HOUSE AMENDMENT
                                                  Bill No. HB 1183
    Amendment No. 01 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5                                           ORIGINAL STAMP BELOW
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Local Government & Veterans Affairs offered
12  the following:
13  
14         Amendment 
15  Remove from the bill:  Everything after the enacting clause
16  
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31  amended, and repealed as herein provided.
                                  1
    File original & 9 copies    04/12/01                          
    hca0002                     03:24 pm         01183-lgva-842205

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: 3 4 ARTICLE I 5 PREAMBLE 6 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. 24 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 File original & 9 copies 04/12/01 hca0002 03:24 pm 01183-lgva-842205
HOUSE AMENDMENT Bill No. HB 1183 Amendment No. 01 (for drafter's use only) 1 and politic. 2 3 ARTICLE III 4 BOUNDARIES OF THE DISTRICT 5 6 Section 3.01. The District shall include the following 7 described lands in Sarasota County and Charlotte County: 8 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 3 File original & 9 copies 04/12/01 hca0002 03:24 pm 01183-lgva-842205
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. 26 27 And expanding the District boundaries to include the following 28 properties: 29 30 All lots within Blocks 5, 6, 7, 8, 17, 18, 19, 31 20, 27, 28 and those lots within Blocks 29 and 4 File original & 9 copies 04/12/01 hca0002 03:24 pm 01183-lgva-842205
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: 6 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. 18 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 5 File original & 9 copies 04/12/01 hca0002 03:24 pm 01183-lgva-842205
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. 12 13 ARTICLE IV 14 POWERS OF THE DISTRICT 15 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 6 File original & 9 copies 04/12/01 hca0002 03:24 pm 01183-lgva-842205
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. 16 17 ARTICLE V 18 GOVERNING BOARD 19 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 7 File original & 9 copies 04/12/01 hca0002 03:24 pm 01183-lgva-842205
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 8 File original & 9 copies 04/12/01 hca0002 03:24 pm 01183-lgva-842205
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. 14 15 ARTICLE VI 16 FINANCES 17 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 9 File original & 9 copies 04/12/01 hca0002 03:24 pm 01183-lgva-842205
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 10 File original & 9 copies 04/12/01 hca0002 03:24 pm 01183-lgva-842205
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 11 File original & 9 copies 04/12/01 hca0002 03:24 pm 01183-lgva-842205
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 12 File original & 9 copies 04/12/01 hca0002 03:24 pm 01183-lgva-842205
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, 13 File original & 9 copies 04/12/01 hca0002 03:24 pm 01183-lgva-842205
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. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 14 File original & 9 copies 04/12/01 hca0002 03:24 pm 01183-lgva-842205