Senate Bill sb2348

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    Florida Senate - 2001        (NP)                      SB 2348

    By Senator Carlton





    24-772-01                                               See HB

  1                      A bill to be entitled

  2         An act relating to the Englewood Area Fire

  3         Control District in Sarasota and Charlotte

  4         Counties; codifying, reenacting, amending, and

  5         repealing special laws relating to the

  6         district; providing that the district is an

  7         independent special district; providing

  8         legislative intent; providing for applicability

  9         of chapters 191 and 189, Florida Statutes, and

10         other general laws; providing a district

11         charter; providing boundaries; providing for a

12         district board; providing authority of the

13         board; providing for staff; providing duties

14         and powers of the board; providing for

15         elections to the board; providing salary of

16         board members; providing for removal of board

17         members; providing for revenue raising;

18         providing for the levying of non-ad valorem

19         assessments; providing for capital improvement

20         impact fees; providing severability; providing

21         for liberal construction; providing that this

22         act shall take precedence over any conflicting

23         law to the extent of such conflict; providing

24         an effective date.

25

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

27

28         Section 1.  Pursuant to section 191.015, Florida

29  Statutes, this act constitutes the codification of all special

30  acts relating to the Englewood Area Fire Control District. It

31  is the intent of the Legislature in enacting this law to

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    Florida Senate - 2001        (NP)                      SB 2348
    24-772-01                                               See HB




  1  provide a single, comprehensive special act charter for the

  2  district, including all current legislative authority granted

  3  to the district by its several legislative enactments, and to

  4  conform the charter to chapter 191, Florida Statutes, the

  5  Independent Special Fire Control District Act, and other

  6  provisions of general law.

  7         Section 2.  Chapters 82-381, 82-418, 83-524, and

  8  90-417, Laws of Florida, relating to the Englewood Area Fire

  9  Control District, are codified, reenacted, amended, and

10  repealed as herein provided.

11         Section 3.  The charter for the Englewood Area Fire

12  Control District is re-created and reenacted to read:

13

14                            ARTICLE I

15                             PREAMBLE

16

17         Section 1.01.  This act establishes a Charter for the

18  Englewood Area Fire Control District, which District was

19  created by chapter 82-381, Laws of Florida. The District shall

20  be deemed created by said chapter for all purposes.

21         Section 1.02.  This act supersedes and repeals all

22  previous special acts relating to the Englewood Area Fire

23  Control District and sets forth within this Charter those

24  matters, as applicable, which are covered by such previous

25  special acts. Amendments to the Charter may be made only by

26  special act of the Legislature. This act shall be construed so

27  as to preserve to the District all powers previously granted.

28         Section 1.03.  This District is organized and exists

29  for all purposes set forth in this act and in chapters 189 and

30  191, Florida Statutes, as they may be amended from time to

31  time. All provisions of chapters 189 and 191, Florida

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    Florida Senate - 2001        (NP)                      SB 2348
    24-772-01                                               See HB




  1  Statutes, and all power and authority granted thereunder are

  2  hereby applicable to the Englewood Area Fire Control District.

  3

  4                            ARTICLE II

  5                         NAME OF DISTRICT

  6

  7         Section 2.01.  The name of the District shall be

  8  Englewood Area Fire Control District.

  9         Section 2.02.  The District shall be an independent

10  special district of the State of Florida and a body corporate

11  and politic.

12         Section 2.03.  The District shall be a fire control and

13  rescue district and shall have no responsibility for providing

14  ambulance or similar emergency services within the District's

15  boundaries. It is the purpose of this act to provide for fire

16  and rescue services only and to exclude ambulance and similar

17  services.

18

19                           ARTICLE III

20                    BOUNDARIES OF THE DISTRICT

21

22         Section 3.01.  The District shall include the following

23  described lands in Sarasota County and Charlotte County:

24

25         Sarasota County Legal Description: Begin at the

26         intersection of mean high water line of the

27         Gulf of Mexico on the West shore Manasota Key

28         with the North line of Section 5, Twp. 40 S,

29         Range 19E, Sarasota County, Florida: thence

30         Easterly across Manasota Key to the mean high

31         water line of Lemon Bay; thence Southeasterly

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    Florida Senate - 2001        (NP)                      SB 2348
    24-772-01                                               See HB




  1         along the waters of Lemon Bay to the

  2         intersection with the Northerly right of way

  3         line of the Manasota Beach Road; thence

  4         Northeasterly and Easterly along said Northerly

  5         right of way line to the West line of Section

  6         10, Twp. 40 S, Range 19E; thence North along

  7         said West line of Section 10, Twp. 40 S, Range

  8         19E to the Northwest corner of said section;

  9         thence Easterly along the North line of

10         Sections 10, 11 and 12, Twp. 40 S, Range 19E,

11         and continue Easterly along the North line of

12         Sections 7, 8, 9, and 10, Twp. 40 S, Range 20 E

13         to the center line of South River Road; thence

14         Southerly and Southwesterly along said center

15         line to the South line of Section 15, Twp. 40

16         S, Range 20 E and the municipal boundary of the

17         City of North Port. Thence West along the South

18         line of said Section15 (also the North Port

19         boundary) to the Southwest corner thereof;

20         thence South along the East line of Sections 21

21         and 28, Twp. 40 S, Range 20 E (also the North

22         Port boundary) to the Southeast corner of said

23         Section 28; thence West along the South line of

24         said Section 28 (also the North Port boundary)

25         to the Northeast corner of the Northwest 1/4 of

26         Section 33, Twp. 40 S, Range 20 E; thence South

27         along the East line of the West 1/2 of Section

28         33 (also the North Port boundary) to the South

29         line of said Section 33; thence West along the

30         South line of Sections 33, 32 and 31, Twp. 40

31         S, Range 20 E and continue West along the South

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    Florida Senate - 2001        (NP)                      SB 2348
    24-772-01                                               See HB




  1         line of Sections 36 and 35, Twp. 40 S, Range 19

  2         E, this line being the Sarasota - Charlotte

  3         County line to the intersection with the mean

  4         high water line of the Gulf of Mexico at the

  5         West shore line of Manasota Key thence

  6         Northerly and Westerly along the mean high

  7         water line of the Gulf of Mexico to the

  8         intersection with the North line of Section 5,

  9         Twp. 40 S, Range 19 E, and the point of

10         beginning.

11

12  And expanding the District boundaries to include the following

13  properties:

14

15         All lots within Blocks 5, 6, 7, 8, 17, 18, 19,

16         20, 27, 28 and those lots within Blocks 29 and

17         30 lying north of Manasota Beach Road, as per

18         plat of Manasota Land & Timber Company, as

19         recorded in Plat Book _____, Page _____,

20         _________ County; the geographical boundaries

21         being described as:

22

23         Beginning at the intersection of the Manasota

24         Beach Bridge and the Intra coastal waterway

25         (mainland side), thence East along the North

26         side of Manasota Beach Road to Alamander

27         Avenue; thence North along the West side of

28         Alamander Avenue to Belvedere Street; thence

29         West along the South side of Belvedere Street

30         to the Intra-Coastal Waterway; thence South

31         along the East shoreline of the Intra-Coastal

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    Florida Senate - 2001        (NP)                      SB 2348
    24-772-01                                               See HB




  1         Waterway to the intersection of the Manasota

  2         Beach Bridge and point of beginning.

  3

  4         Charlotte County Legal Description. As

  5         beginning that intersection of the Gulf of

  6         Mexico with the North line of Section 2, Twp.

  7         41 S, Range 19 E, Charlotte County, Florida;

  8         run Easterly along the North line of said

  9         township to the Northeast corner of Section 1,

10         Twp. 41 S, Range 20 E; thence Southerly along

11         the East line of said Range 20 E, to the

12         Northwest corner of Section 6, Twp. 42 S, Range

13         21 E; thence Easterly along the North line of

14         said Twp. 42, to the Westerly shore of

15         Charlotte Harbor; thence Southerly and Westerly

16         along Charlotte Harbor to Cape Haze; thence

17         Northwesterly to an intersection of the

18         Westerly shore of Turtle Bay with the Northerly

19         shore of Cape Haze - Gasparilla Sound; thence

20         Westerly and Northwesterly along the shores of

21         Cape Haze-Gasparilla Sound, Placida Harbor and

22         Lemon Bay to a point East of Stump Pass; thence

23         Westerly through Stump Pass to an intersection

24         of the Northerly shore of Stump Pass with the

25         Easterly shore of the Gulf of Mexico thence

26         Northwesterly along said shore to the point of

27         beginning.

28

29                        ARTICLE IV

30                  POWERS OF THE DISTRICT

31

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    Florida Senate - 2001        (NP)                      SB 2348
    24-772-01                                               See HB




  1         Section 4.01.  The District Board of Commissioners

  2  shall have the authority and responsibility for and on behalf

  3  of the people residing, visiting, or passing through the

  4  District to establish, equip, operate, and maintain a fire

  5  department and rescue service, including, but not limited to,

  6  buildings for housing fire equipment and personnel, training

  7  facilities for fire and rescue, and other buildings deemed

  8  necessary by the District Board to provide adequate protection

  9  from unwanted fire and to carry out rescue operations. The

10  District Board shall have the authority to accept gifts or

11  donations of equipment or money for use by the District. The

12  District shall have the authority to purchase, lease, sell,

13  exchange, or otherwise acquire and dispose of property

14  intended for use by the District and to borrow money, issue

15  bonds, and enter into term indebtedness, provided reputable

16  institutions or companies are used and provided all agreements

17  are within the laws of the state. In addition, the District

18  Board shall have the authority to extend its services beyond

19  the District boundaries, provided it is in cooperation with

20  another governmental entity, whether federal, state, county,

21  or municipal.

22         Section 4.02.  The District Board shall have the

23  authority to provide a paid staff to carry out its

24  responsibilities. This staff shall serve at the pleasure of

25  the District Board. The District Board shall also have the

26  authority to promulgate rules and regulations related to fire

27  prevention and life safety.

28         Section 4.03.  The duties and powers of the Board of

29  Commissioners shall be as set forth in this act and in

30  sections 191.006 and 191.008, Florida Statutes, as they may be

31  amended from time to time.

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    Florida Senate - 2001        (NP)                      SB 2348
    24-772-01                                               See HB




  1         Section 4.04.  In accordance with section 191.007,

  2  Florida Statutes, all assets and properties of the District

  3  are exempt from all taxes imposed by the state or any

  4  political subdivision.

  5

  6                            ARTICLE V

  7                         GOVERNING BOARD

  8

  9         Section 5.01.  In accordance with section 191.005,

10  Florida Statutes, the business and affairs of the District

11  shall be conducted and administered by a five-member Board of

12  Fire Commissioners elected pursuant to chapter 191, Florida

13  Statutes, by the electors of the District in a nonpartisan

14  election held at the time and in the manner prescribed for

15  holding general elections in section 189.405, Florida

16  Statutes. Each member of the Board shall be elected for a term

17  of 4 years and shall serve until his or her successor assumes

18  office.

19         Section 5.02.  The office of each Board member is

20  designated as a seat on the District, distinguished from each

21  of the other seats by a numeral: 1, 2, 3, 4, or 5. Each

22  candidate must designate at the time he or she qualifies the

23  seat on the Board for which he or she is qualifying. The name

24  of each candidate who qualifies shall be included on the

25  ballot in a way that clearly indicates the seat for which he

26  or she is a candidate. The candidate for each seat who

27  receives the most votes shall be elected to the Board.

28         Section 5.03.  In accordance with chapter 191, Florida

29  Statutes, each member of the Board must be a qualified elector

30  at the time he or she qualifies and continually throughout his

31  or her term.

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    Florida Senate - 2001        (NP)                      SB 2348
    24-772-01                                               See HB




  1         Section 5.04.  Each elected member shall assume office

  2  10 days following the member's election. Annually, within 60

  3  days after the newly elected members have taken office, the

  4  Board shall organize by electing from its members a chair, a

  5  vice chair, a secretary, and a treasurer. The positions of

  6  secretary and treasurer may be held by one member.

  7         Section 5.05.  Members of the Board may each be paid a

  8  salary or an honorarium to be determined by at least a

  9  majority plus one vote of the Board pursuant to chapter 191,

10  Florida Statutes. In addition, members may be reimbursed for

11  travel and per diem expenses as provided in section 112.061,

12  Florida Statutes.

13         Section 5.06.  If a vacancy occurs on the Board due to

14  the resignation, death, or removal of a Board member or the

15  failure of anyone to qualify for a Board seat, the remaining

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

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

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

19         Section 5.07.  The procedures for conducting District

20  elections or referenda or for qualification of electors shall

21  be pursuant to chapters 189 and 191, Florida Statutes.

22         Section 5.08.  The Board shall have those

23  administrative duties set forth in this act and in chapters

24  189 and 191, Florida Statutes, as they may be amended from

25  time to time.

26         Section 5.09.  Requirements for financial disclosure,

27  meeting notices, reporting, public records maintenance, and

28  per diem expenses for officers and employees shall be as set

29  forth in chapters 112, 119, 189, 191, and 286, Florida

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

31

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    Florida Senate - 2001        (NP)                      SB 2348
    24-772-01                                               See HB




  1         Section 5.10.  The District's planning requirements

  2  shall be as set forth in this act and in chapters 189 and 191,

  3  Florida Statutes, as they may be amended from time to time.

  4

  5                            ARTICLE VI

  6                             FINANCES

  7

  8         Section 6.01.  The District shall have the right,

  9  power, and authority to levy non-ad valorem assessments as

10  defined in section 197.3632, Florida Statutes, against the

11  taxable real estate lying within the territorial boundaries of

12  the District in order to provide funds for the purpose of the

13  District. The rate of such assessments shall be fixed annually

14  by a resolution of the Board of Commissioners after conducting

15  a public hearing. Such non-ad valorem assessments may be

16  imposed, collected, and enforced pursuant to the provisions of

17  sections 197.363 through 197.3635, Florida Statutes.

18         Section 6.02.  The methods for assessing and collecting

19  non-ad valorem assessment fees or service charges shall be as

20  set forth in chapter 170, chapter 189, chapter 191, or chapter

21  197, Florida Statutes, as any of these may be amended from

22  time to time. In setting assessment rates, the Commissioners

23  shall consider the size of the property, the fire hazard it

24  presents, and the protection provided.

25         Section 6.03.  For assessment purposes, all property

26  within the District shall have the following general

27  classifications:

28         (1)  Business and/or Commercial.

29         (2)  Single-family residence.

30         (3)  Duplex residence (2-family).

31

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    Florida Senate - 2001        (NP)                      SB 2348
    24-772-01                                               See HB




  1         (4)  All other multifamily buildings, including

  2  condominium and cooperative building or apartment central

  3  building.

  4         (5)  Unimproved subdivided lots.

  5         (6)  Unsubdivided acreage.

  6         (7)  Residential trailer space in rental trailer parks.

  7         (8)  Rental travel space.

  8         Section 6.04.  The rate of such annual assessments for

  9  protection against fire and the furnishing of rescue service

10  shall be fixed annually by a resolution of the Board of Fire

11  Commissioners. The assessments may be increased as provided in

12  chapter 191, Florida Statutes, provided the Board shall

13  determine that such increase is necessary in order to properly

14  carry out the purposes of the District. No increase in excess

15  of that provided in chapter 191, Florida Statutes, shall be

16  permitted unless and until the Board holds the required

17  referendum for increasing said assessments. The District must

18  establish that the increased assessment rate in excess of that

19  amount allowed by statute does not exceed the benefits derived

20  from the furnishing of the services. Any such assessment shall

21  be made only when there has been competent substantial

22  evidence presented to the District establishing that such an

23  adjustment in the rate is necessary in order for the District

24  to properly carry out its purposes and establishing that the

25  proposed increase in assessments will not exceed the benefits.

26  In accordance with section 191.011, Florida Statutes, the

27  procedure for increasing the annual assessment rate in excess

28  of that allowed under chapter 191 shall be as follows:

29         (1)  Presentation to the Board of competent substantial

30  evidence establishing that the increase in the maximum rate of

31  assessments is necessary in order to carry out the purposes of

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    Florida Senate - 2001        (NP)                      SB 2348
    24-772-01                                               See HB




  1  the District and further establishing that said assessments as

  2  increased will not exceed the benefits accruing to the

  3  property within the District.

  4         (2)  Adoption of a resolution setting forth findings of

  5  fact and establishing the necessity for the increase in

  6  assessment rates, and said resolution shall provide for the

  7  calling of a referendum election wherein the question of

  8  whether to increase the assessments as recommended by the

  9  Board shall be approved.

10         (3)  A referendum election shall be held pursuant to

11  the general law governing special elections in the state and,

12  upon certification of the return of the election, the rate of

13  assessment shall be deemed amended if approved by a majority

14  vote of the electors voting in said election.

15         Section 6.05.  Assessments shall be a lien upon the

16  land so assessed, along with the county taxes assessed against

17  the same until said assessments and taxes have been paid and,

18  if the same becomes delinquent, shall be considered a part of

19  the county tax, subject to the same penalties, charges, fees,

20  and remedies for enforcement and collection as provided by the

21  laws of the state for the collection of such taxes.

22         Section 6.06.  The Board shall establish a schedule of

23  impact fees in accordance with section 191.009(4), Florida

24  Statutes, and with any standard set by general law for new

25  construction to pay for the cost of new facilities and

26  equipment, the need for which is in whole or in part the

27  result of new construction. The impact fees collected by the

28  District under this section shall be kept separate from the

29  revenues of the District and must be used exclusively to

30  acquire, purchase, or construct new facilities or portions

31  thereof needed to provide fire protection and emergency

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    Florida Senate - 2001        (NP)                      SB 2348
    24-772-01                                               See HB




  1  services to new construction. As used in this section, "new

  2  facilities" means lands, buildings, and capital equipment,

  3  including, but not limited to, fire and emergency vehicles,

  4  radio telemetry equipment, and other firefighting or rescue

  5  equipment. The Board shall maintain adequate records to ensure

  6  that impact fees are expended only for permissible new

  7  facilities or new equipment. The Board may enter into

  8  agreements with general-purpose local governments to share in

  9  the revenue from fire protection impact fees imposed by such

10  governments. For impact fee purposes, all property within the

11  District shall have the classification of residential or

12  commercial.

13         Section 6.07.  The Board may provide a reasonable

14  schedule of charges for special emergency services, including

15  firefighting occurring in or to structures outside the

16  District, motor vehicles, marine vessels, aircraft, or rail

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

18  or marine vessels to which the District is called to render

19  emergency service, and may charge a fee for the services

20  rendered in accordance with the schedule developed and

21  pursuant to chapter 191.009(3), Florida Statutes.

22         Section 6.08.  The District may issue general

23  obligation bonds, assessment bonds, revenue bonds, notes, bond

24  anticipation notes, or other evidences of indebtedness to

25  finance all or part of any proposed improvements authorized to

26  be undertaken under this act or under general or special law,

27  provided the total annual payments for the principal and

28  interest of such indebtedness do not exceed 50 percent of the

29  total annual budgeted revenues of the District as provided in

30  section 191.012, Florida Statutes.

31

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    Florida Senate - 2001        (NP)                      SB 2348
    24-772-01                                               See HB




  1                           ARTICLE VII

  2                          MISCELLANEOUS

  3

  4         Section 7.01.  All contracts, obligations, rules,

  5  regulations, or policies of any nature existing on the date of

  6  enactment of this act shall remain in full force and effect

  7  and this act shall in no way affect the validity of such

  8  contracts, obligations, rules, regulations, or policies.

  9         Section 7.02.  This act shall not affect the terms of

10  office of the present District Board, nor shall it affect the

11  terms and conditions of employment of any employees of the

12  District.

13         Section 4.  Chapters 82-381, 82-418, 83-524, and

14  90-417, Laws of Florida, are repealed 10 days after the

15  effective date of this act.

16         Section 5.  It is declared to be the intent of the

17  Legislature that if any section, subsection, sentence, clause,

18  phrase, or portion of this act is, for any reason, held

19  invalid or unconstitutional by a court of competent

20  jurisdiction, such portion shall be deemed to be a separate,

21  distinct, and independent provision and such holdings shall

22  not affect the validity of the remaining portions of this act.

23         Section 6.  This act shall be construed as a remedial

24  act and the provisions of this act shall be liberally

25  construed in order to effectively carry out the purpose of

26  this act in the interest of the public health, welfare, and

27  safety of the citizens served by the District.

28         Section 7.  All laws or part of laws in conflict

29  herewith are, to the extent of such conflict, repealed.

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

31  law.

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