House Bill 0795er

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  1

  2         An act relating to Palm Harbor Special Fire

  3         Control and Rescue District, a public municipal

  4         corporation of the state of Florida in Pinellas

  5         County; providing for the codification of

  6         special laws relating to Palm Harbor Special

  7         Fire Control and Rescue District pursuant to s.

  8         191.015, F.S.; providing legislative intent;

  9         amending, codifying, and reenacting ch. 82-369,

10         Laws of Florida; ch. 84-512, Laws of Florida;

11         ch. 84-513, Laws of Florida; ch. 86-441, Laws

12         of Florida; ch. 88-477, Laws of Florida; and

13         ch. 95-469, Laws of Florida, relating to Palm

14         Harbor Special Fire Control and Rescue

15         District; providing for repeal of prior special

16         acts related to Palm Harbor Special Fire

17         Control and Rescue District; providing for

18         creation and District boundaries; providing for

19         status and purpose; providing for the amendment

20         of the charter; providing for expansion of

21         boundaries; providing for the governing body;

22         providing power and duties; providing for the

23         election of the board of commissioners;

24         providing taxing authority for special

25         assessments; providing for ad valorem taxes;

26         providing for revenue and debts; providing for

27         district funds; providing for duties of the

28         board; providing for policies and regulations;

29         providing for public disclosure; providing for

30         dissolution and annexation of the district;

31         providing definitions; providing impact fees;


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  1         providing application; providing an effective

  2         date.

  3

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

  5

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

  7  Florida Statutes, this act constitutes the codification of all

  8  special acts relating to Palm Harbor Special Fire Control and

  9  Rescue District. It is the intent of the legislature in

10  enacting this law to provide a single, comprehensive special

11  act charter for the District including all current legislative

12  authority granted to the District by its several legislative

13  enactments and any additional authority granted by this act.

14  It is further the intent of this act to preserve all District

15  authority, including the authority to annually assess and levy

16  against the taxable property in the District a tax not to

17  exceed 2 mills on the dollar of assessed valuation, except as

18  provided in chapter 191, Florida Statutes, as it may be

19  amended from time to time.

20         Section 2.  Codification.--Chapters 82-369, 84-512,

21  84-513, 86-441,88-477, and 95-469, Laws of Florida, relating

22  to Palm Harbor Special Fire Control and Rescue District are

23  amended, codified, reenacted, and repealed as herein provided.

24         Section 3.  The Palm Harbor Fire Control and Rescue

25  District is re-created and the charter for such District is

26  re-created and reenacted to read:

27         Section 1.  Creation; boundaries.--All of the lands

28  hereinafter described shall be incorporated into a special

29  fire control District, which shall be a public municipal

30  corporation, having the powers and duties herein set forth,

31  under the name of "Palm Harbor Special Fire Control and Rescue


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  1  District," hereinafter referred to as the District. The lands

  2  so incorporated are described as follows:

  3

  4         Begin at the intersection of the centerline of

  5         the Intercoastal Waterway and the westerly

  6         extension of the centerline of Klosterman Road.

  7         Thence run East by the Centerline of Klosterman

  8         Road and the westerly extension thereof to the

  9         West 1/4 corner of Section 19, Township 27

10         South, Range 16 east; thence S. 0°14'32" E.

11         along the West line of said Section 19, 1333.85

12         feet to the Southwest corner of Lot 56, Tampa

13         and Tarpon Springs Land Company Sub. as

14         recorded in Plat Book H1 Page 116 of the

15         official records of Hillsborough County, of

16         which Pinellas County was formerly a part;

17         thence S. 87°48'12" E. along the South Line of

18         Lots 56 and 52 of said subdivision, 1740.84

19         feet; thence N. 0°33'31" W. along the Southerly

20         extension of the East line of Lot 51 of said

21         subdivision and the East Line of Lot 51,

22         1385.80 feet to the East and est. centerline of

23         said Section 19, said centerline also being the

24         centerline of Klosterman Road; thence run East

25         by the centerline of Klosterman Road and the

26         Easterly extension thereof to the center of

27         Lake Tarpon; thence southeasterly through the

28         waters of Lake Tarpon and the Lake Tarpon

29         Outfall Canal to the centerline of Curlew Rd.

30         (S.R. 586); thence West by the centerline of

31         Curlew Rd. (S.R. 586) to a point on the


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  1         North-South centerline of the Northwest 1/4 of

  2         Section 14, Township 28 South, Range 15 East;

  3         thence North by the North-South centerline of

  4         the Northwest 1/4 of said Section 14 to the

  5         North Section line of said Section 14; thence

  6         West on said section line and continuing West

  7         on the North Section line of Section 15,

  8         Township 28 South, Range 15 East to the

  9         centerline of the Intercoastal Waterway; thence

10         North on said centerline of the Intercoastal

11         Waterway to the Point of Beginning.

12

13         Section 2.  Status and purpose.--The Palm Harbor

14  Special Fire Control and Rescue District, an independent

15  special district, is organized and exists for all purposes set

16  forth in this act and chapter 191, Florida Statutes.

17         Section 3.  Creation; amendment of charter.--The

18  District was created by special act of the Legislature in

19  1961. Its charter may be amended only by special act of the

20  Legislature.

21         Section 4.  Expansion of boundaries.--The corporate

22  limits may be extended and enlarged from time to time pursuant

23  to the following procedure:

24         (1)(a)  A definitely described tract of land lying

25  contiguous to the boundaries of the District described in

26  section 1, or as the same may from time to time exist, or one

27  or more tracts of land lying contiguous to the boundaries, or

28  one or more tracts of land lying contiguous to each other with

29  one of the tracts lying contiguous to the boundaries of the

30  District, may be included in the District when a written

31  petition for inclusion signed by a majority of the owners of


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  1  the real property within the tract or tracts to be included in

  2  the District has been presented to the board of commissioners

  3  and the proposal has been approved by the affirmative vote of

  4  no fewer than three members of the board of commissioners at a

  5  regular meeting.

  6         (b)  The petition must contain the legal description of

  7  the property sought to be added to the District and the names

  8  and addresses of the owners of the property.

  9         (2)  If a proposal to add an area to the District as

10  defined in subsection (1) is approved by the affirmative vote

11  of no fewer than three members of the board of commissioners

12  at a regular meeting, the board of commissioners shall

13  thereafter adopt a resolution describing the lands to be

14  included within the District and shall cause such resolution

15  to be duly enrolled in the record of the meeting and a

16  certified copy of the resolution to be recorded in the Office

17  of the Clerk of the Circuit Court in Pinellas County.

18         (3)  Upon adoption of the resolution by the board, the

19  District shall, pursuant to chapter 191, Florida Statutes,

20  request its legislative delegation approve said addition and

21  sponsor legislation amending the District boundary. Upon

22  approval by the Legislature the boundary shall be amended.

23         Section 5.  Governing body.--

24         (1)  The business and affairs of the District shall be

25  conducted and administered by the Board of Commissioners of

26  the Palm Harbor Special Fire Control and Rescue District, to

27  be elected as provided in chapter 191, Florida Statutes, as it

28  may be amended from time to time.

29         (2)  Each commissioner, within 30 days after assuming

30  office, shall execute with a qualified corporate surety a good

31  and sufficient bond to be approved by the Clerk of the Circuit


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  1  Court of Pinellas County, in the sum of $5,000, payable to the

  2  Governor of the State of Florida for the benefit of the

  3  District, conditioned upon the commissioner's faithful

  4  performance of his or her duties, as provided in chapter 191,

  5  Florida Statutes, as it may be amended from time to time. All

  6  premiums for each surety on all such bonds shall be paid from

  7  the funds of the District.

  8         (3)  Effective upon the second Tuesday following the

  9  next regular county election at which a board of commissioners

10  is elected, each commissioner shall receive from the funds of

11  the District compensation for his or her services in the

12  amount of $200 per month. Authorization for any additional

13  compensation shall be pursuant to chapter 191, Florida

14  Statutes, as it may be amended from time to time.

15         Section 6.  Powers and duties.--

16         (1)  The District shall hold all general and special

17  powers, functions, and duties set forth in this act and in

18  chapters 189 and 191, Florida Statutes, as they may be amended

19  from time to time, including, but not limited to, ad valorem

20  taxation, bond issuance, other revenue-raising capabilities,

21  budget preparation and approval, liens and foreclosure of

22  liens, use of tax deeds and tax certificates as appropriate

23  for non-ad valorem assessments, and contractual agreements.

24  The District may be financed by any method established in this

25  act, chapter 189 or 191, Florida Statutes, or any other

26  applicable general or special law, as they may be amended from

27  time to time.

28         (2)  The methods for assessing and collecting non-ad

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

30  forth in chapters 170, 189, 191, and 197, Florida Statutes, as

31  they may be amended from time to time.


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  1         (3)  The District's planning requirements shall be as

  2  set forth in this act and chapters 189 and 191, Florida

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

  4         (4)  The District's geographic boundary limitations

  5  shall be as set forth in this act.

  6         Section 7.  Election of Board of Commissioners.--

  7         (1)  Each of the five commissioners shall hold his or

  8  her respective seat on the Board of Commissioners of the Palm

  9  Harbor Special Fire Control and Rescue District for a term of

10  4 years and shall be elected by majority vote of the qualified

11  electors of the District voting at a general county election,

12  provided that the commissioners holding seats on the effective

13  date of this act shall continue to hold their respective seats

14  for the remainder of their terms or until their successors are

15  elected and qualified, whichever occurs first. Any

16  commissioner may be a candidate to succeed himself or herself.

17  Vacancies shall be filled as provided in paragraph (3)(b).

18         (2)  Voting for commissioners shall be Districtwide and

19  nonpartisan.

20         (3)(a)  All commissioners must be qualified electors

21  within the District and must reside within the District.

22         (b)  If any commissioner ceases to reside anywhere

23  within the District, resigns his or her seat, or is removed

24  from office, his or her seat shall be declared vacant, he or

25  she shall be disqualified from further service for the

26  remainder of his or her unexpired term, and the remaining

27  commissioners, even though they be less than a quorum, shall

28  elect a successor to fill the unexpired term of the seat

29  vacated, pursuant to the time requirements of section 114.04,

30  Florida Statutes.

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  1         (4)  Each commissioner, whenever elected, shall begin

  2  his or her term of office on the second Tuesday following his

  3  or her election, pursuant to section 100.041(4), Florida

  4  Statutes, and shall hold office until his or her successor is

  5  elected and qualified, unless he or she ceases to be

  6  qualified, resigns, or is removed from office. Any resignation

  7  by a commissioner of his or her seat shall be accepted.

  8         (5)  All candidates shall qualify for election pursuant

  9  to applicable requirements of chapters 189 and 191, Florida

10  Statutes.

11         (6)  The names of all candidates qualifying for

12  election to a seat on the board of commissioners shall be

13  included, in such a way as to clearly indicate the respective

14  seat for which each qualified candidate is running, on the

15  ballot or voting machines provided for use in the District

16  along with the candidates for county office at each regular

17  county election.

18         (7)  Any expenses of holding elections for commission

19  seats at the regular county elections shall be paid for out of

20  the funds of the District if required by proper authority.

21         (8)  In the event only one candidate for any one

22  particular seat on the board of commissioners has qualified

23  for election by the deadline for qualifying, the board of

24  commissioners shall forthwith by resolution declare such a

25  candidate to have been duly elected to fill the respective

26  seat or seats without the necessity of holding an election as

27  otherwise provided in this section.

28         Section 8.  Taxing authority for special assessments.--

29         (1)  The District may levy special assessments against

30  the assessable real estate situated in the District, including

31  homestead property otherwise exempt from taxation, to provide


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  1  funds for the purposes of the District. In so doing, the

  2  District shall establish a schedule of land-use

  3  classifications and a special assessment for each land use

  4  classified. The schedule of land-use classifications shall be

  5  established in the manner prescribed in subsection (2) of this

  6  section.

  7         (2)  The Board of Commissioners of the Palm Harbor

  8  Special Fire Control and Rescue District shall fix an

  9  assessment schedule, indicating land-use classifications and

10  the applicable assessment rate for each land use classified,

11  by resolution, or subsequent to April 1 of each year. If the

12  assessment schedule contains no new land-use classification

13  and no increases in the rate of assessment, the assessment

14  shall be effective for the next calendar year subsequent to

15  the passage of the resolution without the necessity of a

16  referendum. If, however, the assessment schedule contains any

17  new land-use classification or any increase in the assessment

18  rate of any land-use classified, the board of commissioners

19  shall submit their resolution to the electors residing in the

20  District in accordance with law; and if a majority of electors

21  voting in such a referendum election approve, the assessment

22  schedule shall be effective for the next calendar year

23  subsequent to the referendum.

24         (3)  The board of commissioners of the District shall,

25  on or before September 10 of each year, prepare and complete a

26  special assessment roll showing the assessment rate for each

27  parcel of real estate situated in the District.

28         (4)  The board of commissioners may, in any year, by

29  resolution, change the date on which the assessment schedule

30  is to be fixed and the date on which the final assessment roll

31  is to be adopted, provided that, in the event of any such


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  1  change of date, the board shall cause a notice to be published

  2  in a newspaper in Pinellas County, one time, said notice to be

  3  published at least 10 days prior to the date on which it is

  4  proposed to fix the rate of assessment.

  5         (5)  Any property owner in the District may, during the

  6  period between November 5 and November 15 of any year, file

  7  protest in writing with the board of commissioners against the

  8  assessment paid by him or her and appear before the board in

  9  support of such protest. The board shall hold such meetings as

10  may be necessary following said period to consider any such

11  protest and to make any such adjustment, refund, or denial as

12  it may determine fair, equitable, and proper.

13         Section 9.  Ad valorem taxes.--

14         (1)  The Board of Commissioners of the Palm Harbor

15  Special Fire Control and Rescue District shall have the

16  authority to levy ad valorem taxes against all taxable

17  property within the District to provide funds for the purposes

18  of the District.

19         (2)  The levy of ad valorem taxes shall proceed

20  pursuant to general law. The rate of taxation shall be fixed

21  annually by resolution of the board and shall not exceed 2.0

22  mills except as provided by chapter 191, Florida Statutes, as

23  it may be amended from time to time.

24         Section 10.  Revenues and debts.--

25         (1)  The revenue and funds of the District shall be

26  deposited in the name of the District in a bank or banks

27  authorized to receive deposits of county funds, which bank or

28  banks shall be designated by resolution of the board of

29  commissioners. The designation of such bank or banks and the

30  deposit of funds therein shall be by the exercise of due care

31  and diligence on the part of the board of commissioners for


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  1  the safekeeping of said funds. No funds of the District shall

  2  be paid out or disbursed except by check.

  3         (2)(a)  The board of commissioners shall have the power

  4  and authority to borrow money for the purposes of the District

  5  pursuant to this act and chapter 191, Florida Statutes, and

  6  may pledge as security for the payment of such loan

  7  collections on said roll and pursuant thereto shall have the

  8  power and authority to issue bonds or give tax anticipation

  9  notes, which shall be the sole security for any such loan,

10  except where real property is purchased and a mortgage is

11  given, subject to referendum approval where required by the

12  constitution, to secure the purchase.

13         (b)  Neither the District nor the commissioners shall

14  be collectively or individually liable for any such loan, or

15  any part thereof, and in the event of such pledge, it shall be

16  the duty of the commissioners, upon collection of the ad

17  valorem tax roll so pledged, to apply the first proceeds

18  thereof to the payment of the loan for which such ad valorem

19  tax roll or lien was pledged until full payment of the loan is

20  made.

21         (c)  Except as provided in paragraph (a), the

22  commissioners shall not create indebtedness or incur

23  obligations for any sum or amount which the board is unable to

24  pay out of District funds then in its hands, provided,

25  however, that this paragraph shall not be construed to

26  prohibit the purchasing of essential equipment and apparatus

27  under rental-purchase or retain title contracts in which the

28  equipment or apparatus, and/or tax anticipation certificates,

29  constitute the sole security for the remaining balance due on

30  the purchase price thereof.

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  1         Section 11.  District funds.--No funds of the District

  2  shall be used for any purpose other than the following, as the

  3  board may determine to be in the best interests of the

  4  District:

  5         (1)  The administration of the affairs and business of

  6  the District relating to fire control and emergency medical

  7  services pursuant to this act or chapter 191, Florida

  8  Statutes, as it may be amended from time to time;

  9         (2)  The construction, care, maintenance, upkeep,

10  operation, lease, and purchase of stations, equipment, and

11  real property;

12         (3)  The installation of fire hydrants and water lines;

13         (4)  The payment of public utilities, such as electric

14  lights and water; and

15         (5)  The payment of salaries to commissioners, a fire

16  chief, and one or more personnel to perform the duties of the

17  District, the payment of expenses as approved by the board of

18  commissioners, and the exercise of the powers of the District

19  shall be only for the purposes of providing services,

20  equipment, and facilities for fire protection and control

21  within the District as defined herein and amended by

22  interlocal agreement, and no expenditures by the District

23  shall be made except as shall relate to such purpose.

24         Section 12.  Duties of board of commissioners; policies

25  and regulations.--

26         (1)  The officers of the board of commissioners shall

27  have the duties usually pertaining to, vested in, and

28  incumbent upon like officers. A record shall be kept of all

29  meetings of the board of commissioners, and in such meetings

30  the concurrence of a majority of the commissioners in

31  attendance shall be necessary to any affirmative action by the


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  1  board, provided that no action shall be taken by the board of

  2  commissioners unless a quorum of commissioners is present, a

  3  quorum being defined as three or more commissioners.

  4         (2)  The board of commissioners may adopt such

  5  policies, and regulations, and ordinances as it may deem

  6  necessary to carry out the transaction of its business and the

  7  provisions of this act. The board shall have the right, power,

  8  and authority to enact and enforce a fire prevention ordinance

  9  in the same manner that other ordinances of the District are

10  adopted.

11         (3)  The board of commissioners shall adopt uniform

12  ordinance procedures. Ordinances shall be signed, dated, and

13  recorded with the clerk of the court of Pinellas County, and

14  published as provided by Florida law. Ordinances shall be

15  effective after publication, which constitutes legal notice of

16  same.

17         (4)  The board may specify, by rule, civil penalties

18  for violations of such ordinances and a maximum daily fine of

19  $1,000.

20         (5)  In any civil action brought by the Palm Harbor

21  Special Fire Control and Rescue District to enforce the

22  provisions of its charter or its duly enacted ordinances,

23  including, but not limited to, actions brought to collect

24  fees, taxes, or other moneys owed to the Palm Harbor Special

25  Fire Control and Rescue District, the party in whose favor a

26  judgment or decree has been rendered may recover reasonable

27  court costs and attorney's fees from the nonprevailing party.

28         Section 13.  Public disclosure.--Requirements for

29  financial disclosure, meeting notices, reporting, public

30  records maintenance, and per diem expenses for officers and

31  employees shall be as set forth in chapters 112, 119, 189,


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  1  191, and 286, Florida Statutes, as they may be amended from

  2  time to time.

  3         Section 14.  Dissolution and annexation of District.--

  4         (1)  The special fire control District shall exist

  5  until dissolved by law. Should any municipality, city,

  6  village, town, or other fire control District, or any other

  7  municipal corporation, annex or cause to be annexed to its

  8  territorial limits any part or portion of land included in the

  9  District, said fire control District shall continue as the

10  sole taxing authority for fire control purposes. However, this

11  shall not preclude an interlocal agreement between the entity

12  initiating the annexation and the District, as it relates to

13  fire control.

14         (2) Notwithstanding any other provision of law, no

15  municipality in Pinellas County may annex any unincorporated

16  territory situated on the effective date of this act within

17  the boundaries of the Palm Harbor Special Fire Control and

18  Rescue District unless the annexation of such territory by the

19  municipality is first approved by the board of county

20  commissioners of Pinellas County.

21         Section 15.  Definitions.--For purposes of this act,

22  unless the context clearly requires otherwise, the word

23  "District" means the Palm Harbor Special Fire Control and

24  Rescue District hereby established, and the terms "board,"

25  "commissioners," and "board of commissioners" mean the Board

26  of Commissioners of the Palm Harbor Special Fire Control and

27  Rescue District as created and organized in this act.

28         Section 16.  Impact fees.--

29         (1) It is hereby declared that the cost of new

30  facilities for fire protection service within the Palm Harbor

31  Special Fire Control and Rescue District should be borne by


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  1  new users of the District services to the extent new

  2  construction requires new facilities, but only to that extent.

  3  It is the legislative intent of this section to transfer to

  4  the new user of the District's services a fair share of the

  5  costs that new users impose on the District for new

  6  facilities.

  7         (2)  The District is authorized to impose impact fees

  8  for new construction within the District. The board of

  9  commissioners of the District shall set the amount of such

10  fees by resolution.

11         (3)  No person shall issue or obtain a building permit

12  for new residential dwelling units or new commercial or

13  industrial structures within the District, or issue or obtain

14  construction plan approval for new mobile home developments

15  located within the District, until the developer thereof has

16  paid any applicable impact fee to the District or its

17  authorized representative; however, under no circumstances

18  shall a failure to collect said fees before issuance of a

19  building permit be construed as a waiver of said fees by the

20  District.

21         (4)  The impact fees collected by the District pursuant

22  to this section shall be kept as a separate fund from other

23  revenues of the District and shall be used exclusively for the

24  acquisition, purchase, or construction of new facilities or

25  portions thereof required to provide fire protection services

26  to new construction. "New facilities" means buildings and

27  capital equipment, including, but not limited to, fire

28  vehicles and radio-telemetry equipment.  Said fees shall not

29  be used for the acquisition, purchase, or construction of

30  facilities which must be obtained in any event, regardless of

31  growth within the district.  The board of commissioners shall


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  1  maintain adequate records to ensure that impact fees are

  2  expended only for permissible new facilities.

  3         Section 4.  Chapters 82-369, 84-512, 84-513, 85-489,

  4  86-441, 88-477, and 95-469, Laws of Florida, are repealed.

  5         Section 5.  In the event any section or provision of

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

  7  determination shall not affect the validity of or

  8  enforceability of each other section and provision of this

  9  act.

10         Section 6.  In the event of a conflict of the

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

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

13  conflict.

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

15  law.

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