House Bill 0867er

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  2         An act relating to the Immokalee Fire Control

  3         District, Collier County; providing legislative

  4         intent; providing for a codification of the

  5         special laws relating to the Immokalee Fire

  6         Control District pursuant to s. 191.015, F.S.;

  7         codifying, reenacting, and amending all prior

  8         special acts; creating and establishing a fire

  9         control and rescue district as an independent

10         district in Collier County and fixing the

11         boundaries of the district; providing for a

12         governing body; prescribing the powers of the

13         board; authorizing the board to establish and

14         maintain emergency medical services and

15         equipment; authorizing the board to make

16         policies, rules, regulations, and a fire code;

17         providing for assessing and collecting taxes,

18         assessments, impact fees, and user charges;

19         providing that this act shall be construed

20         liberally; providing for severability;

21         providing for the repeal of chapters 55-30666,

22         57-1236, 78-490, 80-485, 87-499, 88-513,

23         91-368, and 98-489, Laws of Florida, as said

24         laws relate to the district; providing an

25         effective date.

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

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29         Section 1.  Pursuant to section 191.015, Florida

30  Statutes, this act constitutes the codification of all special

31  acts relating to the Immokalee Fire Control District. It is


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  1  the intent of the Legislature to provide a single,

  2  comprehensive special act charter for the Immokalee Fire

  3  Control District which includes all current legislative

  4  authority granted to the district by general law and by its

  5  several legislative enactments, as said laws may be amended

  6  from time to time, and any additional authority granted by

  7  this act.

  8         Section 2.  Chapters 55-30666, 57-1236, 78-490, 80-485,

  9  87-499, 88-513, 91-368, and 98-489, Laws of Florida, relating

10  to the Immokalee Fire Control District, are hereby codified,

11  reenacted, and amended as herein provided.

12         Section 3.  The Immokalee Fire Control District is

13  re-created and the charter for such district is re-created and

14  reenacted to read:

15         Section 1.  There is hereby made, created and

16  established the Immokalee Fire Control District, an

17  independent special district, hereinafter referred to as the

18  district, through the codification and reenactment of the

19  district's several legislative enactments, which shall include

20  the following described lands:

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22         Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,

23         13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24,

24         25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and

25         36 of Township 46 South Range 28 East and

26         Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,

27         13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24,

28         25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and

29         36 of Township 46 South Range 29 East and

30         Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,

31         13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24,


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  1         25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35,

  2         and 36 of Township 46 South Range 30 East and

  3         Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,

  4         13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24,

  5         25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and

  6         36 of Township 47 South Range 29 East and

  7         Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,

  8         13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24,

  9         25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35,

10         and 36 of Township 47 South Range 30 East and

11         Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,

12         13, 14, 15, 16, 17, and 18 of Township 48 South

13         Range 29 East and Sections 1, 2, 3, 4, 5, 6, 7,

14         8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,

15         20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31,

16         32, 33, 34, 35, and 36 of Township 48 South

17         Range 30 East. All of said land being located

18         in Collier County as set forth in public

19         records thereof.

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21         Section2.  Governing body.--The district shall be

22  governed by a board which shall consist of five resident

23  electors of the district elected by a vote of the electors of

24  the district pursuant to the laws of Florida, as said laws may

25  be amended from time to time.

26         Section 3.  Officers; powers.--Within 60 days after the

27  election of members of the board, the members shall meet and

28  elect from the membership a chairman, a vice chairman, a

29  secretary, and a treasurer; provided, however, the same member

30  may be both secretary and treasurer. The district shall have

31  and the board may exercise those general and special powers


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  1  prescribed by chapter 191, Florida Statutes, or any other

  2  applicable general law or special law, as said laws may be

  3  amended from time to time.

  4         Section 4.  Emergency medical and rescue response

  5  services.--The district is authorized to establish and

  6  maintain emergency medical and rescue response services and

  7  acquire and maintain rescue, medical, transport, and other

  8  emergency equipment, as prescribed by general law and special

  9  law, as said laws may be amended from time to time.

10         Section 5.  Policies, rules and regulations, and fire

11  code.--The board is authorized to make and adopt policies,

12  rules, regulations, and a fire code for the prevention of

13  fires, for fire control, and for the provision of rescue

14  services within the district. Such policies, rules,

15  regulations, and fire code shall be adopted in accordance with

16  applicable general law and special law, as said laws may be

17  amended from time to time.

18         Section 6.  Taxes; non-ad valorem assessments; impact

19  fees; user charges.--The district board shall fix and cause to

20  be levied on all property of the district, a millage

21  sufficient to meet the requirements of the adopted budget;

22  provided, however, 2 mills is the maximum that can be levied

23  in any 1 year, except as provided in chapter 191, Florida

24  Statutes, or any other applicable general law or special law,

25  as said laws may be amended from time to time. In addition,

26  the district shall have such authority to levy non-ad valorem

27  assessments and charge impact fees and user charges as

28  prescribed in chapter 191, Florida Statutes, and all other

29  applicable general law or special law, as said laws may be

30  amended from time to time.

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  1         Section 7.  Assessment and collection of taxes,

  2  assessments, impact fees, and user charges.--Taxes,

  3  assessments, impact fees, and user charges as provided herein

  4  shall be assessed and collected in the manner prescribed by

  5  applicable general law or special law, as said laws may be

  6  amended from time to time.

  7         Section 4.  This act shall be construed as a remedial

  8  act and shall be liberally construed to promote the purpose

  9  for which it is intended which is a codification, reenactment,

10  and repeal of the several legislative enactments of the

11  district.

12         Section 5.  If any clause, section, or provision of

13  this act is declared unconstitutional or invalid for any cause

14  or reason it shall be eliminated from this act, and the

15  remaining portion of the act shall remain in full force and

16  effect as if said unconstitutional or invalid portion had not

17  been incorporated herein.

18         Section 6.  Chapters 55-30666, 57-1236, 78-490, 80-485,

19  87-499, 88-513, 91-368, and 98-489, Laws of Florida, as said

20  laws relate to the district, are repealed.

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

22  law.

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