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.
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28 Be It Enacted by the Legislature of the State of Florida:
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30 Section 1. Pursuant to section 191.015, Florida
31 Statutes, this act constitutes the codification of all special
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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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