House Bill 1613er

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  2         An act relating to the Tice Fire Protection and

  3         Rescue Service District, Lee County; providing

  4         legislative intent; codifying, reenacting, and

  5         amending all prior special acts relating to the

  6         Tice Fire Protection and Rescue Service

  7         District; creating and establishing a fire

  8         control and rescue district as an independent

  9         district in Lee County and fixing the

10         boundaries of the district; providing for a

11         governing body; prescribing the powers of the

12         board; authorizing the board to establish and

13         maintain emergency medical services and

14         equipment; authorizing the board to make

15         policies, rules, regulations, and a fire code;

16         providing for the assessment and collection of

17         taxes, assessments, impact fees, and user

18         charges; providing that this act shall be

19         construed liberally; providing for

20         severability; providing for the repeal of

21         chapters 76-410, 79-498, 81-414, 83-446,

22         83-454, 87-447, 88-545, and 93-396, Laws of

23         Florida, as said laws relate to the district;

24         providing for control in the event of a

25         conflict of provisions; providing an effective

26         date.

27

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

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30         Section 1.  Pursuant to section 191.015, Florida

31  Statutes, this act constitutes the codification of all special


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  1  acts relating to the Tice Fire Protection and Rescue Service

  2  District.  It is the intent of the Legislature to provide a

  3  single, comprehensive special act charter for the Tice Fire

  4  Protection and Rescue Service District which includes all

  5  current legislative authority granted to the district by

  6  general law and by its several legislative enactments, as said

  7  laws may be amended from time to time, and any additional

  8  authority granted by this act.

  9         Section 2.  Chapters 76-410, 79-498, 81-414, 83-446,

10  83-454, 87-447, 88-545, and 93-396, Laws of Florida, relating

11  to the Tice Fire Protection and Rescue Service District, are

12  hereby codified, reenacted, and amended as provided herein.

13         Section 3.  The Tice Fire Protection and Rescue Service

14  District is re-created, and the charter for such district is

15  re-created and reenacted to read:

16         Section 1.  Creation.--There is hereby made, created,

17  and established the Tice Fire Protection and Rescue Service

18  District, an independent special district, hereinafter

19  referred to as the district, through the codification and

20  reenactment of the district's several legislative enactments,

21  which shall include the following described lands:

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23         Beginning at the Northwest corner of Section 3,

24         Township 44 South, Range 26 East; thence

25         Southerly along West line of Section 3 to

26         Southwest corner; thence Easterly along the

27         section line to Southeast corner of Section 3;

28         thence Southerly along the East section line of

29         Section 10 to the Southeast corner; thence East

30         along North section line of Section 14 to a

31         point that is the North-South 1/4 line of said


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  1         Section 14; thence Southerly along said

  2         North-South 1/4 section line to the North

  3         section line of Section 23; thence West along

  4         the South section lines of Sections 14, 15 and

  5         16 to the Southwest corner of Section 16;

  6         thence Southerly along the East section line of

  7         Section 20 to its intersection with the

  8         centerline of Buckingham Road; thence Westerly

  9         along centerline of Buckingham Road to point of

10         intersection with North-South 1/4 line of

11         Section 19; thence Southerly along North-South

12         1/4 section line of Sections 19 and 30 to point

13         of intersection with centerline of S.R. 82;

14         thence Westerly along said centerline to point

15         of intersection with East line of Section 25,

16         Township 44 South, Range 25 East; thence

17         Southerly along East line of Sections 25 and

18         36; thence West along the South line of

19         Sections 36 and 35; thence Northerly on the

20         section line between Sections 35 and 34 to the

21         Northeast corner of Section 34; thence westerly

22         along the North line of Sections 34 and 33 to

23         point of intersection of the centerline of

24         Colonial Boulevard extended; thence

25         Southwesterly along said centerline to Easterly

26         limits of the City of Fort Myers; thence

27         Northerly following the Easterly limits of the

28         City of Fort Myers to point of intersection

29         with the South shoreline of the Caloosahatchee

30         River; thence Northeasterly along the South

31         shoreline of the Caloosahatchee River to a


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  1         point of intersection with West shoreline of

  2         the Orange River; thence Southeasterly along

  3         said shoreline of the Orange River to a point

  4         where said shoreline intersects the North

  5         Section line of Section 5, Range 26 East,

  6         Township 44 South; thence East on North section

  7         lines of Sections 5 and 4 to point of

  8         beginning; in addition that portion of Sections

  9         14, 22, 21 and 28, Range 26 East, Township 44

10         South, not lying in or being part of the Lehigh

11         Acres Fire Control and Rescue District, except

12         all properties located within the Lehigh Acres

13         Fire Control and Rescue District, and less and

14         except that portion of all the above described

15         lands located within the municipal boundaries

16         of the City of Fort Myers.

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

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

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

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

22  be amended from time to time.

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

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

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

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

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

28  and the board may exercise those general and special powers

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

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

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


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  1         Section 4.  Emergency medical and rescue response

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

  3  maintain emergency medical and rescue response services and

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

  5  emergency equipment as prescribed by general law and special

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

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

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

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

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

11  services within the district.  Such policies, rules,

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

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

14  amended from time to time.

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

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

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

18  sufficient to meet the requirements of the adopted budget;

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

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

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

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

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

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

25  charge impact fees and user charges as prescribed in chapter

26  191, Florida Statutes, chapter 97-340, Laws of Florida, and

27  any other applicable general law or special law, as said laws

28  may be amended from time to time.

29         Section 7.  Assessment and collection of taxes,

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

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


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  1  shall be assessed and collected in the manner prescribed by

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

  3  amended from time to time.

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

  5  act and shall be liberally construed to promote the purpose

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

  7  and repeal of the several legislative enactments of the Tice

  8  Fire Protection and Rescue Service District.

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

10  this act is declared unconstitutional, unenforceable, or

11  invalid for any cause or reason, it shall be eliminated from

12  this act and the remaining portion of the act shall remain in

13  full force and effect as if said unconstitutional,

14  unenforceable, or invalid portion had not been incorporated

15  herein.

16         Section 6.  Except as specifically reenacted herein,

17  chapters 76-410, 79-498, 81-414, 83-446, 83-454, 87-447,

18  88-545, and 93-396, Laws of Florida, as said laws relate to

19  the Tice Fire Protection and Rescue Service District, are

20  repealed.

21         Section 7.  In the event of a conflict of the

22  provisions of this act with the provisions of any other act,

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

24  conflict.

25         Section 8.  This act shall take effect upon becoming a

26  law.

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