Senate Bill 2574

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    Florida Senate - 1999        (NP)                      SB 2574

    By Senator Clary





    7-337C-99

  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:

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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 Senate - 1999        (NP)                      SB 2574
    7-337C-99




  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.

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

17  independent special fire control district under chapter 191,

18  Florida Statutes. The provisions of that chapter, specifically

19  including sections 191.006 and 191.008, Florida Statutes,

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

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

22  the provisions of this act control.

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

24  and affairs of the district shall be conducted and

25  administered by a board of seven commissioners. Two

26  commissioners shall be elected from each precinct in the

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

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

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

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

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

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    Florida Senate - 1999        (NP)                      SB 2574
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  1  number a chairman, vice chairman, and secretary-treasurer

  2  annually in October. Such officers shall have the duties

  3  usually pertaining to like officers. Members of the board

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

  5  entitled to reimbursement for expenses incurred in the conduct

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

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

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

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

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

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

12  bond shall be paid from funds of the district.

13         Section 4.  Fire commissioners; terms of office;

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

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

16  of fire commissioners serving on the effective date of this

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

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

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

20  remaining members of the board for the unexpired portion of

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

22  same qualifications as candidates for election.

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

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

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

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

27  meetings are open to the public at all times.

28         Section 6.  Financial matters.--

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

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

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

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    Florida Senate - 1999        (NP)                      SB 2574
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  1  property so assessed until paid. If it becomes delinquent, it

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

  3  enforcement and collection as county ad valorem taxes and

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

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

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

  7  taxes.

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

  9  carry on community projects for fund-raising purposes.

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

11  October 1 until September 30 of the following year.

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

13  commissioners shall notify the Walton County Property

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

15  parcel of property within the district, and the Property

16  Appraiser shall include these taxes in the notice of proposed

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

18  properties within the district.

19         Section 8.  Indebtedness.--

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

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

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

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

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

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

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

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

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

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

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

31  the assessment was pledged.

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    Florida Senate - 1999        (NP)                      SB 2574
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  1         (2)  Except as provided in subsection (1), the board

  2  may not create indebtedness or incur obligations for any sum

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

  4  possession.

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

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

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

  8  construction, care, maintenance, upkeep, operations, and

  9  purchase of standard firefighting equipment, which must meet

10  the requirements of the underwriters' association; for

11  construction and maintenance of fire stations, installation of

12  fire hydrants, payment of public utilities such as electricity

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

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

15  interest of the district.

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

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

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

19  provided in section 775.082 or section 775.083, Florida

20  Statutes.

21         Section 11.  All acts of the Board of Fire

22  Commissioners of the South Walton Fire District which were

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

24  confirmed.

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

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

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

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

29  Commissioners of the South Walton Fire District and held

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

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

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    Florida Senate - 1999        (NP)                      SB 2574
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  1  results of the referendum are certified. The expenses of the

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

  3  district.

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