HOUSE AMENDMENT
Bill No. HB 1183
Amendment No. 01 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on Local Government & Veterans Affairs offered
12 the following:
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14 Amendment
15 Remove from the bill: Everything after the enacting clause
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17 and insert in lieu thereof:
18 Section 1. Pursuant to section 191.015, Florida
19 Statutes, this act constitutes the codification of all special
20 acts relating to the Englewood Area Fire Control District. It
21 is the intent of the Legislature in enacting this law to
22 provide a single, comprehensive special act charter for the
23 district, including all current legislative authority granted
24 to the district by its several legislative enactments, and to
25 conform the charter to chapter 191, Florida Statutes, the
26 Independent Special Fire Control District Act, and other
27 provisions of general law.
28 Section 2. Chapters 69-597, 70-518, 75-503, 82-381,
29 82-418, 83-524, and 90-417, Laws of Florida, relating to the
30 Englewood Area Fire Control District, are codified, reenacted,
31 amended, and repealed as herein provided.
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HOUSE AMENDMENT
Bill No. HB 1183
Amendment No. 01 (for drafter's use only)
1 Section 3. The charter for the Englewood Area Fire
2 Control District is re-created and reenacted to read:
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4 ARTICLE I
5 PREAMBLE
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7 Section 1.01. This act establishes a Charter for the
8 Englewood Area Fire Control District, which District was
9 created by chapter 82-381, Laws of Florida. The District shall
10 be deemed created by said chapter for all purposes.
11 Section 1.02. This act supersedes and repeals all
12 previous special acts relating to the Englewood Area Fire
13 Control District and sets forth within this Charter those
14 matters, as applicable, which are covered by such previous
15 special acts. Amendments to the Charter may be made only by
16 special act of the Legislature. This act shall be construed so
17 as to preserve to the District all powers previously granted.
18 Section 1.03. This District is organized and exists
19 for all purposes set forth in this act and in chapters 189 and
20 191, Florida Statutes, as they may be amended from time to
21 time. All provisions of chapters 189 and 191, Florida
22 Statutes, and all power and authority granted thereunder are
23 hereby applicable to the Englewood Area Fire Control District.
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25 ARTICLE II
26 NAME OF DISTRICT
27
28 Section 2.01. The name of the District shall be
29 Englewood Area Fire Control District.
30 Section 2.02. The District shall be an independent
31 special district of the State of Florida and a body corporate
2
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HOUSE AMENDMENT
Bill No. HB 1183
Amendment No. 01 (for drafter's use only)
1 and politic.
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3 ARTICLE III
4 BOUNDARIES OF THE DISTRICT
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6 Section 3.01. The District shall include the following
7 described lands in Sarasota County and Charlotte County:
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9 Sarasota County Legal Description: Begin at the
10 intersection of mean high water line of the
11 Gulf of Mexico on the West shore Manasota Key
12 with the North line of Section 5, Twp. 40 S,
13 Range 19E, Sarasota County, Florida: thence
14 Easterly across Manasota Key to the mean high
15 water line of Lemon Bay; thence Southeasterly
16 along the waters of Lemon Bay to the
17 intersection with the Northerly right of way
18 line of the Manasota Beach Road; thence
19 Northeasterly and Easterly along said Northerly
20 right of way line to the West line of Section
21 10, Twp. 40 S, Range 19E; thence North along
22 said West line of Section 10, Twp. 40 S, Range
23 19E to the Northwest corner of said section;
24 thence Easterly along the North line of
25 Sections 10, 11 and 12, Twp. 40 S, Range 19E,
26 and continue Easterly along the North line of
27 Sections 7, 8, 9, and 10, Twp. 40 S, Range 20 E
28 to the center line of South River Road; thence
29 Southerly and Southwesterly along said center
30 line to the South line of Section 15, Twp. 40
31 S, Range 20 E and the municipal boundary of the
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HOUSE AMENDMENT
Bill No. HB 1183
Amendment No. 01 (for drafter's use only)
1 City of North Port. Thence West along the South
2 line of said Section 15 (also the North Port
3 boundary) to the Southwest corner thereof;
4 thence South along the East line of Sections 21
5 and 28, Twp. 40 S, Range 20 E (also the North
6 Port boundary) to the Southeast corner of said
7 Section 28; thence West along the South line of
8 said Section 28 (also the North Port boundary)
9 to the Northeast corner of the Northwest 1/4 of
10 Section 33, Twp. 40 S, Range 20 E; thence South
11 along the East line of the West 1/2 of Section
12 33 (also the North Port boundary) to the South
13 line of said Section 33; thence West along the
14 South line of Sections 33, 32 and 31, Twp. 40
15 S, Range 20 E and continue West along the South
16 line of Sections 36 and 35, Twp. 40 S, Range 19
17 E, this line being the Sarasota - Charlotte
18 County line to the intersection with the mean
19 high water line of the Gulf of Mexico at the
20 West shoreline of Manasota Key; thence
21 Northerly and Westerly along the mean high
22 water line of the Gulf of Mexico to the
23 intersection with the North line of Section 5,
24 Twp. 40 S, Range 19 E, and the point of
25 beginning.
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27 And expanding the District boundaries to include the following
28 properties:
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30 All lots within Blocks 5, 6, 7, 8, 17, 18, 19,
31 20, 27, 28 and those lots within Blocks 29 and
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HOUSE AMENDMENT
Bill No. HB 1183
Amendment No. 01 (for drafter's use only)
1 30 lying north of Manasota Beach Road, as per
2 plat of Manasota Land & Timber Company, as
3 recorded in Plat Book A, Page 63, Sarasota
4 County; the geographical boundaries being
5 described as:
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7 Beginning at the intersection of the Manasota
8 Beach Bridge and the Intra coastal waterway
9 (mainland side), thence East along the North
10 side of Manasota Beach Road to Alamander
11 Avenue; thence North along the West side of
12 Alamander Avenue to Belvedere Street; thence
13 West along the South side of Belvedere Street
14 to the Intra-Coastal Waterway; thence South
15 along the East shoreline of the Intra-Coastal
16 Waterway to the intersection of the Manasota
17 Beach Bridge and point of beginning.
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19 Charlotte County Legal Description. Beginning
20 at the intersection of the Gulf of Mexico with
21 the North line of Section 2, Twp. 41 S, Range
22 19 E, Charlotte County, Florida; run Easterly
23 along the North line of said township to the
24 Northeast corner of Section 1, Twp. 41 S, Range
25 20 E; thence Southerly along the East line of
26 said Range 20 E, to the Northwest corner of
27 Section 6, Twp. 42 S, Range 21 E; thence
28 Easterly along the North line of said Twp. 42,
29 to the Westerly shore of Charlotte Harbor;
30 thence Southerly and Westerly along Charlotte
31 Harbor to Cape Haze; thence Northwesterly to an
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HOUSE AMENDMENT
Bill No. HB 1183
Amendment No. 01 (for drafter's use only)
1 intersection of the Westerly shore of Turtle
2 Bay with the Northerly shore of Cape Haze -
3 Gasparilla Sound; thence Westerly and
4 Northwesterly along the shores of Cape
5 Haze-Gasparilla Sound, Placida Harbor and Lemon
6 Bay to a point East of Stump Pass; thence
7 Westerly through Stump Pass to an intersection
8 of the Northerly shore of Stump Pass with the
9 Easterly shore of the Gulf of Mexico thence
10 Northwesterly along said shore to the point of
11 beginning.
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13 ARTICLE IV
14 POWERS OF THE DISTRICT
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16 Section 4.01. The District Board of Commissioners
17 shall have the authority and responsibility for and on behalf
18 of the people residing, visiting, or passing through the
19 District to establish, equip, operate, and maintain a fire
20 department and rescue service, including, but not limited to,
21 buildings for housing fire equipment and personnel, training
22 facilities for fire and rescue, and other buildings deemed
23 necessary by the District Board to provide adequate protection
24 from unwanted fire and to carry out rescue operations. The
25 District Board shall have the authority to accept gifts or
26 donations of equipment or money for use by the District. The
27 District shall have the authority to purchase, lease, sell,
28 exchange, or otherwise acquire and dispose of property
29 intended for use by the District and to borrow money, issue
30 bonds, and enter into term indebtedness, provided reputable
31 institutions or companies are used and provided all agreements
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HOUSE AMENDMENT
Bill No. HB 1183
Amendment No. 01 (for drafter's use only)
1 are within the laws of the state. In addition, the District
2 Board shall have the authority to extend its services beyond
3 the District boundaries, provided it is in cooperation with
4 another governmental entity, whether federal, state, county,
5 or municipal.
6 Section 4.02. The District Board shall have the
7 authority to provide a paid staff to carry out its
8 responsibilities. This staff shall serve at the pleasure of
9 the District Board. The District Board shall also have the
10 authority to promulgate rules and regulations related to fire
11 prevention and life safety.
12 Section 4.03. The duties and powers of the Board of
13 Commissioners and the District shall be as set forth in this
14 act and in chapter 191, Florida Statutes, as they may be
15 amended from time to time.
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17 ARTICLE V
18 GOVERNING BOARD
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20 Section 5.01. In accordance with section 191.005,
21 Florida Statutes, the business and affairs of the District
22 shall be conducted and administered by a five-member Board of
23 Fire Commissioners elected pursuant to chapter 191, Florida
24 Statutes, by the electors of the District in a nonpartisan
25 election held at the time and in the manner prescribed for
26 holding general elections in section 189.405, Florida
27 Statutes. Each member of the Board shall be elected for a term
28 of 4 years and shall serve until his or her successor assumes
29 office.
30 Section 5.02. The office of each Board member is
31 designated as a seat on the District, distinguished from each
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HOUSE AMENDMENT
Bill No. HB 1183
Amendment No. 01 (for drafter's use only)
1 of the other seats by a numeral: 1, 2, 3, 4, or 5. Each
2 candidate must designate at the time he or she qualifies the
3 seat on the Board for which he or she is qualifying. The name
4 of each candidate who qualifies shall be included on the
5 ballot in a way that clearly indicates the seat for which he
6 or she is a candidate. The candidate for each seat who
7 receives the most votes shall be elected to the Board.
8 Section 5.03. In accordance with chapter 191, Florida
9 Statutes, each member of the Board must be a qualified elector
10 at the time he or she qualifies and continually throughout his
11 or her term.
12 Section 5.04. Each elected member shall assume office
13 10 days following the member's election. Annually, within 60
14 days after the newly elected members have taken office, the
15 Board shall organize by electing from its members a chair, a
16 vice chair, a secretary, and a treasurer. The positions of
17 secretary and treasurer may be held by one member.
18 Section 5.05. Members of the Board may each be paid a
19 salary or an honorarium to be determined by at least a
20 majority plus one vote of the Board pursuant to chapter 191,
21 Florida Statutes. In addition, members may be reimbursed for
22 travel and per diem expenses as provided in section 112.061,
23 Florida Statutes.
24 Section 5.06. If a vacancy occurs on the Board due to
25 the resignation, death, or removal of a Board member or the
26 failure of anyone to qualify for a Board seat, the remaining
27 members may appoint a qualified person to fill the seat until
28 the next general election, at which time an election shall be
29 held to fill the vacancy for the remaining term, if any.
30 Section 5.07. The procedures for conducting District
31 elections or referenda or for qualification of electors shall
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HOUSE AMENDMENT
Bill No. HB 1183
Amendment No. 01 (for drafter's use only)
1 be pursuant to chapters 189 and 191, Florida Statutes.
2 Section 5.08. The Board shall have those
3 administrative duties set forth in this act and in chapters
4 189 and 191, Florida Statutes, as they may be amended from
5 time to time.
6 Section 5.09. Requirements for financial disclosure,
7 meeting notices, reporting, public records maintenance, and
8 per diem expenses for officers and employees shall be as set
9 forth in chapters 112, 119, 189, 191, and 286, Florida
10 Statutes, as they may be amended from time to time.
11 Section 5.10. The District's planning requirements
12 shall be as set forth in this act and in chapters 189 and 191,
13 Florida Statutes, as they may be amended from time to time.
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15 ARTICLE VI
16 FINANCES
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18 Section 6.01. The District shall have the right,
19 power, and authority to levy non-ad valorem assessments as
20 defined in section 197.3632, Florida Statutes, against the
21 taxable real estate lying within the territorial boundaries of
22 the District in order to provide funds for the purpose of the
23 District. The rate of such assessments shall be fixed annually
24 by a resolution of the Board of Commissioners after conducting
25 a public hearing. Such non-ad valorem assessments may be
26 imposed, collected, and enforced pursuant to the provisions of
27 sections 197.363 through 197.3635, Florida Statutes.
28 Section 6.02. The methods for assessing and collecting
29 non-ad valorem assessment fees or service charges shall be as
30 set forth in chapter 170, chapter 189, chapter 191, or chapter
31 197, Florida Statutes, as any of these may be amended from
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HOUSE AMENDMENT
Bill No. HB 1183
Amendment No. 01 (for drafter's use only)
1 time to time. In setting assessment rates, the Commissioners
2 shall consider the size of the property, the fire hazard it
3 presents, and the protection provided.
4 Section 6.03. For assessment purposes, all property
5 within the District shall have the following general
6 classifications:
7 (1) Business and/or Commercial.
8 (2) Single-family residence.
9 (3) Duplex residence (2-family).
10 (4) All other multifamily buildings, including
11 condominium and cooperative building or apartment central
12 building.
13 (5) Unimproved subdivided lots.
14 (6) Unsubdivided acreage.
15 (7) Residential trailer space in rental trailer parks.
16 (8) Rental travel space.
17 Section 6.04. The rate of such annual assessments for
18 protection against fire and the furnishing of rescue service
19 shall be fixed annually by a resolution of the Board of Fire
20 Commissioners. The assessments may be increased as provided in
21 chapter 191, Florida Statutes, provided the Board shall
22 determine that such increase is necessary in order to properly
23 carry out the purposes of the District. No increase in excess
24 of that provided in chapter 191, Florida Statutes, shall be
25 permitted unless and until the Board holds the required
26 referendum for increasing said assessments. The District must
27 establish that the increased assessment rate in excess of that
28 amount allowed by statute does not exceed the benefits derived
29 from the furnishing of the services. Any such assessment shall
30 be made only when there has been competent substantial
31 evidence presented to the District establishing that such an
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HOUSE AMENDMENT
Bill No. HB 1183
Amendment No. 01 (for drafter's use only)
1 adjustment in the rate is necessary in order for the District
2 to properly carry out its purposes and establishing that the
3 proposed increase in assessments will not exceed the benefits.
4 In accordance with section 191.011, Florida Statutes, the
5 procedure for increasing the annual assessment rate in excess
6 of that allowed under chapter 191 shall be as follows:
7 (1) Presentation to the Board of competent substantial
8 evidence establishing that the increase in the maximum rate of
9 assessments is necessary in order to carry out the purposes of
10 the District and further establishing that said assessments as
11 increased will not exceed the benefits accruing to the
12 property within the District.
13 (2) Adoption of a resolution setting forth findings of
14 fact and establishing the necessity for the increase in
15 assessment rates, and said resolution shall provide for the
16 calling of a referendum election wherein the question of
17 whether to increase the assessments as recommended by the
18 Board shall be approved.
19 (3) Provided the maximum increase for rate of
20 assessment in chapter 191, Florida Statutes is exceeded, a
21 referendum election shall be held pursuant to the general law
22 governing special elections in the state and, upon
23 certification of the return of the election, the rate of
24 assessment shall be deemed amended if approved by a majority
25 vote of the electors voting in said election.
26 Section 6.05. Assessments shall be a lien upon the
27 land so assessed, along with the county taxes assessed against
28 the same until said assessments and taxes have been paid and,
29 if the same becomes delinquent, shall be considered a part of
30 the county tax, subject to the same penalties, charges, fees,
31 and remedies for enforcement and collection as provided by the
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HOUSE AMENDMENT
Bill No. HB 1183
Amendment No. 01 (for drafter's use only)
1 laws of the state for the collection of such taxes.
2 Section 6.06. The Board shall establish a schedule of
3 impact fees in accordance with section 191.009(4), Florida
4 Statutes, and with any standard set by general law for new
5 construction to pay for the cost of new facilities and
6 equipment, the need for which is in whole or in part the
7 result of new construction. The impact fees collected by the
8 District under this section shall be kept separate from the
9 revenues of the District and must be used exclusively to
10 acquire, purchase, or construct new facilities or portions
11 thereof needed to provide fire protection and emergency
12 services to new construction. As used in this section, "new
13 facilities" means lands, buildings, and capital equipment,
14 including, but not limited to, fire and emergency vehicles,
15 radio telemetry equipment, and other firefighting or rescue
16 equipment. The Board shall maintain adequate records to ensure
17 that impact fees are expended only for permissible new
18 facilities or new equipment. The Board may enter into
19 agreements with general-purpose local governments to share in
20 the revenue from fire protection impact fees imposed by such
21 governments. For impact fee purposes, all property within the
22 District shall have the classification of residential or
23 commercial.
24 Section 6.07. The Board may provide a reasonable
25 schedule of charges for special emergency services, including
26 firefighting occurring in or to structures outside the
27 District, motor vehicles, marine vessels, aircraft, or rail
28 cars, or as a result of the operation of such motor vehicles
29 or marine vessels to which the District is called to render
30 emergency service, and may charge a fee for the services
31 rendered in accordance with the schedule developed and
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HOUSE AMENDMENT
Bill No. HB 1183
Amendment No. 01 (for drafter's use only)
1 pursuant to chapter 191.009(3), Florida Statutes.
2 Section 6.08. The District may issue general
3 obligation bonds, assessment bonds, revenue bonds, notes, bond
4 anticipation notes, or other evidences of indebtedness to
5 finance all or part of any proposed improvements authorized to
6 be undertaken under this act or under general or special law,
7 provided the total annual payments for the principal and
8 interest of such indebtedness do not exceed 50 percent of the
9 total annual budgeted revenues of the District as provided in
10 section 191.012, Florida Statutes.
11
12 ARTICLE VII
13 MISCELLANEOUS
14
15 Section 7.01. All contracts, obligations, rules,
16 regulations, or policies of any nature existing on the date of
17 enactment of this act shall remain in full force and effect
18 and this act shall in no way affect the validity of such
19 contracts, obligations, rules, regulations, or policies.
20 Section 7.02. This act shall not affect the terms of
21 office of the present District Board, nor shall it affect the
22 terms and conditions of employment of any employees of the
23 District.
24 Section 4. Chapters 69-597, 70-518, 75-503, 82-381,
25 82-418, 83-524, and 90-417, Laws of Florida, are repealed 10
26 days after the effective date of this act.
27 Section 5. It is declared to be the intent of the
28 Legislature that if any section, subsection, sentence, clause,
29 phrase, or portion of this act is, for any reason, held
30 invalid or unconstitutional by a court of competent
31 jurisdiction, such portion shall be deemed to be a separate,
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HOUSE AMENDMENT
Bill No. HB 1183
Amendment No. 01 (for drafter's use only)
1 distinct, and independent provision and such holdings shall
2 not affect the validity of the remaining portions of this act.
3 Section 6. This act shall be construed as a remedial
4 act and the provisions of this act shall be liberally
5 construed in order to effectively carry out the purpose of
6 this act in the interest of the public health, welfare, and
7 safety of the citizens served by the District.
8 Section 7. All laws or part of laws in conflict
9 herewith are, to the extent of such conflict, repealed.
10 Section 8. This act shall take effect upon becoming a
11 law.
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