House Bill 1687e1

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                                      HB 1687, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to the Fort Myers Shores Fire

  3         Protection and Rescue Service District, Lee

  4         County; providing legislative intent; providing

  5         for codification of the special acts relating

  6         to the Fort Myers Shores Fire Protection and

  7         Rescue Service District pursuant to s. 191.015,

  8         F.S.; re-creating the district as an

  9         independent special district and fixing its

10         boundaries; providing for a governing board;

11         prescribing the powers and duties of the board;

12         authorizing the board to establish and maintain

13         emergency medical services and equipment;

14         authorizing the board to make policies, rules,

15         regulations, and a fire code; providing for

16         assessing and collecting taxes, assessments,

17         impact fees, and user charges; providing for

18         liberal construction; codifying, reenacting,

19         amending, and repealing chapters 76-409,

20         79-497, 81-414, 83-444, 83-454, 87-447, 88-538,

21         88-545, 89-498, and 90-390, Laws of Florida;

22         providing severability; providing for

23         precedence over conflicting law to the extent

24         of such conflict; providing an effective date.

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

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28         Section 1.  Pursuant to section 191.015, Florida

29  Statutes, this act constitutes the codification of all special

30  acts relating to the Fort Myers Shores Fire Protection and

31  Rescue Service District. It is the intent of the Legislature


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                                      HB 1687, First Engrossed/ntc



  1  to provide a single, comprehensive special act charter for the

  2  district which includes all current legislative authority

  3  granted to the district by general law and by its several

  4  legislative enactments, as said laws may be amended from time

  5  to time, and any additional authority granted by this act.

  6         Section 2.  Chapters 76-409, 79-497, 81-414, 83-444,

  7  83-454, 87-447, 88-538, 88-545, 89-498, and 90-390, Laws of

  8  Florida, are codified, reenacted, and amended as provided

  9  herein.

10         Section 3.  The Fort Myers Shores Fire Protection and

11  Rescue Service District is re-created, and the charter for

12  such district is re-created and reenacted to read:

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

15  and established the Fort Myers Shores Fire Protection and

16  Rescue Service District, an independent special district,

17  hereinafter referred to as the district, through the

18  codification and reenactment of the district's several

19  legislative enactments, which shall include the following

20  described lands:

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22         Begin at the point of intersection of the South

23         bank of the Caloosahatchee River and the West

24         bank of Orange River; thence Southerly and

25         Easterly along the West and North bank of

26         Orange River to the intersection of said Bank

27         of Orange River and the South line of Township

28         43 South, Range 26 East, thence Easterly along

29         said Township line to the Southeast corner of

30         Section 36, Township 43 South, Range 26 East;

31         thence Northerly along the range line between


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                                      HB 1687, First Engrossed/ntc



  1         Ranges 26 East and 27 East to the point of

  2         intersection of said Range line with the South

  3         bank of Hickeys Creek; thence Westerly and

  4         northerly along the Southerly and Westerly bank

  5         of Hickeys Creek to the point of intersection

  6         with the South bank of the Caloosahatchee

  7         River; thence Westerly along the South bank of

  8         the Caloosahatchee River to the Point of

  9         Beginning.

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

12  governed by a board which shall consist of five resident

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

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

15  be amended from time to time.

16         Section 3.  Officers; powers.--Within 60 days after the

17  election of members of the board, the members shall meet and

18  elect from the membership a chair, a vice chair, a secretary,

19  and a treasurer; provided, however, the same member may be

20  both secretary and treasurer.  The district shall have, and

21  the board may exercise, those general and special powers

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

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

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

25         Section 4.  Emergency medical and rescue response

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

27  maintain emergency medical and rescue response services and

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

29  emergency equipment as prescribed by general law and special

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

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                                      HB 1687, First Engrossed/ntc



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

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

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

  4  fires, fire control, and the provision of rescue services

  5  within the district.  Such policies, rules, regulations, and

  6  fire code shall be adopted in accordance with applicable

  7  general law and special law, as said laws may be amended from

  8  time to time.

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

10  fees; user charges.--The board shall fix and cause to be

11  levied on all property of the district a millage sufficient to

12  meet the requirements of the adopted budget; provided,

13  however, 2 mills is the maximum that can be levied in any one

14  year, except as provided in chapter 191, Florida Statutes,

15  chapter 97-340, Laws of Florida, or any other applicable

16  general law or special law, as said laws may be amended from

17  time to time.  In addition, the district shall have such

18  authority to levy non-ad valorem assessments and charge impact

19  fees and user charges as prescribed in chapter 191, Florida

20  Statutes, chapter 97-340, Laws of Florida, and any other

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

22  amended from time to time.

23         Section 7.  Assessment and collection of taxes,

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

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

26  shall be assessed and collected in the manner prescribed by

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

28  amended from time to time.

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

30  act and shall be liberally construed to promote the purpose

31  for which it is intended.


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                                      HB 1687, First Engrossed/ntc



  1         Section 5.  Chapters 76-409, 79-497, 81-414, 83-444,

  2  83-454, 87-447. 88-538, 88-545, 89-498 and 90-390, Laws of

  3  Florida, are repealed.

  4         Section 6.  If any section or provision of this act is

  5  determined to be invalid or unenforceable, such determination

  6  shall not affect the validity or enforceability of each other

  7  section and provision of this act.

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

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

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

11  conflict.

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

13  law.

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