House Bill 0793

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    Florida House of Representatives - 2000                 HB 793

        By Representative C. Green






  1                      A bill to be entitled

  2         An act relating to the North Fort Myers Fire

  3         Control and Rescue Service District, Lee

  4         County; providing for codification of special

  5         laws relating to the North Fort Myers Fire

  6         Control and Rescue Service District pursuant to

  7         section 191.015, F.S.; providing legislative

  8         intent; creating and establishing a fire

  9         control and rescue service district in said

10         county and fixing the boundaries of the

11         district; providing for a governing board;

12         prescribing the powers and duties of the board;

13         providing for minimum charter requirements in

14         accordance with chapter 189, F.S.; providing

15         for assessment of taxes; providing for liberal

16         construction; providing for severability;

17         amending, codifying, reenacting, and repealing

18         chapter 29240, Laws of Florida, 1953, chapter

19         30925, Laws of Florida, 1955, and chapters

20         61-2396, 63-1540, 71-732, 71-745, 72-601,

21         76-400, 77-591, 78-550, 85-443, 86-384, Laws of

22         Florida, ss. 3, 4, and 5 of chapter 87-447, and

23         chapters 89-523 and 91-390, Laws of Florida,

24         relating to the North Fort Myers Fire Control

25         District and the North Fort Myers Fire Control

26         and Rescue Service District; providing an

27         effective date.

28

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

30

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  1         Section 1.  Pursuant to section 191.015, Florida

  2  Statutes, this act constitutes the codification of all special

  3  acts relating to the North Fort Myers Fire Control and Rescue

  4  Service District.  It is the intent of the Legislature to

  5  provide a single, comprehensive special act charter for the

  6  district including all current legislative authority granted

  7  to the district by its several legislative enactments and any

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

  9  of Florida, or chapter 189 or chapter 191, Florida Statutes,

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

11  intent of this act to preserve all district authority,

12  including the authority to annually assess and levy against

13  the taxable property in the district a tax not to exceed 2

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

15  in chapter 97-340, Laws of Florida, chapter 189, or chapter

16  191, Florida Statutes, or any other applicable general or

17  special law.

18         Section 2.  Chapter 29240, Laws of Florida, 1953,

19  chapter 30925, Laws of Florida, 1955, and chapters 61-2396,

20  63-1540, 71-732, 71-745, 72-601, 76-400, 77-591, 78-550,

21  85-443, and 86-384, sections 3, 4, and 5 of chapter 87-447,

22  and chapters 89-523 and 91-390, Laws of Florida, relating to

23  the North Fort Myers Fire Control and Rescue Service District,

24  are amended, codified, reenacted, and repealed as provided

25  herein.

26         Section 3.  The North Fort Myers Fire Control and

27  Rescue Service District, an independent special district, is

28  organized and exists for all purposes set forth in this act,

29  chapter 97-340, Laws of Florida, and chapters 189 and 191,

30  Florida Statutes. To the extent of any conflict between this

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  1  act and chapter 97-340, Laws of Florida, those provisions of

  2  chapter 97-340, Laws of Florida, shall supersede this act.

  3         Section 4.  The North Fort Myers Fire Control and

  4  Rescue Service District was created by special act of the

  5  Legislature in 1955.  The district's charter may be amended

  6  only by special act of the Legislature.

  7         Section 5.  The North Fort Myers Fire Control and

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

  9  district is re-created and reenacted to read:

10         Section 1.  Boundaries of the district.--The following

11  described area shall be known as the North Fort Myers Fire

12  Control and Rescue Service District, hereinafter called the

13  district:

14

15         Beginning at a point on the north bank of the

16         Caloosahatchee River where the line between

17         ranges 23 and 24 east in township 45 south

18         intersects said bank, run north along said

19         range line between ranges 23 and 24 east to the

20         northeast corner of section 25, township 44

21         south, range 23 east; thence run west along the

22         north line of said section 25 and the north

23         line of sections 26 and 27 of township 44

24         south, range 23 east to the northwest corner of

25         said section 27; thence run north along the

26         west line of sections 22 and 15 to the

27         northwest corner of section 15; thence run east

28         along the north line of section 15 to the

29         northeast corner thereof; thence run north

30         along the west line of section 11 to the

31         northwest corner thereof; thence run east along

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  1         the north line of said section 11 to the

  2         northeast corner thereof; thence run north

  3         along the west line of section 1 to the

  4         northwest corner thereof on the north line of

  5         said township 44 south, range 23 east; thence

  6         run east along the line between townships 43

  7         and 44 south to the southwest corner of section

  8         32, township 43 south, range 24 east; thence

  9         run north along the west line of sections 32,

10         29, 20, 17, 8, and 5 of township 43 south,

11         range 24 east to a point on the north line of

12         said township and the line between Lee and

13         Charlotte counties; thence run east along said

14         township and county line to the range line

15         between ranges 24 and 25 east; thence run south

16         along said range line to the northwest corner

17         of section 7, township 43 south, range 25 east;

18         thence run east along the north line of said

19         section 7 to the northeast corner thereof;

20         thence run south along the east line of

21         sections 7 and 18 to the southeast corner of

22         section 18; thence run east along the north

23         line of section 20 to the northeast corner

24         thereof; thence run south along the east line

25         of sections 20, 29, and 32 in said township 43

26         south, range 25 east to the waters of the

27         Caloosahatchee River; thence run southwesterly

28         along said waters to the point of beginning.

29         LESS THE FOLLOWING DESCRIBED LANDS:

30         All of sections 1, 11, 12, 14, 15, 22, and 23

31         of township 44 south, range 23 east and

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  1         sections 5, 6, and 7 of township 44 south,

  2         range 24 east and all except the east 1,080

  3         feet of the north quarter of section 8,

  4         township 44 south, range 24 east.

  5         All of sections 17, 20, 21, and 32 of township

  6         43 south, range 24 east.

  7         Section 29 of township 43 south, range 24 east,

  8         excepting thereof the east half of the

  9         southeast quarter of the northeast quarter.

10         That part of Section 22 of township 43 south,

11         range 24 east platted as Cape Coral Unit 86

12         according to Plat Book 24, Pages 144 through

13         161 of the Public Records of Lee County,

14         Florida.

15         Section 33 of township 43 south, range 24 east,

16         excepting thereof the following parcels:

17         That parcel conveyed to Lee County Electric

18         Cooperative, Inc., as described in Official

19         Records Book 322, at Page 678, of the Public

20         Records of Lee County, Florida;

21         The north 668 feet of the northeast quarter of

22         the northwest quarter lying west of the

23         westerly right-of-way line of Corbett Road;

24         The northeast quarter of the northwest quarter;

25         The west half of the northwest quarter of the

26         northeast quarter;

27         The north 50 feet of the southeast quarter of

28         the northwest quarter from the northeast corner

29         of said fraction running westerly 327 feet more

30         or less to the approximate centerline of Yellow

31         Fever Creek;

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  1         The north 50 feet of the west half of the

  2         southwest quarter of the northeast quarter;

  3         The east half of the west half of the northeast

  4         quarter;

  5         The east half of the northeast quarter;

  6         The south 400.64 feet of the southeast quarter

  7         of the northeast quarter of the southeast

  8         quarter;

  9         The south 400.64 feet of the east half of the

10         east half of the southwest quarter of the

11         northeast quarter of the southeast quarter;

12         The east half of the east half of the northwest

13         quarter of the southeast quarter of the

14         southeast quarter; and

15         The east half of the southeast quarter of the

16         southeast quarter;

17         That part of section 4, township 44 south,

18         range 24 east contained within the following

19         described parcels;

20         The west half of the northeast quarter of the

21         northwest quarter, and the north half of the

22         northwest quarter of the northwest quarter, and

23         the northwest quarter of the southeast quarter

24         of the northwest quarter lying northwesterly of

25         Pine Island Road, as described in Ordinance

26         33-87;

27         The south half of the northwest quarter of the

28         northwest quarter and that part of the east

29         half of the southwest quarter of the northwest

30         quarter lying northwesterly of the right-of-way

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  1         of Pine Island Road (State Road No. 78) as

  2         described in Ordinance 34-87;

  3         The west half of the southwest quarter of the

  4         northwest quarter lying northwesterly of Pine

  5         Island Road and subject to a 30-foot easement

  6         for power line along the westerly boundary, as

  7         described in Ordinance 35-87;

  8         A parcel of land located in the north half of

  9         the north half of said section 4, more

10         particularly described as follows: Beginning at

11         the point of intersection of the northerly line

12         of said section 4 and the easterly right-of-way

13         line of Corbett Road, said point being a point

14         on a curve concave to the west having for its

15         elements a central angle of 22°36'52" and

16         radius of 1,242.00 feet; thence southerly along

17         the arc of said easterly right-of-way line to

18         the point of tangency; thence continue along

19         said right-of-way S06°33'04"E 687.23 feet;

20         thence along said right-of-way S14°09'20"E

21         78.18 feet to an intersection with the

22         northerly right-of-way line of Pine Island Road

23         (State Road No. 78); thence N59°35'00"E

24         1,254.38 feet to a Florida Department of

25         Transportation right-of-way marker; thence

26         N30°25'00"W 17.00 feet to a Florida Department

27         of Transportation right-of-way marker; thence

28         N59°35'00"E 650.11 feet to an approximate point

29         on the westerly bank of a creek known as Yellow

30         Fever Creek; thence northwesterly along said

31         bank 128.1 feet more or less to a point 25.0

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  1         feet southerly of and on a line perpendicular

  2         to the northerly line of said section 4; thence

  3         N02°25'23"W along said line 25.00 feet to said

  4         northerly line of section 4; thence S87°34'37"W

  5         along said northerly line to the Point of

  6         Beginning, as described in Ordinance 38-88; and

  7         A parcel of land located in the west half of

  8         said section 4, more particularly described as

  9         follows:  Commencing from the southwesterly

10         corner of said section 4; thence N05°30'06"W

11         along the westerly line of said section 4 40.19

12         feet to the northerly right-of-way line of

13         State Road 78-A (Pondella Road), being the

14         Point of Beginning; thence continue N05°30'06"W

15         along said westerly line 2,674.71 feet to the

16         west quarter corner of said section 4; thence

17         N05°26'36"W along the westerly line of said

18         section 4 245.80 feet to the southerly

19         right-of-way line of State Road 78 (Pine Island

20         Road); thence N61°43'10"E along said southerly

21         right-of-way line 660.09 feet to the westerly

22         right-of-way line of Orchid Road (50 feet

23         wide); thence S05°19'13"E along said westerly

24         right-of-way line 558.42 feet; thence

25         S05°22'02"E 704.41 feet continuing along said

26         westerly right-of-way line of Orchid Road;

27         thence N89°83'58"E 708.79 feet; thence

28         S05°13'41"E 654.01 feet to a concrete monument;

29         thence N89°55'56"E 656.98 feet to a concrete

30         monument; thence S05°05'30"E 679.34 feet to a

31         concrete monument; thence S89°58'03"W 1,310.72

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  1         feet to a concrete monument; thence S05°22'02"E

  2         638.61 feet to a concrete monument on the

  3         northerly right-of-way line of State Road 78-A

  4         (Pondella Road); thence westerly 653.84 feet

  5         along said northerly right-of-way line to the

  6         Point of Beginning, as described in Ordinance

  7         42-86.

  8         That part of section 9, township 44 south,

  9         range 24 east described as the west half of the

10         west half of the northwest quarter, being also

11         that part of Unit 17, Plat Book 14, Pages 23

12         through 38, Cape Coral, lying in said section

13         9, township 44 south, range 24 east.

14         That part of section 21, township 44 south,

15         range 24 east lying south of a line 680 feet

16         north of and parallel with the section line

17         between sections 21 and 28, township 44 south,

18         range 24 east, from the intersection of said

19         line with the westerly limits of the City of

20         Fort Myers; thence running westerly along said

21         parallel line N89°59'47"W 2,229.62 feet to the

22         section line lying between sections 20 and 21,

23         township 44 south, range 24 east.

24         All lying in Lee County, Florida.

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26         Section 2.  Governing board.--The North Fort Myers Fire

27  Control and Rescue Service Board, hereinafter referred to as

28  the board, shall have five members.  Each member shall be a

29  qualified elector who resides within the district, shall be

30  elected on a nonpartisan basis by the qualified electors

31  residing in the district, and shall serve a term of 4 years.

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  1  Board members may receive compensation in accordance with

  2  chapter 97-340, Laws of Florida, and chapter 191, Florida

  3  Statutes, as they may be amended from time to time. The

  4  procedures for conducting district elections and for

  5  qualification of electors shall be pursuant to chapters 189

  6  and 191, Florida Statutes, and chapter 97-340, Laws of

  7  Florida, as they may be amended from time to time.

  8         Section 3.  Governing board organization; duties;

  9  powers.--

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

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

12  10 days following the member's election.  Annually, within 60

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

14  board shall meet and elect from the membership a chair, a vice

15  chair, a secretary, and a treasurer, provided, however, the

16  same member may be both secretary and treasurer.

17         (2)  The district shall have and the board may exercise

18  all the powers and duties set forth in this charter, chapter

19  97-340, Laws of Florida, and chapter 191, Florida Statutes, as

20  they may be amended from time to time.

21         (3)  The district shall also hold all powers,

22  functions, and duties set forth in chapters 189, 191, and 197,

23  Florida Statutes, and chapter 97-340, Laws of Florida, as they

24  may be amended from time to time, including, but not limited

25  to, ad valorem taxation, bond issuance, other revenue-raising

26  capabilities, budget preparation and approval, liens and

27  foreclosure of liens, use of tax deeds and tax certificates as

28  appropriate for non-ad valorem assessments, and contractual

29  agreements.  The district may be financed by any method

30  established in this charter, chapter 189 or chapter 191,

31  Florida Statutes, chapter 97-340, Laws of Florida, or any

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  1  other applicable general or special law, as they may be

  2  amended from time to time.

  3         (4)  The methods for assessing and collecting non-ad

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

  5  forth in chapter 170, chapter 189, chapter 191, or chapter

  6  197, Florida Statutes, and chapter 97-340, Laws of Florida, as

  7  they may be amended from time to time.

  8         (5)  The district's planning requirements shall be as

  9  set forth in this charter, chapters 189 and 191, Florida

10  Statutes, and chapter 97-340, Laws of Florida, as they may be

11  amended from time to time.

12         (6)  The district's geographic boundary limitations

13  shall be as set forth in this charter.

14         (7)  Requirements for financial disclosure, meeting

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

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

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

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

19  time to time.

20         (8)  The district may annually levy an ad valorem tax

21  of up to 2 mills on the taxable property within the district,

22  except as provided by chapter 97-340, Laws of Florida, or

23  chapter 191, Florida Statutes, as they may be amended from

24  time to time.

25         Section 4.  Policies and regulations.--The board is

26  hereby authorized and empowered to adopt policies and

27  regulations for the prevention of fires, fire control, and the

28  provision of rescue services within the district pursuant to

29  this charter, chapter 97-340, Laws of Florida, and chapter

30  191, Florida Statutes. Such policies and regulations after

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  1  being made by the board shall have the force and effect as

  2  law.

  3         Section 5.  Procedure for assessing taxes.--The taxes

  4  provided for in this charter shall be assessed and collected

  5  in accordance with chapter 200, Florida Statutes.

  6         Section 6.  Chapter 29240, Laws of Florida, 1953,

  7  chapter 30925, Laws of Florida, 1955, and chapters 61-2396,

  8  63-1540, 71-732, 71-745, 72-601, 76-400, 77-591, 78-550,

  9  85-443, 86-384, sections 3, 4, and 5 of chapter 87-447, and

10  chapters 89-523 and 91-390, Laws of Florida, are repealed.

11         Section 7.  This act shall be construed as remedial and

12  shall be liberally construed to promote the purpose for which

13  it is intended.

14         Section 8.  In the event any section or provision of

15  this act is determined to be invalid or unenforceable, such

16  determination shall not affect the validity of or

17  enforceability of each other section and provision of this

18  act.

19         Section 9.  In the event of a conflict of the

20  provisions of this act with the provisions of any other act

21  the provisions of this act shall control to the extent of such

22  conflict.

23         Section 10.  This act shall take effect upon becoming a

24  law.

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