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





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1641

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 1                                 .
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 2                                 .
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 3                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Community Affairs offered the following:

12

13         Amendment 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Chapter 61-2034, Laws of Florida, as

18  amended, is codified, reenacted, amended, and repealed as

19  herein provided.

20         Section 2.  The East Naples Fire Control and Rescue

21  District is re-created and the charter for such district is

22  re-created and reenacted to read:

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

24  Florida, this act constitutes the codification of all special

25  acts relating to the East Naples Fire Control and Rescue

26  District. It is the intent of the Legislature in enacting this

27  law to provide a single, comprehensive special act charter for

28  the district, including all current legislative authority

29  granted to the district by its several legislative enactments

30  and any additional authority granted by this act. It is

31  further the intent of this act to preserve all district

                                  1

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1641

    Amendment No. 1 (for drafter's use only)





 1  authority, including the authority to assess annually and levy

 2  against the taxable property in the district a tax not to

 3  exceed 1.5 mills on the dollar of assessed valuation.

 4         Section 2.  (1)  A fire control district known as the

 5  East Naples Fire Control and Rescue District, hereafter

 6  referred to as the district, is hereby established to consist

 7  of the following described lands in Collier County:

 8

 9         A.  Beginning at the northeast corner of the

10         Northwest quarter of Section 27, Township 49

11         South, Range 25 East, thence along the north

12         line of said Section 27, east 45 feet to the

13         east right-of-way line of C-851 (also known as

14         Goodlette-Frank Road), (which right-of-way line

15         lies 45 feet east of, measured at right angles

16         to, and parallel with the north and south

17         quarter section line of said Section 27), to

18         the north line of Lot 11, Naples Improvement

19         Company's Little Farms, Plat Book 2, Page 2;

20         thence east to the east section line of Section

21         27, Township 49 South, Range 25 East; then

22         north along the east line of said Section 27 to

23         the northeast corner of said Section 27; said

24         point also being the southeast corner of

25         Section 23 Township 49 South, Range 25 East

26         thence east along the north line of Section 26,

27         Township 49 South, Range 25 East to a point

28         990.0 feet west of the west right-of-way line

29         of Airport Pulling Road; thence south 01

30         degrees 30 minutes 00 seconds east, 1320.0

31         feet; thence north 89 degrees 25 minutes 40

                                  2

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1641

    Amendment No. 1 (for drafter's use only)





 1         seconds east, 660.0 feet; thence north 01

 2         degrees 30 minutes 00 seconds west, 1320.0 feet

 3         to the north line of said Section 26; thence

 4         east along said north line of Section 26 to the

 5         west right of way line of Airport-Pulling Road;

 6         to the south line of said Section 26 (said

 7         right-of-way line lying 50 feet west of the

 8         southeast corner of said Section 26); thence

 9         westerly along said south line to the southwest

10         corner of said Section 26; thence northerly

11         along the west line of said Section 26; to the

12         southerly right-of-way line of Golden Gate

13         Parkway (100 feet wide); thence easterly along

14         said southerly right-of-way line to a point

15         lying 1220.00 feet west of the west line of

16         said Airport-Pulling Road; thence northerly

17         parallel with said west right-of-way line to

18         the northerly right-of-way line of said Golden

19         Gate Parkway; thence westerly along the north

20         right-of-way of Golden Gate Parkway to a point

21         620 feet east and 235.46 feet south of the

22         northwest corner of Lot 8, Naples Improvement

23         Company's Little Farms; thence north 235.46

24         feet to the north line of Lot 8; thence west

25         along said north line 620 feet to the northwest

26         corner of said Lot 8; thence southerly to that

27         angle point in said east right-of-way line

28         which lies on a line 400.00 feet northerly of

29         (measured at right angles to) and parallel with

30         the north line of Section 34, Township 49

31         South, Range 25 East; thence continuing along

                                  3

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1641

    Amendment No. 1 (for drafter's use only)





 1         said east right-of-way to the north line of

 2         Gordon River Homes Subdivision; thence east

 3         along the north line of Lots 50, 49, and 48 to

 4         a point 22.5 feet east of the northwest corner

 5         of Lot 48; thence south parallel to the west

 6         line of Lot 48 to the south line of Lot 48;

 7         thence west along the south line of Lots 48,

 8         49, and 50 to the east right-of-way line of

 9         Goodlette-Frank Road; thence continuing along

10         said east right-of-way line, which line lies

11         100.00 feet east of, measured at right angles

12         to, and parallel with the north and south

13         quarter section line of said Section 34; thence

14         continuing along said east right-of-way line to

15         a point on the north line of the southwest

16         quarter of the northeast quarter of Section 34,

17         Township 49 South, Range 25 East; thence

18         continue on said right of way line 460.0 feet;

19         thence north 89 degrees 41 minutes 30 seconds

20         east 494.99 feet; thence south 0 degrees 34

21         minutes 06 seconds east 615.88 feet to a point

22         of curvature; thence southwesterly 343.97 feet

23         along the arc of a tangential circular curve,

24         concave to the northwest have a radius of

25         243.97 feet and subtended by a chord which

26         bears south 44 degrees 33 minutes 25 seconds

27         west 345.84 feet; thence south 89 degrees 41

28         minutes 30 seconds west 250.0 feet to the

29         easterly right of way line of Goodlette-Frank

30         Road; thence south along said right of way line

31         to a point 48.41 feet south of the north line

                                  4

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1641

    Amendment No. 1 (for drafter's use only)





 1         of the south half of Section 34, Township 49

 2         South, Range 25 East; thence north 89 degrees

 3         56 minutes 59 seconds east 249.79 feet; thence

 4         northeasterly 173.98 feet along the arc of a

 5         circular curve concave to the northwest having

 6         a radius of 293.97 feet and being subtended by

 7         a chord which bears north 72 degrees 59 minutes

 8         41 seconds east 171.46 feet; thence south 89

 9         degrees 47 minutes 31 seconds east 808.79 feet;

10         thence north 89 degrees 55 minutes 05 seconds

11         east 993.64 feet to a point on that bulkhead

12         line as shown on Plate recorded in Bulkhead

13         Line Plan Book 1, Page 25 Collier County Public

14         Records, Collier County, Florida; thence run

15         the following courses along the said Bulkhead

16         line, 47.27 feet along the arc of a

17         non-tangential circular curve concave to the

18         west, having a radius of 32.68 feet and

19         subtended by a chord having a bearing of south

20         14 degrees 08 minutes 50 seconds east and a

21         length of 43.26 feet to a point of tangency;

22         south 27 degrees 17 minutes 25 seconds west for

23         202.44 feet to a point of curvature; 296.89

24         feet along the arc of a curve concave to the

25         southeast, having a radius of 679.46 feet and

26         subtended by a chord having a bearing of south

27         14 degrees 46 minutes 21 seconds west and a

28         length of 294.54 feet to a point of reverse

29         curvature; 157.10 feet along the arc of a curve

30         concave to the northwest, having a radius of

31         541.70 feet, and subtended by a chord having a

                                  5

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1641

    Amendment No. 1 (for drafter's use only)





 1         bearing of south 10 degrees 33 minutes 47

 2         seconds west and a length of 156.55 feet to a

 3         point of reverse curvature; 307.67 feet along

 4         the arc of a curve concave to the northeast;

 5         having a radius of 278.30 feet, and subtended

 6         by a chord having a bearing of south 12 degrees

 7         47 minutes 59 seconds east and a length of

 8         292.24 feet to a point of reverse curvature;

 9         135.31 feet along the arc of a curve concave to

10         the southwest having a radius of 100.00 feet

11         and subtended by a chord having a bearing of

12         south 05 degrees 42 minutes 27 seconds East and

13         a length of 125.21 feet to a point of tangency;

14         thence South 33 degrees, 03 minutes, 21 seconds

15         West for 295.10 feet; and South 33 degrees 27

16         minutes 51 seconds West 1.93 feet to the north

17         line of the River Park East Subdivision which

18         is also the north line of the south half of the

19         southeast quarter of Section 34, Township 49

20         South, Range 25 East; thence along the north

21         line of the south half of the southeast quarter

22         of said Section 34, easterly to the west line

23         of Section 35, Township 49 South, Range 25

24         East; thence along the west line of said

25         Section 35, northerly 1320 feet more or less to

26         the northwest corner of the south half of said

27         Section 35; thence along the north line of the

28         south half of said Section 35, easterly to the

29         west right-of-way line of State Road No. 31

30         (Airport Road), which right-of-way lies 50.0

31         feet west of, measured at right angles to, and

                                  6

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1641

    Amendment No. 1 (for drafter's use only)





 1         parallel with the east line of said Section 35;

 2         thence along said right-of-way line of State

 3         Road No. 31, south 00 degrees 13 minutes 57

 4         seconds west 1800 feet more or less to a point

 5         on said west right-of-way line, which lies

 6         north 00 degrees 13 minutes 57 seconds east

 7         848.02 feet and south 89 degrees 46 minutes 03

 8         seconds west 50.00 feet from the southeast

 9         corner of said Section 35; thence continuing

10         along said west right-of-way line southerly

11         325.02 feet along the arc of a tangential

12         circular curve concave to the east, radius

13         2914.93 feet, subtended by a chord which bears

14         south 2 degrees 57 minutes 43 seconds east

15         324.87 feet; thence continuing along said west

16         right-of-way line, tangentially south 6 degrees

17         09 minutes 22 second east 3.13 feet, thence

18         southerly along a curve concave to the

19         southwest, having a central angle of 6 degrees

20         23 minutes 18 seconds and a radius of 1860.08

21         feet, a distance of 207.34 feet; thence south 0

22         degrees 13 minutes 57 seconds west 313.03 feet

23         more or less to a point on the north line of

24         and 20 feet west of the northeast corner of

25         Section 2, Township 50 South, Range 25 East;

26         thence southeasterly, 300.7 feet more or less

27         to a point on the east line of said Section 2

28         which point lies 300.0 feet south of the

29         northeast corner of said Section 2; thence

30         along the east line of the north half of said

31         Section 2, southerly to the southeast corner of

                                  7

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1641

    Amendment No. 1 (for drafter's use only)





 1         the north half of said Section 2; thence along

 2         the south line of the north half of said

 3         Section 2; westerly to the northeast corner of

 4         the southeast quarter of Section 3, Township 50

 5         South, Range 25 East; thence southerly along

 6         the east line of the southeast corner of said

 7         Section 3 for a distance of 2013.98 feet;

 8         thence North 89 degrees 37 minutes 20 seconds

 9         East 662.04 feet; thence South 00 degrees 17

10         minutes 20 seconds East 119.26 feet; thence

11         South 89 degrees 27 minutes 40 seconds West

12         322.00 feet; thence South 00 degrees, 17

13         minutes 20 seconds East 10.00 feet; thence

14         South 89 degrees 27 minutes 40 seconds West

15         68.00 feet; thence South 00 degrees 17 minutes

16         20 seconds East 361.00 feet; thence North 89

17         degrees 27 minutes 40 seconds East 68.00 feet;

18         thence South 00 degrees 17 minutes 20 seconds

19         East 140.00 feet; thence South 89 degrees 27

20         minutes 40 seconds West 221.81 feet; thence

21         North 01 degrees 05 minutes 56 seconds West

22         6.99 feet; thence westerly along the arc of a

23         non-tangential circular curve concave to the

24         north having a radius of 370.00 feet through a

25         central angle of 18 degrees 34 minutes 13

26         seconds and being subtended by a chord which

27         bears North 81 degrees 50 minutes 17 seconds

28         West 119.40 feet for a distance of 119.92 feet

29         to a point on the east line of said Section 3;

30         thence southerly along the east line of Section

31         3, and along the east lines of Sections 10, 15,

                                  8

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1641

    Amendment No. 1 (for drafter's use only)





 1         22, and 27, all in Township 50 South, Range 25

 2         East, to the southeast corner of said Section

 3         27, Township 50 South, Range 25 East; thence

 4         westerly along the south line of said Section

 5         27, Township 50 South, Range 25 East, and along

 6         the western prolongation of said south line to

 7         a point 1,000 feet west of the mean low water

 8         line of the Gulf of Mexico; thence

 9         southeasterly along said shoreline to the south

10         line of Section 3, Township 51 South, Range 25

11         East, thence easterly along the south line of

12         said Section 3, Section 2, Section 1, Township

13         51 South; thence along the south corner of said

14         Section 5; thence north along the east line of

15         Section 5, Township 51 South, Range 26 East;

16         thence continue on the north line of Section

17         25, 26 and part of Section 27, Township 49

18         South, Range 25 East to the point of beginning

19         and also,

20

21         B.  All those lands in Collier County described

22         as:  Sections 21, 22, 23, 26, 27, 28, 33, 34

23         and 35, Township 50 South, Range 26 East;

24         Section 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 16,

25         17, 18, 23, 24, 25, 26, 35 and 36, Township 51

26         South, Range 26 East; Sections 1, 2, 3 and

27         those portions of Sections 10, 11, 12, and 13,

28         Township 52 South, Range 26 East, that lie

29         North of the Marco River; those portion of

30         Section 5, 6, 7 and 18, Township 52 South,

31         Range 27 East, that lie West and North of State

                                  9

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1641

    Amendment No. 1 (for drafter's use only)





 1         Road 92; and Sections 7, 8, 16, 17, 18, 19, 20,

 2         21, 22, 27, 28, 29, 30 and 31, Township 51

 3         South, Range 27 East, and those portions of

 4         Sections 32 and 33, Township 51 South, Range 27

 5         East, that lie west and North of State Road 92,

 6

 7         C.  Less and except the North 1/2 of Section 2

 8         of Township 50 South, Range 25 East and the

 9         South 1/2 of Section 35 of Township 49 South,

10         Range 25 East.

11

12         (2)  In the event that property in the district is

13  annexed by the City of Naples between January 1 and July 1 of

14  any year, the property shall be regarded as removed from the

15  East Naples Fire Control and Rescue District as of January 1

16  of that year for the purpose of the levy of general ad valorem

17  taxes by the district. If annexation occurs after July 1, the

18  property shall be assessed by the district for ad valorem

19  taxes for that year. On and after the effective date of

20  annexation, the district shall be relieved of providing fire

21  service to the annexed area. The city and the district may

22  reach an agreement to determine what portion, if any, of the

23  existing indebtedness or property of the district shall be

24  assumed by the municipality of which the annexed territory

25  will become a part, the fair value of such indebtedness or

26  property, and the manner of transfer and financing. Nothing

27  herein shall relieve the property annexed from the payment of

28  general obligation debt service incurred by the district

29  before annexation.

30         Section 3.  The governing body of the district board

31  shall be a board of five commissioners who are residents of

                                  10

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1641

    Amendment No. 1 (for drafter's use only)





 1  the district who shall be elected as are county officers and

 2  who shall qualify and run for office as provided for by

 3  general law. For purposes of qualification and running for

 4  office, the commission seats shall be designated as number 1,

 5  2, 3, 4, and 5. Within 15 days after any commissioner takes

 6  office, the district board shall meet and elect a chair and

 7  secretary-treasurer. Each member of the district board shall

 8  receive, from the funds of the district, compensation for his

 9  or her services as provided for by general law.

10         Section 4.  Within 10 days after the election and

11  qualification of its members the board shall meet and elect

12  from its membership a president, a secretary and treasurer or

13  a secretary-treasurer.

14         Section 5.  The business affairs of the district shall

15  be administered and conducted by the board. It shall have the

16  authority, for and on behalf of the district, to establish,

17  equip, operate, and maintain a fire department and rescue

18  squad within the district and shall buy, lease, sell,

19  exchange, or otherwise acquire and dispose of firefighting

20  equipment and other property, real, personal, or mixed, that

21  it may from time to time deem necessary to prevent and

22  extinguish fire or provide rescue services within the

23  district, which services may include transportation to a

24  health facility when authorized by the Board of County

25  Commissioners of Collier County under emergency conditions as

26  may be prescribed by the board of county commissioners. This

27  shall include, but not be limited to, the authority to provide

28  water, water supply, water stations, and other necessary

29  buildings; accept gifts or donations of equipment or money for

30  the use of the district; and to do all things necessary to

31  provide for an adequate water supply, fire prevention, and

                                  11

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1641

    Amendment No. 1 (for drafter's use only)





 1  proper fire protection for the district. In addition, the

 2  board shall have the authority to extend its services outside

 3  the district when provided in cooperation with another

 4  governmental entity.

 5         Section 6.  The board shall have the power to hire

 6  necessary firefighting personnel who shall serve at its

 7  pleasure.

 8         Section 7.  The board shall have authority to inspect

 9  all property and investigate for fire hazards.

10         Section 8.  The board is authorized to promulgate rules

11  and regulations for the prevention of fire and for fire

12  control in the district, which rules and regulations shall

13  have the same force and effect as law 10 days after copies

14  thereof executed by the president and secretary of the board

15  have been posted in at least three public places.

16         Section 9.  For the purpose of carrying into effect

17  this law the board shall annually during the month of June,

18  make an itemized estimate of the amount of money required to

19  carry out the provisions of this act for the next fiscal year

20  of said board, which fiscal year shall be from April 1 to and

21  including the next succeeding March 31, which estimate shall

22  show for what purpose the moneys are required and the amount

23  necessary to be raised by taxation within the district, and

24  shall be presented in writing, signed by the president and the

25  secretary to the Board of County Commissioners of Collier

26  County on or before the first Monday in July of each year.

27  Prior to the presentation of such estimate to the Board of

28  County Commissioners of Collier County, copies of the itemized

29  estimate, signed by the president and secretary of the board,

30  shall be posted in at least three public places within the

31  district, and at the time of the presentation of such estimate

                                  12

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1641

    Amendment No. 1 (for drafter's use only)





 1  the board shall also present to the Board of County

 2  Commissioners of Collier County a certificate of the board

 3  that copies of such estimate have been posted as provided

 4  herein.

 5         Section 10.  Upon receipt of such estimate and

 6  certificate of posting the said board of county commissioners

 7  shall cause the same to be recorded in the minutes of the

 8  county commissioners' meeting, and at the time of making and

 9  fixing the rate of annual taxation for county purposes, shall

10  fix and cause to be levied on all property of said district,

11  real and personal, a millage sufficient to meet the

12  requirements of the estimate, provided however, the total

13  millage shall not exceed 1 1/2 mills. Subject to the

14  provisions of chapter 82-281, Laws of Florida, this act shall

15  take effect only when approved by a majority of the qualified

16  electors residing within the area of the boundaries of the

17  East Naples Fire Control District, voting in a referendum

18  election to be called by the Board of County Commissioners of

19  Collier County, in accordance with the provisions of the law

20  relating to elections currently in force in Collier County,

21  except that this section shall take effect upon becoming a law

22  on March 18, 1982.

23         Section 11.  Taxes herein provided for shall be

24  assessed and collected in the same manner as provided for the

25  assessment and collection of county taxes and subject to the

26  same commission and fees for assessing and collecting as for

27  the assessment and collection of county taxes except as herein

28  otherwise provided.

29         Section 12.  When the tax collector has collected the

30  taxes provided for by this act he or she shall on or before

31  the 10th day of each month report to the secretary of the

                                  13

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1641

    Amendment No. 1 (for drafter's use only)





 1  board the collection made for the preceding month and remit

 2  the same to the treasurer of the board.

 3         Section 13.  All warrants for the payment of labor,

 4  equipment, materials, and other allowable expenses incurred by

 5  the board in carrying out the provisions of this act shall be

 6  payable by the treasurer of the board on accounts and vouchers

 7  approved by the board.

 8         Section 14.  The treasurer of the board when entering

 9  upon his or her duties shall give a good and sufficient bond

10  to the Governor in the sum of $3,000 for the faithful

11  performance of his or her duties as treasurer.

12         Section 15.  The treasurer shall on or before April 10

13  and October 10 of each year make a written semiannual report

14  of receipts and expenditures of the funds of the district to

15  the board. He or she shall furnish a copy of said report to

16  the board of county commissioners.

17         Section 16.  Subject to the original provisions of

18  chapter 61-2034, Laws of Florida, not be effective until the

19  same is ratified by a majority of the qualified electors of

20  the district who vote in an election called by the board of

21  county commissioners for ratification or rejection. In the

22  event of ratification this act shall become effective

23  immediately.

24         Section 17.  This act shall be construed as a remedial

25  act and shall be liberally construed to promote the purpose

26  for which it is intended.

27         Section 18.  The district shall have the power to issue

28  general obligation bonds, notes, or certificates of

29  indebtedness, hereafter "bonds," pledging the full faith,

30  credit, and taxing power of the district for capital projects

31  of the district in accordance with the following requirements:

                                  14

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1641

    Amendment No. 1 (for drafter's use only)





 1         (a)  The district shall have the power to, from time to

 2  time, issue general obligation bonds, notes, or certificates

 3  of indebtedness not to exceed 3 percent of the assessed value

 4  of the taxable property within the district as shown on the

 5  current tax roll at the time of the authorization of the

 6  general bonds.

 7         (b)  Except for refunding bonds, no bonds shall be

 8  issued unless the issuance thereof shall have been approved at

 9  a referendum held in accordance with the requirements for such

10  referendum as prescribed by general law. A referendum shall be

11  called by the board of county commissioners of the county upon

12  the request of the board of the district. The expenses of

13  calling and holding the referendum shall be borne by the

14  district, and the district shall reimburse the county for any

15  expenses incurred in calling or holding such referendum.

16         (c)  The district may pledge its full faith and credit

17  for the payment of the principal and interest on such general

18  obligations bonds and for any reserve funds provided therefor

19  and will unconditionally and irrevocably pledge itself to levy

20  a special tax on all taxable property in the district, to the

21  extent necessary for the payment thereof, over and above all

22  other taxes authorized and permitted by this act.

23         (d)  If the board shall determine to issue bonds

24  maturing in 12 months or more from the date of issue for more

25  than one purpose, the approval of the issuance of the bonds

26  for each and all such purposes may be submitted to the

27  electors on one and the same ballot. The failure of the

28  electors to approve the issuance of bonds for any one or more

29  purposes shall not defeat the approval of bonds for any

30  purpose which shall be approved by the electors.

31         (e)  Notwithstanding any provisions of any other law to

                                  15

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1641

    Amendment No. 1 (for drafter's use only)





 1  the contrary, all bonds issued under the provisions of the act

 2  shall constitute legal investments for savings banks, banks,

 3  trust companies, insurance companies, executors,

 4  administrators, trustees, guardians, and other fiduciaries and

 5  for any board, body, agency, instrumentality, county,

 6  municipality, or other political subdivision of the state and

 7  shall be and constitute security which may be deposited by

 8  banks or trust companies as security for deposits of state,

 9  county, municipal, or other public funds or be insurance

10  companies as required for voluntary statutory deposits.

11         (f)  Any bonds issued by the district shall be

12  incontestable in the hands of bona fide purchasers or holders

13  for value and shall not be invalid because of any irregularity

14  or defect in the proceeding for the issue and sale thereof.

15         (g)  Any resolution authorizing the issuance of bonds

16  may contain such covenants as the board may deem advisable,

17  and all such covenants shall constitute valid and legally

18  binding and enforceable contracts between the district and the

19  bondholders, regardless of the time of issuance thereof.

20         (h)  This act constitutes full and complete authority

21  for the issuance of bonds and the exercise of the powers of

22  the district provided herein. No procedures or proceedings,

23  publications, minutes, consents, approvals, orders, acts, or

24  things by the board for any board, officers, commission,

25  department, agency, or instrumentality of the district, other

26  than those required by this act, shall be required to issue

27  bonds under this act.

28         (i)  Bonds may be sold at public or private sale after

29  such advertisement, if any, as deemed advisable by the board.

30         (j)  The state pledges to the holders of any bonds

31  issued under this act that it will not limit or alter the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1641

    Amendment No. 1 (for drafter's use only)





 1  rights of the district to furnish the projects or to own,

 2  acquire, construct, reconstruct, improve, maintain, operate,

 3  or furnish the projects or to levy and collect the taxes,

 4  assessments, rentals, rates, fees, and other charges provided

 5  for herein and to fulfill the terms of any agreement made with

 6  the holders of such bonds and that it will not in any way

 7  impair the rights or remedies of such holders.

 8         (k)  A default on the bonds of the district shall not

 9  constitute a debt or obligation of a local general-purpose

10  government or the state.

11         Section 19.  The district shall have the authority to

12  exercise the power of eminent domain, pursuant to chapters 73

13  and 74, Florida Statutes, over any property located within the

14  district, except municipal, county, state, and federal

15  property, for the purpose of acquiring property for the

16  location of fire stations. The location and construction of

17  fire stations shall comply with applicable Collier County

18  ordinances.

19         Section 20.  Whenever a referendum is required under

20  the provisions of this act, the district shall reimburse the

21  county for the cost of such election.

22         Section 21.  The district board may allow for the

23  collection of impact fees for capital improvements on new

24  construction within the district.

25         (a)  Impact fees for capital improvement:

26         1.  It is hereby found and determined that Collier

27  County is located in one of the fastest growing areas in the

28  nation. New construction and resulting population growth is

29  placing a strain upon the capabilities of the district to

30  continue to provide the high level of professional fire

31  protection and related emergency services, for which the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1641

    Amendment No. 1 (for drafter's use only)





 1  residents of the district pay and which they deserve.

 2         2.  It is readily apparent that additional equipment

 3  and facilities will be needed to meet the expanded commercial

 4  and residential growth within the district, at a cost beyond

 5  that which can be provided from current and anticipated ad

 6  valorem tax revenues assessed, collected, and received by the

 7  district.

 8         3.  It is hereby declared that the cost of new

 9  facilities and equipment for fire protection and related

10  emergency services shall be borne by new users of the

11  district's services to the extent that new construction

12  requires new facilities and equipment, but only to that

13  extent.

14         4.  It is therefore the legislative intent of this

15  section to transfer to the new user of the district's fire

16  protection and related emergency services a fair share of the

17  costs that new users impose on the district for new

18  facilities.

19         5.  It is hereby declared that the amounts of impact

20  fees for capital improvement provided for in this section are

21  just, reasonable, and equitable.

22

23  No person shall issue or obtain a building permit for new

24  residential dwelling units or new commercial or industrial

25  structures within the district, or issue or obtain

26  construction plan approval for new mobile home developments

27  located within the district, until the developer thereof shall

28  have paid the applicable impact fee to capital improvements to

29  the district hereinafter set forth.

30         (b)  Impact fees for capital improvement to be assessed

31  and collected hereunder shall not exceed the following:

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1641

    Amendment No. 1 (for drafter's use only)





 1         1.  Each new residential dwelling unit: $.15 per square

 2  foot of living area.

 3         2.  New commercial or industrial structure: $.30 per

 4  square foot of usable area.

 5         3.  New mobile home development: $.15 per square foot

 6  of permitted living area.

 7         a.  Living area shall be defined as that area of any

 8  structure that is covered by a roof.

 9         b.  Permitted living shall be 25 percent of the area

10  covered by the individual lots.

11         (c)  For the purpose of this section, each unit of any

12  multifamily structure, whether it be a duplex, triplex,

13  cooperative apartment, or condominium or similar type

14  structure shall be considered and shall constitute a

15  residential dwelling unit.

16         (d)  For the purpose of this section, motels, hotels,

17  shopping centers, churches, nursing homes, hospitals,

18  congregate living facilities when not part of an actual

19  residence, schools, fraternal lodges, veterans' lodges, or

20  similar type structure shall be considered commercial

21  structures.

22         (e)  Impact fees for capital improvement collected by

23  the district pursuant to this section shall be kept and

24  maintained as a separate fund from other revenues of the

25  district and shall be used exclusively for the acquisition,

26  purchase, or construction of new facilities and equipment, or

27  portions thereof required to provide fire protection and

28  related emergency services to new construction. "New

29  facilities and equipment" means buildings and capital

30  equipment including, but not limited to, such fire and

31  emergency vehicles and communication equipment as may from

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1641

    Amendment No. 1 (for drafter's use only)





 1  time to time be deemed necessary by the district to provide

 2  fire protection and related emergency services to the areas of

 3  new construction.

 4         (f)  The impact fees for capital improvement collected

 5  hereunder shall not be used for the acquisition, purchase, or

 6  construction of facilities or equipment which must be obtained

 7  in any event to meet the needs of the district, regardless of

 8  growth within the district.

 9         (g)  The district board shall determine the maximum

10  amount of impact fees to be assessed in any 1 fiscal year.

11  This determination shall be made prior to the immediately

12  succeeding fiscal year. However, should the district board

13  authorize the collection of impact fees in an amount less than

14  the maximum allowable hereunder, then these fees shall be

15  uniform in each type of new construction subject to the fee.

16  The district board's determination of the amount of the impact

17  fee to be assessed in any 1 fiscal year shall be based on the

18  requirements set forth in this section.

19         (h)  The impact fee for capital improvement called for

20  in this section may be reduced by 50 percent if the owner of

21  the permitted structure will install fire sprinklers in

22  accordance with NFPA Pamphlet 13 and 13D. Only full sprinkler

23  coverage is applicable for this reduction.

24         (i)  The board of fire commissioners shall, prior to

25  assessing and collecting said fees, pass a resolution by a

26  majority vote authorizing the collection of said fees subject

27  to a referendum of registered voters of the district voting in

28  favor of said resolution by a majority of votes cast.

29         Section 3.  It is intended that the provisions of this

30  act shall be liberally construed for accomplishing the work

31  authorized and provided for by this act, and where strict

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1641

    Amendment No. 1 (for drafter's use only)





 1  construction would result in the defeat of the accomplishment

 2  of any part of the work authorized by this act, and a liberal

 3  construction would permit or assist in the accomplishment of

 4  any part of the work authorized by this act, the liberal

 5  construction shall be chosen.

 6         Section 4.  If any section, subsection, sentence,

 7  clause, or phrase of this act is held to be unconstitutional,

 8  such holding shall not affect the validity of the remaining

 9  portions of the act, the Legislature hereby declaring that it

10  would have passed this act and each section, subsection,

11  sentence, clause, and phrase thereof, irrespective of any

12  separate section, subsection, sentence, clause, or phrase

13  thereof, and irrespective of the fact that any one or more

14  other sections, subsections, sentences, clauses, or phrases

15  thereof may be declared unconstitutional.

16         Section 5.  Chapter 61-2034, Laws of Florida; chapter

17  65-1410, Laws of Florida; chapter 77-534, Laws of Florida;

18  chapter 80-486, Laws of Florida; chapter 82-281, Laws of

19  Florida; chapter 83-391, Laws of Florida; chapter 84-417, Laws

20  of Florida; chapter 87-546, Laws of Florida; and chapter

21  89-454, Laws of Florida, are repealed.

22         Section 6.  This act shall take effect upon becoming a

23  law.

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