House Bill 1699

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    Florida House of Representatives - 2000                HB 1699

        By Representative Wasserman Schultz






  1                      A bill to be entitled

  2         An act relating to Broward County; transferring

  3         fire protection functions within the Port

  4         Jurisdictional Area of Port Everglades

  5         Authority from Broward County government to the

  6         City of Hollywood; providing for the transfer

  7         of all functions, books, records, funds,

  8         moneys, properties, assets, powers and

  9         responsibilities, contracts, and employees as

10         to fire protection functions within the Port

11         Jurisdictional Area of Port Everglades

12         Authority to the City of Hollywood; providing

13         for extra territorial powers of the City of

14         Hollywood; providing for maintenance of

15         Emergency Medical Services within the Port

16         Jurisdictional Area; providing a ballot

17         question; providing for a referendum; providing

18         effective dates.

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

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22         Section 1.  Effective November 22, 2000, all powers,

23  duties, responsibilities, obligations, and functions for fire

24  protection within the Port Jurisdictional Area within what was

25  Port Everglades Authority as defined by chapter 89-427, Laws

26  of Florida, are transferred from the Charter government of

27  Broward County to the City of Hollywood, Florida.

28         Section 2.  Prior to November 22, 2000, the Charter

29  government of Broward County shall deliver all books and

30  records relating to fire protection functions as described in

31  section 1 to the City of Hollywood and pay over all County

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  1  funds and moneys relating to fire protection functions as

  2  described in section 1 to the City of Hollywood.

  3         Section 3.  Effective November 22, 2000, the City of

  4  Hollywood shall assume all liability of Broward County

  5  relating to fire protection functions as described in section

  6  1, both known and unknown.  All assets, including real,

  7  personal, and intangible properties belonging to Broward

  8  County, relating to fire protection functions as described in

  9  section 1 shall become assets and property of the City of

10  Hollywood.

11         Section 4.  Commencing on November 22, 2000, all

12  contracts, including all collective bargaining agreements, to

13  which the Charter government of Broward County is a party

14  relating to fire protection functions as described in section

15  1 shall remain in full force and effect for the period

16  provided in the contract, except that the City of Hollywood

17  shall be substituted for the Charter government of Broward

18  County.  The City of Hollywood shall be entitled to all

19  benefits and subject to all liabilities under such contracts

20  and have the same rights and liabilities to perform, require

21  performance, and modify or terminate such contracts as the

22  Charter government of Broward County.  If on the effective

23  date of transfer there is no collective bargaining agreement

24  in force between Broward County and the Port Everglades Fire

25  Fighters, the City of Hollywood shall honor all prior

26  provisions of the collective bargaining agreement which had

27  expired immediately prior to the transfer until a successor

28  agreement is in force pursuant to chapter 447, Florida

29  Statutes.

30         Section 5.  All employees performing fire protection

31  functions that were employed as of September 6, 1999, as

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    Florida House of Representatives - 2000                HB 1699

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  1  described in section 1 shall, effective November 22, 2000, be

  2  employees of the City of Hollywood, subject to all ordinances,

  3  rules, and regulations of the City of Hollywood, except as

  4  same conflict with any agreements as described in section 4.

  5         Section 6.  To the extent necessary to provide for the

  6  protection of persons and property within the Port

  7  Jurisdictional Area as described in section 1, the City of

  8  Hollywood shall have such extra territorial powers as

  9  necessary to perform all fire protection functions.  This

10  shall include, but not be limited to, the authority to

11  negotiate and enter into interlocal agreements, shared

12  services agreements, and automatic response agreements with

13  surrounding municipalities for fire services in the Port

14  Jurisdictional Area of Port Everglades Authority.

15         Section 7.  Broward County shall maintain Emergency

16  Medical Services within the Port Jurisdictional Area as

17  outlined in the interlocal agreement.

18         Section 8.  The item that shall appear on the ballot on

19  November 7, 2000, the date of the general election, shall be

20  as follows:

21         (Title)  Transfer of Port Everglades fire

22         protection function to the City of Hollywood.

23         (Issue)  All fire protection functions within

24         the Port Jurisdictional Area within Port

25         Everglades Authority shall be transferred from

26         Broward County to the City of Hollywood.

27

28         Yes                     No     

29         Section 9.  This act shall take effect only upon its

30  approval by a majority vote of those qualified electors of

31  Broward County voting in a referendum election to be called by

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    Florida House of Representatives - 2000                HB 1699

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  1  the Supervisor of Elections of Broward County on November 7,

  2  2000, the date of the general election, in accordance with the

  3  provisions of law relating to elections currently in force in

  4  Broward County, except that this section shall take effect

  5  upon becoming a law.  In this election, the procedures

  6  prescribed in sections 101.6101-101.6107, Florida Statutes,

  7  the Mail Ballot Election Act, may not be used.

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