguished from each of the

  8  other seats by a numeral: 1, 2, 3, 4, or 5.  The numerical

  9  seat designation does not designate a geographical

10  subdistrict.  Each candidate for a seat on the board shall

11  designate, at the time the candidate qualifies, the seat on

12  the board for which the candidate is qualifying.  The name of

13  each candidate who qualifies for election to a seat on the

14  board shall be included on the ballot in a way that clearly

15  indicates the seat for which the candidate is a candidate.

16  The candidate for each seat who receives the most votes cast

17  for a candidate for the seat shall be elected to the board.

18         (2)  Each member of the board must be a qualified

19  elector at the time he or she qualifies and continually

20  throughout his or her term.

21         (3)  Each elected member of the board shall assume

22  office 10 days following the member's election.  Annually,

23  within 60 days after the newly elected members have taken

24  office, the board shall organize by electing from its members

25  a chair, a vice chair, a secretary, and a treasurer.  The

26  positions of secretary and treasure may be held by one member.

27  Funds of the district may be disbursed only upon the order or

28  pursuant to resolution of the board.  However, a petty cash

29  account may be authorized by the board.  The board may give

30  the treasurer additional powers and duties that it deems

31  appropriate.


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  1         (4)  Members of the board may each be paid a salary or

  2  honorarium to be determined by at least a majority plus one

  3  vote of the board, which salary or honorarium may not exceed

  4  $500 per month for each member.  Special notice of any meeting

  5  at which the board will consider a salary change for a board

  6  member shall be published at least once, at least 14 days

  7  prior to the meeting, in a newspaper of general circulation in

  8  Okaloosa County.  Separate compensation for the board member

  9  serving as treasurer may be authorized by like vote so long as

10  total compensation for the board member does not exceed $500

11  per month. Members may be reimbursed for travel and per diem

12  expenses as provided in s. 112.061, Florida Statutes.

13         (5)  If a vacancy occurs on the board due to the

14  resignation, death, or removal of a board member or the

15  failure of anyone to qualify for a board seat, the remaining

16  members may appoint a qualified person to fill the seat until

17  the next general election, at which time an election shall be

18  held to fill the vacancy for the remaining term, if any.  The

19  board shall remove any member who has three consecutive

20  unexcused absences from regularly scheduled meetings. The

21  board shall adopt a resolution defining excused and unexcused

22  absences.

23         (6)  Each member shall, upon assuming office, take and

24  subscribe to the oath of office prescribed by s. 5(b), Art. II

25  of the State Constitution and s. 876.05, Florida Statutes.

26  Each member, within 30 days of assuming office, must give the

27  Governor a good and sufficient surety bond in the sum of

28  $5,000, the cost thereof being born by the district,

29  conditioned on the member's faithful performance of his or her

30  duties of office.

31


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                                     HB 1603, Second Engrossed/ntc



  1         (7)  The board shall keep a permanent record book

  2  entitled "Record of Proceedings of the Florosa Fire Control

  3  District," in which the minutes of all meetings, resolutions,

  4  proceedings, certificates, bonds given by commissioners, and

  5  corporate acts shall be recorded.  The record book shall be

  6  open to inspection in the same manner as state, county, and

  7  municipal records are open under chapter 119, Florida

  8  Statutes, and s. 24, Art. I of the State Constitution.  The

  9  record book shall be kept at the office or other regular place

10  of business maintained by the board for the Florosa Fire

11  Control District.

12         (8)  All meetings of the board shall be open to the

13  public, consistent with chapter 286, Florida Statutes, s.

14  189.417, Florida Statutes, and other applicable general laws.

15         (9)  The officers of the board of commissioners shall

16  have the duties usually pertaining to like officers.  A record

17  shall be kept of all meetings of the board in a manner

18  consistent with subsection (7), and in such meetings

19  concurrence of a majority of the commissioners shall be

20  necessary to any affirmative action by the board.

21         (10)  The books and records of the district shall be

22  audited at least annually, at the expense of the district, as

23  outlined in s. 11.45, Florida Statutes.

24         Section 5.  General powers.--The district shall have

25  and the board may exercise by majority vote, the following

26  powers:

27         (1)  To sue and be sued in the name of the district, to

28  adopt and use a seal and authorize the use of a facsimile

29  thereof, and to make and execute contracts and other

30  instruments necessary or convenient to the exercise of its

31  powers.


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                                     HB 1603, Second Engrossed/ntc



  1         (2)  To provide for a pension or retirement plan for

  2  its employees.  Notwithstanding the prohibition against extra

  3  compensation as provided in s. 215.425, Florida Statutes, the

  4  board may provide for an extra compensation program, including

  5  a lump-sum bonus payment program, to reward outstanding

  6  employees whose performance exceeds standards, if the program

  7  provides that a bonus payment may not be included in an

  8  employee's regular base rate of pay and may not be carried

  9  forward in subsequent years.

10         (3)  To contract for the services of consultants to

11  perform planning, engineering, legal, or other professional

12  services.

13         (4)  To borrow money and accept gifts, to apply for and

14  use grants or loans of money or other property from the United

15  States, the state, a unit of local government, or any person

16  for any district purposes and enter into agreements required

17  in connection therewith, and to hold, use, sell, and dispose

18  of such moneys or property for any district purpose in

19  accordance with the terms of the gift, grant, loan, or

20  agreement relating thereto.

21         (5)  To adopt resolutions and procedures prescribing

22  the powers, duties, and functions of the officers of the

23  district, the conduct of the business of the district, the

24  maintenance of records, and the form of other documents and

25  records of the district. The board may also adopt ordinances

26  and resolutions that are necessary to conduct district

27  business, if such ordinances do not conflict with any

28  ordinances of a local general purpose government within whose

29  jurisdiction the district is located.  Any resolution or

30  ordinance adopted by the board and approved by referendum vote

31


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                                     HB 1603, Second Engrossed/ntc



  1  of district electors may only be repealed by referendum vote

  2  of district electors.

  3         (6)  To maintain an office at places it designates

  4  within a county or municipality in which the district is

  5  located and appoint an agent of record.

  6         (7)  To acquire, by purchase, lease, gift, dedication,

  7  devise, or otherwise, real and personal property or any estate

  8  therein for any purpose authorized by this act and to trade,

  9  sell, or otherwise dispose of surplus real or personal

10  property. The board may purchase equipment by an installment

11  sales contract if funds are available to pay the current

12  year's installments on the equipment and to pay the amounts

13  due that year on all other installments and indebtedness.

14         (8)  To hold, control, and acquire by donation or

15  purchase any public easement, dedication to public use,

16  platted reservation for public purposes, or reservation for

17  those purposes authorized by this act and to use such

18  easement, dedication, or reservation for any purpose

19  authorized by this act consistent with applicable adopted

20  local government comprehensive plans and land development

21  regulations.

22         (9)  To lease as lessor or lessee to or from any

23  person, firm, corporation, association, or body, public or

24  private, any facility or property of any nature for the use of

25  the district when necessary to carry out the district's duties

26  and authority under this act.

27         (10)  To borrow money and issue bonds, revenue

28  anticipation notes, or certificates payable from and secured

29  by a pledge of funds, revenues, taxes and assessments,

30  warrants, notes, or other evidence of indebtedness, and to

31


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                                     HB 1603, Second Engrossed/ntc



  1  mortgage real and personal property when necessary to carry

  2  out the district's duties and authority under this act.

  3         (11)  To charge user and impact fees authorized by

  4  resolution of the board, in amounts necessary to conduct

  5  district activities and services, and to enforce their receipt

  6  and collection in the manner prescribed by resolution and

  7  authorized by law. However, the imposition of impact fees may

  8  only be authorized as provided by subsection (4) of section 8.

  9         (12)  To exercise the right and power of eminent

10  domain, pursuant to chapter 73 or chapter 74, Florida

11  Statutes, over any property within the district, except

12  municipal, county, state, special district, or federal

13  property used for a public purpose, for the uses and purposes

14  of the district relating solely to the establishment and

15  maintenance of fire stations and fire substations,

16  specifically including the power to take easements that serve

17  such facilities consistent with applicable adopted local

18  government comprehensive plans and land development

19  regulations.

20         (13)  To cooperate or contract with other persons or

21  entities, including other governmental agencies, as necessary,

22  convenient, incidental, or proper in connection with providing

23  effective mutual aid and furthering any power, duty, or

24  purpose authorized by this act.

25         (14)  To assess and impose upon real property in the

26  district ad valorem taxes and non-ad valorem assessments as

27  authorized by this act.

28         (15)  To impose and foreclose non-ad valorem assessment

29  liens as provided by this act or to impose, collect, and

30  enforce non-ad valorem assessments pursuant to chapter 197,

31  Florida Statutes.


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  1         (16)  To select as a depository for its funds any

  2  qualified public depository as defined in s. 280.02, Florida

  3  Statutes, which meets all the requirements of chapter 280,

  4  Florida Statutes, and has been designated by the State

  5  Treasurer as a qualified public depository, upon such terms

  6  and conditions as to the payment of interest upon the funds

  7  deposited as the board deems just and reasonable.

  8         (17)  To provide adequate insurance on all real and

  9  personal property, equipment, employees, volunteer

10  firefighters, and other personnel.

11         (18)  To organize, participate in, and contribute

12  monetarily to organizations or associations relating to the

13  delivery of or improvement of fire control, fire prevention,

14  and emergency rescue services, or district administration.

15         (19)  To promulgate and enforce reasonable fire

16  regulations by resolution.

17         Section 6.  Exemption from taxation.--Since the

18  exercise of the powers conferred by this act constitutes

19  action by a political subdivision performing essential public

20  functions and since the property of each district constitutes

21  public property used for public purposes, all assets and

22  properties of the district, including property acquired

23  through the foreclosure of any tax or assessment lien, are

24  exempt from all taxes imposed by the state or any political

25  subdivision, agency, or instrumentality of the state.

26         Section 7.  Special powers.--The Florosa Fire Control

27  District shall provide for fire suppression and prevention by

28  establishing and maintaining fire stations and fire

29  substations and acquiring and maintaining such firefighting

30  and fire protection equipment deemed necessary to prevent or

31  fight fires. All construction shall be in compliance with


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                                     HB 1603, Second Engrossed/ntc



  1  applicable state, regional, and local regulations, including

  2  adopted comprehensive plans and land development regulations.

  3  The board shall have and may exercise any or all of the

  4  following special powers relating to facilities and duties

  5  authorized by this act:

  6         (1)  Establish and maintain emergency medical and

  7  rescue response services and acquire and maintain rescue,

  8  medical, and other emergency equipment, pursuant to the

  9  provisions of chapter 401, Florida Statutes, and any

10  certificate of public convenience and necessity or its

11  equivalent issued thereunder.

12         (2)  Employ, train, and equip such personnel, and

13  train, coordinate, and equip such volunteer firefighters, as

14  are necessary to accomplish the duties of the district. The

15  board may employ and fix the compensation of a fire chief or

16  chief administrator. The board shall prescribe the duties of

17  such person, which shall include supervision and management of

18  the operations of the district and its employees and

19  maintenance and operation of its facilities and equipment. The

20  fire chief or chief administrator may employ or terminate the

21  employment of such other persons, including, without

22  limitation, professional, supervisory, administrative,

23  maintenance, and clerical employees, as are necessary and

24  authorized by the board. The compensation and other conditions

25  of employment of the officers and employees of the district

26  shall be provided by the board.

27         (3)  Conduct public education to promote awareness of

28  methods to prevent fires and reduce the loss of life and

29  property from fires or other public safety concerns.

30         (4)  Adopt and enforce fire safety standards and codes

31  and enforce the rules of the State Fire Marshall consistent


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  1  with the exercise of the duties authorized by chapter 553 or

  2  chapter 633, Florida Statutes, with respect to fire

  3  suppression and prevention and fire safety code enforcement.

  4         (5)  Conduct arson investigations and cause-and-origin

  5  investigations.

  6         (6)  Adopt hazardous material safety plans and

  7  emergency response plans in coordination with the county

  8  emergency management agency as provided in chapter 252,

  9  Florida Statutes.

10         (7)  Contract with general purpose local government for

11  emergency management planning and services.

12         Section 8.  Taxes, non-ad valorem assessments; impact

13  fees and user charges.--

14         (1)  AD VALOREM TAXES.--The elected board of

15  commissioners may levy and assess ad valorem taxes on all

16  taxable property in the district to construct, operate, and

17  maintain district facilities and services, to pay the

18  principal of, and interest on, general obligation bonds of the

19  district, and to provide for any sinking or other funds

20  established in connection with such bonds.  An ad valorem tax

21  levied by the board for operating purposes, exclusive of debt

22  service on bonds, may not exceed 3.75 mills. This district has

23  the authority to levy and assess ad valorem taxes to provide

24  funds for the general purposes of the district in an amount

25  not exceeding 1.00 mill as approved by referendum of the

26  electors of the district when it was created in November 1974,

27  under the authority of chapter 74-543, Laws of Florida. The

28  levy of ad valorem taxes pursuant to this section must be

29  approved by referendum called by the board when the proposed

30  levy of ad valorem taxes exceeds the amount as authorized in

31  the referendum under the prior special act as referenced


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  1  above. Nothing in this act shall require a referendum on the

  2  levy of ad valorem taxes in the amount as previously

  3  authorized by special act, general law of local application,

  4  or county ordinance approved by referendum. Such tax shall be

  5  assessed, levied, and collected in the same manner as county

  6  taxes. The levy of ad valorem taxes approved by referendum

  7  shall be reported within 60 days after the vote to the

  8  Department of Community Affairs.

  9         (2)  NON-AD VALOREM ASSESSMENTS.--The elected board of

10  commissioners may levy non-ad valorem assessments to provide

11  funds for the purposes of the district.  The rate of such

12  assessments must be fixed by resolution of the board pursuant

13  to the procedures contained in section 9.   Non-ad valorem

14  assessment rates set by the board may exceed the maximum rates

15  established by this or any prior special act, any county

16  ordinance, the previous year's resolution, or a referendum in

17  an amount not to exceed the average annual growth rate in

18  Florida personal income over the previous 5 years. Non-ad

19  valorem assessment rate increases within the personal income

20  threshold are deemed to be within the maximum rate authorized

21  by law at the time of initial imposition. Proposed non-ad

22  valorem assessment increases which exceed the rate set the

23  previous fiscal year or the rate previously set by special act

24  or county ordinance, whichever is more recent, by more than

25  the average annual growth rate in Florida personal income over

26  the last 5 years, must be approved by referendum of the

27  electors of the district. Non-ad valorem assessments shall be

28  imposed, collected, and enforced pursuant to section 9.

29         (3)  USER CHARGES.--

30         (a)  The board may provide a reasonable schedule of

31  charges for special emergency services, including fighting


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  1  fires occurring in or to structures outside the district,

  2  motor vehicles, marine vessels, aircraft, or rail cars, or as

  3  a result of the operation of such motor vehicles or marine

  4  vessels, to which the district is called to render such

  5  emergency service, and may charge a fee for the services

  6  rendered in accordance with the schedule.

  7         (b)  The board may provide a reasonable schedule of

  8  charges for fighting fires occurring in or at refuse dumps or

  9  as a result of an illegal burn, which fire, dump, or burn is

10  not authorized by general or special law, rule, regulation,

11  order, or ordinance and which the district is called upon to

12  fight or extinguish.

13         (c)  The board may provide a reasonable schedule of

14  charges for responding to, assisting with, or mitigating

15  emergencies that either threaten or could threaten the health

16  and safety of persons, property, or the environment, to which

17  the district has been called, including a charge for

18  responding to false alarms.

19         (d)  The board may provide a reasonable schedule of

20  charges for inspecting structures, plans, and equipment to

21  determine compliance with firesafety codes and standards.

22         (e)  The district shall have a lien upon any real

23  property, motor vehicle, marine vessel, aircraft, or rail car

24  for any charge assessed under this subsection.

25         (4)  IMPACT FEES.--If the general purpose local

26  government has not adopted an impact fee for fire services

27  which is distributed to the district for construction within

28  its jurisdictional boundaries, the board may establish a

29  schedule of impact fees for new construction to pay for the

30  cost of new facilities and equipment, the need for which is in

31  whole or in part the result of new construction. The impact


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  1  fees collected by the district under this subsection shall be

  2  kept separate from other revenues of the district and must be

  3  used exclusively to acquire, purchase, or construct new

  4  facilities or portions thereof needed to provide fire

  5  protection and emergency services to new construction. As used

  6  in this subsection, "new facilities" means land, buildings,

  7  and capital equipment, including, but not limited to, fire and

  8  emergency vehicles, radio-telemetry equipment, and other

  9  firefighting or rescue equipment. The board shall maintain

10  adequate records to ensure that impact fees are expended only

11  for permissible new facilities or equipment. The board may

12  enter into agreements with general purpose local governments

13  to share in the revenues from fire protection impact fees

14  imposed by such governments.

15         Section 9.  Procedures for the levy and collection of

16  non-ad valorem assessments.--

17         (1)  The district may provide for the levy of non-ad

18  valorem assessments under this act on the lands and real

19  estate benefited by the exercise of the powers authorized by

20  this act, or any part thereof, for all or any part of the cost

21  thereof. In addition to the provisions set forth under this

22  act, the district shall also be entitled to exercise all other

23  rights and powers regarding the levy and collection of

24  additional non-ad valorem assessments as provided for under

25  chapter 191, Florida Statutes.

26         (2)  The rate of assessment shall be fixed by

27  resolution of the board of commissioners on or before June 1

28  of each year and shall not in any event exceed one (1) mill

29  with the following exceptions:

30         (a)  Fifty dollars annually shall be assessed against

31  commercial buildings with premises of 10,000 square feet or


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  1  less, and $75 annually shall be assessed against commercial

  2  businesses and commercial buildings with premises over 10,000

  3  square feet. For the purpose of determining a commercial

  4  business, it is the specific intent of this act to tax

  5  individual businesses which are within a common building which

  6  are separated by walls, partitions, or custom. The purchase of

  7  a county occupational license shall be evidence of the

  8  existence of a business. Apartment buildings, motels,

  9  condominiums, mobile home parks, and other multiple family

10  residences shall not be considered commercial buildings.

11         (b)  Each residential dwelling (including mobile homes

12  situated on any parcel of land within said district) shall pay

13  $25 annually, provided that any structure of less than 200

14  square feet located on the same lot as a dwelling subject to

15  the tax imposed under this paragraph shall not be subject to

16  tax under this paragraph. It is expressly understood that

17  mobile home parks with occupational licenses or multiunit

18  dwellings are not included in this category and shall be

19  treated under paragraph (d).

20         (c)  Six dollars per acre or fraction thereof shall be

21  assessed annually against each vacant lot and each acre or

22  fraction thereof of subdivided acreage situated within the

23  district. The term "vacant lot" as used in this paragraph

24  shall not include vacant spaces in mobile home parks.

25         (d)  The rates for apartment buildings, motels,

26  condominiums, mobile home parks, and other multiple family

27  residences shall be as follows:

28         1.  Two to 9 units or lots, $25 each annually.

29         2.  Ten to 24 units or lots, $20 each annually.

30         3.  Twenty-five to 50 units or lots, $18 each annually.

31         4.  Over 50 units or lots, $15 each annually.


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                                     HB 1603, Second Engrossed/ntc



  1

  2  The total number of units or lots shall be the basis for

  3  determining the rate which applies to each individual unit or

  4  lot.

  5         (e)  The non-ad valorem assessment amounts as

  6  established under paragraphs (2)(a)-(d) shall be subject to

  7  annual increases, as may be approved by the board of

  8  commissioners as provided for under subsection (2) of section

  9  8.

10         (3)  The board of commissioners may adopt by resolution

11  the current tax assessment and collection roll compiled and

12  prepared by the tax assessor of Okaloosa County and may adopt

13  a resolution fixing the levy on each lot or parcel of land

14  subject to taxation in the district, or may, at its

15  discretion, prepare or cause to be prepared an assessment and

16  collection roll setting forth a description of each lot or

17  parcel of land subject to taxation in the district together

18  with the amount of assessment fixed by resolution, and shall,

19  before June 1 of each year, deliver the roll to the tax

20  assessor for collection.  All assessments shall be made

21  against the land subject to such assessments and the roll

22  shall set forth the names of the respective owners of such

23  lands.

24         (4)  Any property owner in the district shall have the

25  right to file a protest in writing between June 10 and 20 of

26  each year against the proposed assessments and the amount or

27  rate thereof, and to appear before the board in support of

28  such protest at an opening meeting or meetings which shall be

29  held to hear and consider such protests and make adjustments

30  to the roll.

31


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                                     HB 1603, Second Engrossed/ntc



  1         (5)  Immediately after the adjustment period the board

  2  of commissioners shall adopt a resolution fixing the rate of

  3  special assessment and shall note the amount of the levy

  4  against each parcel of property described in the tax roll and

  5  shall transmit the tax roll and a certified copy of the

  6  resolution to the county tax assessor on or before July 1 each

  7  year. It shall be the duty of the tax collector of Okaloosa

  8  County to include in the county tax roll the assessments made

  9  by the board of commissioners of the district and to collect

10  such assessments according to the assessment roll and deliver

11  the proceeds of such collection, less the statutory fee,

12  monthly to the board of commissioners, taking their receipts

13  for such funds. The tax collector shall, upon delivery of such

14  funds to the board of commissioners, furnish them with a

15  description of the lands for which such payments are made.

16         (6)  Such special assessments shall be a lien upon the

17  land so assessed along with county taxes until paid and, if

18  the same become delinquent, shall be considered a part of the

19  county tax, subject to the same penalties, charges, fees, and

20  remedies for enforcement and collection and shall be enforced

21  and collected as provided by law.

22         (7)  Such special assessments shall be of equal benefit

23  to all property with fire protection being provided by the

24  Florosa Fire Control District pursuant to the provisions of

25  this act.

26         (8)  The fiscal year for the district shall be from

27  October 1 to September 30 of each year.

28         Section 10.  District issuance of bonds, notes, bond

29  anticipation notes, or other evidences of indebtedness.--

30         (1)  The district may issue general obligation bonds,

31  assessment bonds, revenue bonds, notes, bond anticipation


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                                     HB 1603, Second Engrossed/ntc



  1  notes, or other evidences of indebtedness to finance all or a

  2  part of any proposed improvements authorized to be undertaken

  3  under this act or under general or special law, provided the

  4  total annual payments for the principal and interest on such

  5  indebtedness shall not exceed 50 percent of the total annual

  6  budgeted revenues of the district. The bonds shall be issued

  7  in such denominations, mature on such dates and in such

  8  amounts, and may be subject to optional and mandatory

  9  redemption as determined by resolutions adopted by the board.

10  Bonds of the district may bear interest at a fixed, floating,

11  or adjustable rate and may be issued as interest-bearing

12  bonds, interest-accruing bonds, or zero coupon bonds at such

13  rate or rates, not exceeding the maximum rate permitted by

14  general law, as determined by resolution of the board.

15  Principal and interest shall be payable in the manner

16  determined by the board. The bonds shall be signed by manual

17  or facsimile signature of the chair or vice chair of the

18  board, attested with the seal of the district and by the

19  manual or facsimile signature of the secretary or assistant

20  secretary of the board.

21         (2)  The bonds shall be payable from the non-ad valorem

22  assessments or other non-ad valorem revenues, including,

23  without limitation, user fees or charges or rental income

24  authorized to be levied, collected, or received pursuant to

25  this act or general law. General obligation bonds payable from

26  ad valorem taxes may also be issued by the district, but only

27  after compliance with s. 12, Art. VII of the State

28  Constitution. Subject to referendum approval, a district may

29  pledge its full faith and credit for the payment of principal

30  and interest on such general obligation bonds and for any

31  reserve funds provided therefor and may unconditionally and


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                                     HB 1603, Second Engrossed/ntc



  1  irrevocably pledge itself to levy ad valorem taxes on all

  2  property in the district to the extent necessary for the

  3  payment thereof. The district is authorized, after notice and

  4  opportunity to be heard has been afforded to those affected,

  5  to impose, charge, and collect non-ad valorem revenues in

  6  connection with any of the improvements authorized under this

  7  act and to pledge the same for the payment of bonds.

  8         (3)  In connection with the sale and issuance of bonds,

  9  the district may enter into any contracts which the board

10  determines to be necessary or appropriate to achieve a

11  desirable effective interest rate in connection with the bonds

12  by means of, but not limited to, contracts commonly known as

13  investment contracts, funding agreements, interest rate swap

14  agreements, currency swap agreements, forward payment

15  conversion agreements, futures, or contracts providing for

16  payments based on levels of or changes in interest rates, or

17  contracts to exchange cash flows or a series of payments, or

18  contracts, including, without limitation, options, puts, or

19  calls, to hedge payment, rate, spread, or similar exposure.

20  Such contracts or arrangements may also be entered into by the

21  district in connection with, or incidental to, entering into

22  any agreement which secures bonds or provides liquidity

23  therefor. Such contracts and arrangements shall be made upon

24  the terms and conditions established by the board, after

25  giving due consideration to the credit worthiness of the

26  counter parties, where applicable, including any rating by a

27  nationally recognized rating service or any other criteria as

28  may be appropriate.

29         (4)  In connection with the sale and issuance of the

30  bonds, or the entering into any of the contracts or

31  arrangements referred to in subsection (3), the district may


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                                     HB 1603, Second Engrossed/ntc



  1  enter into such credit enhancement or liquidity agreements,

  2  with such payment, interest rate, security, default, remedy,

  3  and any other terms and conditions as the board shall

  4  determine.

  5         (5)  Notwithstanding any provision of law relating to

  6  the investment or reinvestment of surplus funds of any

  7  governmental unit, proceeds of the bonds and any money set

  8  aside or pledged to secure payment of the principal, or

  9  premium, if any, and interest on the bonds, or any of the

10  contracts entered into pursuant to subsection (3), may be

11  invested in securities or obligations described in the

12  resolution providing for the issuance of bonds.

13         (6)  The bonds shall be sold in any manner not

14  inconsistent with general law, shall show the purpose for

15  which they are issued, and shall be payable out of the money

16  pledged therefor. The funds derived from the sale of said

17  bonds or any contract or arrangement shall be used for the

18  purpose of paying the cost of the services or improvements and

19  such costs, expenses, fees, and salaries as may be authorized

20  by law.

21         (7)  Non-ad valorem assessments or any portion thereof

22  levied to pay the principal on bonds issued pursuant to this

23  act with respect to improvements financed therewith shall not

24  exceed the benefits assessed regarding such works or

25  improvements.  If the bonds are sold at a discount, the amount

26  of the discount shall be treated as interest, not as

27  principal.   Premiums payable upon the redemption of bonds

28  shall also be treated as interest. Interest to accrue on

29  account of issuing bonds shall not be construed as a part of

30  the costs of the works or improvements in determining whether

31  or not the costs of making such improvements are equal to or


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                                     HB 1603, Second Engrossed/ntc



  1  in excess of the benefits assessed. If the property appraiser

  2  and tax collector deduct their fees and charges from the

  3  amount of non-ad valorem assessments levied and collected, and

  4  if the landowners receive the statutorily permitted discount

  5  for early payment of such non-ad valorem assessments, the

  6  amount of such fees, charges, and discount shall not be

  7  included in the amount of non-ad valorem assessments levied by

  8  the district in determining whether such assessments are equal

  9  to or in excess of the benefits assessed.

10         (8)  The district may, whenever in the judgment of the

11  board it is advisable and in the best interests of the

12  landowners in the district, issue bonds to refund any or all

13  of the then outstanding bonded indebtedness of the district.

14         (9)  The principal amount of refunding bonds may be in

15  any amount not in excess of the benefits assessed against the

16  lands with respect to which the refunded bonds were issued

17  less the principal amount of the refunded bonds previously

18  paid from non-ad valorem assessments. The proceeds of such

19  refunding bonds shall be used only to pay the principal,

20  premium, if any, and interest on the bonds to be refunded and

21  any discount or expense of the sale of the refunding bonds and

22  to provide a debt service reserve fund for the refunding

23  bonds. The district may also use other available revenues to

24  pay costs associated with the issuance or administration of

25  the refunding bonds.

26         (10)  Assessments shall be levied for the payment of

27  the refunding bonds in the same manner as the assessments

28  levied for the refunded bonds and the refunding bonds shall be

29  secured by the same lien as the refunded bonds, and any

30  additional interest which accrues on account of the refunding

31  bonds shall be included and added to the original assessment


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                                     HB 1603, Second Engrossed/ntc



  1  and shall be secured by the same lien, provided any interest

  2  accrued shall not be considered as a part of the cost of

  3  construction in determining whether the assessment exceeds the

  4  benefits assessed.

  5         (11)  No proceedings shall be required for the issuance

  6  of bonds or refunding bonds other than those provided by this

  7  section and by general law.

  8         Section 11.  District expansion and merger.--

  9         (1)  The boundaries of the district may be modified,

10  extended, or enlarged upon approval or ratification by the

11  Legislature.

12         (2)  The merger of the district with all or portions of

13  other independent special districts or dependent fire control

14  districts is effective only upon ratification by the

15  Legislature. The district may not, solely by reason of a

16  merger with another governmental entity, increase ad valorem

17  taxes on property within the original limits of the district

18  beyond the maximum established by the district's enabling

19  legislation, unless approved by the electors of the district

20  by referendum.

21         Section 3.  If any clause, section, or provision of

22  this act shall be declared unconstitutional or invalid for any

23  reason, it shall be eliminated from this act, and the

24  remaining portion of the act shall be in full force and effect

25  and be as valid as if such invalid portion thereof had not

26  been incorporated therein.

27         Section 4.  Chapter 74-543, Laws of Florida, Chapter

28  80-551, Laws of Florida, Chapter 84-488, Laws of Florida, and

29  Chapter 89-517, Laws of Florida, are repealed.

30         Section 5.  This act shall take effect upon becoming a

31  law.


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