House Bill 1685er

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    2000 Legislature                      HB 1685, First Engrossed



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  2         An act relating to the Alva Fire Protection and

  3         Rescue Service District, Lee County; providing

  4         legislative intent; providing for codification

  5         of the special laws relating to the Alva Fire

  6         Protection and Rescue Service District pursuant

  7         to s. 191.015, F.S.; codifying, reenacting, and

  8         amending all prior special acts; creating and

  9         establishing a fire control and rescue district

10         as an independent district in Lee County and

11         fixing the boundaries of the district;

12         providing for a governing body; prescribing the

13         powers of the board; authorizing the board to

14         establish and maintain emergency medical

15         services and equipment; authorizing the board

16         to make policies, rules, regulations, and a

17         fire code; providing for assessing and

18         collecting taxes, assessments, impact fees, and

19         user charges; providing that this act shall be

20         construed liberally; providing for

21         severability; providing for the repeal of

22         chapters 76-413, 81-414, 83-449, 83-454,

23         87-447, 88-545, and 90-388, Laws of Florida, as

24         said laws relate to the district; providing an

25         effective date.

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

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29         Section 1.  Intent.--Pursuant to section 191.015,

30  Florida Statutes, this act constitutes the codification of all

31  special acts relating to the Alva Fire Protection and Rescue


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    2000 Legislature                      HB 1685, First Engrossed



  1  Service District.  It is the intent of the Legislature to

  2  provide a single, comprehensive special act charter for the

  3  Alva Fire Protection and Rescue Service District which

  4  includes all current legislative authority granted to the

  5  district by general law and by its several legislative

  6  enactments, as said laws may be amended from time to time, and

  7  any additional authority granted by this act.

  8         Section 2.  Codification.--Chapters 76-413, 81-414,

  9  83-449, 83-454, 87-447, 88-545, and 90-388, Laws of Florida,

10  relating to the Alva Fire Protection and Rescue Service

11  District, are hereby codified, reenacted, and amended as

12  provided herein.

13         Section 3.  The Alva Fire Protection and Rescue Service

14  District, an independent special district, is re-created and

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

16  read:

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

18  and established the Alva Fire Protection and Rescue Service

19  District, an independent special district, hereinafter

20  referred to as the district, through the codification and

21  reenactment of the district's several legislative enactments,

22  which shall include the following described lands:

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24         In Township 43 South, Range 27 East, all of

25         Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,

26         13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24,

27         25, 26, 27, 28, 29, 32, 33, 34 and 35 and that

28         portion of Sections 30, 31 and 36 that does not

29         lie in the Lehigh Acres Fire Control and Rescue

30         District, and in Township 43 South, Range 26

31         East all of Sections 1, 2, 3, 10, 11, 12, 13,


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    2000 Legislature                      HB 1685, First Engrossed



  1         14, 15, and that portion of Sections 22 and 23

  2         lying North of the Caloosahatchee River and

  3         that portion of Section 24 lying North of the

  4         Caloosahatchee River or lying South of the

  5         Caloosahatchee River and East of Hickeys Creek,

  6         and that portion of Section 25 lying North and

  7         East of Hickeys Creek, and any portion of

  8         Township 44 South, Range 27 East contiguous to

  9         the South Township line of Township 43 South

10         that does not lie in the Lehigh Acres Fire

11         Control and Rescue District.  All the above is

12         less all properties within the Lehigh Acres

13         Fire Control and Rescue District.

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

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

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

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

19  be amended from time to time.

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

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

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

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

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

25  and the board may exercise those general and special powers

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

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

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

29         Section 4.  Emergency medical and rescue response

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

31  maintain emergency medical and rescue response services and


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    2000 Legislature                      HB 1685, First Engrossed



  1  acquire and maintain rescue, medical, transport and other

  2  emergency equipment as prescribed by general law and special

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

  4         Section 5.  Policies, rules and regulations and fire

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

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

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

  8  services within the district.  Such policies, rules,

  9  regulations and fire code shall be adopted in accordance with

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

11  amended from time to time.

12         Section 6.  Taxes; non-ad valorem assessments; impact

13  fees; user charges.--The district board shall fix and cause to

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

15  sufficient to meet the requirements of the adopted budget;

16  provided, however, two (2) mills is the maximum that can be

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

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

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

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

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

22  charge impact fees and user charges as prescribed in chapter

23  191, Florida Statutes, chapter 97-340, Laws of Florida, and

24  any other applicable general law or special law as said laws

25  may be amended from time to time.

26         Section 7.  Assessment and collection of taxes,

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

28  assessments, impact fees and user charges herein provided for

29  shall be assessed and collected in the manner prescribed by

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

31  amended from time to time.


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    2000 Legislature                      HB 1685, First Engrossed



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

  2  act and shall be liberally construed to promote the purpose

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

  4  and repeal of the several legislative enactments of the

  5  district.

  6         Section 5.  Chapters 76-413, 81-414, 83-449, 83-454,

  7  87-447, 88-545 and 90-388, Laws of Florida, are repealed.

  8         Section 6.  In the event any section or provision of

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

10  determination shall not affect the validity of or

11  enforceability of each other section and provision of this

12  act.

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

14  provisions of this act with the provisions of any other act

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

16  conflict.

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

18  law.

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