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:
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29 Section 1. The East Lake Tarpon Special Fire Control
30 District charter is created to read:
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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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Florida House of Representatives - 2000 HB 1783
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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.
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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?
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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.
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