House Bill 0791

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    Florida House of Representatives - 2000                 HB 791

        By Representative C. Green






  1                      A bill to be entitled

  2         An act relating to Iona-McGregor Fire

  3         Protection and Rescue Service District, Lee

  4         County; providing for codification of special

  5         laws relating to Iona-McGregor Fire Protection

  6         and Rescue Service District pursuant to s.

  7         191.015, F.S.; providing legislative intent;

  8         amending, codifying, and reenacting chapters

  9         75-421, 76-402, 77-593, 80-526, 80-527, 81-411,

10         82-317, and 83-448 and sections 1(1) and 2 of

11         chapter 88-545, Laws of Florida; providing

12         definitions; providing the status, purpose, and

13         boundaries of the district; providing for

14         charter amendments; providing for a governing

15         board; providing for compensation; requiring a

16         bond; providing powers and duties; providing

17         for financial disclosure and public meetings

18         and records; providing authority to levy ad

19         valorem taxes; providing for liens; providing

20         for deposit and use of district funds;

21         providing authority to borrow money; providing

22         authority to establish policies and regulations

23         and a Fire Prevention Code; providing for

24         dissolution procedures; establishing

25         requirements for actions against the district;

26         providing authority to exercise eminent domain;

27         providing construction and effect; repealing

28         all prior special acts of the Legislature

29         relating to the Iona-McGregor Fire Protection

30         and Rescue Service District; providing an

31         effective date.

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

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  3         Section 1.  Intent.--Pursuant to section 191.015,

  4  Florida Statutes, this act constitutes the codification of all

  5  special acts relating to Iona-McGregor Fire Protection and

  6  Rescue Service District. It is the intent of the Legislature

  7  to provide a single, comprehensive special act charter for the

  8  district, including all current legislative authority granted

  9  to the district by its several legislative enactments and any

10  additional authority granted by this act, chapter 97-340, Laws

11  of Florida, and chapters 189 and 191, Florida Statutes, as

12  they may be amended from time to time. It is further the

13  intent of this act to preserve all district authority,

14  including the authority to annually assess and levy against

15  the taxable property in the district a tax not to exceed 1.75

16  mills on the dollar of assessed valuation, except as provided

17  in chapter 97-340, Laws of Florida or chapter 191, Florida

18  Statutes, as they may be amended from time to time.

19         Section 2.  Codification.--Chapters 75-421, 76-402,

20  77-593, 80-526, 80-527, 81-411, 82-317, and 83-448, and

21  subsection (1) of section 1 and section 2 of chapter 88-545,

22  Laws of Florida, relating to Iona-McGregor Fire Protection and

23  Rescue Service District are amended, codified, reenacted, and

24  repealed as provided herein.

25         Section 3.  The Iona-McGregor Fire Protection and

26  Rescue Service District is re-created and the charter for such

27  district is re-created and reenacted to read:

28         Section 1.  Definitions.--As used in this act, unless

29  otherwise specified:

30         (1)  "District" means the Iona-McGregor Fire Protection

31  and Rescue Service District.

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  1         (2)  "Board" and "Board of Commissioners" means the

  2  Board of Commissioners of and for the district.

  3         (3)  "Commissioner" means a member of the Board of

  4  Commissioners of and for the district.

  5         (4)  "County" means Lee County.

  6         Section 2.  District creation; status; charter

  7  amendments; boundaries.--

  8         (1)  There is created an independent special taxing

  9  fire protection and rescue service district incorporating

10  lands in Lee County described in subsection (3) which shall be

11  a public corporation having the powers, duties, rights,

12  obligations, and immunities herein set forth, under the name

13  of the Iona-McGregor Fire Protection and Rescue Service

14  District. The district is organized and exists for all

15  purposes set forth in this act, chapter 97-340, Laws of

16  Florida, and chapters 189 and 191, Florida Statutes. To the

17  extent of any conflict between this act and chapter 97-340,

18  Laws of Florida, those provisions of chapter 97-340, Laws of

19  Florida, shall supersede this act.

20         (2)  The district was created by special act of the

21  Legislature in 1975. Its charter may be amended only by

22  special act of the Legislature.

23         (3)  The lands to be included within the district are

24  the following described lands in Lee County:

25

26         In Township 45 South, Range 24 East, the

27         unincorporated portions of Section 2 and 3, all

28         of Sections 9 and 10, the west half (1/2) of

29         the northwest quarter (1/4) and the west half

30         (1/2) of the southwest quarter (1/4) of Section

31         11, all of Sections 15 and 16, the east half

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  1         (1/2) of Section 17, all of sections 20, 21,

  2         22, 27, 28, 29, 30, 31, 32, 33, 34, and in

  3         Township 46 South, Range 24 East, that portion

  4         of Section 2 lying west of the waters of Hendry

  5         Creek, all of sections 3, 4, 5, 6, the north

  6         half (1/2) of 7, all of sections 8, 9, 10,

  7         those portions of sections 11 and 14 lying west

  8         of the waters of Hendry Creek, all of sections

  9         15, 16, 17, 22, that portion of Section 23

10         lying west of the waters of Hendry Creek, and

11         in Township 45 South, Range 23 East, the south

12         half (1/2) of Section 25, the south half (1/2)

13         of Section 27, the southeast quarter (1/4) of

14         Section 28, all of sections 33, 34, 35, 36, and

15         in Township 46 South, Range 23 East, all of

16         Sections 1, 2, 3, 4, 9, 10, 11, and 12 less and

17         except the southeast quarter (1/4) thereof, the

18         west half (1/2) of 13, and the east half (1/2)

19         of 14 less and except that portion located

20         within the territorial limits, of the Fort

21         Myers Beach Fire Control District, and less and

22         except that portion of all the above described

23         lands located within the municipal boundaries

24         of the City of Fort Myers.

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26         (4)  Nothing herein shall deny the right of the chief

27  or other governing officials of the district to render such

28  services to communities adjacent to the land described in

29  subsection (3), or such other places as from time to time may

30  be deemed desirable.

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  1         Section 3.  Governing board elections; authority to

  2  employ personnel.--

  3         (1)  The business and affairs of the district shall be

  4  conducted and administered by a board of five commissioners

  5  who shall serve a term of 4 years each. The procedures for

  6  conducting district elections and for qualification of

  7  candidates and electors shall be pursuant to chapters 189 and

  8  191, Florida Statutes, and chapter 97-340, Laws of Florida, as

  9  they may be amended from time to time.

10         (2)  The board may employ such personnel as deemed

11  necessary for the proper function and operation of a fire

12  department and shall determine the compensation for such

13  personnel.

14         Section 4.  Governing board organization; bond; powers,

15  duties.--

16         (1)  In accordance with chapter 97-340, Laws of

17  Florida, each elected member of the board shall assume office

18  10 days following the member's election. Annually, within 60

19  days after the election of new members of said board, the

20  commissioners shall organize by electing from their number a

21  chair, a vice-chair, a secretary, and a treasurer.  However,

22  the same member may be both secretary and treasurer.

23         (2)  The commissioners shall receive compensation for

24  actual expenses incurred while performing the duties of their

25  offices in accordance with general law governing public

26  officials.

27         (3)  Each commissioner, upon taking office, shall

28  execute to the Governor for the benefit of the district a bond

29  as required by chapter 97-340, Laws of Florida, as it may be

30  amended from time to time, conditioned upon the faithful

31  performance of the duties of the commissioner's office. The

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  1  premium for such bonds shall be paid from the funds of the

  2  district.

  3         (4)  The district shall have and the board may exercise

  4  all the powers and duties set forth in this act, chapter

  5  97-340, Laws of Florida, and chapters 189 and 191, Florida

  6  Statutes, as they may be amended from time to time.

  7         (5)  The district shall also hold all powers,

  8  functions, and duties set forth in this act and chapters 189,

  9  191, and 197, Florida Statutes, and chapter 97-340, Laws of

10  Florida, as they may be amended from time to time, including,

11  but not limited to, ad valorem taxation, bond issuance, other

12  revenue-raising capabilities, budget preparation and approval,

13  liens and foreclosure of liens, use of tax deeds and tax

14  certificates as appropriate for non-ad valorem assessments,

15  and contractual agreements. The district may be financed by

16  any method established in this act, chapters 189 or 191,

17  Florida Statutes, or chapter 97-340, Laws of Florida, as they

18  may be amended from time to time.

19         (6)  The methods for assessing and collecting non-ad

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

21  forth in chapters 170, 189, 191, or 197, Florida Statutes, and

22  chapter 97-340, Laws of Florida, as they may be amended from

23  time to time.

24         (7)  The district's planning requirements shall be as

25  set forth in this act, chapters 189 and 191, Florida Statutes,

26  and chapter 97-340, Laws of Florida, as they may be amended

27  from time to time.

28         (8)  The district's geographic boundary limitations

29  shall be as set forth in this act.

30         (9)  Requirements for financial disclosure, meeting

31  notices, reporting, public records maintenance, and per diem

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  1  expenses for officers and employees shall be as set forth in

  2  chapters 112, 119, 189, 191, and 286, Florida Statutes, and

  3  chapter 97-340, Laws of Florida, as they may be amended from

  4  time to time.

  5         Section 5.  Ad valorem taxation.--

  6         (1)  The board shall have the right, power, and

  7  authority to levy a millage tax against the taxable property

  8  within the district to provide funds for the purposes of the

  9  district.

10         (2)  The tax rate shall be fixed by resolution of the

11  board, but in no event shall exceed 1.75 mills of assessed

12  valuation of the taxable property within the district, except

13  as provided by chapter 97-340, Laws of Florida, and chapter

14  191, Florida Statutes, as they may be amended from time to

15  time.

16         (3)  It is the legislative intent that this act will

17  authorize the Lee County Property Appraiser and the Lee County

18  Tax Collector to take all appropriate action to comply with

19  the intent and purpose of this act.

20         Section 6.  Procedures for levying ad valorem tax.--The

21  district shall levy and collect ad valorem taxes in accordance

22  with chapter 200, Florida Statutes, as it may be amended from

23  time to time.

24         Section 7.  Tax liens.--The taxes levied and assessed

25  by the district shall be a lien upon the land so assessed,

26  along with the county taxes assessed against such land, until

27  paid, and if the taxes become delinquent, such taxes shall be

28  considered a part of the county tax, subject to the same

29  penalties, charges, fees, and remedies for enforcement and

30  collection, and shall be enforced and collected as provided by

31  general law for the collection of such taxes.

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  1         Section 8.  Board procedures, policies, regulations.--

  2         (1)  A record shall be kept of all meetings of the

  3  board. In such meetings, concurrence of a majority of the

  4  commissioners shall be necessary to any affirmative action by

  5  the board.

  6         (2)  The board may adopt policies and regulations, not

  7  inconsistent with any portion of this act, chapters 189 or

  8  191, Florida Statutes, or chapter 97-340, Laws of Florida, as

  9  it may deem necessary for the transaction of its business and

10  in implementing and carrying out the provisions of this act.

11  The board shall have authority to provide all things necessary

12  for the prevention, extinguishment, and control of fires in

13  the district.

14         Section 9.  Fire Prevention Code.--The board shall have

15  the right and power to enact a Fire Prevention Code or

16  ordinance in addition to, but not in conflict with, governing

17  local or state building and fire codes.

18         Section 10.  Dissolution.--The district shall exist

19  until dissolved in accordance with chapters 189 and 191,

20  Florida Statutes, and chapter 97-340, Laws of Florida.

21         Section 11.  Actions against the district.--No suit,

22  action, or proceeding shall be instituted or maintained in any

23  court against the district or the commissioners, or any

24  commissioner thereof, for or upon any claim, right, or demand

25  of any kind or nature unless the person or persons making such

26  claim or demand or claiming such right shall have, within 30

27  days after the alleged accrual of such claim, right, or

28  demand, given to the commissioners, or one of them, a notice

29  in writing setting forth the nature of the right, claim, or

30  demand, the amount thereof, the place and manner in which such

31  claim or right accrued, together with the names and addresses

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  1  of all witnesses by whom such rights or demands are to be

  2  proved or established, all with sufficient detail to enable

  3  the district and the commissioners to fully investigate such

  4  claim, right, or demand; and no suit, action, or proceeding on

  5  any such claim, right, or demand shall be instituted within 3

  6  months after such notice shall have been given.

  7         Section 4.  Construction.--This act shall be construed

  8  as remedial and shall be liberally construed to promote the

  9  purpose for which it is intended.

10         Section 5.  Effect.--In the event that any part of this

11  act should be held void for any reason, such holding shall not

12  affect any other part thereof.

13         Section 6.  Repeal of prior special acts.--Chapters

14  75-421, 76-402, 77-593, 80-526, 80-527, 81-411, 82-317, and

15  83-448, and subsection (1) of section 1 and section 2 of

16  chapter 88-545, Laws of Florida, are repealed and replaced by

17  this act, chapter 97-340, Laws of Florida, and chapters 189

18  and 191, Florida Statutes, upon the effective date of this

19  act.

20         Section 7.  This act shall take effect upon becoming a

21  law.

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