House Bill 1603er

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





    ENROLLED

    2000 Legislature                                       HB 1603



  1

  2         An act relating to the Indian Rocks Fire

  3         District, Pinellas County; providing for

  4         codification of special laws regarding

  5         independent special fire control districts

  6         pursuant to s. 191.015, Florida Statutes,

  7         relating to the Indian Rocks Fire District, an

  8         independent special taxing fire control

  9         district in Pinellas County; providing

10         legislative intent; codifying, reenacting, and

11         amending chapter 29438, Laws of Florida, 1953,

12         and chapters 59-1744, 67-1930, 71-872, 74-583,

13         78-593, 84-511, 88-446, and 89-405, Laws of

14         Florida; renaming the Indian Rocks Fire

15         District as the Pinellas Suncoast Fire & Rescue

16         District; fixing the boundaries of the

17         district; providing for a board of

18         commissioners; providing for the authority of

19         the district to levy non-ad valorem

20         assessments; authorizing the board of

21         commissioners to borrow money for specified

22         purposes; authorizing the district to levy ad

23         valorem taxes up to 3 mills per year against

24         the taxable property in the district;

25         specifying uses of district funds; providing

26         powers and duties of the district; requiring

27         the appointment of a Fire Marshal; providing a

28         procedure for district expansion; providing for

29         the imposition of impact fees on new

30         construction within the district; providing

31         construction; providing severability; repealing


                                  1

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




    ENROLLED

    2000 Legislature                                       HB 1603



  1         chapter 29438, Laws of Florida, 1953, and

  2         chapters 59-1744, 67-1930, 71-872, 74-583,

  3         78-593, 84-511, 88-446, and 89-405, Laws of

  4         Florida; providing an effective date.

  5

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

  7

  8         Section 1.  Pursuant to section 191.015, Florida

  9  Statutes, this act constitutes the codification of all special

10  acts relating to Indian Rocks Fire District.  It is the intent

11  of the Legislature in enacting this law to provide a single,

12  comprehensive special act charter for the district, including

13  all current legislative authority granted to the district by

14  its several legislative enactments and any additional

15  authority granted by this act and chapters 189 and 191,

16  Florida Statutes, as amended from time to time.  It is further

17  the intent of this act to preserve all district authority,

18  including the authority to annually assess and levy against

19  the taxable property in the district a tax not to exceed 3

20  mills on the dollar of assessed valuation, except as provided

21  in chapter 191, Florida Statutes, as it may be amended from

22  time to time.

23         Section 2.  Chapter 29438, Laws of Florida, 1953, and

24  chapters 59-1744, 67-1930, 71-872, 74-583, 78-593, 84-511,

25  88-446, and 89-405, Laws of Florida, relating to the Indian

26  Rocks Fire District are codified, reenacted, amended, and

27  repealed as provided herein.

28         Section 3.  The Indian Rocks Fire District is

29  re-created and renamed Pinellas Suncoast Fire & Rescue

30  District, and the charter for said district is re-created and

31  reenacted to read:


                                  2

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




    ENROLLED

    2000 Legislature                                       HB 1603



  1         Section 1.  Boundaries; annexation.--

  2         (1)  All of the lands hereinafter described shall be an

  3  independent special fire control district, a body corporate,

  4  having the powers and duties herein set forth under the name

  5  of Pinellas Suncoast Fire & Rescue District. The district is

  6  organized and exists for all purposes set forth in this act

  7  and chapters 189 and 191, Florida Statutes. This district was

  8  created by special act of the Legislature in 1953 and its

  9  charter may be amended only by special act of the Legislature.

10  The district is composed of all lands and territory lying

11  within the following boundaries:

12

13         Commencing at the intersection of the north

14         line of the boundary between the City of

15         Belleair Beach and the City of Clearwater with

16         the east line of Section 25, Township 29 South,

17         Range 14 East and the west line of Section 30,

18         Township 29 South, Range 15 East and run thence

19         east following said boundary between the Cities

20         of Clearwater and Belleair Beach to the

21         intersection with the centerline of the

22         Government INTRACOASTAL WATERWAY Channel in

23         Clearwater Harbor, thence south along said

24         centerline to the intersection of the south

25         line of State Road 688, thence eastwardly along

26         the southern boundary of said State Road 688 to

27         the intersection with the centerline of VONN

28         Road which is also known as 131st St. N. and

29         County Road Number 187 in Pinellas County,

30         thence south along the centerline of said road

31         to the intersection of the centerline of 94th


                                  3

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




    ENROLLED

    2000 Legislature                                       HB 1603



  1         Avenue N., thence west along the centerline of

  2         said road to the intersection with the eastern

  3         boundary of the subdivision known as TAMARAC BY

  4         THE GULF as recorded in Plat Book 63, Page 12

  5         of the Official Records of Pinellas County,

  6         thence north along Lot 8 to the southeast

  7         corner of Lot 1, thence west following the

  8         south lot lines of Lot 1, Lot 2, Lot 3, and Lot

  9         4, all in Block 1, extending west to the

10         centerline of 141st St. N., thence northerly

11         along said centerline to the intersection of

12         the lot line of Lots 29 and 30 extended, thence

13         westerly on the line between Lot 30 and Lot 29

14         to the southwest corner of Lot 29, Block 2,

15         thence northerly to the intersection with the

16         Half Section Line of Section 19, Township 30

17         South, Range 15 East, thence west along said

18         Half Section Line being the same as the

19         centerline of 94th Avenue N. to the

20         intersection with the southerly boundary of

21         HARBOR GREEN YACHT CLUB ESTATES CONDO as

22         recorded in Plat Book 52, Page 82 of the

23         Official Records of Pinellas County, thence

24         follow said Condo boundary westerly to the

25         southwesterly corner, thence northerly to the

26         intersection of the Half Section Line, thence

27         west along said line to the intersection of

28         condominium CLEARWATER COVE PHASE IV as

29         recorded in Plat Book 84, Page 54 of the

30         Official Records of Pinellas County, thence

31         southerly to the southern tip of said


                                  4

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




    ENROLLED

    2000 Legislature                                       HB 1603



  1         condominium lands, thence northwesterly to

  2         return to the Half Section Line previously

  3         described, thence west to the intersection of

  4         condominium CLEARWATER COVE PHASE I, thence

  5         northerly on the condominium boundary to the

  6         southeast corner of Unit 2, Lot 1, thence

  7         southwesterly along the southern lot line of

  8         Unit 2, Lots 1 and 2 to the southwest corner of

  9         Unit 2, Lot 2, thence northwesterly along the

10         westerly lot line of Unit 2, Lot 2 past the

11         southwest corner of Unit 1 onto the

12         intersection of the previously described Half

13         Section Line, thence west to the intersection

14         with the east lot line of Lot 9 of said

15         condominium, thence south along the lot line to

16         the southeast corner of Lot 9, thence west

17         along the south lot line of Lot 9 to the

18         southwest corner, thence south to return to the

19         previously described Half Section Line, thence

20         west to the intersection with the centerline of

21         the Government INTRACOASTAL WATERWAY Channel,

22         thence south to the intersection of the

23         extension of the south line of the southeast

24         corner of PARK BANK PROFESSIONAL OFFICE

25         BUILDING CONDO as recorded in Plat Book 59,

26         Page 105 of the Official Records of Pinellas

27         County, thence westward along the southern

28         boundaries of the condominium to the

29         intersection with the eastern edge of GULF

30         BLVD., officially State Road 699, thence

31         southerly along the eastern edge of S.R. 699 to


                                  5

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




    ENROLLED

    2000 Legislature                                       HB 1603



  1         the intersection with the centerline of 183rd

  2         Terr. W., thence westerly along said centerline

  3         to the southeast corner of CLAMON'S POINT CONDO

  4         as recorded in Plat Book 67, Page 22 of the

  5         Official Records of Pinellas County, thence

  6         continue westerly to a point fifty (50) feet

  7         west of the SURF LINE into the GULF OF MEXICO,

  8         thence northerly paralleling the SURF LINE

  9         staying west of any platted condominium or

10         subdivision until reaching the east boundary

11         line of Section 36, Township 29 South, Range 14

12         East, the same being the west boundary line of

13         Section 31, Township 29 South, Range 15 East,

14         thence north along said Range line to the

15         intersection of the north boundary of the City

16         of Belleair Beach and the south boundary of the

17         City of Clearwater at the point of beginning.

18

19         (2)  The Pinellas Suncoast Fire & Rescue District shall

20  exist until dissolved by law.  Any territory outside the

21  District's boundaries annexed into the corporate limits of any

22  municipality served by the district shall be included within

23  the district boundaries upon approval or ratification by the

24  Legislature pursuant to section 191.014, Florida Statutes. Any

25  territory within the District's boundaries annexed into the

26  corporate limits of any municipality outside the boundaries of

27  this district as of December 13, 1999, is excluded from the

28  boundaries of the district.

29         Section 2.  District board of commissioners; officers;

30  subdistricts.--

31


                                  6

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




    ENROLLED

    2000 Legislature                                       HB 1603



  1         (1)  In accordance with the provisions of chapter 191,

  2  Florida Statutes, the business and affairs of the district

  3  shall be conducted and administered by a board of five

  4  commissioners, who, upon their election and qualification, and

  5  annually, shall organize by electing from their number a

  6  chair, a vice chair, and a secretary-treasurer.  The

  7  commissioners may receive monthly compensation pursuant to

  8  chapter 191, Florida Statutes. Each commissioner shall execute

  9  to the Governor of the State of Florida, for the benefit of

10  the district, a good and sufficient bond, in accordance with

11  the terms of chapter 191, Florida Statutes. All premiums for

12  such surety on all such bonds shall be paid from the funds of

13  the district.

14         (2)  Pursuant to section 191.005(1)(b)1., Florida

15  Statutes, and no later than the next general election

16  qualification date following each decennial census, the board

17  of commissioners shall divide the district into five

18  subdistricts of contiguous territory as nearly equal in

19  population as practicable.  To the extent possible, one

20  subdistrict shall include Belleair Beach and Belleair Shore,

21  one subdistrict shall include Indian Rocks Beach, one

22  subdistrict shall include Indian Shores, and two subdistricts

23  shall be created from the portion of the district located on

24  the mainland. The two mainland subdistricts shall be as nearly

25  equal in population as practicable.

26         Section 3.  Elections; commission qualifications.--

27         (1)  Each commissioner shall be elected to serve for a

28  term of 4 years by majority vote of the electors voting to

29  fill such office.  Elections for commissioner shall be held at

30  the same time as regular county elections and the procedures

31  for conducting district elections and for qualification of


                                  7

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




    ENROLLED

    2000 Legislature                                       HB 1603



  1  electors shall be pursuant to chapters 189 and 191, Florida

  2  Statutes. The candidates for each seat that receives the most

  3  votes cast for a candidate for that seat shall be elected to

  4  the board.  Any commissioner may succeed himself or herself.

  5         (2)  One commissioner, who must be a resident of the

  6  subdistrict, shall be elected from each subdistrict by the

  7  electors who reside in that subdistrict. If a commissioner

  8  ceases to reside in the subdistrict from which elected the

  9  office shall be declared vacant, the commissioner shall be

10  disqualified from further service, and the remaining

11  commissioners shall elect, to fill the unexpired term, a

12  successor who resides in that subdistrict until the next

13  general election, at which time an election shall be held to

14  fill the vacancy for the remaining term, if any.  Provided,

15  however, no current commissioner's seat shall be declared

16  vacant because of residency until the current term of office

17  has expired, except that the current term of the at-large

18  commission seat shall expire 10 days following the 2000

19  general election.

20         (3)  Each commissioner shall hold office until his or

21  her successor is elected and qualified, unless he or she

22  ceases to be qualified, resigns, or is removed from office.

23         (4)  All candidates must qualify for election in

24  accordance with chapters 189 and 191, Florida Statutes. In the

25  event a candidate seeks to qualify for election by obtaining

26  the signatures of at least 25 electors from the district in

27  accordance with section 191.005(1)(a), Florida Statutes, the

28  qualified electors shall be residents within the subdistrict

29  for which the candidate seeks election. The names of all

30  candidates qualifying for election as commissioners shall be

31  included on the ballot.  Any additional expenses of holding


                                  8

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




    ENROLLED

    2000 Legislature                                       HB 1603



  1  elections for commissioners at the regular county elections

  2  shall be paid out of the funds of the district if required by

  3  proper authority.

  4         Section 4.  Non-ad valorem assessments.--

  5         (1)  The district may levy non-ad valorem assessments

  6  against the assessable real estate situated in the district to

  7  provide funds for the purposes of the district.  The rate of

  8  such assessments shall be fixed by a resolution of the board

  9  of commissioners on or subsequent to February 1 each year.  At

10  any time the board of commissioners changes the rate of

11  assessments in any way from the rate of assessments which had

12  been collected prior to the date of such resolution, such

13  resolution together with a list of the assessments shall be

14  submitted to the electors in the district for approval by

15  referendum at an election of the electors of the district

16  which shall first be called by and held under the supervision

17  of the Board of County Commissioners and the Supervisor of

18  Elections of Pinellas County in the manner provided by law for

19  regular county elections; and if a majority of the electors

20  voting at such election approve, the assessment rates shall be

21  put into effect for the next non-ad valorem assessment roll

22  completed by the board of commissioners after the results of

23  the special election have been certified by the county

24  canvassing board.

25         (2)  A non-ad valorem assessment roll showing the

26  assessment rate shall be prepared and completed by the board

27  of commissioners of the district on or before September 10 of

28  each year.

29         (3)  The board may in any year change the date on which

30  the assessment rate is fixed and change the date on which the

31  final assessment roll will be adopted, by resolution, provided


                                  9

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




    ENROLLED

    2000 Legislature                                       HB 1603



  1  that, in the event of such change of dates, the board shall

  2  cause a notice thereof to be published in a newspaper in

  3  Pinellas County, one time, at least 10 days prior to the date

  4  on which it is proposed to fix the rate of assessment.

  5         (4)  Any property owner in the district may, during the

  6  period within 20 days subsequent to the date of the mailing of

  7  the assessment notices in any year, file a protest in writing

  8  with the board of commissioners against the assessment paid by

  9  him or her and appear before the board in support of such

10  protest; and the board shall hold a meeting or meetings

11  following such period to consider such protest and to make

12  such adjustment, refund, or denial as it determines to be

13  fair, equitable, and proper.

14         Section 5.  Non-ad valorem assessment rolls; liens,

15  collection.--

16         (1)  The board of commissioners, upon the adoption of

17  the resolution fixing the rate of assessment, shall prepare an

18  assessment and collection roll setting forth a description of

19  each lot or parcel of land subject to taxation in the district

20  together with the amount of assessment against the lot or

21  parcel of land and attach thereto a certified copy of the

22  resolution fixing the rate of assessment, and it shall, before

23  September 15 each year, deliver the roll to the County Tax

24  Collector of Pinellas County, for collection of the

25  assessments.  All assessments shall be made against the land

26  subject to assessment, and the roll shall set forth the names

27  of the respective owners of such lands.

28         (2)  It is the duty of the county tax collector to

29  collect the assessments according to the assessment roll and

30  deliver the whole of such proceeds of such collection, less

31  the costs of collection, monthly to the board of


                                  10

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




    ENROLLED

    2000 Legislature                                       HB 1603



  1  commissioners, taking its receipt for such funds.  The tax

  2  collector shall, upon delivery of such funds to the board of

  3  commissioners, furnish it with a description of the lands for

  4  which payments are made.

  5         (3)  Such non-ad valorem assessments shall be a lien

  6  upon the lands so assessed prior in dignity to all other liens

  7  and assessments against the lands, except for liens for county

  8  taxes, until paid.  The assessment shall become a lien from

  9  January 1 of the year for which the assessment is made, and

10  shall be payable on and after November 1 of the same year

11  without discounts to the tax collector, unless authorized by

12  the board of commissioners, but shall not become delinquent

13  unless unpaid on April 1 of the following year. Non-ad valorem

14  assessments levied by the district may be collected in the

15  manner provided by general law with penalties and interest as

16  provided therein.

17         (4)  The proceeds of the assessment and the funds of

18  the district shall be deposited in the name of the district in

19  an authorized depository of the state designated by resolution

20  of the board of commissioners.

21         Section 6.  Bonds; notes.--The board of commissioners

22  may borrow money for the purposes of acquisition of land,

23  buildings, vehicles, and equipment or for other capital

24  purposes pursuant to chapter 191, Florida Statutes. Neither

25  the district nor the commissioners nor any of them shall be

26  personally or individually liable as such for the loan or any

27  part thereof, and in event of such pledge it shall be the duty

28  of the board of commissioners upon collection of the

29  assessment roll so pledged to apply the first proceeds thereof

30  to the payment of the loan for which such assessment or lien

31  was pledged until full payment of the loan.


                                  11

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




    ENROLLED

    2000 Legislature                                       HB 1603



  1         Section 7.  Ad valorem taxes.--In addition to or in

  2  lieu of levying non-ad valorem assessments pursuant to section

  3  4, the board of commissioners may, pursuant to Article VII,

  4  section 9 of the Florida Constitution, levy an ad valorem tax

  5  of not more than 3 mills against the taxable property within

  6  the district, except as provided by chapter 191, Florida

  7  Statutes, as amended from time to time.

  8         Section 8.  District funds.--

  9         (1)  No funds of the district shall be used for any

10  purposes other than:

11         (a)  The administration of the affairs and business of

12  the district relating to fire prevention and control, fire

13  code adoption and enforcement, emergency medical services, and

14  services associated with fire prevention and control, pursuant

15  to this act or chapter 191, Florida Statutes, as amended from

16  time to time;

17         (b)  The construction, care, maintenance, upkeep,

18  operation, lease, and purchase of fire stations, equipment,

19  and real property;

20         (c)  The payment of public utilities such as electric

21  service and water; or

22         (d)  The payment of salaries and benefits to a fire

23  chief and other personnel.

24         Section 9.  District powers and duties.--

25         (1)  The powers of the district may be exercised only

26  for the purpose of providing services, equipment, and

27  facilities within the district, and no expenditure may be made

28  by the district that does not relate to that purpose.

29  However, the district may enter into contracts to furnish

30  district personnel and facilities for the purpose of providing

31  additional services when such contracts provide that the


                                  12

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




    ENROLLED

    2000 Legislature                                       HB 1603



  1  reasonable cost of furnishing such personnel and facilities

  2  will be paid by the other contracting party.

  3         (2)  In addition to any powers set forth in this act,

  4  the district, as the sole provider of fire, rescue, and

  5  emergency medical services within the district, shall hold all

  6  powers, functions, and duties set forth in chapters 189, 191,

  7  and 197, Florida Statutes, as they may be amended from time to

  8  time, including, but not limited to, ad valorem taxation, bond

  9  issuance, other revenue-raising capabilities, budget

10  preparation and approval, liens and foreclosure of liens, use

11  of tax deeds and tax certificates as appropriate for non-ad

12  valorem assessments, and contractual agreements.  The district

13  may be financed by any method established in this act, chapter

14  189 or chapter 191, Florida Statutes, or any other applicable

15  general or special law, as they may be amended from time to

16  time.

17         (3)  The board of commissioners may acquire by gift,

18  lease, or purchase such firefighting equipment as is deemed

19  necessary for the protection of the district, and it may make

20  and enter into contracts relating to any and all purposes of

21  the district.

22         (4)  The board of commissioners may hire a fire chief

23  and such other personnel as are required to operate

24  firefighting equipment, inspect property, or provide

25  administrative support.

26         (5)  The officers of the board of commissioners shall

27  have the administrative duties set forth in this act and

28  chapters 189 and 191, Florida Statutes, as they may be amended

29  from time to time.

30

31


                                  13

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




    ENROLLED

    2000 Legislature                                       HB 1603



  1         (6)  The board of commissioners may adopt such policies

  2  and regulations as it deems necessary to transact its business

  3  and carry out the provisions of this act.

  4         (7)  The board of commissioners shall appoint a Fire

  5  Marshal, who shall work with and cooperate with all local and

  6  state governmental bodies within the district to prevent fires

  7  of all types. The Fire Marshal shall have the power to issue

  8  orders and citations for code violations in the same manner as

  9  the State Fire Marshal pursuant to chapter 633, Florida

10  Statutes. The Fire Marshal must inspect, no less frequently

11  than annually:  places of assembly; educational facilities;

12  residential structures, other than detached one-family or

13  two-family residences; motels and hotels; dormitories and

14  lodging or rooming houses; commercial and business structures;

15  industrial facilities; and storage facilities.

16         (8)  The fire chief shall report the activities of the

17  Fire Marshal to the board of commissioners annually.

18         (9)  The board of commissioners shall adopt a fire code

19  for the district.

20         Section 10.  If any municipality or other fire control

21  district annexes any land included in the district, the

22  district shall continue as the sole taxing, enforcing, and

23  service-providing authority for district purposes in the

24  annexed land.

25         Section 11.  District expansion.--The district boundary

26  may be extended from time to time as follows:

27         (1)(a)  Land contiguous to the boundaries of the

28  district in unincorporated Pinellas County may be included in

29  the district when a written petition for inclusion signed and

30  sworn to by a majority of the owners of the real property

31  within the tract or tracts to be included in the district has


                                  14

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




    ENROLLED

    2000 Legislature                                       HB 1603



  1  been presented to the board of commissioners and the proposal

  2  has been approved by the affirmative vote of no fewer than

  3  three members of the board of commissioners at a regular

  4  meeting.

  5         (b)  The petition must contain the legal description of

  6  the property sought to be added to the district and the names

  7  and addresses of the owners of the property.

  8         (2)  If a proposal to add an area to the district as

  9  defined in subsection (1) is approved by the affirmative vote

10  of no fewer than three members of the board of commissioners

11  at a regular meeting, the board of commissioners shall

12  thereafter adopt a resolution describing the lands to be

13  included within the district and shall cause such resolution

14  to be duly enrolled in the record of the meeting and a

15  certified copy of the resolution to be recorded in the Office

16  of the Clerk of the Circuit Court in Pinellas County.

17         (3)  Upon adoption of the resolution by the board, the

18  district shall, pursuant to chapter 191, Florida Statutes,

19  request that its legislative delegation approve said addition

20  and sponsor legislation amending the district boundary.  Upon

21  approval by the Legislature the boundary shall be amended.

22         (4)  Lands within municipal boundaries of cities

23  contiguous to district boundaries may be included in the

24  district upon request by the governing board of the

25  municipality, approval of said request by affirmative vote of

26  no fewer than three members of the district board, and

27  referendum approval of inclusion by the electors of the

28  municipality.  The referendum shall be conducted by the

29  municipality at the next available special or general election

30  occurring at least 90 days following district approval of

31  inclusion.


                                  15

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




    ENROLLED

    2000 Legislature                                       HB 1603



  1         (5)  Upon approval by the board, the district shall,

  2  pursuant to chapter 191, Florida Statutes, request that its

  3  legislative delegation approve said addition and sponsor

  4  legislation amending the district boundary.  Upon approval by

  5  the Legislature the boundary shall be amended.

  6         (6)  It is the intent of this section that

  7  municipalities or the owners of land requesting inclusion in

  8  the district bear the substantial costs associated with the

  9  process, including, but not limited to, any referenda or

10  required legislation.

11         Section 12.  Impact fees.--

12         (1)  It is hereby declared that the cost of new

13  facilities for services within the district should be borne by

14  new users of district services, to the extent that new

15  construction requires new facilities.  It is the legislative

16  intent to transfer to the new users of the district's services

17  a fair share of the costs that they impose on the district for

18  new facilities.

19         (2)  The district may impose impact fees on new

20  construction within the district.  The board of commissioners

21  shall set the amount of such fees by resolution.

22         (3)  A person may not obtain a certificate of occupancy

23  for new residential dwelling units or new commercial or

24  industrial structures within the district, or obtain

25  construction plan approval for a new mobile home development

26  located within the district, until the developer thereof has

27  paid any applicable impact fee to the district.

28         (4)  The impact fees collected by the district pursuant

29  to this section shall be kept separate from other revenue of

30  the district and shall be used exclusively for the

31  acquisition, purchase, or construction of new facilities or


                                  16

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




    ENROLLED

    2000 Legislature                                       HB 1603



  1  portions thereof required to provide the services of the

  2  district to new construction.  "New facilities" means

  3  buildings and capital equipment, including, but not limited

  4  to, fire vehicles and radio-telemetry equipment.  Such fees

  5  may not be used for the acquisition, purchase, or construction

  6  of facilities which must be obtained in any event, regardless

  7  of growth within the district.  The board of commissioners

  8  shall maintain adequate records to ensure that impact fees are

  9  expended only for permissible new facilities.

10         Section 13.  The district's planning requirements shall

11  be as set forth in this act, chapters 189 and 191, Florida

12  Statutes, and other applicable general or special laws, as

13  they may be amended from time to time.

14         Section 14.  The district's geographic boundary

15  limitations shall be as set forth in this act.

16         Section 15.  Requirements for financial disclosure,

17  meeting notices, public records maintenance, and per diem

18  expenses for officers and employees shall be as set forth in

19  chapters 112, 119, 189, 191, and 286, Florida Statutes, as

20  they may be amended from time to time.

21         Section 16.  The procedures and requirements governing

22  the issuance of bonds, notes, and other evidence of

23  indebtedness by the district shall be as set forth in this

24  act, chapter 191, Florida Statutes, and any other applicable

25  general or special law, as they may be amended from time to

26  time.

27         Section 4.  This act shall be construed as remedial and

28  shall be liberally construed to promote the purpose for which

29  it is intended.

30         Section 5.  In the event any section or provision of

31  this act is determined to be invalid or unenforceable, such


                                  17

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




    ENROLLED

    2000 Legislature                                       HB 1603



  1  determination shall not affect the validity of or

  2  enforceability of each other section and provision of this

  3  act.

  4         Section 6.  Chapter 29438, Laws of Florida, 1953, and

  5  chapters 59-1744, 67-1930, 71-872, 74-583, 78-593, 84-511,

  6  88-446, and 89-405, Laws of Florida, are repealed.

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

  8  law.

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  18