House Bill 0877er

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  1

  2         An act relating to the San Carlos Park Fire

  3         Protection and Rescue Service District, Lee

  4         County; reenacting and codifying chapters

  5         76-411, 80-521, 84-469, s. 7 of chapter 87-447,

  6         s. 1(5) of chapter 88-545, and chapters 89-494,

  7         94-457, 95-463, 96-458, and 97-320, Laws of

  8         Florida, relating to the San Carlos Park Fire

  9         Protection and Rescue Service District,

10         pursuant to s. 191.015, F.S.; providing

11         legislative intent; providing the status,

12         purpose, and boundaries of the district;

13         providing for charter amendments; providing for

14         a governing board; providing for powers and

15         duties; providing for compensation and bonds;

16         providing authority to levy ad valorem

17         assessments; providing authority to establish

18         policies and regulations; providing for a fire

19         code; providing construction and effect;

20         providing for conflicts; repealing all prior

21         special acts relating to the district;

22         providing an effective date.

23

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

25

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

27  Florida Statutes, this act constitutes the codification of all

28  special acts relating to the San Carlos Park Fire Protection

29  and Rescue Service District. It is the intent of the

30  Legislature to provide a single, comprehensive special act

31  charter for the district including all current legislative


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  1  authority granted to the district by its several legislative

  2  enactments and any additional authority granted by this act

  3  and chapters 189 and 191, Florida Statutes, as amended from

  4  time to time. It is further the intent of this act to preserve

  5  all district authority, including the authority to annually

  6  assess and levy against the taxable property in the district a

  7  tax not to exceed 3.75 mills on the dollar of assessed

  8  valuation as provided in chapter 97-340, Laws of Florida, or

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

10  time to time, and as approved by referendum of the qualified

11  electors in the district.

12         Section 2.  Codification.--Chapters 76-411, 80-521, and

13  84-469, section 7 of chapter 87-447, subsection (5) of section

14  1 of chapter 88-545, and chapters 89-494, 94-457, 95-463,

15  96-458, and 97-320, Laws of Florida, related to San Carlos

16  Park Fire Protection and Rescue Service District, are amended,

17  codified, reenacted, and repealed as provided herein.

18         Section 3.  The San Carlos Park Fire Protection and

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

20  district is re-created and reenacted to read:

21         Section 1.  As used in this act, unless otherwise

22  specified:

23         (1)  "District" means the San Carlos Park Fire

24  Protection and Rescue Service District.

25         (2)  "Board" and "board of commissioners" means the

26  board of commissioners of and for the district.

27         (3)  "Commissioner" means a member of the board of

28  commissioners of and for the district.

29         (4)  "County" means Lee County.

30         Section 2.  District status; charter amendments;

31  boundaries.--


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  1         (1)  There is created an independent special taxing

  2  fire protection and rescue service district incorporating

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

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

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

  6  of the San Carlos Park Fire Protection and Rescue Service

  7  District. The district is organized and exists for all

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

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

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

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

12  Florida, shall supersede this act.

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

14  Legislature in 1976.  Its charter may be amended only by

15  special act of the Legislature.

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

17  the following described lands in Lee County, Florida:

18

19         Township 46S, Range 24E:

20         In Township 46 South, Range 24 East, all of

21         Section 1, those portions of Sections 2 and 11

22         lying East of the waters of Hendry Creek, all

23         of Sections 12 and 13, and those portions of

24         Sections 14, 23, and 24 lying East of the

25         waters of Hendry Creek.

26

27         Township 46S, Range 25E:

28         In Township 46 South, Range 25 East, all of

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

30         15, 16, 17, 18, 19, 20, 21, and 22.

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  1         Sections 13, 14, 23, and 24, less the following

  2         described real property:

  3

  4         All that part of Sections 13, 14, 23, and 24

  5         being more particularly described as follows:

  6

  7         COMMENCING at the west 1/4 corner of Section

  8         14, Township 46 South, Range 25 East; thence N.

  9         88°41'31"W. along a grid bearing based on State

10         Plane Coordinates West Zone 1983/90 Adjustments

11         for 354.67 feet to a 5/8" rebar set; thence

12         continue along said grid system in the

13         following 35 courses; thence S.14°12'35"E.

14         1348.50 feet to a 5/8" rebar set; thence N.

15         88°27'56"E. 961.61 feet to a 5/8" rebar set,

16         the POINT OF BEGINNING of the parcel herein

17         described; thence N. 88°27'56"E. 1930.23 feet

18         to a 5/8" rebar set;  thence N. 47°45'12"E.

19         1504.15 feet to a 5/8" rebar set; thence N.

20         01°42'48" W. 306.16 feet to a 5/8" rebar set;

21         thence N. 88°17'12"E. 1027.78 feet to a 5/8"

22         rebar set; thence N. 03°10'23" W. 430.68 feet

23         to a 5/8" rebar set; thence N. 89°01'42"E.

24         450.44 feet to a 5/8" rebar set; thence S.

25         00°58'18" E. 320.18 feet to a 5/8" rebar set;

26         thence N. 88°44'00" E. 3706.20 feet to a 5/8"

27         rebar set;  thence S. 19°49'36" W. 1336.16 feet

28         to a 5/8" rebar set; thence S. 02°55'16" E.

29         211.28 feet to a 5/8" rebar set; thence S. 75°

30         24'23" W. 644.69 feet to a 5/8" rebar set;

31         thence S. 01°12'51" E. 1175.90 feet to a 5/8"


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  1         rebar set; thence S. 40°23'38" W. 337.56 feet

  2         to a 5/8" rebar set; thence N. 88°17'12" E.

  3         566.82 feet to a 5/8" rebar set; thence S.

  4         41°03'57" E. 465.55 feet to a 5/8" rebar set;

  5         thence S. 02°13'31" E. 339.07 feet to a 5/8"

  6         rebar set; thence S. 21°20'50" W. 1025.84 feet

  7         to a 5/8" rebar set; thence S. 62°11'53" W.

  8         2704.19 feet to a 5/8" rebar set;  thence N.

  9         31°47'37" W. 631.23 feet to a 5/8" rebar set;

10         thence S. 88°17'12" W. 233.76 feet to a 5/8"

11         rebar set; thence N. 87°48'55" W. 1464.69 feet

12         to a 5/8" rebar set; thence N. 05°08'14" E.

13         497.70 feet to a 5/8" rebar set;  thence N.

14         54°09'13" W. 1057.64 feet to a 5/8" rebar set;

15         thence S. 49°19'44" W. 344.73 feet to a 5/8"

16         rebar set; thence S. 03°26'59" E. 196.03 feet

17         to a 5/8" rebar set; thence S. 20°50'23" E.

18         471.34 feet to a 5/8" rebar set; thence S.

19         38°37'17" W. 273.32 feet to a 5/8" rebar set;

20         thence N. 59°16'15" W. 1233.78 feet to a 5/8"

21         rebar set; thence N. 03°31'24" W. 140.92 feet

22         to a 5/8" rebar set; thence northerly, 851.92

23         feet along the arc of a circular curve concave

24         to the west through a central angle of

25         24°24'21" having a radius of 2,000.00 feet and

26         being subtended by a chord which bears N.

27         15°43'35" W. 845.50 feet to a 5/8" rebar set;

28         thence N. 27°55'45" W. 854.72 feet to a 5/8"

29         rebar set; thence northerly, 851.92 feet along

30         the arc of a circular curve concave to the east

31         through a central angle of 24°24'21" having a


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  1         radius of 2,000.00 feet and being subtended by

  2         a chord which bears N. 15°43'35" W. 845.50 feet

  3         to a 5/8" rebar set; thence N. 03°31'24" W.

  4         574.66 feet to the Point of Beginning of the

  5         parcel herein described.

  6

  7         And also excluding that certain tract of land

  8         in the Southwest Quarter (SW 1/4) of Section

  9         23, Township 46 South, Range 25 East, Lee

10         County, Florida, lying West of I-75

11         right-of-way line.  Said lands containing 62.35

12         acres, more or less.

13

14         Township 46S, Range 26E:

15

16         In Township 46 South, Range 26 East, Sections

17         1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,

18         15, 16, 17, 18, 19, and Section 20 which lies

19         North of Corkscrew Road, less the following

20         described property:

21

22         A tract  or parcel of land lying in said

23         Section 5 and Section 8, Township 46 South,

24         Range 26 East more particularly described as

25         follows:

26

27         Beginning at a found concrete post (3'x3')

28         (unnumbered) marking the Southeast corner of

29         said Section 5 thence North 01°08'49" West

30         along the East line of the Southeast Quarter

31         (SE 1/4) of said Section 5 for 3138.22 feet to


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  1         a found concrete monument (4'x4') stamped

  2         "Starnes and Associates" marking the East

  3         quarter (E 1/4) corner of said Section 5;

  4         thence North 01°08'49" West along the East line

  5         of the Northeast Quarter (NE 1/4) of said

  6         Section 5 for 652.25 feet; thence South

  7         88°51'11" West for 1931.00 feet; thence South

  8         01°08'49" East for 1791.52 feet; thence South

  9         88°51'11" West for 719.50 feet; thence South

10         01°08'49" East for 1886.91 feet to an

11         intersection with the South line of said

12         Section 5; thence continue South 01°08'49" East

13         for 338.07 feet to the North line of Alico Road

14         (100 feet wide) as monumented and occupied;

15         thence North 88°59'45" East along the North

16         line of said Alico Road for 2650.25 feet to the

17         East line of the Northeast Quarter (NE 1/4) of

18         said Section 8; thence North 01°04'59" West

19         along said East line for 232.63 feet to the

20         Point of Beginning.

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

23  or other governing officials of the district to render such

24  services to communities adjacent to the land described in

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

26  be deemed desirable.

27         Section 3.  Governing board creation; powers, duties.--

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

29  conducted and administered by a board of five commissioners,

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

31  conducting district elections and for qualification of


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  1  candidates and electors shall be pursuant to chapters 189 and

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

  3  they may be amended from time to time.

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

  5  necessary for the proper function and operation of the fire

  6  department and establish and maintain emergency medical and

  7  rescue response services and acquire and maintain rescue,

  8  medical, and other emergency equipment subject to the

  9  provisions of chapter 401, Florida Statutes. The salaries of

10  fire department and emergency service personnel, and any other

11  wages, shall be determined by the board.

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

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

14  97-340, Laws of Florida, and chapters 189 and 191, Florida

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

16         (4)  The district shall also hold all powers,

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

18  191, and 197, Florida Statutes, and chapter 97-340, Laws of

19  Florida, as amended from time to time, including, but not

20  limited to, ad valorem taxation, bond issuance, other

21  revenue-raising capabilities, budget preparation and approval,

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

23  certificates as appropriate for non-ad valorem assessments,

24  and contractual agreements. The district may be financed by

25  any method established in this act, chapter 189 or chapter

26  191, Florida Statutes, or chapter 97-340, Laws of Florida, as

27  amended from time to time.

28         (5)  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,

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  1  and chapter 97-340, Laws of Florida, as amended from time to

  2  time.

  3         (6)  The district's planning requirements shall be as

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

  5  and chapter 97-340, Laws of Florida, as amended from time to

  6  time.

  7         (7)  The district's geographic boundary limitations

  8  shall be as set forth in this act.

  9         (8)  Requirements for financial disclosure, meeting

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

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

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

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

14  time to time.

15         Section 4.  Governing board organization; compensation

16  and bond.--

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

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

19  10 days following the member's election. Annually, within 60

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

21  members shall organize by electing from their number a

22  chairman, vice-chairman, secretary, and treasurer. However,

23  the same member may be both secretary and treasurer.

24         (2)  The commissioners shall receive compensation for

25  actual expenses incurred while performing the duties of their

26  office in accordance with general law governing per diem for

27  public officials. Commissioners may receive compensation for

28  their services in accordance with chapter 97-340, Laws of

29  Florida, and chapter 191, Florida Statutes, as they may be

30  amended from time to time.

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  1         (3)  Each commissioner, upon taking office and in

  2  accordance with chapter 97-340, Laws of Florida, and chapters

  3  189 and 191, Florida Statutes, shall execute to the Governor

  4  for the benefit of the district, a bond conditioned upon the

  5  faithful performance of the duties of the commissioner's

  6  office. The premium for such bonds shall be paid from the

  7  funds of the district.

  8         Section 5.  Ad valorem taxing authority.--

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

10  authority to levy millage tax against the taxable real estate

11  within the district to provide funds for the purpose of this

12  district. However, they shall not exceed $3.75 per $1,000 of

13  net taxable assessed valuation as provided by chapter 97-340,

14  Laws of Florida, or chapter 191, Florida Statutes, as amended

15  from time to time, and as approved by referendum of the

16  qualified electors in the district.

17         (2)  The district shall levy and collect ad valorem

18  taxes in accordance with chapter 200, Florida Statutes, as

19  amended from time to time.

20         Section 6.  Board action; authority to adopt policies

21  and regulations; annual report.--

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

23  board and in such meetings concurrence of a majority of the

24  commissioners shall be necessary to any affirmative action by

25  the board.

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

27  inconsistent with any portion of this act, chapter 191,

28  Florida Statutes, or chapter 97-340, Laws of Florida, as

29  amended from time to time, as it may deem necessary for the

30  transaction of its business and in implementing and carrying

31  out the provisions of this act. The board shall have the


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  1  authority to provide all things necessary for rescue services

  2  and the prevention, extinguishment, and control of fires in

  3  the district.

  4         Section 7.  Fire code.--The board shall have the right

  5  and power to enact a fire prevention code or ordinance in

  6  addition to, but not in conflict with, applicable state and

  7  local building and fire codes.

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

  9  as remedial and shall be liberally construed to promote the

10  purpose for which it is intended.

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

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

13  affect any other part thereof.

14         Section 6.  Conflict.--Except as otherwise provided in

15  this act, in the event of a conflict of the provisions of this

16  act with the provisions of any other act, the provisions of

17  this act shall control to the extent of such conflict.

18         Section 7.  Repeal of prior special acts.--Chapters

19  76-411, 80-521, and 84-469, subsection (5) of section 1 of

20  chapter 88-545, and chapters 89-494, 94-457, 95-463, 96-458,

21  and 97-320, Laws of Florida, are repealed.

22         Section 8.  This act shall take effect upon becoming a

23  law.

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