House Bill hb0979c1

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    Florida House of Representatives - 2001              CS/HB 979

        By the Committee on Fiscal Policy & Resources and
    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 southwesterly along

29         Griffith Cemetery Road for 1 mile to

30         intersection of the North branch of Three Mile

31         Branch, thence Southerly along Three Mile

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  1         Branch to Mill Creek, thence southerly along

  2         South branch of Mill Creek to Garrett Mill

  3         Road, thence West along Garrett Mill Road for

  4         approximately 3/8 miles to the intersection of

  5         Highway 4, continue North along Highway 4 for

  6         approximately 3/8 miles to the intersection of

  7         Keyser Mill Road, thence Southwest along Keyser

  8         Mill Road to Baggett Creek and the Northwest

  9         corner of Section 20, Township North, Range 24

10         West, thence South along Section lines to the

11         Southwest corner of Section 29, Township 3

12         North, Range 24 West, thence East along Section

13         lines to the channel of the Yellow River,

14         thence Southerly along the channel of the

15         Yellow River to the intersection of the

16         boundary with Eglin Air Force Base, thence run

17         14 East along Eglin Air Force Base boundary, to

18         the Southwest corner of Section 11, Township 2

19         North, Range 24 West, thence run North along

20         Section line to the channel of the Shoal River,

21         thence Easterly along the channel of the Shoal

22         River to the intersection of the North Section

23         line of Section 12, Township 2 North, Range 24

24         West, thence run East along Section line to the

25         channel of the Shoal River, thence Southerly

26         and Easterly along the channel of the Shoal

27         River to the intersection of the boundary of

28         Eglin Air Force Base, thence run Easterly along

29         the boundary line of Eglin Air Force Base to

30         the Southeast corner of Section 1, Township 2

31         North, Range 23 West, thence run North along

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  1         Section lines to the North right-of-way

  2         boundary of Interstate 10, thence run West

  3         along said North right-of-way boundary of

  4         Interstate 10 to the channel of the Shoal

  5         River, thence Easterly and Northerly along

  6         channel of Shoal River to the East Section line

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

  8         thence along Section lines to the Point of

  9         Beginning, less and except the City Limits of

10         the Town of Crestview, Okaloosa  County,

11         Florida.  Also described as all of the

12         following property less and except the City

13         Limits of the Town of Crestview, Okaloosa

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

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

16         23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,

17         35, 36, in Township 4 North, Range 23 West; All

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

19         4 North, Range 24 West; All of Sections 2, 3,

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

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

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

23         West of the Shoal River and that portion of

24         section 26 that is both West of the Shoal River

25         and South of Interstate 10, in Township 3

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

27         11, 12, 13, 14, 15, 20, 21, 22, 23, 24, 25, 26,

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

29         that portion that is both West of Old River

30         Road and North of Griffith Cemetery Road, that

31         portion of Section 4 both East of Griffith

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  1         Cemetery Road, and South of Buck Ward Road,

  2         that portion of Section 5 South of Buck Ward

  3         Road and East of North branch of Three Mile

  4         Branch, that portion of Section 9 East of Three

  5         Mile Branch and South of Mill Creek, and that

  6         portion of Section 17 both East of Keyser Mill

  7         Road and South of Garrett Mill Road, that

  8         portion of Section 33 East of the Yellow River,

  9         in Township 3 North, Range 24 West; all of

10         Sections 1, 2, 3, 4, 5, 6, and that portion of

11         section 7 North of the Shoal River, in Township

12         2 North, Range 23 West; All of Sections 1, 2,

13         3, 10, and those portions of Sections 4 and 9

14         East of the Yellow River, and that portion of

15         Section 11 North of the Shoal River, in

16         Township 2 North, Range 24 West.

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18  Any federal lands or lands located within the described

19  boundaries of the City of Crestview are excluded from the

20  district.  If any portion of the district is annexed into a

21  municipality or becomes part of another fire district, the

22  North Okaloosa Fire District shall be entitled to receive all

23  revenues, including non-ad valorem assessments and impact fees

24  generated from that property in the calendar year of

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

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

27  independent special fire control district under chapter 191,

28  Florida Statutes. The provisions of that chapter, specifically

29  including sections 191.006 and 191.008, Florida Statutes,

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

31

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

  2  the provisions of this act control.

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

  4  and affairs of the district shall be conducted and

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

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

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

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

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

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

11  annually in October. Such officers shall have the duties

12  usually pertaining to like officers. Members of the board

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

14  reimbursement for expenses incurred in the conduct of their

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

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

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

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

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

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

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

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

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

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

25  circulation in Okaloosa County. Separate compensation for the

26  board member serving as treasurer may be authorized by like

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

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

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

30  Florida Statutes.

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  1         Section 4.  Fire commissioners; terms of office;

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

  3  years and shall be eligible for reelection. Each commissioner

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

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

  6  District shall be divided into four separate geographic areas.

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

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

  9  electors residing in the North Okaloosa Fire District and

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

11  reside in the North Okaloosa Fire District geographic area and

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

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

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

15  boundaries of the four separate geographic areas shall be set

16  by the fire commissioners based on geographic and population

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

18  district fire stations and precinct lines. If an office

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

20  the remaining members of the board for the unexpired portion

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

22  the same qualifications as candidates for election. The Board

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

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

25  commissioner.

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

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

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

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

30  meetings are open to the public in conformance with section

31  286.011, Florida Statutes, or its successors.

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

  2  non-ad valorem assessment on taxable property within the

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

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

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

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

  7  special commercial property; $188 for all other commercial

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

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

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

11  percent per annum, whichever provides greater revenue to the

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

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

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

15  assessment authorized by this section shall become a lien on

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

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

18  charges, and fees for enforcement and collection as county

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

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

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

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

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

24  on community projects for fundraising purposes. The fiscal

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

26  30 of the following year.

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

28  Commissioners shall notify the Okaloosa County Property

29  Appraiser annually of assessments that the board has imposed

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

31  property appraiser shall include these taxes in the notice of

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  1  proposed property taxes and adopted non-ad valorem assessments

  2  for the properties within the district.

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

  4  Commissioners may borrow money for the purposes of the

  5  district. The total principal and interest that may be

  6  outstanding may not exceed 50 percent of the total assessment

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

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

  9  for such loans. Neither the district nor any commissioner

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

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

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

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

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

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

16  board may not create indebtedness or incur obligations for any

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

18  possession.

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

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

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

22  construction, care, maintenance, upkeep, operations, and

23  purchase of standard firefighting equipment, which must meet

24  the requirements of the underwriters' association; for

25  construction and maintenance of fire stations, installation of

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

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

28  firefighters; and for such other expenses as the board

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

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

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

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  1  commits a misdemeanor of the second degree, punishable as

  2  provided in section 775.082 or section 775.083, Florida

  3  Statutes.

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

  5  the Board of Fire Commissioners of the North Okaloosa Fire

  6  District which were taken before the effective date of this

  7  act are ratified and confirmed.

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

  9  proceeding shall be instituted or maintained in any court

10  against the district or the commissioners, or any

11  commissioner, unless the person bringing such claim shall

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

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

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

15  accrued, together with the names and addresses of all

16  witnesses, with sufficient detail to enable the commissioners

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

18  instituted within 3 months after such notice shall have been

19  given.

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

21  exercise of the powers conferred by this act constitutes

22  action by a political subdivision performing essential public

23  functions and inasmuch as the property of the district

24  constitutes public property used for public purposes, all

25  assets and properties of the district, including property

26  acquired through the foreclosure of any tax or assessment

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

28  political subdivision, agency, or instrumentality of the

29  state.

30         Section 14.  District expansion and merger.--

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

  2  extended, or enlarged upon approval or ratification by the

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

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

  5  between the district and all property owners thereof. Such

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

  7  Fire Commissioners of the district stating their intention

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

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

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

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

12  weeks in some newspaper published or circulated in the

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

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

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

16  contained in the petition but must specifically state the

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

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

19  such petition and shall hear from all persons in opposition

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

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

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

23  intention to annex such tract of land to the district

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

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

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

27  district.

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

29  other independent special districts or dependent fire control

30  districts is effective only upon ratification by the

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

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  1  merger with another governmental entity, increase ad valorem

  2  taxes on property within the original limits of the district

  3  beyond the maximum established by the district's enabling

  4  legislation, unless approved by the electors of the district

  5  by referendum.

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

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

  8  determination shall not affect the validity of or

  9  enforceability of each other section and provision of this

10  act.

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

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

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

14  conflict.

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

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

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

18  Board of Fire Commissioners of the North Okaloosa Fire

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

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

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

22  section shall take effect upon becoming a law.

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