House Bill 1593er

CODING: Words stricken are deletions; words underlined are additions.





    ENROLLED

    2000 Legislature                                       HB 1593



  1

  2         An act relating to the Baker Fire District,

  3         Okaloosa County; providing intent; re-creating

  4         and providing a charter for the district;

  5         providing district boundaries; providing

  6         purposes; providing definitions; providing for

  7         the election of a district board of

  8         commissioners; providing for terms of office;

  9         providing for officers and meetings of the

10         board; providing for commissioners'

11         compensation and expenses; requiring a bond;

12         providing for records; providing general and

13         special powers of the district; exempting

14         district assets and property from taxation;

15         providing requirements and procedures for the

16         levy of ad valorem taxes, non-ad valorem

17         assessments, user charges, and impact fees;

18         providing for referenda; providing for

19         enforcement; providing for requirements and

20         procedures for issuance of bonds; providing for

21         expansion and merger of the district

22         boundaries; providing for severability;

23         providing for conflicts; providing an effective

24         date.

25

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

27

28         Section 1.  This act constitutes the codification of

29  all ordinances relating to the Baker Fire District. It is the

30  intent of the Legislature in enacting this act to provide a

31  single, comprehensive special act charter for the district,


                                  1

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                                       HB 1593



  1  including all current legislative enactments and any

  2  additional authority granted by this act.

  3         Section 2.  The Baker Fire District is re-created and

  4  reenacted to read:

  5         Section 1.  Creation; intent.--The Baker Fire District

  6  is recreated as an independent fire control district which

  7  shall operate pursuant to this special act and the provisions

  8  of chapter 191, Florida Statutes, the Independent Special Fire

  9  Control District Act, as it may be amended from time to time,

10  and all other general laws, whether referenced herein or not,

11  which are applicable to independent special districts.

12         Section 2.  Creation; boundaries.--

13         (1)  All of the following lands in Okaloosa County

14  shall be incorporated as an independent special fire control

15  district, which shall be a public municipal corporation for

16  the public benefit, with perpetual existence, to be known as

17  the Baker Fire District, in which name it may sue and be sued,

18  and lease, own, possess, and convey real and personal

19  property, by purchase or gift or otherwise, to carry out the

20  purposes of this act. The lands so incorporated shall include

21  the following:

22

23         Begin at Okaloosa/Santa Rosa County line and

24         six 3/4 miles south of the Alabama State Line,

25         thence Easterly and Southeasterly on State

26         Forest Road (Peaden Bridge Road then John Riley

27         Barnhill Road) to intersect with Narrows Creek,

28         thence Easterly along Narrows Creek to

29         intersect with State Highway 189, thence run

30         North 3/4 mile along State Highway 189 to

31         intersect with State Forest Road (Shockley


                                  2

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                                       HB 1593



  1         Springs Road) thence run Easterly along State

  2         Forest Road (Shockley Springs Road) to

  3         intersect Bear Branch, continue East along Bear

  4         Branch to intersect Yellow River, thence

  5         Southerly along Yellow River to intersection

  6         with Gum Creek, thence Northwesterly along Gum

  7         Creek to intersect with Old River Road, thence

  8         South along Old River Road for 1/4 mile to

  9         intersect with Griffith Cemetery Road, thence

10         Southwesterly along Griffith Cemetery Road for

11         1 mile to intersection of North branch of Three

12         Mile Branch, thence Southerly along Three Mile

13         Branch to Mill Creek, thence Southerly along

14         South branch of Mill Creek to Garrett Mill

15         Road, thence West along Garrett Mill Road 3/8

16         mile to intersect State Highway 4, thence

17         Northwesterly along State Highway 4 to

18         intersect Keyser Mill Road, continue

19         Southwesterly along Keyser Mill Road to

20         intersect Galliver Cut off (County Road 189),

21         thence North along Galliver Cut off to

22         Lighthouse Church Road, continue West along

23         Lighthouse Church Road to Penny Creek, thence

24         Westerly along Penny Creek to Blackwater River,

25         thence Northwesterly along Blackwater River to

26         Okaloosa/Santa Rosa County Line, thence North

27         along Okaloosa/Santa Rosa County line for 10

28         miles to point of beginning. Okaloosa County,

29         Florida.

30

31


                                  3

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                                       HB 1593



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

  2  boundaries of the district as described herein shall be

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

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

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

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

  7  effective the next January 1 following such annexation by a

  8  municipality. Nothing contained in this act shall preclude any

  9  municipality from annexing lands to the territorial limits of

10  the municipality even if such land is included within the

11  district.

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

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

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

15         Section 3.  Intent.--The purposes of this act are to:

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

17  calls for the codification of charters of all independent

18  special fire control districts as defined in section 191.003,

19  Florida Statutes, which were created by special law or general

20  law of local application.

21         (2)  Provide standards, direction, and procedures

22  concerning the operation and governance of the special fire

23  control district known as the Baker Fire District.

24         (3)  Provide greater uniformity between the Baker Fire

25  District and other independent special fire control districts.

26         (4)  Provide greater uniformity in the financing

27  authority of the Baker Fire District without hampering the

28  efficiency and effectiveness of current authorized and

29  implemented methods and procedures of raising revenues.

30         (5)  Improve communication and coordination between the

31  Baker Fire District and other local governments with respect


                                  4

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                                       HB 1593



  1  to short-range and long-range planning to meet the demands for

  2  service delivery while maintaining fiscal responsibility.

  3         (6)  Provide uniform procedures for electing members of

  4  the governing board of the Baker Fire District to ensure

  5  greater accountability to the public.

  6         Section 4.  Definitions.--As used in this act:

  7         (1)  "Board" means the governing board of the Baker

  8  Fire District.

  9         (2)  "District" means the Baker Fire District, an

10  independent special fire control district as defined in

11  section 191.003, Florida Statutes.

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

13  Baker Fire District and is qualified to vote in a general

14  election within Okaloosa County.

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

16  advanced life support service as defined in section 401.23,

17  Florida Statutes.

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

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

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

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

22         Section 5.  District board of commissioners;

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

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

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

26  shall be elected in nonpartisan elections by the electors of

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

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

29  holding general elections in accordance with section 189.405,

30  Florida Statutes, and each member shall be elected for a term

31  of 4 years and serve until the member's successor assumes


                                  5

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                                       HB 1593



  1  office. Candidates for the board of the district shall qualify

  2  with the Okaloosa County Supervisor of Elections. All

  3  candidates may qualify by paying a filing fee of at least $25

  4  or by obtaining the signatures of at least 25 registered

  5  electors of the district on petition forms provided by the

  6  Supervisor of Elections, which petitions shall be submitted

  7  and checked in the same manner as petitions filed by

  8  nonpartisan judicial candidates pursuant to section 105.035,

  9  Florida Statutes.

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

11  electors of the district in the manner provided in this

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

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

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

15  designation does not designate a geographical subdistrict.

16  Each candidate for a seat on the board shall designate, at the

17  time the candidate qualifies, the seat on the board for which

18  the candidate is qualifying. The name of each candidate who

19  qualifies for election to a seat on the board shall be

20  included on the ballot in a way that clearly indicates the

21  seat for which the candidate is a candidate. The candidate for

22  each seat who receives the most votes cast for a candidate for

23  the seat shall be elected to the board.

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

25  elector at the time he or she qualifies and continually

26  throughout his or her term.

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

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

29  within 60 days after the newly elected members have taken

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

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


                                  6

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                                       HB 1593



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

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

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

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

  5  the treasurer additional powers and duties that it deems

  6  appropriate.

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

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

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

10  $500 per month for each member. Special notice of any meeting

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

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

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

14  Okaloosa County. Separate compensation for the board member

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

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

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

18  expenses as provided in section 112.061, Florida Statutes.

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

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

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

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

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

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

25  board shall remove any member who has three consecutive

26  unexcused absences from regularly scheduled meetings. The

27  board shall adopt a resolution defining excused and unexcused

28  absences.

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

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

31  of the State Constitution and section 876.05, Florida


                                  7

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                                       HB 1593



  1  Statutes. Each member, within 30 days of assuming office, must

  2  give the Governor a good and sufficient surety bond in the sum

  3  of $5,000, the cost thereof being borne by the district,

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

  5  duties of office.

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

  7  entitled "Record of Proceedings of the Baker Fire District,"

  8  in which the minutes of all meetings, resolutions,

  9  proceedings, certificates, bonds given by commissioners, and

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

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

12  municipal records are open under chapter 119, Florida

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

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

15  of business maintained by the board for the Baker Fire

16  District.

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

18  public, consistent with chapter 286, Florida Statutes, section

19  189.417, Florida Statutes, and other applicable general laws.

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

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

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

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

24  concurrence of a majority of the commissioners shall be

25  necessary to any affirmative action by the board.

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

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

28  outlined in section 11.45, Florida Statutes.

29         Section 6.  General powers.--The district shall have

30  and the board may exercise by majority vote the following

31  powers:


                                  8

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                                       HB 1593



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

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

  3  thereof, and to make and execute contracts and other

  4  instruments necessary or convenient to the exercise of its

  5  powers.

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

  7  its employees. In accordance with section 215.425, Florida

  8  Statutes, the board may provide for an extra compensation

  9  program, including a lump-sum bonus payment program, to reward

10  outstanding employees whose performance exceeds standards, if

11  the program provides that a bonus payment may not be included

12  in an employee's regular base rate of pay and may not be

13  carried forward in subsequent years.

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

15  perform planning, engineering, legal, or other professional

16  services.

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

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

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

20  for any district purposes and enter into agreements required

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

22  of such moneys or property for any district purpose in

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

24  agreement relating thereto.

25         (5)  To adopt resolutions and procedures prescribing

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

27  district, the conduct of the business of the district, the

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

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

30  and resolutions that are necessary to conduct district

31  business, if such ordinances do not conflict with any


                                  9

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                                       HB 1593



  1  ordinances of a local general purpose government within whose

  2  jurisdiction the district is located. Any resolution or

  3  ordinance adopted by the board and approved by referendum vote

  4  of district electors may only be repealed by referendum vote

  5  of district electors.

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

  7  within a county or municipality in which the district is

  8  located and appoint an agent of record.

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

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

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

12  sell, or otherwise dispose of surplus real or personal

13  property. The board may purchase equipment by an installment

14  sales contract if funds are available to pay the current

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

16  due that year on all other installments and indebtedness.

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

18  purchase any public easement, dedication to public use,

19  platted reservation for public purposes, or reservation for

20  those purposes authorized by this act and to use such

21  easement, dedication, or reservation for any purpose

22  authorized by this act consistent with applicable adopted

23  local government comprehensive plans and land development

24  regulations.

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

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

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

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

29  and authority under this act.

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

31  anticipation notes, or certificates payable from and secured


                                  10

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                                       HB 1593



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

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

  3  mortgage real and personal property when necessary to carry

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

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

  6  resolution of the board, in amounts necessary to conduct

  7  district activities and services, and to enforce their receipt

  8  and collection in the manner prescribed by resolution and

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

10  only be authorized as provided by section 9(4).

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

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

13  Statutes, over any property within the district, except

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

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

16  of the district relating solely to the establishment and

17  maintenance of fire stations and fire substations,

18  specifically including the power to take easements that serve

19  such facilities consistent with applicable adopted local

20  government comprehensive plans and land development

21  regulations.

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

23  entities, including other governmental agencies, as necessary,

24  convenient, incidental, or proper in connection with providing

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

26  purpose authorized by this act.

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

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

29  authorized by this act.

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

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


                                  11

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                                       HB 1593



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

  2  Florida Statutes.

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

  4  qualified public depository as defined in section 280.02,

  5  Florida Statutes, which meets all the requirements of chapter

  6  280, Florida Statutes, and has been designated by the State

  7  Treasurer as a qualified public depository, upon such terms

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

  9  deposited as the board deems just and reasonable.

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

11  personal property, equipment, employees, volunteer

12  firefighters, and other personnel.

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

14  monetarily to organizations or associations relating to the

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

16  and emergency rescue services, or district administration.

17         (19)  To promulgate and enforce reasonable fire

18  regulations by resolution.

19         Section 7.  Exemption from taxation.--Since the

20  exercise of the powers conferred by this act constitutes

21  action by a political subdivision performing essential public

22  functions and since the property of the district constitutes

23  public property used for public purposes, all assets and

24  properties of the district, including property acquired

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

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

27  subdivision, agency, or instrumentality of the state.

28         Section 8.  Special powers.--The Baker Fire District

29  shall provide for fire suppression and prevention by

30  establishing and maintaining fire stations and fire

31  substations and acquiring and maintaining such firefighting


                                  12

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                                       HB 1593



  1  and fire protection equipment deemed necessary to prevent or

  2  fight fires. All construction shall be in compliance with

  3  applicable state, regional, and local regulations, including

  4  adopted comprehensive plans and land development regulations.

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

  6  following special powers relating to facilities and duties

  7  authorized by this act:

  8         (1)  To establish and maintain emergency medical and

  9  rescue response services and acquire and maintain rescue,

10  medical, and other emergency equipment, pursuant to the

11  provisions of chapter 401, Florida Statutes, and any

12  certificate of public convenience and necessity or its

13  equivalent issued thereunder.

14         (2)  To employ, train, and equip such personnel, and

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

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

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

18  chief administrator. The board shall prescribe the duties of

19  such person, which shall include supervision and management of

20  the operations of the district and its employees and

21  maintenance and operation of its facilities and equipment. The

22  fire chief or chief administrator may employ or terminate the

23  employment of such other persons, including, without

24  limitation, professional, supervisory, administrative,

25  maintenance, and clerical employees, as are necessary and

26  authorized by the board. The compensation and other conditions

27  of employment of the officers and employees of the district

28  shall be provided by the board.

29         (3)  To conduct public education to promote awareness

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

31  property from fires or other public safety concerns.


                                  13

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                                       HB 1593



  1         (4)  To adopt and enforce fire safety standards and

  2  codes and enforce the rules of the State Fire Marshal

  3  consistent with the exercise of the duties authorized by

  4  chapter 553, Florida Statutes, or chapter 633, Florida

  5  Statutes, with respect to fire suppression and prevention and

  6  fire safety code enforcement.

  7         (5)  To conduct arson investigations and

  8  cause-and-origin investigations.

  9         (6)  To adopt hazardous material safety plans and

10  emergency response plans in coordination with the county

11  emergency management agency as provided in chapter 252,

12  Florida Statutes.

13         (7)  To contract with general purpose local government

14  for emergency management planning and services.

15         Section 9.  Taxes, non-ad valorem assessments; impact

16  fees and user charges.--

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

18  commissioners may levy and assess ad valorem taxes on all

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

20  maintain district facilities and services, to pay the

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

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

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

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

25  service on bonds, may not exceed 3.75 mills. The levy of ad

26  valorem taxes pursuant to this section must be approved by

27  referendum called by the board. Nothing in this act shall

28  require a referendum on the levy of ad valorem taxes in the

29  amount as previously authorized by special act, general law of

30  local application, or county ordinance approved by referendum.

31  Such tax shall be assessed, levied, and collected in the same


                                  14

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                                       HB 1593



  1  manner as county taxes. The levy of ad valorem taxes approved

  2  by referendum shall be reported within 60 days after the vote

  3  to the Department of Community Affairs.

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

  5  commissioners may levy non-ad valorem assessments to provide

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

  7  assessments must be fixed by resolution of the board pursuant

  8  to the procedures contained in section 10. Non-ad valorem

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

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

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

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

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

14  valorem assessment rate increases within the personal income

15  threshold are deemed to be within the maximum rate authorized

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

17  valorem assessment increases which exceed the rate set the

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

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

20  the average annual growth rate in Florida personal income over

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

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

23  imposed, collected, and enforced pursuant to section 10.

24         (3)  USER CHARGES.--

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

26  charges for special emergency services, including fighting

27  fires occurring in or to structures outside the district,

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

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

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

31


                                  15

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                                       HB 1593



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

  2  rendered in accordance with the schedule.

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

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

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

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

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

  8  fight or extinguish.

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

10  charges for responding to, assisting with, or mitigating

11  emergencies that either threaten or could threaten the health

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

13  the district has been called, including a charge for

14  responding to false alarms.

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

16  charges for inspecting structures, plans, and equipment to

17  determine compliance with firesafety codes and standards.

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

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

20  for any charge assessed under this subsection.

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

22  government has not adopted an impact fee for fire services

23  which is distributed to the district for construction within

24  its jurisdictional boundaries, the board may establish a

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

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

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

28  fees collected by the district under this subsection shall be

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

30  used exclusively to acquire, purchase, or construct new

31  facilities or portions thereof needed to provide fire


                                  16

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                                       HB 1593



  1  protection and emergency services to new construction. As used

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

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

  4  emergency vehicles, radiotelemetry equipment, and other

  5  firefighting or rescue equipment. The board shall maintain

  6  adequate records to ensure that impact fees are expended only

  7  for permissible new facilities or equipment. The board may

  8  enter into agreements with general purpose local governments

  9  to share in the revenues from fire protection impact fees

10  imposed by such governments.

11         Section 10.  Procedures for the levy and collection of

12  non-ad valorem assessments.--

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

14  valorem assessments under this act on the lands and real

15  estate benefited by the exercise of the powers authorized by

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

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

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

19  rights and powers regarding the levy and collection of

20  additional non-ad valorem assessments as provided for under

21  chapter 191, Florida Statutes.

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

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

24  of each year as follows:

25         (a)  Seventy-seven dollars annually shall be assessed

26  against commercial buildings and commercial businesses. For

27  the purpose of determining a commercial business, it is the

28  specific intent of this act to tax individual businesses which

29  are within a common building which are separated by walls,

30  partitions, or custom. The purchase of a county occupational

31  license shall be evidence of the existence of a business.


                                  17

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                                       HB 1593



  1  Apartment buildings, motels, condominiums, mobile home parks,

  2  and other multiple family residences shall not be considered

  3  commercial buildings.

  4         (b)  Each residential dwelling unit, including mobile

  5  homes situated on any parcel of land within the district,

  6  shall pay $47 annually.

  7         (c)  The non-ad valorem assessment amounts established

  8  under paragraphs (a) and (b) shall be subject to annual

  9  increases, as may be approved by the board of commissioners as

10  provided for under section 9(2).

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

12  the current tax assessment and collection roll compiled and

13  prepared by the tax assessor of Okaloosa County, and may adopt

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

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

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

17  collection roll setting forth a description of each lot or

18  parcel of land subject to taxation in the district together

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

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

21  assessor for collection. All assessments shall be made against

22  the land subject to such assessments and the roll shall set

23  forth the names of the respective owners of such 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


                                  18

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                                       HB 1593



  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  Baker Fire District pursuant to the provisions of this act.

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

26  October 1 to September 30 of each year.

27         Section 11.  District issuance of bonds, notes, bond

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

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

30  assessment bonds, revenue bonds, notes, bond anticipation

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


                                  19

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                                       HB 1593



  1  part of any proposed improvements authorized to be undertaken

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

  3  total annual payments for the principal and interest on such

  4  indebtedness shall not exceed 50 percent of the total annual

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

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

  7  amounts, and may be subject to optional and mandatory

  8  redemption as determined by resolutions adopted by the board.

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

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

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

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

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

14  Principal and interest shall be payable in the manner

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

16  or facsimile signature of the chair or vice chair of the

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

18  manual or facsimile signature of the secretary or assistant

19  secretary of the board.

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

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

22  without limitation, user fees or charges or rental income

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

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

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

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

27  Constitution. Subject to referendum approval, a district may

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

29  and interest on such general obligation bonds and for any

30  reserve funds provided therefor and may unconditionally and

31  irrevocably pledge itself to levy ad valorem taxes on all


                                  20

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                                       HB 1593



  1  property in the district to the extent necessary for the

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

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

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

  5  connection with any of the improvements authorized under this

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

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

  8  the district may enter into any contracts which the board

  9  determines to be necessary or appropriate to achieve a

10  desirable effective interest rate in connection with the bonds

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

12  investment contracts, funding agreements, interest rate swap

13  agreements, currency swap agreements, forward payment

14  conversion agreements, futures, or contracts providing for

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

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

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

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

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

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

21  any agreement which secures bonds or provides liquidity

22  therefor. Such contracts and arrangements shall be made upon

23  the terms and conditions established by the board, after

24  giving due consideration to the credit worthiness of the

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

26  nationally recognized rating service or any other criteria as

27  may be appropriate.

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

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

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

31  enter into such credit enhancement or liquidity agreements,


                                  21

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                                       HB 1593



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

  2  and any other terms and conditions as the board shall

  3  determine.

  4         (5)  Notwithstanding any provision of law relating to

  5  the investment or reinvestment of surplus funds of any

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

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

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

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

10  invested in securities or obligations described in the

11  resolution providing for the issuance of bonds.

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

13  inconsistent with general law, shall show the purpose for

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

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

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

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

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

19  by law.

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

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

22  act with respect to improvements financed therewith shall not

23  exceed the benefits assessed regarding such works or

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

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

26  principal. Premiums payable upon the redemption of bonds shall

27  also be treated as interest. Interest to accrue on account of

28  issuing bonds shall not be construed as a part of the costs of

29  the works or improvements in determining whether or not the

30  costs of making such improvements are equal to or in excess of

31  the benefits assessed. If the property appraiser and tax


                                  22

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                                       HB 1593



  1  collector deduct their fees and charges from the amount of

  2  non-ad valorem assessments levied and collected, and if the

  3  landowners receive the statutorily permitted discount for

  4  early payment of such non-ad valorem assessments, the amount

  5  of such fees, charges, and discount shall not be included in

  6  the amount of non-ad valorem assessments levied by the

  7  district in determining whether such assessments are equal to

  8  or in excess of the benefits assessed.

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

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

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

12  of the then outstanding bonded indebtedness of the district.

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

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

15  lands with respect to which the refunded bonds were issued

16  less the principal amount of the refunded bonds previously

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

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

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

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

21  to provide a debt service reserve fund for the refunding

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

23  pay costs associated with the issuance or administration of

24  the refunding bonds.

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

26  the refunding bonds in the same manner as the assessments

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

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

29  additional interest which accrues on account of the refunding

30  bonds shall be included and added to the original assessment

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


                                  23

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                                       HB 1593



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

  2  construction in determining whether the assessment exceeds the

  3  benefits assessed.

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

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

  6  section and by general law.

  7         Section 12.  District expansion and merger.--

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

  9  extended, or enlarged upon approval or ratification by the

10  Legislature.

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

12  other independent or dependent fire control districts is

13  effective only upon ratification by the Legislature. The

14  district may not, solely by reason of a merger with another

15  governmental entity, increase ad valorem taxes on property

16  within the original limits of the district beyond the maximum

17  established by this act, unless approved by the electors of

18  the district by referendum.

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

20  this act shall be declared unconstitutional or invalid for any

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

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

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

24  been incorporated therein.

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

26  provisions of this act with the provisions of any other act

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

28  conflict.

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

30  law.

31


                                  24