House Bill 1783

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    Florida House of Representatives - 2000                HB 1783

        By Representative Bilirakis






  1                      A bill to be entitled

  2         An act relating to Pinellas County; creating

  3         the East Lake Tarpon Special Fire Control

  4         District; creating a charter; providing a short

  5         title; providing definitions; providing for the

  6         boundaries of the East Lake Tarpon Special Fire

  7         Control District; providing the intent and

  8         purposes of this act; providing for the

  9         election of a District Board of Commissioners;

10         providing for terms of office; providing for

11         officers and meetings of the Board; providing

12         for Commissioners' compensation and expenses;

13         requiring a bond; providing general and special

14         powers of the District; providing for the levy

15         of ad valorem taxes, non-ad valorem

16         assessments, user charges, and impact fees;

17         providing for referenda; providing for issuance

18         of bonds; providing for a 5-year plan;

19         providing for boundaries and merger of the

20         District boundaries; providing for annexation

21         of territory by municipalities; providing for

22         amendment of charter; providing for effect of

23         dissolution; providing for severability;

24         providing a referendum question; providing an

25         effective date.

26

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

28

29         Section 1.  The East Lake Tarpon Special Fire Control

30  District charter is created to read:

31

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  1         Section 1.  Short title.--This Act may be cited as the

  2  "East Lake Tarpon Special Fire Control District Act."

  3         Section 2.  Definitions.--Unless the context otherwise

  4  requires, capitalized terms used herein shall have the

  5  following meanings ascribed to them:

  6         (1)  "Board" means the Board of Commissioners of the

  7  East Lake Tarpon Special Fire Control District.

  8         (2)  "County" means Pinellas County, Florida.

  9         (3)  "Elector" means a person who is a resident of the

10  District and is qualified to vote in a general election in

11  Pinellas County.

12         (4)  "Emergency Medical Service" means basic and

13  advanced life support service, as defined in section 401.23,

14  Florida Statutes.

15         (5)  "Governor" means the Governor of the State of

16  Florida.

17         (6)  "Rescue Response Service" means an initial

18  response to an emergency or accident situation, including, but

19  not limited to, a plane crash, a trench or building collapse,

20  a swimming or boating accident, or a motor vehicle accident.

21         Section 3.  Formation; boundaries.--

22         (1)  For the purpose of providing fire prevention

23  services pursuant to chapter 191, Florida Statutes, and

24  subject to Sections 12 and 13 of this legislation, an

25  independent special district is hereby created and

26  incorporated to be known as the East Lake Tarpon Special Fire

27  Control District, hereinafter the "District," in  Pinellas

28  County, which special district shall be a public municipal

29  corporation, and shall embrace and include the territory

30  described as:

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    Florida House of Representatives - 2000                HB 1783

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  1         The East Lake Tarpon Fire Control District is described

  2  by the following:

  3

  4         Begin at the Northeast Corner of Section 1,

  5         Township 27 South, Range 16 East, Pinellas

  6         County, Florida run south along the

  7         Hillsborough/Pinellas County line to the South

  8         right-of-way line of the Florida Power

  9         Corporation; thence westerly along said South

10         right-of-way line of Florida Power Corporation

11         to the East line of Section 10, Township 28

12         South, Range 16 East; thence south along said

13         East line Section 10 to the Southeast Corner of

14         said Section 10, the same being the Northeast

15         Corner of Section 15, Township 28 South, Range

16         16 East; thence west along the North line of

17         said Section 15 to the North-South half section

18         line thereof; thence southerly along said

19         North-South half section line 937.90 ft.;

20         thence S 89°13'27"E, 1327.88 ft.; thence S

21         00°02'38"E to the centerline of State Road 584;

22         thence northwesterly along the centerline of

23         State Road 584 to the West line of said Section

24         15; thence north along the West line of said

25         Section 15 to the South boundary of the East

26         Lake Woodlands Cluster Homes-Unit Four-A

27         subdivision, as recorded in Plat Book 80, Page

28         002, public records of Pinellas County; thence

29         westerly and northwesterly along the

30         Southwesterly line of said subdivision to the

31         North line of the Southeast quarter of the

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  1         Northeast quarter of Section 16, Township 28

  2         South, Range 16 East; thence west along said

  3         North line to the centerline of State Road 584;

  4         thence northwesterly along the centerline of

  5         State Road 584 to the centerline of the Lake

  6         Tarpon Outfall Canal; thence northerly along

  7         the centerline of the Lake Tarpon Outfall Canal

  8         into Lake Tarpon to its North-South centerline;

  9         thence northerly along the North-South

10         centerline of Lake Tarpon to the city limit

11         line of the City of Tarpon Springs on the

12         northern shoreline of Lake Tarpon; thence along

13         the city limit line of Tarpon Springs around

14         its easterly point above Lake Tarpon and then

15         westerly to the North-South centerline of Salt

16         Lake; thence northerly along the North-South

17         centerline of Salt Lake to the centerline of

18         the Anclote River; thence northeasterly along

19         the centerline of the Anclote River to the

20         Pasco/Pinellas County Line; thence east along

21         the Pasco/Pinellas County Line to the Point Of

22         Beginning.

23

24         LESS any areas annexed into the corporate

25         municipal limits of Oldsmar or Tarpon Springs.

26

27         (2)  Any lands within a municipality included in the

28  boundaries of the District, as described herein, shall be

29  excluded from the District and its jurisdiction.  If any area,

30  tract, or parcel of land within the boundaries of the District

31  shall hereafter become annexed to a municipality, such area,

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  1  tract, or parcel of land shall be excluded from the District

  2  effective the next January 1 following such annexation by a

  3  municipality.

  4         (3)  Should any part of the territory covered in this

  5  Act be held not to be included herein, then this Act shall

  6  continue in effect as to the balance of the territory.

  7         Section 4.  Intent.--The purposes of this Act are to:

  8         (1)  Provide standards, direction, and procedures

  9  concerning the operation and governance of the special fire

10  control district known as the East Lake Tarpon Special Fire

11  Control District.

12         (2)  Provide greater uniformity between the East Lake

13  Tarpon Special Fire Control District and other independent

14  special fire control districts.

15         (3)  Provide greater uniformity in the financing

16  authority of the East Lake Tarpon Special Fire Control

17  District without hampering the efficiency and effectiveness of

18  current authorized and implemented methods and procedures of

19  raising revenues.

20         (4)  Improve communication and coordination between the

21  East Lake Tarpon Special Fire Control District and other local

22  governments with respect to short-range and long-range

23  planning to meet the demands for service delivery while

24  maintaining fiscal responsibility.

25         (5)  Provide uniform procedures for electing members of

26  the governing Board of the East Lake Tarpon Special Fire

27  Control District to ensure greater accountability to the

28  public.

29         Section 5.  Board of commissioners; officers; bond;

30  compensation.--

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  1         (1)  The business affairs of the District shall be

  2  conducted and administered by the Board of Commissioners of

  3  the East Lake Tarpon Special Fire Control District, which is

  4  established as a Board of five commissioners. Annually, within

  5  60 days after newly-elected members have taken office, the

  6  Board shall organize by electing from its members a chair, a

  7  vice-chair, a secretary, and a treasurer. The positions of

  8  secretary and treasurer may be held by one member. The office

  9  of each commissioner comprising the Board of Commissioners of

10  the East Lake Tarpon Special Fire Control District is hereby

11  designated as being a seat on the Commission, distinguished

12  from each of the other seats by a numeral: 1, 2, 3, 4, or 5.

13  The numerical seat designation does not designate a

14  geographical subdistrict of the District.

15         (2)  Each commissioner shall, upon assuming office,

16  take and subscribe to the oath of office prescribed by s.

17  5(b), Art. II of the State Constitution, and section 876.05,

18  Florida Statutes. Each commissioner, within 30 days of

19  assuming office, must give the Governor a good and sufficient

20  surety bond in the sum of $5,000, conditioned upon the

21  faithful performance of the commissioner's duties and upon the

22  accounting for all funds to come into his or her hands as

23  commissioner. All premiums for each surety on all such bonds

24  shall be paid from the funds of the District.

25         (3)  Members of the Board may each be paid a salary or

26  honorarium to be determined by at least a majority plus one

27  vote of the Board, which salary or honorarium may not exceed

28  $500 per month for each member. Special notice of any meeting

29  at which the Board will consider a salary change for a Board

30  member shall be published at least once, at least 14 days

31  prior to the meeting, in a newspaper of general circulation in

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  1  the County. Separate compensation for the Board member serving

  2  as treasurer may be authorized by like vote so long as total

  3  compensation for the Board member does not exceed $500 per

  4  month. Members may be reimbursed for travel and per diem

  5  expenses, as provided in section 112.061, Florida Statutes.

  6         (4)  Members of the Board shall comply with the

  7  financial disclosure, noticing, and reporting requirements of

  8  chapter 112, Florida Statutes, and any other applicable law or

  9  regulation.

10         Section 6.  Board of Commissioners; terms; election;

11  qualifications, certification of single candidate.--

12         (1)  Each of the five commissioners shall hold his or

13  her respective seat on the Board of Commissioners of the East

14  Lake Tarpon Special Fire Control District for a term of 4

15  years and, except as provided in subsection (8) of this

16  section, shall be elected by majority vote of the Electors of

17  the District voting at a general election.  In the first

18  election following the effective date of this Act, seats 1, 3,

19  and 5 shall be designated for 4-year terms, and seats 2 and 4

20  shall be designated for 2-year terms. All commissioners must

21  be qualified electors within the District and must reside

22  within the District.

23         (2)  Voting for commissioners shall be Districtwide and

24  nonpartisan.

25         (3)  If a vacancy occurs on the Board due to the

26  resignation, death, or removal of a commissioner, or the

27  failure of anyone to qualify for a Board seat, the remaining

28  members may appoint a qualified person to fill the seat until

29  the next general election, at which time an election shall be

30  held to fill the vacancy for the remaining term, if any. The

31  Board shall remove any member who has three consecutive,

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  1  unexcused absences from regularly scheduled meetings.  The

  2  Board shall adopt policies by resolution defining excused and

  3  unexcused absences.

  4         (4)  Each commissioner, whenever elected, shall assume

  5  office 10 days following the member's election, and shall

  6  serve until the commissioner's successor is elected.

  7         (5)  All candidates shall qualify with the County

  8  Supervisor of Elections.  All candidates may qualify by paying

  9  a filing fee of $25 or by obtaining the signatures of at least

10  25 registered Electors of the District on petition forms

11  provided by the Supervisor of Elections, which petitions shall

12  be submitted and checked in the same manner as petitions filed

13  by nonpartisan judicial candidates pursuant to section

14  105.035, Florida Statutes.

15         (6)  The names of all candidates qualifying for

16  election to a seat on the Board of Commissioners shall be

17  included in such a way as to clearly indicate the respective

18  seat for which each qualified candidate is running on the

19  ballot or voting machines provided for use in the District

20  along with the candidates for County office at each regular

21  County election.

22         (7)  Any expenses of holding elections for commission

23  seats at the regular County elections shall be paid for out of

24  the funds of the District if required by proper authority.

25         (8)  The Board shall keep a permanent recordbook

26  entitled "Record of Proceedings of East Lake Tarpon FCD," in

27  which the minutes of all meetings, resolutions, proceedings,

28  certificates, bonds given by commissioners, and corporate acts

29  shall be recorded. The recordbook shall be open to inspection

30  in the same manner as state, county, and municipal records are

31  open under chapter 119, Florida Statutes, and s. 24, Art. I of

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  1  the State Constitution.  The recordbook shall be kept at the

  2  office or other regular place of business maintained by the

  3  Board in the county or municipality in which the District is

  4  located.

  5         (9)  All meetings of the Board shall be open to the

  6  public, consistent with chapter 286, Florida Statutes, section

  7  189.417, Florida Statutes, and other applicable general laws.

  8         Section 7.  Powers.--

  9         (1)  The District shall have, and the Board may

10  exercise, all the powers and duties set forth in chapters 189

11  and 191, Florida Statutes, as they may be amended from time to

12  time.

13         (2)  The Board shall exercise the powers described

14  herein in a manner consistent with the policies and

15  regulations of the Pinellas County Fire Protection Authority,

16  which was created pursuant to chapter 73-600, Laws of Florida.

17         Section 8.  Taxes; non-ad valorem assessments; impact

18  fees; user charges; bond issuance.--

19         (1)  The District shall also hold all powers,

20  functions, and duties set forth in this Act and chapter 189,

21  chapter 191, and chapter 197, Florida Statutes, as amended

22  from time to time, including, but not limited to, ad valorem

23  taxation, bond issuance, other revenue-raising capabilities,

24  budget preparation and approval, liens and foreclosure of

25  liens, use of tax deeds and tax certificates as appropriate

26  for non-ad valorem assessments, and contractual agreements.

27  The District may be financed by any method established in this

28  act, or in chapter 189 or chapter 191, Florida Statutes, as

29  amended from time to time.

30         (2)  The methods for assessing and collecting non-ad

31  valorem assessments, fees, or service charges shall be as set

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  1  forth in chapters 170, chapter 189, chapter 191, or chapter

  2  197, Florida Statutes, as amended from time to time.

  3         Section 9.  Five-year plan.--The District shall adopt a

  4  5-year plan to identify the facilities, equipment, personnel,

  5  and revenue needed by the District during that 5-year period.

  6  The plan shall be updated in accordance with section 189.415,

  7  Florida Statutes, and shall satisfy the requirement for a

  8  public facilities report required by section 189.415(2),

  9  Florida Statutes.

10         Section 10.  Boundaries and mergers.--

11         (1)  The boundaries of the District may be modified,

12  extended, or enlarged upon approval or ratification by the

13  Legislature.

14         (2)  The merger of the District with all, or portions

15  of, other independent special districts or dependent fire

16  control districts is effective only upon ratification by the

17  Legislature. A District may not, solely by reason of a merger

18  with another governmental entity, increase ad valorem taxes on

19  property within the original limits of the District beyond the

20  maximum established by the District's enabling legislation,

21  unless approved by the electors of the District by referendum.

22         Section 11.  Annexation of territories by

23  municipalities.--For the purposes and requirements of this

24  Act, after the annexation by a municipality of any

25  unincorporated area within the East Lake Tarpon Special Fire

26  Control District, the annexed area shall be treated as lying

27  within the corporate boundaries of the annexing municipality,

28  and shall not be subject to a levy of the ad valorem tax which

29  is authorized by this Act.

30         Section 12.  Amendment of charter.--This charter may be

31  amended only by special act of the Legislature.

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  1         Section 13.  Effect of dissolution.--In accordance with

  2  section 189.405(2), Florida Statutes (1999), the dissolution

  3  of the District shall transfer the title to all property owned

  4  by the District to Pinellas County, which shall also assume

  5  all indebtedness of this District.

  6         Section 2.  Severability.--Should any provision of this

  7  Act be held to be unconstitutional, inoperative, or void, such

  8  holding or invalidity shall not affect the remaining portions

  9  of this Act.

10         Section 3.  Referendum.--At the special referendum

11  called pursuant to Section 4 of this Act, the ballot question

12  shall be substantially as follows:

13

14         Shall there be created an independent fire

15         control district covering the East Lake Tarpon

16         Special Fire Control District for the purpose

17         of providing fire prevention services to the

18         District?

19

20         Section 4.  This Act shall take effect only upon its

21  approval by a majority vote of those qualified electors of the

22  East Lake Tarpon Special Fire Control District described in

23  Section 3 of the East Lake Tarpon Fire Control District

24  charter voting in a referendum election to be called by the

25  Board of County Commissioners of Pinellas County and to be

26  held prior to November 30, 2000, in accordance with the

27  provisions of law relating to elections currently in force,

28  except that this section and section 3 of this legislation

29  shall take effect upon this Act becoming a law.

30

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