House Bill 1919er

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    2000 Legislature                      HB 1919, First Engrossed



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  2         An act relating to South Walton Fire District,

  3         Walton County; providing legislative intent;

  4         creating and describing the district;

  5         prescribing its powers; providing for a board

  6         of fire commissioners; providing for terms of

  7         office and for filling vacancies in office;

  8         providing for meetings, minutes of meetings,

  9         and public access; providing for financial

10         matters; authorizing ad valorem taxes;

11         authorizing the district to accept gifts and

12         donations; providing the district's fiscal

13         year; providing for collection of taxes;

14         providing limits and guidelines for

15         indebtedness of the district; prescribing

16         authorized uses of district funds; providing

17         penalties; ratifying actions previously taken;

18         providing for a referendum; providing effective

19         dates.

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

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23         Section 1.  This act constitutes the codification of

24  all ordinances relating to the South Walton Fire District.  It

25  is the intent of the Legislature in enacting this law to

26  provide a single, comprehensive special act charter for the

27  district, including all current legislative enactments and any

28  additional authority granted by this act.

29         Section 2.  District; establishment.--The South Walton

30  Fire District is created. The district shall include the

31  following territory:


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  2         Begin at the point of intersection of the east

  3         extremity line of the Walton County/Bay County

  4         Line and the mean high water line of the Gulf

  5         of Mexico. Thence run due north along the

  6         county line to its point of intersection with

  7         the mean high water line of the south bank of

  8         the Intracoastal Waterway. Thence run

  9         northwesterly along the mean high water line of

10         the south bank of the Intracoastal Waterway to

11         its point of intersection with Choctawhatchee

12         Bay. Thence run westerly along the mean high

13         water line of the south shore of Choctawhatchee

14         Bay to its point of intersection with the

15         Walton County/Okaloosa County Line. Thence run

16         due south along the county line to its point of

17         intersection with the Gulf of Mexico. Thence

18         run easterly along the mean high water line of

19         the Gulf of Mexico to the point of beginning.

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21  Any federal lands located within the described boundaries of

22  the district are excluded from the district.

23         Section 3.  District; powers.--The district is an

24  independent special fire control district under chapter 191,

25  Florida Statutes. The provisions of that chapter, specifically

26  including sections 191.006 and 191.008, Florida Statutes,

27  prescribing general and special powers, apply to the district,

28  but if any provision of that chapter conflicts with this act,

29  the provisions of this act control.

30         Section 4.  Board of fire commissioners.--The business

31  and affairs of the district shall be conducted and


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  1  administered by a board of seven commissioners. Two

  2  commissioners shall be elected from each precinct in the

  3  district, and one commissioner shall be elected at large. Each

  4  member of the board must, at the time of qualifying for, and

  5  during the term of, office, be an elector of Walton County, a

  6  resident of the district, and, if elected from a precinct, a

  7  resident of that precinct. The board shall elect from its

  8  number a chairman, vice chairman, and secretary-treasurer

  9  annually in October. Such officers shall have the duties

10  usually pertaining to like officers. Members of the board

11  shall receive no compensation for their service, but they are

12  entitled to reimbursement for expenses incurred in the conduct

13  of their official duties. Each member of the board, before

14  entering upon the duties of that office, shall execute to the

15  Governor for the benefit of the district a good and sufficient

16  bond in the sum of $1,000, conditioned to faithfully perform

17  the duties of that office and to account for all funds of the

18  district which come into his or her hands. The premium of the

19  bond shall be paid from funds of the district.

20         Section 5.  Fire commissioners; terms of office;

21  vacancies.--Each fire commissioner shall serve a term of 4

22  years and is eligible for reelection. Each member of the board

23  of fire commissioners serving on the effective date of this

24  act shall continue to hold office until the expiration of the

25  term to which he or she was elected. If an office becomes

26  vacant, the vacancy shall be filled by appointment by the

27  remaining members of the board for the unexpired portion of

28  the term. A person appointed to fill a vacancy must meet the

29  same qualifications as candidates for election.

30         Section 6.  Meetings; minutes.--A record shall be kept

31  of all meetings of the board. In any meeting, the concurrence


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  1  of a majority of the members of the board is necessary to any

  2  action by the board. Meetings of the board and minutes of

  3  meetings are open to the public at all times.

  4         Section 7.  Financial matters.--

  5         (1)  The board may levy an ad valorem tax on taxable

  6  property within the district of up to 1 mill. The ad valorem

  7  tax authorized by this subsection shall become a lien on the

  8  property so assessed until paid. If it becomes delinquent, it

  9  is subject to the same penalties, charges, and fees for

10  enforcement and collection as county ad valorem taxes and

11  shall be enforced and collected as provided by law. The

12  district's ad valorem tax shall be a first lien superior in

13  dignity to all other liens except liens for county ad valorem

14  taxes.

15         (2)  The board may accept gifts and donations and may

16  carry on community projects for fund-raising purposes.

17         (3)  The fiscal year of the district shall run from

18  October 1 until September 30 of the following year.

19         Section 8.  Taxes; collection.--The board of

20  commissioners shall notify the Walton County Property

21  Appraiser annually of taxes that the board has imposed on each

22  parcel of property within the district, and the Property

23  Appraiser shall include these taxes in the notice of proposed

24  property taxes and adopted non-ad valorem assessments for the

25  properties within the district.

26         Section 9.  Indebtedness.--

27         (1)  The board of fire commissioners may borrow money

28  for the purposes of the district. The total principal and

29  interest that may be outstanding may not exceed 50 percent of

30  the total assessment roll. The board may pledge collections on

31  such roll and may give tax anticipation notes, which shall be


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  1  the sole security for such loans. Neither the district nor any

  2  commissioner is personally liable for such a loan or any part

  3  thereof. If there is a pledge of collections on the district

  4  assessment roll, it is the duty of the board, upon collection

  5  of the roll so pledged, to apply the first proceeds thereof to

  6  the payment of principal and interest on the loan for which

  7  the assessment was pledged.

  8         (2)  Except as provided in subsection (1), the board

  9  may not create indebtedness or incur obligations for any sum

10  that it is unable to pay out of district funds then in its

11  possession.

12         Section 10.  Use of funds.--Funds of the district may

13  not be used for any purpose other than for the administration

14  of the affairs and business of the district; for the

15  construction, care, maintenance, upkeep, operations, and

16  purchase of standard firefighting equipment, which must meet

17  the requirements of the underwriters' association; for

18  construction and maintenance of fire stations, installation of

19  fire hydrants, payment of public utilities such as electricity

20  and water; for the salary of one or more firefighters; and for

21  such other expenses as the board determines to be in the best

22  interest of the district.

23         Section 11.  Penalty.--Any person who violates any

24  provision of this act or any rule adopted pursuant to this act

25  is guilty of a misdemeanor of the second degree, punishable as

26  provided in section 775.082 or section 775.083, Florida

27  Statutes.

28         Section 12.  All acts of the Board of Fire

29  Commissioners of the South Walton Fire District which were

30  taken before the effective date of this act are ratified and

31  confirmed.


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  1         Section 13.  This act, except for this section, which

  2  shall take effect upon becoming a law, shall take effect only

  3  if this act is ratified by the electors of the district voting

  4  in a referendum election that is called by the Board of Fire

  5  Commissioners of the South Walton Fire District and held

  6  within 2 years after the date this act becomes a law. The

  7  effective date of the act shall be the date on which the

  8  results of the referendum are certified. The expenses of the

  9  election shall be paid by the board from moneys of the

10  district.

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