House Bill hb0979

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    Florida House of Representatives - 2001                 HB 979

        By Representatives Melvin, Miller and Brown






  1                      A bill to be entitled

  2         An act relating to Okaloosa County; creating

  3         and establishing an independent special

  4         district in said county to be known as the

  5         North Okaloosa Fire District; creating a

  6         charter; describing the district; prescribing

  7         its powers; providing for a board of fire

  8         commissioners; providing for compensation;

  9         requiring a bond; providing for terms of office

10         and for filling vacancies in office; providing

11         for meetings, minutes of meetings, and public

12         access; providing for financial matters;

13         authorizing non-ad valorem assessments;

14         authorizing the district to accept gifts and

15         donations; providing the district's fiscal

16         year; providing for collection of taxes;

17         providing limits and guidelines for

18         indebtedness of the district; prescribing

19         authorized uses of district funds; providing a

20         penalty; ratifying actions previously taken;

21         requiring certain notice of legal action;

22         providing for a district expansion and merger;

23         providing severability; providing for a

24         referendum; providing 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

30  ordinances relating to the North Okaloosa Fire District. It is

31  the intent of the Legislature in enacting this act to provide

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  1  a single comprehensive special act charter for the district,

  2  including all current legislative enactments and any

  3  additional authority granted by this act.

  4         Section 2.  The North Okaloosa Fire District is created

  5  as follows:

  6         Section 1.  Creation; boundaries.--Upon this act

  7  becoming a law, all of the following lands lying in Okaloosa

  8  County shall be incorporated as an independent special fire

  9  control district, which shall be a public municipal

10  corporation for the public benefit, with perpetual existence,

11  to be known as the North Okaloosa Fire District, in which case

12  it may sue and be sued, lease, own, possess, and convey real

13  and personal property, by purchase or gift or otherwise, in

14  order to carry out the purposes of this act. The lands so

15  incorporated shall include the following:

16

17         Beginning at the Northeast corner of Section

18         12, Township North, Range 23 West, thence West

19         along Section lines to the Northwest corner of

20         Section 7, Township 4 North, Range 23 West, and

21         the channel of the Yellow River, thence

22         Southerly along the channel of the Yellow River

23         to the North Section line of Section 2,

24         Township 3 North, Range 24 West, thence run

25         West along Section lines to the intersection of

26         Old River Road, thence run South along Old

27         River Road to the intersection of Griffith

28         Cemetery Road, thence continue on Griffith

29         Cemetery Road to the intersection of Buck Ward

30         Road, thence continue Southwesterly to Mill

31         Creek, thence Southwesterly to the intersection

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  1         of Garrett Mill Road and Olin Merritt Street,

  2         thence West along Garrett Mill Road to the

  3         intersection of Highway 4, continue North along

  4         Highway 4 for approximately 3/8 miles to the

  5         intersection of Keyser Mill Road, thence

  6         Southwest along Keyser Mill Road to Baggett

  7         Creek and the Northwest corner of Section 20,

  8         Township North, Range 24 West, thence South

  9         along Section lines to the Southwest corner of

10         Section 29, Township 3 North, Range 24 West,

11         thence East along Section lines to the channel

12         of the Yellow River, thence Southerly along the

13         channel of the Yellow River to the intersection

14         of the boundary with Eglin Air Force Base,

15         thence run 14 East along Eglin Air Force Base

16         boundary, to the Southwest corner of Section

17         11, Township 2 North, Range 24 West, thence run

18         North along Section line to the channel of the

19         Shoal River, thence Easterly along the channel

20         of the Shoal River to the intersection of the

21         North Section line of Section 12, Township 2

22         North, Range 24 West, thence run East along

23         Section line to the channel of the Shoal River,

24         thence Southerly and Easterly along the channel

25         of the Shoal River to the intersection of the

26         boundary of Eglin Air Force Base, thence run

27         Easterly along the boundary line of Eglin Air

28         Force Base to the Southeast corner of Section

29         1, Township 2 North, Range 23 West, thence run

30         North along Section lines to the North

31         right-of-way boundary of Interstate 10, thence

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  1         run West along said North right-of-way boundary

  2         of Interstate 10 to the channel of the Shoal

  3         River, thence Easterly and Northerly along

  4         channel of Shoal River to the East Section line

  5         of Section 1, Township 3 North, Range 23 West,

  6         thence along Section lines to the Point of

  7         Beginning, less and except the City Limits of

  8         the Town of Crestview, Okaloosa  County,

  9         Florida.  Also described as all of the

10         following property less and except the City

11         Limits of the Town of Crestview, Okaloosa

12         County, Florida, All of Sections 7, 8, 9, 10,

13         11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22,

14         23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,

15         35, 36, in Township 4 North, Range 23 West; All

16         of Sections 12, 13, 24, 25, 35, 36, in Township

17         4 North, Range 24 West; All of Sections 2, 3,

18         4, 5, 6, 7, 8, 9, 10, 11, 15, 16, 18, 19, 20,

19         21, 23, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36,

20         and that portion of Sections 1, 12, 13, 14, 23

21         West  of the Shoal River and that portion of

22         section 26  that is both West of the Shoal

23         River and South of Interstate 10, in Township 3

24         North, Range 23 West; All of Sections 1, 2, 10,

25         11, 12, 13, 14, 15, 20, 21, 22, 23, 24, 25, 26,

26         27, 28, 29, 34, 35, 36, all of Section 3 except

27         that portion that is both West of Old River

28         Road and North of Griffith Cemetery Road, that

29         portion of Section 4 both East of Griffith

30         Cemetery Road, and East of a line drawn

31         Southwesterly from the intersection of Griffith

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  1         Cemetery Road and Buck Ward Road to the

  2         intersection of Garrett Mill Road and Olin

  3         Merritt Street, that portion of Section 9 East

  4         of a line drawn Southwesterly from the

  5         intersection of Griffith Cemetery Road and Buck

  6         Ward Road to the intersection of Garrett Mill

  7         Road and Olin Merritt Street, and all of

  8         Section 16 less and except a portion that is

  9         both West of a line drawn Southwesterly from

10         the intersection of Griffith Cemetery Road and

11         Buck Ward Road to the intersection of Garrett

12         Mill Road and Olin Merritt Street and North of

13         Garrett Mill Road, and that portion of Section

14         17 both East of Keyser Mill Road and South of

15         Garrett Mill Road, that portion of Section 33

16         East of the Yellow River, in Township 3 North,

17         Range 24 West; all of Sections 1,2,3,4,5,6, and

18         that portion of section 7 North of the Shoal

19         River, in Township 2 North, Range 23 West; All

20         of Sections 1,2,3,10, and those portions of

21         Sections 4 and 9 East of the Yellow River, and

22         that portion of Section 11 North of the Shoal

23         River, in Township 2 North, Range 24 West. Any

24         federal lands or lands located within the

25         described boundaries of the City of Crestview

26         are excluded from the district.  If any portion

27         of the district is annexed into a municipality

28         or becomes part of another fire district, the

29         North Okaloosa Fire District shall be entitled

30         to receive all revenues, including non-ad

31         valorem assessments and impact fees generated

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  1         from that property in the calendar year of

  2         annexation, i.e. January 1 through December 31.

  3

  4         Section 2.  District; powers.--The district is an

  5  independent special fire control district under chapter 191,

  6  Florida Statutes. The provisions of that chapter, specifically

  7  including sections 191.006 and 191.008, Florida Statutes,

  8  prescribing general and special powers, apply to the district,

  9  but if any provision of that chapter conflicts with this act,

10  the provisions of this act control.

11         Section 3.  Board of Fire Commissioners.--The business

12  and affairs of the district shall be conducted and

13  administered by a board of five commissioners. Each member of

14  the board must, at the time of qualifying for and during the

15  term of office, be an elector of Okaloosa County, a resident

16  of the district, and, if elected from a geographic area, a

17  resident of that geographic area. The board shall elect from

18  its number a chair, vice chair, and secretary-treasurer

19  annually in October. Such officers shall have the duties

20  usually pertaining to like officers. Members of the board

21  shall receive a stipend of $250 a month, and are entitled to

22  reimbursement for expenses incurred in the conduct of their

23  official duties. Each member of the board, before entering

24  upon the duties of that office, shall execute to the Governor

25  for the benefit of the district a good and sufficient bond in

26  the sum of $1,000, conditioned to faithfully perform the

27  duties of that office and to account for all funds of the

28  district which come into his or her hands. The premium of the

29  bond shall be paid from funds of the district. Special notice

30  of any meeting at which the board will consider a salary

31  change for a board member shall be published at least once, at

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  1  least 14 days prior to the meeting, in a newspaper of general

  2  circulation in Okaloosa County. Separate compensation for the

  3  board member serving as treasurer may be authorized by like

  4  vote, so long as total compensation for the board member does

  5  not exceed $500 per month. Members may be reimbursed for

  6  travel and per diem expense as provided in section 112.061,

  7  Florida Statutes.

  8         Section 4.  Fire commissioners; terms of office;

  9  vacancies.--Each fire commissioner shall serve a term of 4

10  years and shall be eligible for reelection. Each commissioner

11  shall continue to hold office until the expiration of the term

12  to which he or she was elected. The North Okaloosa Fire

13  District shall be divided into four separate geographic areas.

14  One commissioner, who must reside in the geographic area,

15  shall be elected from each geographic area by a vote of all

16  electors residing in the North Okaloosa Fire District and

17  voting in the general election. One commissioner, who must

18  reside in the North Okaloosa Fire District geographic area and

19  may reside in any geographic area within the district, shall

20  be elected by a vote of all electors residing in the North

21  Okaloosa Fire District and voting in the general election. The

22  boundaries of the four separate geographic areas shall be set

23  by the fire commissioners based on geographic and population

24  criteria, with due consideration given to the location of the

25  district fire stations and precinct lines. If an office

26  becomes vacant, the vacancy shall be filled by appointment by

27  the remaining members of the board for the unexpired portion

28  of the term. A person appointed to fill a vacancy must meet

29  the same qualifications as candidates for election. The Board

30  of Fire Commissioners shall be the sole, exclusive, and final

31

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  1  arbitrator of the right of an individual to serve as fire

  2  commissioner.

  3         Section 5.  Meetings; minutes.--A record shall be kept

  4  of all meetings of the board. In any meeting, the concurrence

  5  of a majority of the members of the board is necessary for any

  6  action by the board. Meetings of the board and minutes of

  7  meetings are open to the public in conformance with section

  8  286.011, Florida Statutes, or its successors.

  9         Section 6.  Financial matters.--The board may levy a

10  non-ad valorem assessment on taxable property within the

11  district.  The initial schedule shall be as follows: $10 for 5

12  or less acres of vacant land; an additional $2 per acre for

13  each acre or portion thereof up to a maximum of $70 for 35

14  acres or more; $75 for a single-family residence; $94 for

15  special commercial property; $188 for all other commercial

16  property; and $250 for trailer parks from 2 to 9 units and an

17  additional $200 for each 10 trailers or portion thereof. These

18  amounts may be increased as provided by statute or by 3

19  percent per annum, whichever provides greater revenue to the

20  district. If the rate increase is to be greater than the

21  amount provided in the statute, the increase must be approved

22  by a unanimous vote of the board. The non-ad valorem

23  assessment authorized by this section shall become a lien on

24  the property so assessed until paid. If the assessment lien

25  becomes delinquent, it shall be subject to the same penalties,

26  charges, and fees for enforcement and collection as county

27  non-ad valorem assessments and shall be enforced and collected

28  as provided by law, including attorney fees. The district's

29  non-ad valorem assessments shall be a first lien superior in

30  dignity to all other liens except liens for county ad valorem

31  taxes. The board may accept gifts and donations and may carry

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  1  on community projects for fundraising purposes. The fiscal

  2  year of the district shall run from October 1 until September

  3  30 of the following year.

  4         Section 7.  Taxes; collection.--The Board of Fire

  5  Commissioners shall notify the Okaloosa County Property

  6  Appraiser annually of assessments that the board has imposed

  7  on each parcel of property within the district, and the

  8  property appraiser shall include these taxes in the notice of

  9  proposed property taxes and adopted non-ad valorem assessments

10  for the properties within the district.

11         Section 8.  Indebtedness.--The Board of Fire

12  Commissioners may borrow money for the purposes of the

13  district. The total principal and interest that may be

14  outstanding may not exceed 50 percent of the total assessment

15  roll. The board may pledge collections on such roll and may

16  give tax anticipation notes, which shall be the sole security

17  for such loans. Neither the district nor any commissioner

18  shall be personally liable for such a loan or any part

19  thereof. If there is a pledge of collections on the district

20  assessment roll, it is the duty of the board, upon collection

21  of the roll so pledged, to apply the first proceeds thereof to

22  the payment of principal and interest on the loan for which

23  the assessment was pledged. Except as provided herein, the

24  board may not create indebtedness or incur obligations for any

25  sum that it is unable to pay out of district funds then in its

26  possession.

27         Section 9.  Use of funds.--Funds of the district may

28  not be used for any purpose other than for the administration

29  of the affairs and business of the district; for the

30  construction, care, maintenance, upkeep, operations, and

31  purchase of standard firefighting equipment, which must meet

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  1  the requirements of the underwriters' association; for

  2  construction and maintenance of fire stations, installation of

  3  fire hydrants, and payment of public utilities, such as

  4  electricity and water; for the salary of one or more

  5  firefighters; and for such other expenses as the board

  6  determines to be in the best interest of the district.

  7         Section 10.  Penalty.--Any person who violates any

  8  provision of this act or any rule adopted pursuant to this act

  9  commits a misdemeanor of the second degree, punishable as

10  provided in section 775.082 or section 775.083, Florida

11  Statutes.

12         Section 11.  Ratification of prior acts.--All acts of

13  the Board of Fire Commissioners of the North Okaloosa Fire

14  District which were taken before the effective date of this

15  act are ratified and confirmed.

16         Section 12.  Presuit obligation.--No suit, action, or

17  proceeding shall be instituted or maintained in any court

18  against the district or the commissioners, or any

19  commissioner, unless the person bringing such claim shall

20  have, within 30 days after the accrual of such claim, given to

21  the commissioners, or one of them, a notice in writing setting

22  forth its nature, amount, and the place and manner in which it

23  accrued, together with the names and addresses of all

24  witnesses, with sufficient detail to enable the commissioners

25  to fully investigate. No suit, action, or proceeding shall be

26  instituted within 3 months after such notice shall have been

27  given.

28         Section 13.  Exemption from taxation.--Inasmuch as the

29  exercise of the powers conferred by this act constitutes

30  action by a political subdivision performing essential public

31  functions and inasmuch as the property of the district

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  1  constitutes public property used for public purposes, all

  2  assets and properties of the district, including property

  3  acquired through the foreclosure of any tax or assessment

  4  lien, are exempt from all taxes imposed by the state or any

  5  political subdivision, agency, or instrumentality of the

  6  state.

  7         Section 14.  District expansion and merger.--

  8         (1)  The boundaries of the district may be modified,

  9  extended, or enlarged upon approval or ratification by the

10  Legislature, except that any tract of land, regardless of size

11  or number of parcels, may be annexed by contract or agreement

12  between the district and all property owners thereof. Such

13  property owners shall first file a petition with the Board of

14  Fire Commissioners of the district stating their intention

15  that such land be annexed, describing the boundaries thereof,

16  and requesting a public hearing. It shall be the duty of the

17  board to set a date for a hearing of such petition and to

18  publish a notice of hearing once a week for 2 consecutive

19  weeks in some newspaper published or circulated in the

20  district and in the area proposed to be annexed, the first

21  notice of which shall appear at least 14 days prior to the

22  hearing. The notice shall state in general terms the matters

23  contained in the petition but must specifically state the

24  lands to be annexed. On the date set for the hearing, the

25  board may hear any evidence from the property owners who filed

26  such petition and shall hear from all persons in opposition

27  thereto. Upon a finding that the annexation of such property

28  is in the best interest of the development of the district,

29  the board may, by resolution duly passed, declare its

30  intention to annex such tract of land to the district

31  according to the terms and conditions of the petition. Thirty

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  1  days after the approval of the resolution by the board and the

  2  petitioners, the tract of land shall be annexed to the

  3  district.

  4         (2)  The merger of the district with all or portions of

  5  other independent special districts or dependent fire control

  6  districts is effective only upon ratification by the

  7  Legislature. The district may not, solely by reason of a

  8  merger with another governmental entity, increase ad valorem

  9  taxes on property within the original limits of the district

10  beyond the maximum established by the district's enabling

11  legislation, unless approved by the electors of the district

12  by referendum.

13         Section 3.  In the event any section or provision of

14  this act is determined to be invalid or unenforceable, such

15  determination shall not affect the validity of or

16  enforceability of each other section and provision of this

17  act.

18         Section 4.  In the event of a conflict of the

19  provisions of this act with the provisions of any other act

20  the provisions of this act shall control to the extent of such

21  conflict.

22         Section 5.  This act shall take effect only upon its

23  approval by a majority vote of those qualified electors of the

24  district voting in a referendum election to be called by the

25  Board of Fire Commissioners of the North Okaloosa Fire

26  District and to be held within 2 years after the date this

27  section becomes a law, in accordance with the provisions of

28  law relating to elections currently in force, except that this

29  section shall take effect upon becoming a law.

30

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