House Bill 1687er
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2000 Legislature HB 1687, First Engrossed
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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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2000 Legislature HB 1687, First Engrossed
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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2000 Legislature HB 1687, First Engrossed
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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2000 Legislature HB 1687, First Engrossed
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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2000 Legislature HB 1687, First Engrossed
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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