House Bill 0969
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Florida House of Representatives - 2000 HB 969
By Representative Ogles
1 A bill to be entitled
2 An act relating to Manatee County; providing
3 for the inclusion of certain unincorporated
4 land in Manatee County into the Braden River
5 Fire Control and Rescue District; providing for
6 a board of fire commissioners; providing for
7 the general powers of the district; providing
8 for exemption from taxation; providing for
9 special powers to the district; providing for
10 non-ad valorem assessments; providing for a
11 schedule of special assessments; providing for
12 user charges; providing for impact fees;
13 providing for the borrowing power of the
14 district; providing for existence; providing
15 definitions; providing severability; providing
16 for liberal interpretation; providing for
17 repeal of conflicting laws; providing for
18 codification; repealing chapters 85-454,
19 88-488, 90-455, 91-396, 93-395, 94-417, and
20 95-461, Laws of Florida, relating to the Braden
21 River Fire Control and Rescue District;
22 providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
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26 Section 1. Chapters 85-454, 88-488, 90-455, 91-396,
27 93-395, 94-417, and 95-461, Laws of Florida, are codified,
28 reenacted, amended, and repealed as herein provided.
29 Section 2. The Braden River Fire Control and Rescue
30 District is re-created and reenacted to read:
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1 Section 1. Incorporation.--Upon the effective date of
2 this act, all of the unincorporated lands in Manatee County,
3 Florida, as described in this act, shall become and be
4 incorporated into and as a special fire control district.
5 Said special fire control district shall become and be a
6 public municipal corporation, having the powers and duties
7 herein set forth under the name of Braden River Fire Control
8 and Rescue District.
9 Section 2. Jurisdiction.--The lands to be incorporated
10 within the Braden River Fire Control and Rescue District are
11 described as follows:
12
13 Begin at the intersection of the centerlines of
14 the Manatee River and the Braden River; thence
15 easterly along the centerline of the Manatee
16 River to the intersection of the Rye Road
17 bridge; thence northerly along the centerline
18 of Rye Road to a point of intersection of the
19 North section line of Section 24 Township 34
20 South, Range 19 East; thence easterly to the
21 Northeast corner of Section 24; thence
22 southerly along the east line of said Section
23 24 to the centerline of Lake Manatee; thence
24 easterly to S.R. 64; thence westerly along the
25 centerline of S.R. 64 to old S.R. 675; thence
26 south along the centerline of S.R. 675 and its
27 southerly extension to the line dividing
28 Manatee County and Sarasota County which same
29 point being the Southeast corner of Section 33,
30 Township 35 South, Range 20 East; thence
31 westerly along said dividing line to point
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1 being the intersection of the line dividing
2 Manatee and Sarasota Counties and the Southerly
3 extension of the West right-of-way line of
4 Interstate I-75, said point being located in
5 Section 36 Township 35 South Range 18 East;
6 thence northerly along said west right-of-way
7 line to the centerline of the Braden River;
8 thence westerly and northerly along said
9 centerline to the centerline of the Manatee
10 River, also being the point of beginning;
11 specifically excluding all lands lying and
12 situate within the corporate limits of the City
13 of Bradenton.
14 Section 3. District board of commissioners;
15 memberships, officers, meetings.--
16 (1) The business affairs of the district shall be
17 conducted and administered by a board of five commissioners
18 who shall reside within said district and who shall be elected
19 as provided for in accordance with section 191.005, Florida
20 Statutes.
21 (2) Each elected member of the board shall assume
22 office 10 days following the member's election. Annually, in
23 January, and/or within 60 days after the newly elected members
24 have taken office, the board shall organize by electing from
25 its members a chair, a vice chair, a secretary, and a
26 treasurer. The positions of secretary and treasurer may be
27 held by one member. Funds of the district may be disbursed
28 only upon the order or pursuant to resolution of the board, by
29 warrant or check signed by the treasurer or other person
30 authorized by the board. However, a petty cash account may be
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1 authorized by the board. The board may give the treasurer
2 additional powers and duties that it deems appropriate.
3 (3) Members of the board may each be paid a salary or
4 honorarium to be determined by at least a majority plus one
5 vote of the board, which salary or honorarium may not exceed
6 $500 per month for each member. Special notice of any meeting
7 at which the board will consider a salary change for board
8 members shall be published at least once, at least 14 days
9 prior to the meeting, in a newspaper of general circulation in
10 the county in which the district is located. Separate
11 compensation for the board member serving as treasurer may be
12 authorized by like vote so long as total compensation for the
13 board member does not exceed $500 per month. Members may be
14 reimbursed for travel and per diem expenses as provided for in
15 section 112.061, Florida Statutes.
16 (4) If a vacancy occurs on the board due to the
17 resignation, death, or removal of a board member or the
18 failure of anyone to qualify for a board seat, the remaining
19 members may appoint a qualified person to fill the seat until
20 the next general election, at which time an election shall be
21 held to fill the vacancy for the remaining term, if any. The
22 board shall remove any member who has three consecutive,
23 unexcused absences from regularly scheduled meetings. The
24 board shall adopt policies by resolution defining excused and
25 unexcused absences.
26 (5) Each member shall, upon assuming office, take and
27 subscribe to the oath of office prescribed by s. 5(b), Art. II
28 of the State Constitution and section 876.05, Florida
29 Statutes. Each member, within 30 days after assuming office,
30 must give the Governor a good and sufficient surety bond in
31 the sum of $5,000, the cost thereof being borne by the
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1 district, conditioned on the member's faithful performance of
2 his or her duties of office.
3 (6) The board shall keep a permanent record book
4 entitled "Record of Proceedings of (name of district)," in
5 which the minutes of all meetings, resolutions, proceedings,
6 certificates, bonds given by commissioners, and corporate acts
7 shall be recorded. The record book shall be open to
8 inspection in the same manner as state, county, and municipal
9 records are open under chapter 119, Florida Statutes, and s.
10 24, Art. I of the State Constitution. The record book shall
11 be kept at the office or other regular place of business
12 maintained by the board in the county or municipality in which
13 the district is located.
14 (7) All meetings of the board shall be open to the
15 public consistent with chapter 286, Florida Statutes, section
16 189.417, Florida Statutes, and other applicable general laws.
17 Section 4. General powers.--The district shall have,
18 and the board may exercise by majority vote, the following
19 powers:
20 (1) To sue and be sued in the name of the district, to
21 adopt and use a seal and authorize the use of a facsimile
22 thereof, and to make and execute contracts and other
23 instruments necessary or convenient to the exercise of its
24 powers.
25 (2) To provide for a pension or retirement plan for
26 its employees. Notwithstanding the prohibition against extra
27 compensation as provided in section 215.425, Florida Statutes,
28 the board may provide for an extra compensation program,
29 including a lump-sum bonus payment program, to reward
30 outstanding employees whose performances exceed standard, if
31 the program provides that a bonus payment may not be included
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1 in an employee's regular base rate of pay and may not be
2 carried forward in subsequent years.
3 (3) To contract for the services of consultants to
4 perform planning, engineering, legal, or other professional
5 services.
6 (4) To borrow money and accept gifts, to apply for and
7 use grants or loans of money or other property from the United
8 States, the state, a unit of local government, or any person
9 for any district purposes, and enter into agreements required
10 in connection therewith, and to hold, use, sell, and dispose
11 of such moneys or property for any district purpose in
12 accordance with the terms of the gift, grant, loan, or
13 agreement relating thereto.
14 (5) To adopt resolutions and procedures prescribing
15 the powers, duties, and functions of the officers of the
16 district, the conduct of the business of the district, the
17 maintenance of records, and the form of other documents and
18 records of the district. The board may also adopt ordinances
19 and resolutions that are necessary to conduct district
20 business, if such ordinances do not conflict with any
21 ordinances of a local general purpose government within whose
22 jurisdiction the district is located. Any resolution or
23 ordinance adopted by the board and approved by referendum vote
24 of district electors may only be repealed by referendum vote
25 of district electors.
26 (6) To maintain an office at places it designates
27 within a county or municipality in which the district is
28 located and appoint an agent of record.
29 (7) To acquire, by purchase, lease, gift, dedication,
30 devise, or otherwise, real and personal property or any estate
31 therein for any purpose authorized by this act and to trade,
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1 sell, or otherwise dispose of surplus real or personal
2 property. The board may purchase equipment by an installation
3 sales contract if funds are available to pay the current
4 year's installments on the equipment and to pay the amounts
5 due that year on all other installments and indebtedness.
6 (8) To hold, control, and acquire by donation or
7 purchase any public easement, dedication to public use,
8 platted reservation for public purposes, or reservation for
9 those purposes authorized by this act consistent with
10 applicable adopted local government comprehensive plans and
11 land development regulations.
12 (9) To lease to or from any person, firm, corporation,
13 association, or body, public or private, any facility or
14 property of any nature for the use of the district when
15 necessary to carry out the district duties and authority under
16 this act.
17 (10) To borrow money and issue bonds, revenue
18 anticipation notes, or certificates payable from and secured
19 by a pledge of funds, revenues, taxes and assessments,
20 warrants, notes, or other evidence of indebtedness, and
21 mortgage real and personal property when necessary to carry
22 out the district's duties and authority under this act.
23 (11) To charge user and impact fees authorized by
24 resolution of the board, in amounts necessary to conduct
25 district activities and services, and to enforce their receipt
26 and collection in the manner prescribed by resolution and
27 authorized by law. However, the imposition of impact fees may
28 only be authorized as provided by section 191.009(4), Florida
29 Statutes.
30 (12) To exercise the right and power of eminent
31 domain, pursuant to chapter 73, Florida Statutes, or chapter
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1 74, Florida Statutes, over any property within the district,
2 except municipal, county, state, special district, or federal
3 property used for a public purpose, for the uses and purposes
4 of the district relating solely to the establishment and
5 maintenance of fire stations and fire substations,
6 specifically including the power to take easements that serve
7 such facilities consistent with applicable adopted local
8 government comprehensive plans and land development
9 regulations.
10 (13) To cooperate or contract with other persons or
11 entities, including other governmental agencies, as necessary,
12 convenient, incidental, or proper in connection with providing
13 effective mutual aid and furthering any power, duty, or
14 purpose authorized by this act.
15 (14) To assess and impose upon real property in the
16 district non-ad valorem assessments as authorized by this act.
17 (15) To impose and foreclose non-ad valorem assessment
18 liens as provided by this act or to impose, collect, and
19 enforce non-ad valorem assessments pursuant to chapter 197,
20 Florida Statutes.
21 (16) To select as a depository for its funds any
22 qualified public depository as defined in section 280.02,
23 Florida Statutes, which meets all the requirements of chapter
24 280, Florida Statutes, and has been designated by the State
25 Treasurer as a qualified public depository, upon such terms
26 and conditions as to the payment of the interest upon the
27 funds deposited as the board deems just and reasonable.
28 (17) To provide adequate insurance on all real and
29 personal property, equipment, employees, volunteer
30 firefighters, and other personnel.
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1 (18) To organize, participate in, and contribute
2 monetarily to organizations or associations relating to the
3 delivery of or improvement of fire control, prevention,
4 emergency rescue services, or district administration.
5 Section 5. Exemption from taxation.--Since the
6 exercise of the powers conferred by this act constitutes
7 action by a political subdivision performing essential public
8 functions and since the property of each district constitutes
9 public property used for public purposes, all assets and
10 properties of the district, including property acquired
11 through the foreclosure of any tax or assessment lien, are
12 exempt from all taxes imposed by the state or any political
13 subdivision, agency, or instrumentality of the state.
14 Section 6. Special powers.--The district shall provide
15 for fire suppression and prevention by establishing and
16 maintaining fire stations and fire substations and acquiring
17 and maintaining such firefighting and fire protection
18 equipment deemed necessary to prevent or fight fires. All
19 construction shall be in compliance with applicable state,
20 regional, and local regulations, including adopted
21 comprehensive plans and land development regulations. The
22 board shall have and may exercise any or all of the following
23 special powers relating to facilities and duties authorized by
24 this act:
25 (1) Establish and maintain emergency medical and
26 rescue response services and acquire and maintain rescue,
27 medical, and other emergency equipment, pursuant to the
28 provisions of chapter 401, Florida Statutes, and any
29 certificate of public convenience and necessity or its
30 equivalent issued thereunder.
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1 (2) Employ, train, and equip such personnel, and
2 train, coordinate, and equip such firefighters and volunteer
3 firefighters as are necessary to accomplish the duties of the
4 district. The board may employ and fix the compensation of a
5 fire chief or chief administrator, who shall reside within the
6 district. The board shall prescribe the duties of such
7 person, which shall include supervision and management of the
8 operations of the district and its employees and maintenance
9 and operation of its facilities and equipment. The fire chief
10 or chief administrator may employ or terminate the employment
11 of such other persons including, without limitation,
12 professional, supervisory, administrative, maintenance, and
13 clerical employees, as are necessary and authorized by the
14 board. The compensation and other conditions of employment of
15 the officers and employees of the district shall be provided
16 by the board.
17 (3) Conduct public education to promote awareness of
18 methods to prevent fires and reduce the loss of life and
19 property from fires or other public safety concerns.
20 (4) Adopt and enforce firesafety standards and codes
21 and enforce the rules of the State Fire Marshal consistent
22 with the exercise of the duties authorized by chapter 553,
23 Florida Statutes, or chapter 633, Florida Statutes, with
24 respect to fire suppression, prevention, and firesafety code
25 enforcement.
26 (5) Conduct arson investigations and cause-and-origin
27 investigations.
28 (6) Adopt hazardous material safety plans and
29 emergency response plans in coordination with the county
30 emergency management agency as provided for in chapter 252,
31 Florida Statutes.
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1 (7) Contract with general purpose local government for
2 emergency management planning and services.
3 Section 7. Taxes, non-ad valorem assessments; impact
4 fees; and user charges.--
5 (1) The district shall have the right, power, and
6 authority to levy non-ad valorem assessments as defined in
7 section 197.3632, Florida Statutes, to construct, operate, and
8 maintain district facilities and services. The rate of such
9 assessments must be fixed by resolution of the board pursuant
10 to the procedures contained in section 191.011, Florida
11 Statutes. Non-ad valorem assessment rates set by the board
12 may exceed the maximum rates established by special act, the
13 previous year's resolution, or referendum in an amount not to
14 exceed the average annual growth rate in Florida personal
15 income over the previous 5 years. Non-ad valorem assessment
16 rate increases within the personal income threshold are deemed
17 to be within the maximum rate authorized by law at the time of
18 initial imposition. Proposed non-ad valorem assessment
19 increases which exceed the rate set the previous fiscal year
20 or the rate previously set by special act by more than the
21 average annual growth rate in Florida personal income over the
22 last 5 years must be approved by referendum of the electors of
23 the district. Non-ad valorem assessments shall be imposed,
24 collected, and enforced pursuant to section 191.011, Florida
25 Statutes.
26 (2) The district shall provide to the county property
27 appraiser a notice of fire tax rates as adopted by resolution
28 not later than June 1 of each year. The county property
29 appraiser shall then furnish to the commissioners of the
30 district a tax roll covering all taxable properties with the
31 tax rate levy placed on each parcel of property by July 1,
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1 which tax roll is consistent with and as set forth by section
2 193.1142, Florida Statutes. Not later than 21 days after
3 receipt of the tax roll from the county property appraiser,
4 the district shall return the tax roll, having first checked
5 and noted any corrections or adjustments to the fire tax levy
6 against each parcel of property.
7 (3) Prior to adopting a rate of assessment, the board
8 of commissioners of the district shall properly advertise and
9 hold a public hearing with respect to the proposed rate of
10 assessment. At such hearing, any property owner in the
11 district shall have the right to file written protest and/or
12 testify at such hearing regarding the proposed rate of
13 assessment. After due consideration of all comments or
14 protests, the board of commissioners shall adopt a resolution
15 specifying the rate of assessment on all taxable property.
16 (4) The board of commissioners of the district shall,
17 not earlier than 30 days or later than 45 days after the
18 mailing of the notice of proposed property taxes as required
19 by section 194.011(1), Florida Statutes, hold a properly
20 advertised public hearing to hear appeals from any property
21 owner in the district with respect to the method of
22 calculation and/or the amount of fire tax levied against a
23 parcel of land. Within 20 calendar days after the conclusion
24 of the public hearing to hear appeals, the board of
25 commissioners of the district shall notify all concerned
26 parties and the county property appraiser in writing of its
27 decision. The decision shall include reasons for granting or
28 denying the appeal.
29 (5) The county property appraiser shall then include
30 the assessments thus made by the board of commissioners of the
31 district in the Manatee County tax roll and the same shall be
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1 collected in the manner and form as is provided for the
2 collection of county taxes and paid over by the county tax
3 collector to the board of commissioners.
4 (6) Such special assessments shall be a lien upon the
5 land so assessed along with the county taxes assessed against
6 the same until said assessments have been paid, and, if the
7 same become delinquent, shall be considered a part of the
8 county tax subject to the same penalties, fees, and remedies
9 for enforcement and collection, and shall be enforced and
10 collected as provided by the laws of the state for the
11 collection of such taxes.
12 Section 8. Schedule of special assessments.--The
13 assessment procedures and amounts, as set forth herein,
14 represent the manner to be followed and the maximum allowable
15 rates the district may charge but shall not exceed, except as
16 provided in section 191.009(2), Florida Statutes. For
17 assessment purposes, all property within the district shall be
18 divided into three general classifications: vacant parcels,
19 residential parcels, and commercial/industrial parcels.
20 (1) Vacant parcels shall include all parcels which are
21 essentially undeveloped and are usually classified by the
22 property appraiser as use code types 00, 10, 40, 99, and 50
23 through 69. The maximum annual assessment for these parcels
24 shall be:
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26 Vacant Platted Lot $6.50 per Lot
27 Unsubdivided Acreage $ .80 per Acre
28 Except that not more than $1,500 shall be assessed
29 against any one vacant parcel.
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1 Whenever a residential unit is located on a parcel defined
2 herein as vacant, the residential plot shall be considered as
3 one lot or 1 acre, with the balance of the parcel being
4 assessed as vacant land in accordance with the schedule
5 herein. Whenever an agricultural or commercial building or
6 structure is located on a parcel defined herein as vacant, the
7 building or structure shall be assessed in accordance with the
8 schedule of commercial/industrial assessments.
9 (2) Residential parcels shall include all parcels
10 which are developed for residential purposes and are usually
11 classified by the property appraiser as use code types 01
12 through 08 and 28. All residential parcels shall be assessed
13 by the number of square feet of structures located on the
14 parcel. Mobile homes shall be assessed by the number of units
15 located on the parcel. Surcharges may be assigned by the
16 district for dwellings located on the third or higher floors.
17 The maximum annual assessment for these parcels shall be:
18 (a) Single Family Residential: The base assessment
19 for all buildings and structures shall be $69 for the first
20 1,000 square feet on a parcel. The schedule for all square
21 footage above 1,000 square feet is $.05 per square foot.
22 (b) Condominia Residential: The base assessment for
23 all buildings and structures shall be $69 for the first 1,000
24 square feet on a parcel. The schedule for all square footage
25 above 1,000 square feet is $.05 per square foot.
26 Mobile Homes (Use Code 02) $65.70 per Unit/Space
27 Multifamily Residential (Use Codes 03 and 08)
28 Cooperatives (Use Code 05),
29 Retirement Homes (Use Code 06),
30 And Miscellaneous Residential Uses
31 (Use Code 07) $78.90 per Unit/Space
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1 Any Other Residential Unit,
2 Travel Trailer Parks $52.60 per Unit/Space
3 Mobile Home Parks (Use Code 28) $53.10 per Unit/Space
4 (3) Commercial/Industrial: The base assessment for
5 all buildings and structures shall be $348.60 for the first
6 1,000 square feet on a parcel. The schedule for all square
7 footage above 1,000 square feet is as follows:
8 Category Use Codes Sq. Ft. Assessment
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10 Mercantile (M) 11,12,13,14,15,16,29 $.09
11 Business (B) 17,18,19,22,23,24,25,
12 26,30,36 $.08
13 Assembly (A) 21,31,32,33,34,35,37,
14 38,39,76,77,79 $.08
15 Factory/ 41,44,45,46,47 $.10
16 Industrial (F)
17 Storage (S) 20,27,28,49 $.10
18 Hazardous (H) 42,43,48 $.13
19 Institutional (I) 70,73,74,75,78 $.08
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21 Agricultural storage building located on parcels that are
22 bonafide commercial agriculture, as determined by the property
23 appraiser's office, shall be fire tax assessed at $.020 per
24 square foot.
25 Section 9. User charges.--
26 (1) The board may provide a reasonable schedule of
27 charges for special emergency services, including
28 firefighting, occurring in or to structures outside the
29 district, motor vehicles, marine vessels, aircraft, or rail
30 cars, or as a result of the operation of such motor vehicles
31 or marine vessels, to which the district is called to render
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1 such emergency service, and may charge a fee for the services
2 rendered in accordance with the schedule.
3 (2) The board may provide a reasonable schedule of
4 charges for fighting fires occurring in or at refuse dumps or
5 as a result of an illegal burn, which fire, dump, or burn is
6 not authorized by general or special law, rule, regulation,
7 order, or ordinance, and which the district is called upon to
8 fight or extinguish.
9 (3) The board may provide a reasonable schedule of
10 charges for responding to or assisting or mitigating
11 emergencies that either threaten or could threaten the health
12 and safety of persons, property, or the environment, to which
13 the district has been called, including a charge for
14 responding to false alarms.
15 (4) The board may provide a reasonable schedule of
16 charges for inspecting structures, plans, and equipment to
17 determine compliance with firesafety codes and standards.
18 (5) The district shall have a lien upon any real
19 property, motor vehicle, marine vessel, aircraft, or rail car
20 for any charge assessed under this section.
21 Section 10. Impact fees.--The board shall establish a
22 schedule of impact fees in compliance with any standards set
23 by general law for new construction to pay for the cost of new
24 facilities and equipment, the need for which is in whole or in
25 part the result of new construction. The impact fees
26 collected by the district under this section shall be kept
27 separate from other revenues of the district and must be used
28 exclusively to acquire, purchase, or construct new facilities
29 or portions thereof needed to provide fire protection and
30 emergency services to new construction. As used in this
31 section, "new facilities" means land, buildings, and capital
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1 equipment, including, but not limited to, fire and emergency
2 vehicles, radiotelemetry equipment, and other firefighting or
3 rescue equipment. The board shall maintain adequate records
4 to ensure that impact fees are expended only for permissible
5 new facilities or equipment. The board may enter into
6 agreements with general purpose local governments to share in
7 the revenues from fire protection impact fees imposed by such
8 governments.
9 Section 11. Borrowing power of the district.--The
10 district may issue general obligation bonds, assessment bonds,
11 revenue bonds, notes, bond anticipation notes, or other
12 evidences of indebtedness to finance all or a part of any
13 proposed improvements authorized to be undertaken under this
14 act or under general or special law, provided the total annual
15 payments for the principal and interest on such indebtedness
16 do not exceed 50 percent of the total annual budgeted revenues
17 of the district as provided in section 191.012, Florida
18 Statutes.
19 Section 12. Existence.--The district shall exist until
20 dissolved by law. Should any part of the territory covered in
21 the act be held not to be included herein, then this act shall
22 continue in effect as to the balance of said territory.
23 Section 13. Definitions.--
24 (1) "District" means the special fire control
25 district.
26 (2) "Board" and "board of commissioners" mean the
27 board of commissioners of the special fire control district,
28 unless otherwise specified.
29 Section 3. Severability.--If any clause, section, or
30 provision of this act is declared to be unconstitutional or
31 invalid for any cause or reason, the same shall be eliminated
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1 from this act, and the remaining portion of said act shall be
2 in force and effect and be as valid as if such invalid portion
3 thereof had not been incorporated therein.
4 Section 4. Liberal interpretation.--The provisions of
5 this act shall be liberally construed in order to effectively
6 carry out the purposes of this act in the interest of the
7 public and safety.
8 Section 5. Chapters 85-454, 88-488, 90-455, 91-396,
9 93-395, 94-417, and 95-461, Laws of Florida, are repealed.
10 Section 6. Repeal of conflicting laws.--All laws or
11 parts of laws in conflict herewith are, to the extent of such
12 conflict, hereby repealed.
13 Section 7. Codification.--This act shall satisfy the
14 requirements of section 191.015, Florida Statutes.
15 Section 8. This act shall take effect upon becoming a
16 law.
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