Senate Bill sb2688
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Florida Senate - 2000 (NP) SB 2688
By Senator Saunders
25-1796-00 See HB 875
1 A bill to be entitled
2 An act relating to Lee County; providing for
3 codification of special laws regarding
4 independent special fire control districts
5 pursuant to chapter 97-256, Laws of Florida,
6 relating to the Matlacha/Pine Island Fire
7 Control District, an independent special taxing
8 fire protection and rescue district in Lee
9 County; providing legislative intent;
10 codifying, reenacting, and amending chapters
11 61-2409, 63-1558, 65-1827, 76-401, 79-501,
12 80-522, 83-451, 85-446, 89-511, and 95-464,
13 Laws of Florida; providing status, purpose, and
14 boundaries of the district; providing for
15 amendment of the district charter; providing
16 for a district governing board; specifying
17 procedures for conducting district elections
18 and qualifications of candidates and electors;
19 providing for organization of the governing
20 board; providing powers and duties of the
21 governing board; specifying methods for
22 assessing and collecting non-ad valorem
23 assessments, fees, and service charges;
24 providing for district planning requirements;
25 specifying requirements for financial
26 disclosure, meeting notices, reporting, public
27 records maintenance, and per diem expenses;
28 authorizing the board to make policies and
29 regulations; setting the millage rate for the
30 levy of ad valorem taxes by the district;
31 providing for posting of surety bond;
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Florida Senate - 2000 (NP) SB 2688
25-1796-00 See HB 875
1 authorizing the provision of emergency
2 ambulance service; authorizing the board to
3 adopt an ambulance fee or service charge;
4 providing for dissolution of the district;
5 providing for construction of the act;
6 providing severability; repealing chapters
7 61-2409, 63-1558, 65-1827, 76-401, 79-501,
8 80-522, 83-451, 85-446, 89-511, and 95-464,
9 Laws of Florida; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Intent.--Pursuant to chapter 97-256, Laws
14 of Florida, this act constitutes the codification of all
15 special acts relating to the Matlacha/Pine Island Fire Control
16 District. It is the intent of the Legislature in enacting
17 this law to provide a single, comprehensive special act
18 charter for the district, including all current legislative
19 authority granted to the district by its several legislative
20 enactments and any additional authority granted by this act
21 and chapters 189 and 191, Florida Statutes, as amended from
22 time to time. It is further the intent of this act to
23 preserve all district authority, including the authority to
24 annually assess and levy against the taxable property in the
25 district a tax not to exceed 2 mills on the dollar of assessed
26 valuation, except as provided in chapter 97-340, Laws of
27 Florida or chapter 191, Florida Statutes, as they may be
28 amended from time to time.
29 Section 2. Codification.--Chapters 61-2409, 63-1558,
30 65-1827, 76-401, 79-501, 80-522, 83-451, 85-446, 89-511, and
31 95-464, Laws of Florida, relating to the Matlacha/Pine Island
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Florida Senate - 2000 (NP) SB 2688
25-1796-00 See HB 875
1 Fire Control District, are codified, reenacted, amended, and
2 repealed as provided herein.
3 Section 3. The Matlacha/Pine Island Fire Control
4 District is re-created and the charter for said district is
5 re-created and reenacted to read:
6 Section 1. District status; charter amendments;
7 boundaries.--
8 (1) The Matlacha/Pine Island Fire Control District
9 shall exist as an independent special taxing fire protection
10 and rescue district incorporating lands in Lee County as
11 described in subsection (3). The District is organized and
12 exists for all purposes set forth in this act, chapter 97-340,
13 Laws of Florida, and chapters 189 and 191, Florida Statutes.
14 To the extent of any conflict between this act and chapter
15 97-340, Laws of Florida, the provisions of chapter 97-340
16 shall supersede this act.
17 (2) The District was created by special act of the
18 Legislature in 1963. Its charter may be amended only by
19 special act of the Legislature.
20 (3) The following described area is known as the
21 Matlacha/Pine Island Fire Control District, hereafter called
22 the District:
23 Fractional Section 25 except Government Lot 3,
24 Government Lot 1 of Section 26, Government Lot
25 3 of Section 35, and fractional Section 36 in
26 Township 43 South, Range 21 East. Fractional
27 Section 29 except Government Lot 1, fractional
28 Section 30 except Government Lot 1, Government
29 Lot 2 of Section 33, fractional Section 32 and
30 Section 31 in Township 43 South, Range 22 East.
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Florida Senate - 2000 (NP) SB 2688
25-1796-00 See HB 875
1 That part of Township 44 South, Range 21 East
2 on Pine Island. All that part of Township 44
3 South, Range 22 East lying on Pine Island and
4 Little Pine Island, Government Lot 4 of Section
5 32 of said Township and Range, all surveyed and
6 unsurveyed parts of Section 24 and said
7 Township and Range lying between Little Pine
8 Island and the Mainland except Government Lot
9 2, all that part of said Section 24 lying on
10 the Mainland, and fractional Section 13 of said
11 Township and Range. Sections 16, 17, 18, 19,
12 20 and 21, and the North West quarter of
13 Section 29 of Township 44 South, Range 23 East.
14 That part of Township 45 South, Range 22 East
15 lying on Pine Island and Little Pine Island.
16 That part of Township 46 South, Range 22 East
17 lying on Pine Island.
18 That part of Section 6, Township 46 South,
19 Range 23 East lying on Pine Island;
20 All land within the perimeter boundaries of
21 Galt Island Subdivision, as described in Plat
22 Book 51, Pages 33-36, located on Galt Island In
23 Pine Island Sound, in Lee County.
24 LESS AND EXCEPT THE FOLLOWING DESCRIBED LANDS:
25 SECTION 16, TOWNSHIP 44 SOUTH, RANGE 23 EAST:
26 All of Section 16, Township 44 South, Range 23
27 East, EXCEPTING THEREOF;
28 The west half of the east half of the west half
29 of the southeast quarter of the southwest
30 quarter (W 1/2 E 1/2 W 1/2 SE 1/4 SW 1/4) of
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Florida Senate - 2000 (NP) SB 2688
25-1796-00 See HB 875
1 said Section 16, as described in Parcel 51, Lee
2 County Case No. 71-1137;
3 SECTION 17, TOWNSHIP 44 SOUTH, RANGE 23 EAST:
4 All of Section 17, Township 44 South, Range 23
5 East; EXCEPTING THEREOF;
6 The east half of the east half of the east half
7 of the southeast quarter of the southeast
8 quarter (E 1/2 E 1/2 E 1/2 SE 1/4 SE 1/4) of
9 Lot 1, T.M. Stevens unrecorded tracts according
10 to a plat on file with the Tax Assessor of Lee
11 County, Florida, in Section 17, Township 44
12 South, Range 23 East, as described in Parcel
13 110, Lee County Case No. 71-1137;
14 The east half of the west half of the west half
15 of the southeast quarter of the southwest
16 quarter (E 1/2 W 1/2 W 1/2 SE 1/4 SW 1/4), and
17 the west half of the west half of the west half
18 of the southeast quarter of the southwest
19 quarter (W 1/2 W 1/2 W 1/2 SE 1/4 SW 1/4) of
20 said Section 17, Township 44 South, Range 23
21 East, as parcels of Greater Pine Island Water
22 Company;
23 SECTION 18, TOWNSHIP 44 SOUTH, RANGE 23 EAST:
24 All of that part of Unit 58, Plat Book 23,
25 Pages 128 through 147, Cape Coral lying in
26 Section 18, Township 44 South, Range 23 East,
27 and all of that part of Unit 59, Plat Book 19,
28 Pages 140 through 153, Cape Coral, also lying
29 in Section 18, Township 44 South, Range 23
30 East;
31 SECTION 19, TOWNSHIP 44 SOUTH, RANGE 23 EAST:
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Florida Senate - 2000 (NP) SB 2688
25-1796-00 See HB 875
1 The west half of the east half of the northeast
2 quarter of the northeast quarter (W 1/2 E 1/2
3 NE 1/4 NE 1/4) of Section 19, Township 44
4 South, Range 23 East, as described in Ordinance
5 1-88;
6 Lot 18 of Tract 2, of a recorded map, being the
7 west half of the east half of the east half of
8 the northeast quarter of the northeast quarter
9 (W 1/2 E 1/2 E 1/2 NE 1/4 NE 1/4) of Section
10 19, Township 44 South, Range 23 East, as
11 described in Ordinance 72-88;
12 SECTION 20, TOWNSHIP 44 SOUTH, RANGE 23 EAST:
13 The east half of the east half of the west half
14 of the northwest quarter of the northwest
15 quarter (E 1/2 E 1/2 W 1/2 NW 1/4 NW 1/4) of
16 Section 20, Township 44 South, Range 23 East,
17 as described in Ordinance 73-88;
18 The south half of the northwest quarter of the
19 southeast quarter (S 1/2 NW 1/4 SE 1/4) of
20 Section 20, Township 44 South, Range 23 East,
21 less and except the westerly 30 feet thereof,
22 as described in Parcel 1 of Ordinance 51-88;
23 The north half of the northwest quarter of the
24 southeast quarter (N 1/2 NW 1/4 SE 1/4) of
25 Section 20, Township 44 South, Range 23 East,
26 as described in Parcel 2, Ordinance 51-88;
27 The south half of the southeast quarter (S 1/2
28 SE 1/4) of Section 20, Township 44 South, Range
29 23 East, as described in Parcel 3, Ordinance
30 51-88;
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Florida Senate - 2000 (NP) SB 2688
25-1796-00 See HB 875
1 The north half of the northeast quarter (N 1/2
2 NE 1/4) less the easterly 880 feet in Section
3 20, Township 44 South, Range 23 East, together
4 with the west half of the south half of the
5 northeast quarter (W 1/2 S 1/2 NE 1/4) of
6 Section 20, Township 44 South, Range 23 East,
7 as described in Parcel 4, Ordinance 51-88;
8 SECTION 21, TOWNSHIP 44 SOUTH, RANGE 23 EAST:
9 The east half (E 1/2) of Section 21, Township
10 44 South, Range 23 East;
11 The east half of the northeast quarter of the
12 northwest quarter (E 1/2 NE 1/4 NW 1/4) of said
13 Section 21;
14 The southeast quarter of the northwest quarter
15 (SE 1/4 NW 1/4) of said Section 21;
16 The east half of the southwest quarter (E 1/2
17 SW 1/4) of said Section 21;
18 The west half of the southwest quarter (W 1/2
19 SW 1/4) of said Section 21, less the south 990
20 feet thereof, and less the north half of the
21 northeast quarter of the northwest quarter of
22 the southwest quarter (N 1/2 NE 1/4 NW 1/4 SW
23 1/4), and less the north half of the northwest
24 quarter of the northwest quarter of the
25 southwest quarter (N 1/2 NW 1/4 NW 1/4 SW 1/4)
26 of said Section 21, as described in Parcel "A"
27 of Ordinance 8-86;
28 The southerly 990 feet of the west half of the
29 southwest quarter of Section 21, Township 44
30 South, Range 23 East, as described in Parcel
31 "B" or Ordinance 8-86;
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Florida Senate - 2000 (NP) SB 2688
25-1796-00 See HB 875
1 SECTION 13, TOWNSHIP 44 SOUTH, RANGE 22 EAST:
2 All of fractional Section 13, Township 44
3 South, Range 22 East, EXCEPTING THEREOF;
4 That area lying southerly of the City of Cape
5 Coral Territorial Limit, more specifically
6 Matlacha Shores Subdivision - Plat Book 10,
7 Page 29, Matlacha Shores First Addition - Plat
8 Book 10, Page 42, and Matlacha Isles - Plat
9 book 16, Page 133, together with the unplatted
10 area lying southerly of the above referenced
11 subdivisions.
12 All lying in Lee County, Florida.
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14 Section 2. Governing board creation.--There is created
15 a board known as the Matlacha/Pine Island Fire Control Board
16 and hereafter referred to as the board. The board shall be
17 composed of five (5) members and shall conduct and administer
18 the business and affairs of the District. The procedures for
19 conducting District elections and for qualification of
20 candidates and electors shall be pursuant to chapters 189 and
21 191, Florida Statutes, and chapter 97-340, Laws of Florida, as
22 they may be amended from time to time.
23 Section 3. Governing board organization; powers and
24 duties.--
25 (1) In accordance with chapter 97-340, Laws of
26 Florida, each elected member of the board shall assume office
27 10 days following the member's election. Annually, within 60
28 days after the election of new members of the board, the
29 members shall meet and elect from the membership a chair, a
30 vice-chair, a secretary and a treasurer, provided, however,
31 the same member may be both secretary and treasurer.
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Florida Senate - 2000 (NP) SB 2688
25-1796-00 See HB 875
1 (2) The District shall have and the board may exercise
2 all the powers and duties set forth in this act, chapter
3 97-340, Laws of Florida, and chapters 189 and 191, Florida
4 Statutes, as they may be amended from time to time.
5 (3) The District shall also hold all powers,
6 functions, and duties set forth in this act and chapters 189,
7 191, and 197, Florida Statutes, and chapter 97-340, Laws of
8 Florida, as amended from time to time, including, but not
9 limited to, ad valorem taxation, bond issuance, other
10 revenue-raising capabilities, budget preparation and approval,
11 liens and foreclosure of liens, use of tax deeds and tax
12 certificates as appropriate for non-ad valorem assessments,
13 and contractual agreements. The District may be financed by
14 any method established in this act, chapter 189 Florida
15 Statutes, or chapter 191, Florida Statutes, or chapter 97-340,
16 Laws of Florida, as amended from time to time.
17 (4) The methods for assessing and collecting non-ad
18 valorem assessments, fees, or service charges shall be as set
19 forth in chapter 170, Florida Statutes, chapter 189, Florida
20 Statutes, chapter 191, Florida Statutes, or chapter 197,
21 Florida Statutes, and chapter 97-340, Laws of Florida, as
22 amended from time to time.
23 (5) The District's planning requirements shall be as
24 set forth in this act, chapters 189 and 191, Florida Statutes
25 and chapter 97-340, Laws of Florida, as amended from time to
26 time.
27 (6) The District's geographic boundary limitations
28 shall be as set forth in this act.
29 (7) Requirements for financial disclosure, meeting
30 notices, reporting, public records maintenance, and per diem
31 expenses for officers and employees shall be as set forth in
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Florida Senate - 2000 (NP) SB 2688
25-1796-00 See HB 875
1 chapters 112, 119, 189, 191, and 286, Florida Statutes, and
2 chapter 97-340, Laws of Florida, as they may be amended from
3 time to time.
4 Section 4. Policies and regulations.--The board is
5 authorized to make policies and regulations for the prevention
6 of fires and for fire control within the District. Said
7 policies and regulations, after being made by the board, shall
8 have the force and effect as law.
9 Section 5. Millage rate.--The District may annually
10 levy an ad valorem tax of up to two (2) mills on the taxable
11 property in the district, except as provided by chapter
12 97-340, Laws of Florida, or chapter 191, Florida Statutes, as
13 amended from time to time. The board shall levy and collect
14 such ad valorem taxes in accordance with chapter 200, Florida
15 Statutes.
16 Section 6. Payments made by treasurer.--All warrants
17 for the payment of labor, equipment, and other expenses of the
18 board, and in carrying into effect this act and the purpose
19 thereof, shall be payable by the treasurer of the board on
20 accounts and vouchers approved by the board.
21 Section 7. Posting of bond.--Each board member, upon
22 taking office, shall execute to the Governor for the benefit
23 of the district a bond as required by chapter 97-340, Laws of
24 Florida, as it may be amended from time to time; premiums on
25 said bond to be paid out of district funds.
26 Section 8. Provision of emergency ambulance
27 service.--The Fire Control Board of the District shall have
28 the right, power, and authority to buy, own, operate, and
29 maintain an emergency ambulance service within the District,
30 and shall have the right, power, and authority to levy non-ad
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Florida Senate - 2000 (NP) SB 2688
25-1796-00 See HB 875
1 valorem assessments upon certain properties located within the
2 district pursuant to applicable general law.
3 Section 9. Ambulance service fees.--The Fire Control
4 Board shall have the right, power, and authority to adopt a
5 fee or service charge for ambulance service paid by the user,
6 in accordance with this act, chapter 97-340, Laws of Florida
7 or chapter 191, Florida Statutes. The fee, charge, or rate
8 therefor may be fixed by a resolution of the Fire Control
9 Board at a regular meeting of said Board, or in the same
10 manner, the rate or charge may be changed or abolished.
11 Section 10. Dissolution.--The District may be
12 dissolved pursuant to the terms of Chapter 97-340, Laws of
13 Florida and chapters 189 and 191, Florida Statutes, as they
14 may be amended from time to time.
15 Section 4. Chapters 61-2409, 63-1558, 65-1827, 76-401,
16 79-501, 80-522, 83-451, 85-446, 89-511, and 95-464, Laws of
17 Florida, are repealed.
18 Section 5. In the event any section or provision of
19 this act is determined to be invalid or unenforceable, such
20 determination shall not affect the validity of or
21 enforceability of each other section and provision of this
22 act.
23 Section 6. Construction.--This act shall be construed
24 as remedial and shall be liberally construed to promote the
25 purpose for which it is intended.
26 Section 7. This act shall take effect upon becoming a
27 law.
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