House Bill 1605er

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  1

  2         An act relating to the Estero Fire Rescue

  3         District, Lee County; codifying and reenacting

  4         the district's charter, chapter 76-408, Laws of

  5         Florida, as amended; providing legislative

  6         intent; providing definitions; providing for

  7         creation of the district; specifying district

  8         boundaries; providing for a board of district

  9         commissioners; providing for organization of

10         the board; providing for elections; providing

11         powers and duties of the board; providing for

12         levy of ad valorem taxes; providing for tax

13         rolls; providing duties and responsibilities of

14         the Lee County Tax Collector and the Lee County

15         Property Appraiser; specifying taxes as liens

16         on district lands; providing for collection and

17         enforcement of taxes; providing for disposition

18         of district funds; authorizing the district to

19         borrow money and to issue revenue anticipation

20         certificates; limiting liability of the board

21         and individual commissioners; providing

22         limitations on use of district funds;

23         authorizing the district to buy, own, lease,

24         and maintain a fire department; requiring a

25         record of district meetings; authorizing the

26         board to adopt rules; authorizing the district

27         to adopt a fire prevention code; providing

28         severability; providing effect in cases of

29         conflict; providing for repeal of prior special

30         acts relating to the Estero Fire Protection and

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  1         Rescue Service District; providing an effective

  2         date.

  3

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

  5

  6         Section 1.  Pursuant to chapter 97-255, Laws of

  7  Florida, this act constitutes the codification of all special

  8  acts relating to the Estero Fire Protection and Rescue Service

  9  District.  It is the intent of the Legislature in enacting

10  this law to provide a single, comprehensive special act

11  charter for the district, including all current legislative

12  authority granted to the district by its several legislative

13  enactments and any additional authority granted by this act.

14  It is further the intent of this act to preserve all district

15  authority and powers.

16         Section 2.  Chapters 76-408, 81-414, 81-421, 83-447,

17  84-467, 84-468, 87-442, 87-447, 88-545, 90-400, and 94-455,

18  Laws of Florida, relating to the Estero Fire Protection and

19  Rescue Service District, are codified, reenacted, amended, and

20  repealed as herein provided.

21         Section 3.  The Estero Fire Rescue District is

22  re-created as an independent special fire control district and

23  the charter for such district is re-created and reenacted to

24  read:

25         Section 1.  Definitions.--As used in this Charter

26  unless otherwise specified:

27         (1)  "Board" and "Board of Commissioners" mean the

28  Board of Commissioners of and for the District.

29         (2)  "Commissioner" means a member of the Board of

30  Commissioners of and for the District.

31         (3)  "County" means Lee County.


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  1         (4)  "District" means the Estero Fire Rescue District,

  2  an independent special fire control district.

  3         (5)  "Property Appraiser" means the Lee County Property

  4  Appraiser.

  5         (6)  "Tax Collector" means the Lee County Tax

  6  Collector.

  7         Section 2.  Creation; Legal Description.--

  8         (1)  There is created a special taxing fire protection

  9  and rescue service district incorporating lands in Lee County

10  described in subsection (2) which shall be a public

11  corporation and a political subdivision of the State of

12  Florida having the powers, duties, rights, obligations, and

13  immunities prescribed by the Independent Special Fire Control

14  District Act, chapter 191, Florida Statutes, as amended from

15  time to time, and the Lee County Independent Special Fire

16  Control District Act, chapter 97-340, Laws of Florida, and as

17  set forth herein, under the name of Estero Fire Rescue.

18         (2)  The lands to be included within the District are

19  the following described lands in Lee County, Florida:

20

21         (a)  In Township 46 South, Range 24 East, those

22         portions of Sections 25 and 36 lying East of

23         the waters of Estero Bay.

24

25         (b)  In Township 46 South, Range 25 East, all

26         of Sections 25, 26, 27, 28, 29, 30, 31, 32, 33,

27         34, 35, and 36.

28

29         (c)  In Township 47 South, Range 25 East, all

30         of Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,

31         and 12.


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  1

  2         (d)  In Township 46 South, Range 26 East, those

  3         parts of Sections 19 and 20 South of Corkscrew

  4         Road and all of Sections 21, 22, 23, 24, 25,

  5         26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36.

  6

  7         (e)  In Township 46 South, Range 27 East, all

  8         of Sections 19, 20, 21, 22, 23, 24, 25, 26, 27,

  9         28, 29, 30, 31, 32, 33, 34, 35, and 36.

10

11         (f)  Starting at a concrete post marking the

12         southwest corner of Section 23, Township 46

13         South, Range 25 East; thence S89°44'27"E along

14         the south line of said southwest one quarter

15         for 66.25 feet to an intersection with the east

16         right-of-way line of Corlico Road (80.00 feet

17         wide) as described in Official Records Book

18         1739 at Page 776 and the Point of Beginning;

19         thence continuing S89°44'27"E along said south

20         line for 1394.24 feet to a concrete post

21         marking the westerly right-of-way line of

22         Interstate 75; thence N18°17'53"W along said

23         right-of-way line for 847.89 feet to an iron

24         rod marking the beginning of a curve concave to

25         the northeast having a radius of 17350.80 feet;

26         thence northwesterly along said curve and said

27         right-of-way line through a central angle of

28         4°04'42" for 1235.03 feet to an iron rod;

29         thence N14°13'11"W along said right-of-way line

30         for 590.20 feet; thence S89°16'57"W along the

31         north line of said southwest one quarter for


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  1         584.54 feet to a point 80.04 feet east of the

  2         northwest corner of said southwest one quarter

  3         and the east right-of-way line of said Corlico

  4         Road; thence S1°11'15"W along said right-of-way

  5         line for 2549.45 feet to the Point of

  6         Beginning.

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  8         (3)  Nothing herein shall deny the right of the chief

  9  or other governing officials of the District to render such

10  services to communities adjacent to the land described in

11  subsection (2), or such other places as from time to time may

12  be deemed desirable.

13         Section 3.  District Board.--

14         (1)  The business and affairs of the District shall be

15  conducted and administered by a Board of five Commissioners,

16  who shall be qualified electors residing within the District,

17  and shall be elected by the qualified electors residing within

18  the District, and shall serve a term of 4 years each.

19  Elections shall be on the first Tuesday next succeeding the

20  first Monday in November of even-numbered years. Election

21  shall be on a nonpartisan basis.

22         (2)  The Board shall have the authority to adopt

23  policies and procedures for the proper function and operation

24  of the District.

25         (3)  The Board may employ such personnel as deemed

26  necessary for the proper function and operation of a fire

27  department and emergency rescue service.

28         (4)(a)  All special district elections of Commissioners

29  shall be on the first Tuesday after the first Monday in

30  November of even-numbered years.

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  1         (b)  Only registered voters residing within the

  2  District shall be permitted to vote.

  3         (c)  Costs of any election shall be borne by the

  4  District.

  5         (d)  All elections shall be called by resolution of the

  6  Board.

  7         (e)  Election results shall be determined by a

  8  plurality of the votes cast.

  9         (5)(a)  Candidates shall qualify from noon of the 63rd

10  day through noon of the 49th day prior to the election.

11         (b)  Methods of and times for qualifying shall be

12  uniform pursuant to chapter 191, Florida Statutes.

13         (c)  Candidates shall be required to open depositories

14  and appoint treasurers prior to accepting any contributions or

15  expending any funds; provided that where a candidate accepts

16  no contributions and does no advertising and the only

17  expenditure is the filing fee or the fee required for checking

18  signatures, the candidate shall not be required to open

19  depositories or appoint a treasurer.

20         (6)  If a vacancy occurs on the Board, the remaining

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

22  the next general election.

23         (7)  Notwithstanding anything to the contrary as

24  provided herein, elections shall be held in accordance with

25  the provisions of the Independent Special Fire Control

26  District Act, chapter 191, Florida Statutes, as amended from

27  time to time.

28         Section 4.  Organization of Board.--

29         (1)  The Commissioners, within 60 days after newly

30  elected members have taken office and annually in November, in

31  those years when there is no election, shall organize by


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  1  electing from their number, a chairperson, vice-chairperson, a

  2  secretary, and a treasurer.  However, the same member may be

  3  both secretary and treasurer.

  4         (2)  The Commissioners shall receive compensation for

  5  actual expenses incurred while performing the duties of their

  6  office.

  7         (3)  Each Commissioner, upon taking office, shall

  8  execute to the Governor for the benefit of the District, a

  9  bond of $5,000 with a qualified personal or corporate surety,

10  conditioned upon the faithful performance of the duties of the

11  Commissioner's office and upon an accounting for all funds

12  which come into his or her hands as a Commissioner.  The

13  treasurer shall furnish a bond of $10,000 which may be in lieu

14  of the $5,000 bond.  The premium for such bonds shall be paid

15  from the funds of the District.

16         Section 5.  Levy of Ad Valorem Taxes.--

17         (1)  The Board shall have the right, power, and

18  authority to levy millage tax against the taxable real estate

19  with the District to provide funds for the purpose of this

20  District.

21         (2)  The tax rate shall be fixed by a resolution of the

22  Board following public hearings of the proposed budget as

23  provided in section 6.

24         (3)  It is the legislative intent that this act will

25  authorize the Lee County Property Appraiser and the Lee County

26  Tax Collector to take all appropriate action to comply with

27  the intent and purpose of this act.

28         Section 6.  Fiscal Year, Protest Procedures, Property

29  Appraiser, Tax Collector.--

30         (1)  The District's fiscal year shall begin on October

31  1 and end on September 30 of each year.  The Lee County


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  1  Property Appraiser shall furnish the Commissioners a tax roll

  2  covering all taxable properties within the District on or

  3  before June 1 of each year, and any property owner in the

  4  District shall have the right during the period from June 10

  5  to June 20 of each year to file protests in writing against

  6  the proposed assessments, the amount or rate thereof, and

  7  during the period from June 20 to June 30 of each year, to

  8  appear before the Board in support of such protests.  The

  9  Board shall hold at least one meeting during said period to

10  consider such protests.  The notification to the public of

11  such meeting shall be posted in not less than three public

12  places in conspicuous locations and be advertised once in a

13  newspaper of general circulation in Lee County.

14         (2)  The County Property Appraiser shall include in the

15  Lee County tax roll the assessments made by the Board and the

16  same shall be collected in the manner as provided for by this

17  act, and paid over by the Lee County Tax Collector to the

18  Board monthly.

19         (3)  The County Property Appraiser shall receive

20  reimbursement for assessing taxes, and the Lee County Tax

21  Collector shall receive a commission or fee for collecting

22  such taxes.

23         (a)  Said amount of reimbursement to the Property

24  Appraiser shall be based on the applicable law of Florida in

25  effect at the time of rendering the service of assessing

26  taxes.

27         (b)  The Lee County Tax Collector's commission or fee

28  shall be based on the applicable law of Florida in effect at

29  the time of rendering the service of collecting taxes.

30         Section 7.  Tax Liens on Lands, Collection and

31  Enforcement.--The taxes levied and assessed by the District


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  1  shall be a lien upon the land so assessed along with the

  2  County taxes assessed against such land until said taxes have

  3  been paid, and if the taxes levied by the District become

  4  delinquent, such taxes shall be considered a part of the

  5  County tax, subject to the same penalties, charges, fees, and

  6  remedies for enforcement and collection and shall be enforced

  7  and collected as provided by general law for the collection of

  8  such taxes.

  9         Section 8.  District Funds.--

10         (1)  The proceeds of the taxes and funds of the

11  District shall be deposited in the name of the District in a

12  bank authorized to receive deposits of public funds.  The bank

13  shall be designated by a resolution of the Board.

14         (2)  No funds of the District shall be paid or

15  disbursed except by check signed by any two members of the

16  Board.

17         Section 9.  Borrowing Money, Revenue Anticipation

18  Certificates, Liability of Board and Commissioners.--

19         (1)  The Board shall have the power and authority to

20  borrow money for the purposes of the District.  However, the

21  total payments in any one year, including principal and

22  interest, on any indebtedness incurred by the District shall

23  not exceed 50 percent of the total tax assessment of the year

24  in which said payments are to be made.

25         (2)  The Board shall have the power and authority to

26  issue revenue anticipation certificates for the purpose of

27  paying all or any part of the cost of purchasing any real or

28  personal property for the District.  Such revenue anticipation

29  certificates shall be issued and validated under general law.

30  In addition, the Board shall have the power and authority to

31  pledge anticipation revenue and delinquent tax assessment


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  1  liens for the payment of such certificates, which shall be the

  2  sole security for said loan.

  3         (3)  Neither the Board nor any individual Commissioner

  4  shall be personally or individually liable for the repayment

  5  of such loan.  Such repayment shall be made out of tax

  6  receipts of the District except as provided in this

  7  subsection.  The Commissioners shall not create any

  8  indebtedness or incur obligations for any sum or amount which

  9  they are unable to repay out of District funds then in their

10  hands except as otherwise provided in this act.  However, the

11  Commissioners may make purchases of equipment on an

12  installment basis as necessary if funds are available for the

13  payment of the current year's installment on such equipment

14  plus the amount due in that year of any other installments and

15  the repayment of any bank loan or other existing indebtedness

16  which may be due that year.

17         Section 10.  Use of District Funds.--

18         (1)  No funds of the District shall be used for any

19  purpose other than the administration of the affairs and

20  business of the District, the construction, care, maintenance,

21  upkeep, operation, and purchase of fire fighting and rescue

22  equipment or a fire and rescue station or stations, and/or the

23  payment of salaries of District personnel as the Board may

24  from time to time determine to be necessary for the operations

25  and effectiveness of the District.

26         (2)  The Board is authorized and empowered to buy, own,

27  lease, and maintain a fire department within the District, and

28  to purchase, acquire by gift, own, lease, and dispose of fire

29  fighting and rescue equipment and property, real and personal,

30  that the Board may from time to time deem necessary or needful

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  1  to prevent and extinguish fires and provide rescue services

  2  within the District.

  3         Section 11.  Record of Meetings, Board to Adopt Rules,

  4  Annual Report, Budget.--

  5         (1)  A record shall be kept of all meetings of the

  6  Board and in such meetings concurrence of a majority of the

  7  Commissioners shall be necessary to any affirmative action by

  8  the Board.

  9         (2)  The Board may adopt rules and regulations, not

10  inconsistent with any portion of this act, as it may deem

11  necessary for the transaction of its business and in

12  implementing and carrying out the provisions of this act.  The

13  Board shall have authority to provide all things necessary for

14  rescue services and the prevention, extinguishment, and

15  control of fires in the District.

16         Section 12.  Fire Prevention Code, Personnel,

17  Salaries.--

18         (1)  The Board shall have the right and power to enact

19  a fire prevention code or ordinance in addition to, but not in

20  conflict with, the Lee County Land Development Code or its

21  equivalent.

22         (2)  The Board may employ such personnel as deemed

23  necessary for the proper function and operation of a fire

24  department and emergency rescue service.  The salaries of fire

25  department and emergency rescue service personnel and any

26  other wages shall be determined by the Board.

27         Section 13.  Severability.--In case any one or more of

28  the sections or provisions of this Charter or the application

29  of such sections or provisions to any situation,

30  circumstances, or person shall for any reason be held to be

31  unconstitutional, such unconstitutionality shall not affect


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  1  any other sections or provisions of this Charter or the

  2  application of such sections or provisions to any other

  3  situation, circumstances or person, and it is intended that

  4  this law shall be construed and applied as if such section or

  5  provision had not been included herein for any

  6  unconstitutional application.

  7         Section 14.  Effect of Conflict.--In the event of a

  8  conflict between the provisions of this Charter and the

  9  provisions of the Independent Special Fire Control District

10  Act, the provisions of the Independent Special Fire Control

11  District Act, chapter 191, Florida Statutes, as amended from

12  time to time, shall control to the extent of such conflict.

13         Section 15.  Notice of Intention.--It is found and

14  determined that notice of intention to apply for this

15  legislation was given in the time, form and manner required by

16  the Constitution and by law.  Said notice is found to be

17  sufficient and is hereby validated and approved.

18         Section 4.  Chapters 76-408, 81-414, 81-421, 83-447,

19  84-467, 84-468, 87-442, 87-447, 88-545, 90-400, and 94-455,

20  Laws of Florida, are repealed.

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

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

23  determination shall not affect the validity or enforceability

24  of each other section and provision of this act.

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

30  law.

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