House Bill 1507er

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    2000 Legislature                      HB 1507, First Engrossed



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  2         An act relating to the Fort Myers Beach Fire

  3         Control District, Lee County; providing

  4         legislative intent; providing for a

  5         codification of the special laws relating to

  6         the Fort Myers Beach Fire Control District

  7         pursuant to s. 191.015, F.S.; codifying,

  8         reenacting, and amending all prior special

  9         acts; creating and establishing a fire control

10         and rescue district as an independent district

11         in Lee County and fixing the boundaries of the

12         district; providing for a governing body;

13         prescribing the powers of the board;

14         authorizing the board to establish and maintain

15         emergency medical services and equipment;

16         authorizing the board to make policies, rules,

17         regulations, and a fire code; providing for

18         assessing and collecting taxes, assessments,

19         impact fees, and user charges; providing that

20         this act shall be construed liberally;

21         providing for severability; repealing of

22         chapters 51-27676, 53-29241, 63-1539, 63-1553,

23         71-743, 73-530, 73-532, 80-528, 81-414, 81-422,

24         82-314, 87-447, 95-458, and 95-516, Laws of

25         Florida, as said laws relate to the district;

26         providing an effective date.

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

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30         Section 1.  Pursuant to section 191.015, Florida

31  Statutes, this act constitutes the codification of all special


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    2000 Legislature                      HB 1507, First Engrossed



  1  acts relating to the Fort Myers Beach Fire Control District.

  2  It is the intent of the Legislature to provide a single,

  3  comprehensive special act charter for the Fort Myers Beach

  4  Fire Control District which includes all current legislative

  5  authority granted to the district by general law and by its

  6  several legislative enactments, as said laws may be amended

  7  from time to time, and any additional authority granted by

  8  this act.

  9         Section 2.  Chapters 51-27676, 53-29241, 63-1539,

10  63-1553, 71-743, 73-530, 73-532, 80-528, 81-414, 81-422,

11  82-314, 87-447, 95-458, and 95-516, Laws of Florida, relating

12  to the Fort Myers Beach Fire Control District, are hereby

13  codified, reenacted, and amended as provided herein.

14         Section 3.  The Fort Myers Beach Fire Control District,

15  an independent special district, hereinafter referred to as

16  the district, is re-created and the charter for such district

17  is re-created and reenacted to read:

18         Section 1.  Creation.--The geographic boundaries of the

19  Fort Myers Beach Fire Control District shall include the

20  following described lands:

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22         All that part of Lee County that is located and

23         situated within San Carlos Island; Estero

24         Island; Easterly One-Half (1/2) of Section 13,

25         Township 46 South, Range 23 East; Section 18,

26         Township 46 South, Range 24 East; and section

27         7, Township 46 South, Range 24 East except that

28         part which is located and situated north of the

29         old railroad grade; and that part of Black

30         Island, Inner Key, Lover's Key, and Long Key,

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    2000 Legislature                      HB 1507, First Engrossed



  1         north of the northern boundary line of Sections

  2         13 and 14, Township 47 South, Range 24 East.

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  4         Section 2.  Governing body.--The district shall be

  5  governed by a board which shall consist of five (5) resident

  6  electors of the district elected by a vote of the electors of

  7  the district pursuant to the laws of Florida, as said laws may

  8  be amended from time to time.

  9         Section 3.  Officers; powers.--Within sixty (60) days

10  after the election of members of the board, the members shall

11  meet and elect from the membership a chair, a vice-chair, a

12  secretary, and a treasurer; provided, however, the same member

13  may be both secretary and treasurer.  The district shall have

14  and the board may exercise those general and special powers

15  prescribed by chapter 191, Florida Statutes, chapter 97-340,

16  Laws of Florida, or any other applicable general law or

17  special law, as said laws may be amended from time to time.

18         Section 4.  Emergency medical and rescue response

19  services.--The district is authorized to establish and

20  maintain emergency medical and rescue response services and

21  acquire and maintain rescue, medical, transport, and other

22  emergency equipment as prescribed by general law and special

23  law, as said laws may be amended from time to time.

24         Section 5.  Policies, rules and regulations, and fire

25  code.--The board is authorized to make and adopt policies,

26  rules, regulations, and a fire code for the prevention of

27  fires, for fire control, and for the provision of rescue

28  services within the district.  Such policies, rules,

29  regulations, and fire code shall be adopted in accordance with

30  applicable general law and special law, as said laws may be

31  amended from time to time.


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    2000 Legislature                      HB 1507, First Engrossed



  1         Section 6.  Taxes; Non-ad valorem assessments; Impact

  2  fees; User charges.--The district board shall fix and cause to

  3  be levied on all property of the district, a millage

  4  sufficient to meet the requirements of the adopted budget;

  5  provided, however, three (3) mills is the maximum that can be

  6  levied in any one (1) year, except as provided in chapter 191,

  7  Florida Statutes, chapter 97-340, Laws of Florida, or any

  8  other applicable general law or special law, as said laws may

  9  be amended from time to time.  In addition, the district shall

10  have such authority to levy non-ad valorem assessments and

11  charge impact fees and user charges as prescribed in chapter

12  191, Florida Statutes, chapter 97-340, Laws of Florida, and

13  all other applicable general law or special law, as said laws

14  may be amended from time to time.

15         Section 7.  Assessment and collection of taxes,

16  assessments, impact fees, and user charges.--Taxes,

17  assessments, impact fees, and user charges herein provided for

18  shall be assessed and collected in the manner prescribed by

19  applicable general law or special law, as said laws may be

20  amended from time to time.

21         Section 4.  This act shall be construed as a remedial

22  act and shall be liberally construed to promote the purpose

23  for which it is intended which is a codification, reenactment,

24  and repeal of the several legislative enactments of the

25  district.

26         Section 5.  If any clause, section, or provision of

27  this act is declared unconstitutional or invalid for any cause

28  or reason, it shall be eliminated from this act, and the

29  remaining portion of the act shall remain in full force and

30  effect as if said unconstitutional or invalid portion had not

31  been incorporated herein.


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    ENROLLED

    2000 Legislature                      HB 1507, First Engrossed



  1         Section 6.  Except as specifically reenacted herein,

  2  chapters 51-27676, 53-29241, 63-1539, 63-1553, 71-743, 73-530,

  3  73-532, 80-528, 81-414, 81-422, 82-314, 87-447, 95-458, and

  4  95-516, Laws of Florida, as said laws relate to the district,

  5  are hereby repealed.

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

  7  law.

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