House Bill 0969e1

CODING: Words stricken are deletions; words underlined are additions.







                                           HB 969, First Engrossed



  1                      A bill to be entitled

  2         An act relating to Manatee County; providing

  3         legislative intent; providing for the inclusion

  4         of certain unincorporated land in Manatee

  5         County into the Braden River Fire Control and

  6         Rescue District; providing for a board of fire

  7         commissioners; providing for the general powers

  8         of the district; providing for exemption from

  9         taxation; providing for special powers to the

10         district; providing for non-ad valorem

11         assessments; providing for a schedule of

12         special assessments; providing for user

13         charges; providing for impact fees; providing

14         for the borrowing power of the district;

15         providing for existence; providing definitions;

16         providing severability; providing for liberal

17         interpretation; providing for repeal of

18         conflicting laws; providing for codification;

19         repealing chapters 85-454, 88-488, 90-455,

20         91-396, 93-395, 94-417, and 95-461, Laws of

21         Florida, relating to the Braden River Fire

22         Control and Rescue District; providing an

23         effective date.

24

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

26

27         Section 1.  Intent.

28         Pursuant to Section 191.015, Florida Statutes, this Act

29  constitutes the codification of all special acts relating to

30  Braden River Fire Control and Rescue District.  It is the

31  intent of the legislature in enacting this law to provide a


                                  1

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 969, First Engrossed



  1  single, comprehensive special act charter for the District

  2  including all current legislative authority granted to the

  3  District by its several legislative enactments and any

  4  additional authority granted by this Act.  It is further the

  5  intent of this Act to preserve all District authority,

  6  including the authority to annually assess and levy against

  7  the taxable property in the District except as provided in

  8  Chapter 191, Florida Statutes, as amended from time to time.

  9         Section 2.  Chapters 85-454, 88-488, 90-455, 91-396,

10  93-395, 94-417, and 95-461, Laws of Florida, are codified,

11  reenacted, amended, and repealed as herein provided.

12         Section 3.  The Braden River Fire Control and Rescue

13  District is re-created and reenacted to read:

14         Section 1.  Incorporation.--Upon the effective date of

15  this act, all of the unincorporated lands in Manatee County,

16  Florida, as described in this act, shall become and be

17  incorporated into and as an independent special fire control

18  district. Said special fire control district shall become and

19  be a public municipal corporation, having the powers and

20  duties herein set forth under the name of Braden River Fire

21  Control and Rescue District.

22         Section 2.  Jurisdiction.--The lands to be incorporated

23  within the Braden River Fire Control and Rescue District are

24  described as follows:

25

26         Begin at the intersection of the centerlines of

27         the Manatee River and the Braden River; thence

28         easterly along the centerline of the Manatee

29         River to the intersection of the Rye Road

30         bridge; thence northerly along the centerline

31         of Rye Road to a point of intersection of the


                                  2

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 969, First Engrossed



  1         North section line of Section 24 Township 34

  2         South, Range 19 East; thence easterly to the

  3         Northeast corner of Section 24; thence

  4         southerly along the east line of said Section

  5         24 to the centerline of Lake Manatee; thence

  6         easterly to S.R. 64; thence westerly along the

  7         centerline of S.R. 64 to old S.R. 675; thence

  8         south along the centerline of S.R. 675 and its

  9         southerly extension to the line dividing

10         Manatee County and Sarasota County which same

11         point being the Southeast corner of Section 33,

12         Township 35 South, Range 20 East; thence

13         westerly along said dividing line to point

14         being the intersection of the line dividing

15         Manatee and Sarasota Counties and the Southerly

16         extension of the West right-of-way line of

17         Interstate I-75, said point being located in

18         Section 36 Township 35 South Range 18 East;

19         thence northerly along said west right-of-way

20         line to the centerline of the Braden River;

21         thence westerly and northerly along said

22         centerline to the centerline of the Manatee

23         River, also being the point of beginning;

24         specifically excluding all lands lying and

25         situate within the corporate limits of the City

26         of Bradenton.

27         Section 3.  District board of commissioners;

28  memberships, officers, meetings.--

29         (1)  The business affairs of the district shall be

30  conducted and administered by a board of five commissioners

31  who shall reside within said district and who shall be elected


                                  3

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 969, First Engrossed



  1  as provided for in accordance with section 191.005, Florida

  2  Statutes.

  3         (2)  Each elected member of the board shall assume

  4  office 10 days following the member's election.  Annually, in

  5  January, and/or within 60 days after the newly elected members

  6  have taken office, the board shall organize by electing from

  7  its members a chair, a vice chair, a secretary, and a

  8  treasurer.  The positions of secretary and treasurer may be

  9  held by one member.  Funds of the district may be disbursed

10  only upon the order or pursuant to resolution of the board, by

11  warrant or check signed by the treasurer or other person

12  authorized by the board.  However, a petty cash account may be

13  authorized by the board.  The board may give the treasurer

14  additional powers and duties that it deems appropriate.

15         (3)  Members of the board may each be paid a salary or

16  honorarium to be determined by at least a majority plus one

17  vote of the board, which salary or honorarium may not exceed

18  $500 per month for each member.  Special notice of any meeting

19  at which the board will consider a salary change for board

20  members shall be published at least once, at least 14 days

21  prior to the meeting, in a newspaper of general circulation in

22  the county in which the district is located.  Separate

23  compensation for the board member serving as treasurer may be

24  authorized by like vote so long as total compensation for the

25  board member does not exceed $500 per month.  Members may be

26  reimbursed for travel and per diem expenses as provided for in

27  section 112.061, Florida Statutes.

28         (4)  If a vacancy occurs on the board due to the

29  resignation, death, or removal of a board member or the

30  failure of anyone to qualify for a board seat, the remaining

31  members may appoint a qualified person to fill the seat until


                                  4

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 969, First Engrossed



  1  the next general election, at which time an election shall be

  2  held to fill the vacancy for the remaining term, if any.  The

  3  board shall remove any member who has three consecutive,

  4  unexcused absences from regularly scheduled meetings.  The

  5  board shall adopt policies by resolution defining excused and

  6  unexcused absences.

  7         (5)  Each member shall, upon assuming office, take and

  8  subscribe to the oath of office prescribed by s. 5(b), Art. II

  9  of the State Constitution and section 876.05, Florida

10  Statutes.  Each member, within 30 days after assuming office,

11  must give the Governor a good and sufficient surety bond in

12  the sum of $5,000, the cost thereof being borne by the

13  district, conditioned on the member's faithful performance of

14  his or her duties of office.

15         (6)  The board shall keep a permanent record book

16  entitled "Record of Proceedings of (name of district)," in

17  which the minutes of all meetings, resolutions, proceedings,

18  certificates, bonds given by commissioners, and corporate acts

19  shall be recorded.  The record book shall be open to

20  inspection in the same manner as state, county, and municipal

21  records are open under chapter 119, Florida Statutes, and s.

22  24, Art. I of the State Constitution.  The record book shall

23  be kept at the office or other regular place of business

24  maintained by the board in the county or municipality in which

25  the district is located.

26         (7)  All meetings of the board shall be open to the

27  public consistent with chapter 286, Florida Statutes, section

28  189.417, Florida Statutes, and other applicable general laws.

29         Section 4.  General powers.--The district shall have,

30  and the board may exercise by majority vote, the following

31  powers:


                                  5

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 969, First Engrossed



  1         (1)  To sue and be sued in the name of the district, to

  2  adopt and use a seal and authorize the use of a facsimile

  3  thereof, and to make and execute contracts and other

  4  instruments necessary or convenient to the exercise of its

  5  powers.

  6         (2)  To provide for a pension or retirement plan for

  7  its employees.  Notwithstanding the prohibition against extra

  8  compensation as provided in section 215.425, Florida Statutes,

  9  the board may provide for an extra compensation program,

10  including a lump-sum bonus payment program, to reward

11  outstanding employees whose performances exceed standard, if

12  the program provides that a bonus payment may not be included

13  in an employee's regular base rate of pay and may not be

14  carried forward in subsequent years.

15         (3)  To contract for the services of consultants to

16  perform planning, engineering, legal, or other professional

17  services.

18         (4)  To borrow money and accept gifts, to apply for and

19  use grants or loans of money or other property from the United

20  States, the state, a unit of local government, or any person

21  for any district purposes, and enter into agreements required

22  in connection therewith, and to hold, use, sell, and dispose

23  of such moneys or property for any district purpose in

24  accordance with the terms of the gift, grant, loan, or

25  agreement relating thereto.

26         (5)  To adopt resolutions and procedures prescribing

27  the powers, duties, and functions of the officers of the

28  district, the conduct of the business of the district, the

29  maintenance of records, and the form of other documents and

30  records of the district.  The board may also adopt ordinances

31  and resolutions that are necessary to conduct district


                                  6

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 969, First Engrossed



  1  business, if such ordinances do not conflict with any

  2  ordinances of a local general purpose government within whose

  3  jurisdiction the district is located.  Any resolution or

  4  ordinance adopted by the board and approved by referendum vote

  5  of district electors may only be repealed by referendum vote

  6  of district electors.

  7         (6)  To maintain an office at places it designates

  8  within a county or municipality in which the district is

  9  located and appoint an agent of record.

10         (7)  To acquire, by purchase, lease, gift, dedication,

11  devise, or otherwise, real and personal property or any estate

12  therein for any purpose authorized by this act and to trade,

13  sell, or otherwise dispose of surplus real or personal

14  property.  The board may purchase equipment by an installation

15  sales contract if funds are available to pay the current

16  year's installments on the equipment and to pay the amounts

17  due that year on all other installments and indebtedness.

18         (8)  To hold, control, and acquire by donation or

19  purchase any public easement, dedication to public use,

20  platted reservation for public purposes, or reservation for

21  those purposes authorized by this act consistent with

22  applicable adopted local government comprehensive plans and

23  land development regulations.

24         (9)  To lease to or from any person, firm, corporation,

25  association, or body, public or private, any facility or

26  property of any nature for the use of the district when

27  necessary to carry out the district duties and authority under

28  this act.

29         (10)  To borrow money and issue bonds, revenue

30  anticipation notes, or certificates payable from and secured

31  by a pledge of funds, revenues, taxes and assessments,


                                  7

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 969, First Engrossed



  1  warrants, notes, or other evidence of indebtedness, and

  2  mortgage real and personal property when necessary to carry

  3  out the district's duties and authority under this act.

  4         (11)  To charge user and impact fees authorized by

  5  resolution of the board, in amounts necessary to conduct

  6  district activities and services, and to enforce their receipt

  7  and collection in the manner prescribed by resolution and

  8  authorized by law.  However, the imposition of impact fees may

  9  only be authorized as provided by section 191.009(4), Florida

10  Statutes.

11         (12)  To exercise the right and power of eminent

12  domain, pursuant to chapter 73, Florida Statutes, or chapter

13  74, Florida Statutes, over any property within the district,

14  except municipal, county, state, special district, or federal

15  property used for a public purpose, for the uses and purposes

16  of the district relating solely to the establishment and

17  maintenance of fire stations and fire substations,

18  specifically including the power to take easements that serve

19  such facilities consistent with applicable adopted local

20  government comprehensive plans and land development

21  regulations.

22         (13)  To cooperate or contract with other persons or

23  entities, including other governmental agencies, as necessary,

24  convenient, incidental, or proper in connection with providing

25  effective mutual aid and furthering any power, duty, or

26  purpose authorized by this act.

27         (14)  To assess and impose upon real property in the

28  district non-ad valorem assessments as authorized by this act.

29         (15)  To impose and foreclose non-ad valorem assessment

30  liens as provided by this act or to impose, collect, and

31


                                  8

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 969, First Engrossed



  1  enforce non-ad valorem assessments pursuant to chapter 197,

  2  Florida Statutes.

  3         (16)  To select as a depository for its funds any

  4  qualified public depository as defined in section 280.02,

  5  Florida Statutes, which meets all the requirements of chapter

  6  280, Florida Statutes, and has been designated by the State

  7  Treasurer as a qualified public depository, upon such terms

  8  and conditions as to the payment of the interest upon the

  9  funds deposited as the board deems just and reasonable.

10         (17)  To provide adequate insurance on all real and

11  personal property, equipment, employees, volunteer

12  firefighters, and other personnel.

13         (18)  To organize, participate in, and contribute

14  monetarily to organizations or associations relating to the

15  delivery of or improvement of fire control, prevention,

16  emergency rescue services, or district administration.

17         Section 5.  Exemption from taxation.--Since the

18  exercise of the powers conferred by this act constitutes

19  action by a political subdivision performing essential public

20  functions and since the property of each district constitutes

21  public property used for public purposes, all assets and

22  properties of the district, including property acquired

23  through the foreclosure of any tax or assessment lien, are

24  exempt from all taxes imposed by the state or any political

25  subdivision, agency, or instrumentality of the state.

26         Section 6.  Special powers.--The district shall provide

27  for fire suppression and prevention by establishing and

28  maintaining fire stations and fire substations and acquiring

29  and maintaining such firefighting and fire protection

30  equipment deemed necessary to prevent or fight fires.  All

31  construction shall be in compliance with applicable state,


                                  9

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 969, First Engrossed



  1  regional, and local regulations, including adopted

  2  comprehensive plans and land development regulations.  The

  3  board shall have and may exercise any or all of the following

  4  special powers relating to facilities and duties authorized by

  5  this act:

  6         (1)  Establish and maintain emergency medical and

  7  rescue response services and acquire and maintain rescue,

  8  medical, and other emergency equipment, pursuant to the

  9  provisions of chapter 401, Florida Statutes, and any

10  certificate of public convenience and necessity or its

11  equivalent issued thereunder.

12         (2)  Employ, train, and equip such personnel, and

13  train, coordinate, and equip such firefighters and volunteer

14  firefighters as are necessary to accomplish the duties of the

15  district.  The board may employ and fix the compensation of a

16  fire chief or chief administrator, who shall reside within the

17  district.  The board shall prescribe the duties of such

18  person, which shall include supervision and management of the

19  operations of the district and its employees and maintenance

20  and operation of its facilities and equipment.  The fire chief

21  or chief administrator may employ or terminate the employment

22  of such other persons including, without limitation,

23  professional, supervisory, administrative, maintenance, and

24  clerical employees, as are necessary and authorized by the

25  board.  The compensation and other conditions of employment of

26  the officers and employees of the district shall be provided

27  by the board.

28         (3)  Conduct public education to promote awareness of

29  methods to prevent fires and reduce the loss of life and

30  property from fires or other public safety concerns.

31


                                  10

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 969, First Engrossed



  1         (4)  Adopt and enforce fire safety standards and codes

  2  and enforce the rules of the State Fire Marshal consistent

  3  with the exercise of the duties authorized by chapter 553,

  4  Florida Statutes, or chapter 633, Florida Statutes, with

  5  respect to fire suppression, prevention, and firesafety code

  6  enforcement.

  7         (5)  Conduct arson investigations and cause-and-origin

  8  investigations.

  9         (6)  Adopt hazardous material safety plans and

10  emergency response plans in coordination with the county

11  emergency management agency as provided for in chapter 252,

12  Florida Statutes.

13         (7)  Contract with general purpose local government for

14  emergency management planning and services.

15         Section 7.  Taxes, non-ad valorem assessments; impact

16  fees; and user charges.--

17         (1)  The district shall have the right, power, and

18  authority to  levy non-ad valorem assessments as defined in

19  section 197.3632, Florida Statutes, to construct, operate, and

20  maintain district facilities and services.  The rate of such

21  assessments must be fixed by resolution of the board pursuant

22  to the procedures contained in section 191.011, Florida

23  Statutes.  Non-ad valorem assessment rates set by the board

24  may exceed the maximum rates established by special act, the

25  previous year's resolution, or referendum in an amount not to

26  exceed the average annual growth rate in Florida personal

27  income over the previous 5 years.  Non-ad valorem assessment

28  rate increases within the personal income threshold are deemed

29  to be within the maximum rate authorized by law at the time of

30  initial imposition.  Proposed non-ad valorem assessment

31  increases which exceed the rate set the previous fiscal year


                                  11

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 969, First Engrossed



  1  or the rate previously set by special act by more than the

  2  average annual growth rate in Florida personal income over the

  3  last 5 years must be approved by referendum of the electors of

  4  the district.  Non-ad valorem assessments shall be imposed,

  5  collected, and enforced pursuant to section 191.011, Florida

  6  Statutes.

  7         (2)  The district shall provide to the county property

  8  appraiser a notice of fire tax rates as adopted by resolution

  9  not later than June 1 of each year.  The county property

10  appraiser shall then furnish to the commissioners of the

11  district a tax roll covering all taxable properties with the

12  tax rate levy placed on each parcel of property by July 1,

13  which tax roll is consistent with and as set forth by section

14  193.1142, Florida Statutes.  Not later than 21 days after

15  receipt of the tax roll from the county property appraiser,

16  the district shall return the tax roll, having first checked

17  and noted any corrections or adjustments to the fire tax levy

18  against each parcel of property.

19         (3)  Prior to adopting a rate of assessment, the board

20  of commissioners of the district shall properly advertise and

21  hold a public hearing with respect to the proposed rate of

22  assessment.  At such hearing, any property owner in the

23  district shall have the right to file written protest and/or

24  testify at such hearing regarding the proposed rate of

25  assessment.  After due consideration of all comments or

26  protests, the board of commissioners shall adopt a resolution

27  specifying the rate of assessment on all taxable property.

28         (4)  The board of commissioners of the district shall,

29  not earlier than 30 days or later than 45 days after the

30  mailing of the notice of proposed property taxes as required

31  by section 194.011(1), Florida Statutes, hold a properly


                                  12

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 969, First Engrossed



  1  advertised public hearing to hear appeals from any property

  2  owner in the district with respect to the method of

  3  calculation and/or the amount of fire tax levied against a

  4  parcel of land.  Within 20 calendar days after the conclusion

  5  of the public hearing to hear appeals, the board of

  6  commissioners of the district shall notify all concerned

  7  parties and the county property appraiser in writing of its

  8  decision.  The decision shall include reasons for granting or

  9  denying the appeal.

10         (5)  The county property appraiser shall then include

11  the assessments thus made by the board of commissioners of the

12  district in the Manatee County tax roll and the same shall be

13  collected in the manner and form as is provided for the

14  collection of county taxes and paid over by the county tax

15  collector to the board of commissioners.

16         (6)  Such special assessments shall be a lien upon the

17  land so assessed along with the county taxes assessed against

18  the same until said assessments have been paid, and, if the

19  same become delinquent, shall be considered a part of the

20  county tax subject to the same penalties, fees, and remedies

21  for enforcement and collection, and shall be enforced and

22  collected as provided by the laws of the state for the

23  collection of such taxes.

24         Section 8.  Schedule of special assessments.--The

25  assessment procedures and amounts, as set forth herein,

26  represent the manner to be followed and the maximum allowable

27  rates the district may charge but shall not exceed, except as

28  provided in section 191.009(2), Florida Statutes.  For

29  assessment purposes, all property within the district shall be

30  divided into three general classifications: vacant parcels,

31  residential parcels, and commercial/industrial parcels.


                                  13

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 969, First Engrossed



  1         (1)  Vacant parcels shall include all parcels which are

  2  essentially undeveloped and are usually classified by the

  3  property appraiser as use code types 00, 10, 40, 99, and 50

  4  through 69.  The maximum annual assessment for these parcels

  5  shall be:

  6

  7         Vacant Platted Lot     $6.50 per Lot

  8         Unsubdivided Acreage   $ .80 per Acre

  9         Except that not more than $1,500 shall be assessed

10         against any one vacant parcel.

11

12  Whenever a residential unit is located on a parcel defined

13  herein as vacant, the residential plot shall be considered as

14  one lot or 1 acre, with the balance of the parcel being

15  assessed as vacant land in accordance with the schedule

16  herein. Whenever an agricultural or commercial building or

17  structure is located on a parcel defined herein as vacant, the

18  building or structure shall be assessed in accordance with the

19  schedule of commercial/industrial assessments.

20         (2)  Residential parcels shall include all parcels

21  which are developed for residential purposes and are usually

22  classified by the property appraiser as use code types 01

23  through 08 and 28.  All residential parcels shall be assessed

24  by the number of square feet of structures located on the

25  parcel.  Mobile homes shall be assessed by the number of units

26  located on the parcel. Surcharges may be assigned by the

27  district for dwellings located on the third or higher floors.

28  The maximum annual assessment for these parcels shall be:

29         (a)  Single Family Residential:  The base assessment

30  for all buildings and structures shall be $69 for the first

31


                                  14

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 969, First Engrossed



  1  1,000 square feet on a parcel.  The schedule for all square

  2  footage above 1,000 square feet is $.05 per square foot.

  3         (b)  Condominia Residential:  The base assessment for

  4  all buildings and structures shall be $69 for the first 1,000

  5  square feet on a parcel.  The schedule for all square footage

  6  above 1,000 square feet is $.05 per square foot.

  7    Mobile Homes (Use Code 02)              $65.70 per Unit/Space

  8    Multifamily Residential (Use Codes 03 and 08)

  9    Cooperatives (Use Code 05),

10    Retirement Homes (Use Code 06),

11    And Miscellaneous Residential Uses

12      (Use Code 07)                         $78.90 per Unit/Space

13    Any Other Residential Unit,

14    Travel Trailer Parks                    $52.60 per Unit/Space

15    Mobile Home Parks (Use Code 28)         $53.10 per Unit/Space

16         (3)  Commercial/Industrial:  The base assessment for

17  all buildings and structures shall be $348.60 for the first

18  1,000 square feet on a parcel.  The schedule for all square

19  footage above 1,000 square feet is as follows:

20      Category                 Use Codes       Sq. Ft. Assessment

21

22      Mercantile (M)      11,12,13,14,15,16,29       $.09

23      Business (B)        17,18,19,22,23,24,25,

24                          26,30,36                   $.08

25      Assembly (A)        21,31,32,33,34,35,37,

26                          38,39,76,77,79             $.08

27      Factory/            41,44,45,46,47             $.10

28        Industrial (F)    

29      Storage (S)         20,27,28,49                $.10

30      Hazardous (H)       42,43,48                   $.13

31      Institutional (I)   70,73,74,75,78             $.08


                                  15

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 969, First Engrossed



  1

  2  Agricultural storage building located on parcels that are

  3  bonafide commercial agriculture, as determined by the property

  4  appraiser's office, shall be fire tax assessed at $.020 per

  5  square foot.

  6         Section 9.  User charges.--

  7         (1)  The board may provide a reasonable schedule of

  8  charges for special emergency services, including

  9  firefighting, occurring in or to structures outside the

10  district, motor vehicles, marine vessels, aircraft, or rail

11  cars, or as a result of the operation of such motor vehicles

12  or marine vessels, to which the district is called to render

13  such emergency service, and may charge a fee for the services

14  rendered in accordance with the schedule.

15         (2)  The board may provide a reasonable schedule of

16  charges for fighting fires occurring in or at refuse dumps or

17  as a result of an illegal burn, which fire, dump, or burn is

18  not authorized by general or special law, rule, regulation,

19  order, or ordinance, and which the district is called upon to

20  fight or extinguish.

21         (3)  The board may provide a reasonable schedule of

22  charges for responding to or assisting or mitigating

23  emergencies that either threaten or could threaten the health

24  and safety of persons, property, or the environment, to which

25  the district has been called, including a charge for

26  responding to false alarms.

27         (4)  The board may provide a reasonable schedule of

28  charges for inspecting structures, plans, and equipment to

29  determine compliance with firesafety codes and standards.

30

31


                                  16

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 969, First Engrossed



  1         (5)  The district shall have a lien upon any real

  2  property, motor vehicle, marine vessel, aircraft, or rail car

  3  for any charge assessed under this section.

  4         Section 10.  Impact fees.--The board shall establish a

  5  schedule of impact fees in compliance with any standards set

  6  by general law for new construction to pay for the cost of new

  7  facilities and equipment, the need for which is in whole or in

  8  part the result of new construction.  The impact fees

  9  collected by the district under this section shall be kept

10  separate from other revenues of the district and must be used

11  exclusively to acquire, purchase, or construct new facilities

12  or portions thereof needed to provide fire protection and

13  emergency services to new construction.  As used in this

14  section, "new facilities" means land, buildings, and capital

15  equipment, including, but not limited to, fire and emergency

16  vehicles, radiotelemetry equipment, and other firefighting or

17  rescue equipment.  The board shall maintain adequate records

18  to ensure that impact fees are expended only for permissible

19  new facilities or equipment.  The board may enter into

20  agreements with general purpose local governments to share in

21  the revenues from fire protection impact fees imposed by such

22  governments.

23         Section 11.  Borrowing power of the district.--The

24  district may issue general obligation bonds, assessment bonds,

25  revenue bonds, notes, bond anticipation notes, or other

26  evidences of indebtedness to finance all or a part of any

27  proposed improvements authorized to be undertaken under this

28  act or under general or special law, provided the total annual

29  payments for the principal and interest on such indebtedness

30  do not exceed 50 percent of the total annual budgeted revenues

31


                                  17

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 969, First Engrossed



  1  of the district as provided in section 191.012, Florida

  2  Statutes.

  3         Section 12.  Existence.--The district shall exist until

  4  dissolved by law.  Should any part of the territory covered in

  5  the act be held not to be included herein, then this act shall

  6  continue in effect as to the balance of said territory.

  7         Section 13.  Definitions.--

  8         (1)  "District" means the special fire control

  9  district.

10         (2)  "Board" and "board of commissioners" mean the

11  board of commissioners of the special fire control district,

12  unless otherwise specified.

13         Section 4.  Severability.--If any clause, section, or

14  provision of this act is declared to be unconstitutional or

15  invalid for any cause or reason, the same shall be eliminated

16  from this act, and the remaining portion of said act shall be

17  in force and effect and be as valid as if such invalid portion

18  thereof had not been incorporated therein.

19         Section 5.  Liberal interpretation.--The provisions of

20  this act shall be liberally construed in order to effectively

21  carry out the purposes of this act in the interest of the

22  public and safety.

23         Section 6.  Chapters 85-454, 88-488, 90-455, 91-396,

24  93-395, 94-417, and 95-461, Laws of Florida, are repealed.

25         Section 7.  Repeal of conflicting laws.--All laws or

26  parts of laws in conflict herewith are, to the extent of such

27  conflict, hereby repealed.

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

29  law.

30

31


                                  18