House Bill 1641

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    Florida House of Representatives - 2000                HB 1641

        By Representative Goodlette






  1                      A bill to be entitled

  2         An act relating to the East Naples Fire Control

  3         and Rescue District, Collier County; codifying

  4         the district's charter, chapter 61-2034, Laws

  5         of Florida, 1961, as amended; providing a

  6         provision that the district is an independent

  7         special district; providing for a board of

  8         commissioners; defining its duties, powers, and

  9         authority; providing for the raising of funds

10         within said district by taxation on all the

11         property therein and the methods of levying,

12         collecting, and disbursing said funds;

13         repealing all prior special acts of the

14         Legislature relating to the East Naples Fire

15         Control and Rescue District; providing that

16         this act shall take precedence over any

17         conflicting law to the extent of such conflict;

18         providing severability; providing an effective

19         date.

20

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

22

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

24  amended, is codified, reenacted, amended, and repealed as

25  herein provided.

26         Section 2.  The East Naples Fire Control and Rescue

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

28  re-created and reenacted to read:

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

30  Florida, this act constitutes the codification of all special

31  acts relating to the East Naples Fire Control and Rescue

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

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

  3  the district, including all current legislative authority

  4  granted to the district by its several legislative enactments

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

  6  further the intent of this act to preserve all district

  7  authority, including the authority to assess annually and levy

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

  9  exceed 1.5 mills on the dollar of assessed valuation.

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

11  East Naples Fire Control and Rescue District, hereafter

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

13  of the following described lands in Collier County:

14

15         A.  Beginning at the northeast corner of the

16         Northwest quarter of Section 27, Township 49

17         South, Range 25 East, thence along the north

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

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

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

21         lies 45 feet east of, measured at right angles

22         to, and parallel with the north and south

23         quarter section line of said Section 27), to

24         the north line of Lot 11, Naples Improvement

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

26         thence east to the east section line of Section

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

28         north along the east line of said Section 27 to

29         the northeast corner of said Section 27; thence

30         east along the north line of Section 26,

31         Township 49 South, Range 25 East to a point

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  1         990.0 feet west of the west right-of-way line

  2         of Airport Pulling Road; thence south 01

  3         degrees 30 minutes 00 seconds east, 1320.0

  4         feet; thence north 89 degrees 25 minutes 40

  5         second east, 660.0 feet; thence north 01

  6         degrees 30 minutes 00 seconds west, 1320.0 feet

  7         to the north line of said Section 26; thence

  8         east along said north line of Section 26 to the

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

10         thence southerly along the west right-of-way

11         line of said Airport-Pulling Road to a point

12         534.46 feet south of the south right-of-way

13         line of Golden Gate Parkway; thence westerly

14         and northwesterly along a curve concave

15         southwesterly with an arc distance of 32.46

16         feet, a radius of 35.0 feet and a central angle

17         of 53 degrees 08 minutes 18 seconds; thence

18         north 89 degrees 53 minutes 02 seconds west,

19         14.0 feet to the beginning of a circular curve

20         concave northeasterly with a central angle of

21         89 degrees 59 minutes 48 seconds and an arc

22         distance of 108.38 feet; thence north 0 degrees

23         06 minutes 58 seconds east 656.45 feet; thence

24         south 89 degrees 11 minutes 27 seconds west

25         1008.99 feet; thence north 0 degrees 06 minutes

26         58 seconds east 408.63 feet to the south right

27         of way line of Golden Gate Parkway; thence

28         north on the previous line extended to the

29         north right of way line of Golden Gate Parkway;

30         thence westerly along the north right of way of

31         Golden Gate Parkway to a point 620 feet east

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  1         and 235.46 feet south of the northwest corner

  2         of Lot 8, Naples Improvement Company's Little

  3         Farms; thence north 235.46 feet to the north

  4         line of Lot 8; thence west along said north

  5         line 620 feet to the northwest corner of said

  6         Lot 8; thence southerly to that angle point in

  7         said east right-of-way line which lies on a

  8         line 400.00 feet northerly of (measured at

  9         right angles to) and parallel with the north

10         line of Section 34, Township 49 South, Range 25

11         East; thence continuing along said east

12         right-of-way to the north line of Gordon River

13         Homes Subdivision; thence east along the north

14         line of Lots 50, 49, and 48 to a point 22.5

15         feet east of the northwest corner of Lot 48;

16         thence south parallel to the west line of Lot

17         48 to the south line of Lot 48; thence west

18         along the south line of Lots 48, 49, and 50 to

19         the east right-of-way line of Goodlette-Frank

20         Road; thence continuing along said east

21         right-of-way line, which line lies 100.09 feet

22         east of, measured at right angles to, and

23         parallel with the north and south quarter

24         section line of said Section 34; thence

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

26         a point on the north line of the southwest

27         quarter of the northeast quarter of Section 34,

28         Township 49 South, Range 25 East; thence

29         continue on said right of way line 460.0 feet;

30         thence north 89 degrees 41 minutes 30 seconds

31         east 494.99 feet; thence south 0 degrees 34

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  1         minutes 06 seconds east 615.88 feet to a point

  2         of curvature; thence southwesterly along the

  3         arc of a tangential circular curve, concave to

  4         the northwest have a radius of 243.97 feet and

  5         subtended by a chord which bears south 44

  6         degrees 33 minutes 25 seconds west 345.84 feet;

  7         thence south 89 degrees 41 minutes 30 seconds

  8         west 250.0 feet to the easterly right of way

  9         line of Goodlette-Frank Road; thence south

10         along said right of way line to a point 248.43

11         feet south of the north line of the south half

12         of Section 34, Township 49 South, Range 25

13         East; thence north 89 degrees 56 minutes 59

14         seconds east 600.0 feet; thence north 0 degrees

15         18 minutes 37 seconds west 200.0 feet; thence

16         south 89 degree 56 minutes 59 seconds west

17         350.21 feet; thence northeasterly 173.98 feet

18         along the arc of a circular curve concave to

19         the northwest having a radius of 293.97 feet

20         and being subtended by a chord which bears

21         north 72 degrees 59 minutes 41 seconds east

22         171.46 feet; thence south 89 degrees 47 minutes

23         31 seconds east 808.79 feet; thence north 89

24         degrees 55 minutes 05 seconds east 993.64 feet

25         to a point on that bulkhead line as shown on

26         Plate recorded in Bulkhead Line Plan Book 1,

27         Page 25 Collier County Public Records, Collier

28         County, Florida; Thence run the following

29         courses along the said Bulkhead line, 47.27

30         feet along the arc of a non-tangential circular

31         curve concave to the west, having a radius of

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  1         32.68 feet and subtended by a chord having a

  2         bearing of south 14 degrees 08 minutes 50

  3         seconds east and a length of 43.26 feet to a

  4         point of tangency; south 27 degrees 17 minutes

  5         25 seconds west for 202.44 feet to a point of

  6         curvature; 296.89 feet along the arc of a curve

  7         concave to the southeast, having a radius of

  8         679.46 feet and subtended by a chord having a

  9         bearing of south 14 degrees 46 minutes 21

10         seconds west and a length of 294.54 feet to a

11         point of reverse curvature; 157.10 feet along

12         the arc of a curve concave to the northwest,

13         having a radius of 541.70 feet, and subtended

14         by a chord having a bearing of south 10 degree

15         33 minutes 47 seconds west and a length of

16         2156.66 feet to a point of reverse curvature;

17         280.42 feet along the arc of a curve concave to

18         the northeast; having a radius of 278.30 feet,

19         and subtended by a chord having a bearing of

20         south 9 degrees 59 minutes 48 second east and a

21         length of 268.71 feet; thence north 89 degrees

22         57 minutes 00 seconds west 1772.02 feet; then

23         south 00 degrees 33 minutes 35 seconds east

24         200.0 feet; thence south 00 degrees 18 minutes

25         37 seconds east 195.13 feet to the north line

26         of River Park East Subdivision which is also

27         the north line of the south half of the

28         southeast quarter of Section 34, Township 49

29         South, Range 25 East; thence along the north

30         line of the south half of the southeast quarter

31         of said Section 34, easterly to the west line

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  1         of Section 35, Township 49 South, Range 25

  2         East; thence along the west line of said

  3         Section 35, northerly 1320 feet more or less to

  4         the northwest corner of the south half of said

  5         Section 35; thence along the north line of the

  6         south half of said Section 35, easterly to the

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

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

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

10         parallel with the east line of said Section 35;

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

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

13         seconds west 1800 feet more or less to a point

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

15         north 00 degrees 13 minutes 57 seconds east

16         848.02 feet and south 89 degrees 46 minutes 03

17         seconds west 5000 feet from the southeast

18         corner of said Section 35; thence continuing

19         along said west right-of-way line southerly

20         3255.02 feet along the arc of a tangential

21         circular concave to the east, radius 2914.93

22         feet, subtended by a chord which bears south 2

23         degrees 57 minutes 43 seconds east 324.87 feet;

24         thence continuing along said west right-of-way

25         line, tangentially south 6 degrees 09 minutes

26         22 second east 3.13 feet, thence southerly

27         along a curve concave to the southwest, having

28         a central angle of 6 degrees 23 minutes 18

29         seconds and a radius of 1860.08 feet, a

30         distance of 207.34 feet; thence south 0 degrees

31         13 minutes 57 seconds west 313.03 feet more or

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  1         less to a point on the north line of and 20

  2         feet west of the northeast corner of Section 2,

  3         Township 50 South, Range 25 East; thence

  4         southeasterly, 300.7 feet more or less to a

  5         point on the east line of said Section 2 which

  6         point lies 300.0 feet south of the northeast

  7         corner of said Section 2; thence along the east

  8         line of the north half of said Section 2,

  9         southerly to the southeast quarter of Section

10         3, Township 50-South, Range 25 East; thence

11         southerly along the east line of the southeast

12         quarter of said Section 3, and along the east

13         lines of Section 10, 15, 22, and 27, all in

14         Township 50 South, Range 25 East, to the

15         southeast corner of said Section 27, Township

16         50 South, Range 25 East; thence westerly along

17         the south line of said Section 27, Township 50

18         South, Range 25 East, to the shoreline of the

19         Gulf of Mexico; thence southeasterly along said

20         shoreline to the south line of Section 3,

21         Township 51 South, Range 25 East; thence

22         easterly along the south line of said Section

23         3, Section 2 and Section 1, Township 51 South,

24         Range 25 East; thence along the south corner of

25         said section 5; thence north along the east

26         line of Section 5, Township 51 South, Range 26

27         East; thence continue on the north line of

28         Section 25, 26 and part of Section 27, Township

29         49 South, Range 25 East to the point of

30         beginning and also,

31

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  1         B.  All those lands in Collier County described

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

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

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

  5         17, 18, 23, 24, 25, 26, 35 and 36, Township 51

  6         South, Range 16 East; Sections 1, 2, 3 and

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

  8         Township 52 South, Range 26 East, that lie

  9         North of the Marco River; those portion of

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

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

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

13         21, 22, 27, 28, 29, 30 and 31, Township 51

14         South, Range 27 East, and those portions of

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

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

17

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

19         of Township 50 South, Range 25 East and the

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

21         Range 25 East.

22

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

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

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

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

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

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

29  property shall be assessed by the district for ad valorem

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

31  annexation, the district shall be relieved of providing fire

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

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

  3  existing indebtedness or property of the district shall be

  4  assumed by the municipality of which the annexed territory

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

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

  7  herein shall relieve the property annexed from the payment of

  8  general obligation debt service incurred by the district

  9  before annexation.

10         Section 2.  The governing body of the district board

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

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

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

14  general law. For purposes of qualification and running for

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

16  2, 3, 4, and 5. Within 15 days after any commissioner takes

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

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

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

20  or her services as provided for by general law.

21         Section 3.  Within 10 days after the election and

22  qualification of its members the board shall meet and elect

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

24  a secretary-treasurer.

25         Section 4.  The business affairs of the district shall

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

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

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

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

30  exchange, or otherwise acquire and dispose of firefighting

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

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

  2  extinguish fire or provide rescue services within the

  3  district, which services may include transportation to a

  4  health facility when authorized by the Board of County

  5  Commissioners of Collier County under emergency conditions as

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

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

  8  water, water supply, water stations, and other necessary

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

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

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

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

13  board shall have the authority to extend its services outside

14  the district when provided in cooperation with another

15  governmental entity.

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

17  necessary firefighting personnel who shall serve at its

18  pleasure.

19         Section 6.  The board shall have authority to inspect

20  all property and investigate for fire hazards.

21         Section 7.  The board is authorized to promulgate rules

22  and regulations for the prevention of fire and for fire

23  control in the district, which rules and regulations shall

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

25  thereof executed by the president and secretary of the board

26  have been posted in at least three public places.

27         Section 8.  For the purpose of carrying into effect

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

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

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

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

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  1  including the next succeeding March 31, which estimate shall

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

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

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

  5  secretary to the Board of County Commissioners of Collier

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

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

  8  County Commissioners of Collier County, copies of the itemized

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

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

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

12  the board shall also present to the Board of County

13  Commissioners of Collier County a certificate of the board

14  that copies of such estimate have been posted as provided

15  herein.

16         Section 9.  Upon receipt of such estimate and

17  certificate of posting the said board of county commissioners

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

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

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

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

22  real and personal, a millage sufficient to meet the

23  requirements of the estimate, provided however, the total

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

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

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

27  electors residing within the area of the boundaries of the

28  East Naples Fire Control District, voting in a referendum

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

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

31  relating to elections currently in force in Collier County,

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

  2  on March 18, 1982.

  3         Section 10.  Taxes herein provided for shall be

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

  5  assessment and collection of county taxes and subject to the

  6  same commission and fees for assessing and collecting as for

  7  the assessment and collection of county taxes except as herein

  8  otherwise provided.

  9         Section 11.  When the tax collector has collected the

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

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

12  board the collection made for the preceding month and remit

13  the same to the treasurer of the board.

14         Section 12.  All warrants for the payment of labor,

15  equipment, materials, and other allowable expenses incurred by

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

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

18  approved by the board.

19         Section 13.  The treasurer of the board when entering

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

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

22  performance of his or her duties as treasurer.

23         Section 14.  The treasurer shall on or before April 10

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

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

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

27  the board of county commissioners.

28         Section 15.  Subject to the original provisions of

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

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

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

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  1  county commissioners for ratification or rejection. In the

  2  event of ratification this act shall become effective

  3  immediately.

  4         Section 16.  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.

  7         Section 17.  The district shall have the power to issue

  8  general obligation bonds, notes, or certificates of

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

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

11  of the district in accordance with the following requirements:

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

13  time, issue general obligations bonds, notes, or certificates

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

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

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

17  general bonds.

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

19  issued unless the issuance thereof shall have been approved at

20  a referendum held in accordance with the requirements for such

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

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

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

24  calling and holding the referendum shall be borne by the

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

26  expenses incurred in calling or holding such referendum.

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

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

29  obligations bonds and for any reserve funds provided therefor

30  and will unconditionally and irrevocably pledge itself to levy

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

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

  2  other taxes authorized and permitted by this act.

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

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

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

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

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

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

  9  purposes shall not defeat the approval of bonds for any

10  purpose which shall be approved by the electors.

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

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

13  shall constitute legal investments for savings banks, banks,

14  trust companies, insurance companies, executors,

15  administrators, trustees, guardians, and other fiduciaries and

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

17  municipality, or other political subdivision of the state and

18  shall be and constitute security which may be deposited by

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

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

21  companies as required for voluntary statutory deposits.

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

23  incontestable in the hands of bona fide purchasers or holders

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

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

26         (g)  Any resolution authorizing the issuance of bonds

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

28  and all such covenants shall constitute valid and legally

29  binding and enforceable contracts between the district and the

30  bondholders, regardless of the time of issuance thereof.

31

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  1         (h)  This act constitutes full and complete authority

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

  3  the district provided herein. No procedures or proceedings,

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

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

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

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

  8  bonds under this act.

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

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

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

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

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

14  acquire, construct, reconstruct, improve, maintain, operate,

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

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

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

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

19  impair the rights or remedies of such holders.

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

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

22  government or the state.

23         Section 18.  The district shall have the authority to

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

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

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

27  property, for the purpose of acquiring property for the

28  location of fire stations. The location and construction of

29  fire stations shall comply with applicable Collier County

30  ordinances.

31

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  1         Section 19.  Whenever a referendum is required under

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

  3  county for the cost of such election.

  4         Section 20.  The district board may allow for the

  5  collection of impact fees for capital improvements on new

  6  construction within the district.

  7         (a)  Impact fees for capital improvement:

  8         1.  It is hereby found and determined that Collier

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

10  nation. New construction and resulting population growth is

11  placing a strain upon the capabilities of the district to

12  continue to provide the high level of professional fire

13  protection and related emergency services, for which the

14  residents of the district pay and which they deserve.

15         2.  It is readily apparent that additional equipment

16  and facilities will be needed to meet the expanded commercial

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

18  that which can be provided from current and anticipated ad

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

20  district.

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

22  facilities and equipment for fire protection and related

23  emergency services shall be borne by new users of the

24  district's services to the extent that new construction

25  requires new facilities and equipment, but only to that

26  extent.

27         4.  It is therefore the legislative intent of this

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

29  protection and related emergency services a fair share of the

30  costs that new users impose on the district for new

31  facilities.

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

  2  fees for capital improvement provided for in this section are

  3  just, reasonable, and equitable.

  4

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

  6  residential dwelling units or new commercial or industrial

  7  structures within the district, or issue or obtain

  8  construction plan approval for new mobile home developments

  9  located within the district, until the developer thereof shall

10  have paid the applicable impact fee to capital improvements to

11  the district hereinafter set forth.

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

13  and collected hereunder shall not exceed the following:

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

15  foot of living area.

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

17  square foot of usable area.

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

19  of permitted living area.

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

21  structure that is covered by a roof.

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

23  covered by the individual lots.

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

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

26  cooperative apartment, or condominium or similar type

27  structure shall be considered and shall constitute a

28  residential dwelling unit.

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

30  shopping centers, churches, nursing homes, hospitals,

31  congregate living facilities when not part of an actual

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

  2  similar type structure shall be considered commercial

  3  structures.

  4         (e)  Impact fees for capital improvement collected by

  5  the district pursuant to this section shall be kept and

  6  maintained as a separate fund from other revenues of the

  7  district and shall be used exclusively for the acquisition,

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

  9  portions thereof required to provide fire protection and

10  related emergency services to new construction. "New

11  facilities and equipment" means buildings and capital

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

13  emergency vehicles and communication equipment as may from

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

15  fire protection and related emergency services to the areas of

16  new construction.

17         (f)  The impact fees for capital improvement collected

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

19  construction of facilities or equipment which must be obtained

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

21  growth within the district.

22         (g)  The district board shall determine the maximum

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

24  This determination shall be made prior to the immediately

25  succeeding fiscal year. However, should the district board

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

27  the maximum allowable hereunder, then these fees shall be

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

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

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

31  requirements set forth in this section.

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  1         (i)  The impact fee for capital improvement called for

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

  3  the permitted structure will install fire sprinklers in

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

  5  coverage is applicable for this reduction.

  6         (j)  The board of fire commissioners shall, prior to

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

  8  majority vote authorizing the collection of said fees subject

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

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

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

12  act shall be liberally construed for accomplishing the work

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

14  construction would result in the defeat of the accomplishment

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

16  construction would permit or assist in the accomplishment of

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

18  construction shall be chosen.

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

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

21  such holding shall not affect the validity of the remaining

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

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

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

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

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

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

28  thereof may be declared unconstitutional.

29         Section 5.  Chapters 61-2034, Laws of Florida; chapter

30  65-1410, Laws of Florida; chapter 77-534, Laws of Florida;

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

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

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

  3  89-454, Laws of Florida, will be repealed 10 days after the

  4  effective date of this act; provided the authority to levy and

  5  assess 1.5 mill of ad valorem tax shall not be repealed.

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

  7  law.

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