House Bill hb0979e1

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                                        CS/HB 979, First Engrossed



  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         providing for a district expansion and merger;

22         providing severability; providing for a

23         referendum; providing an effective date.

24

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

26

27         Section 1.  Pursuant to section 191.015, Florida

28  Statutes, this act constitutes the codification of all

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

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

31  a single comprehensive special act charter for the district,


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                                        CS/HB 979, First Engrossed



  1  including all current legislative enactments and any

  2  additional authority granted by this act.

  3         Section 2.  The North Okaloosa Fire District is created

  4  as follows:

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

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

  7  County shall be incorporated as an independent special fire

  8  control district, which shall be a public municipal

  9  corporation for the public benefit, with perpetual existence,

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

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

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

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

14  incorporated shall include the following:

15

16         Beginning at the Northeast corner of Section

17         12, Township North, Range 23 West, thence West

18         along Section lines to the Northwest corner of

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

20         the channel of the Yellow River, thence

21         Southerly along the channel of the Yellow River

22         to the North Section line of Section 2,

23         Township 3 North, Range 24 West, thence run

24         West along Section lines to the intersection of

25         Old River Road, thence run South along Old

26         River Road to the intersection of Griffith

27         Cemetery Road, thence southwesterly along

28         Griffith Cemetery Road for 1 mile to

29         intersection of the North branch of Three Mile

30         Branch, thence Southerly along Three Mile

31         Branch to Mill Creek, thence southerly along


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                                        CS/HB 979, First Engrossed



  1         South branch of Mill Creek to Garrett Mill

  2         Road, thence West along Garrett Mill Road for

  3         approximately 3/8 miles to the intersection of

  4         Highway 4, continue North along Highway 4 for

  5         approximately 3/8 miles to the intersection of

  6         Keyser Mill Road, thence Southwest along Keyser

  7         Mill Road to Baggett Creek and the Northwest

  8         corner of Section 20, Township North, Range 24

  9         West, thence South along Section lines to the

10         Southwest corner of Section 29, Township 3

11         North, Range 24 West, thence East along Section

12         lines to the channel of the Yellow River,

13         thence Southerly along the channel of the

14         Yellow River to the intersection of the

15         boundary with Eglin Air Force Base, thence run

16         14 East along Eglin Air Force Base boundary, to

17         the Southwest corner of Section 11, Township 2

18         North, Range 24 West, thence run North along

19         Section line to the channel of the Shoal River,

20         thence Easterly along the channel of the Shoal

21         River to the intersection of the North Section

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

23         West, thence run East along Section line to the

24         channel of the Shoal River, thence Southerly

25         and Easterly along the channel of the Shoal

26         River to the intersection of the boundary of

27         Eglin Air Force Base, thence run Easterly along

28         the boundary line of Eglin Air Force Base to

29         the Southeast corner of Section 1, Township 2

30         North, Range 23 West, thence run North along

31         Section lines to the North right-of-way


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                                        CS/HB 979, First Engrossed



  1         boundary of Interstate 10, thence run West

  2         along said North right-of-way boundary of

  3         Interstate 10 to the channel of the Shoal

  4         River, thence Easterly and Northerly along

  5         channel of Shoal River to the East Section line

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

  7         thence along Section lines to the Point of

  8         Beginning, less and except the City Limits of

  9         the Town of Crestview, Okaloosa  County,

10         Florida.  Also described as all of the

11         following property less and except the City

12         Limits of the Town of Crestview, Okaloosa

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

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

15         23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,

16         35, 36, in Township 4 North, Range 23 West; All

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

18         4 North, Range 24 West; All of Sections 2, 3,

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

20         21, 23, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36,

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

22         West of the Shoal River and that portion of

23         section 26 that is both West of the Shoal River

24         and South of Interstate 10, in Township 3

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

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

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

28         that portion that is both West of Old River

29         Road and North of Griffith Cemetery Road, that

30         portion of Section 4 both East of Griffith

31         Cemetery Road, and South of Buck Ward Road,


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                                        CS/HB 979, First Engrossed



  1         that portion of Section 5 South of Buck Ward

  2         Road and East of North branch of Three Mile

  3         Branch, that portion of Section 9 East of Three

  4         Mile Branch and South of Mill Creek, and that

  5         portion of Section 17 both East of Keyser Mill

  6         Road and South of Garrett Mill Road, that

  7         portion of Section 33 East of the Yellow River,

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

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

10         section 7 North of the Shoal River, in Township

11         2 North, Range 23 West; All of Sections 1, 2,

12         3, 10, and those portions of Sections 4 and 9

13         East of the Yellow River, and that portion of

14         Section 11 North of the Shoal River, in

15         Township 2 North, Range 24 West.

16

17  Any federal lands or lands located within the described

18  boundaries of the City of Crestview are excluded from the

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

20  municipality or becomes part of another fire district, the

21  North Okaloosa Fire District shall be entitled to receive all

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

23  generated from that property in the calendar year of

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

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

26  independent special fire control district under chapter 191,

27  Florida Statutes. The provisions of that chapter, specifically

28  including sections 191.006 and 191.008, Florida Statutes,

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

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

31  the provisions of this act control.


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                                        CS/HB 979, First Engrossed



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

  2  and affairs of the district shall be conducted and

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

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

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

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

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

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

  9  annually in October. Such officers shall have the duties

10  usually pertaining to like officers. Members of the board

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

12  reimbursement for expenses incurred in the conduct of their

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

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

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

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

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

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

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

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

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

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

23  circulation in Okaloosa County. Separate compensation for the

24  board member serving as treasurer may be authorized by like

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

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

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

28  Florida Statutes.

29         Section 4.  Fire commissioners; terms of office;

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

31  years and shall be eligible for reelection. Each commissioner


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                                        CS/HB 979, First Engrossed



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

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

  3  District shall be divided into four separate geographic areas.

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

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

  6  electors residing in the North Okaloosa Fire District and

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

  8  reside in the North Okaloosa Fire District geographic area and

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

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

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

12  boundaries of the four separate geographic areas shall be set

13  by the fire commissioners based on geographic and population

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

15  district fire stations and precinct lines. If an office

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

17  the remaining members of the board for the unexpired portion

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

19  the same qualifications as candidates for election. The Board

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

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

22  commissioner.

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

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

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

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

27  meetings are open to the public in conformance with section

28  286.011, Florida Statutes, or its successors.

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

30  non-ad valorem assessment on taxable property within the

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


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                                        CS/HB 979, First Engrossed



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

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

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

  4  special commercial property; $188 for all other commercial

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

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

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

  8  percent per annum, whichever provides greater revenue to the

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

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

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

12  assessment authorized by this section shall become a lien on

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

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

15  charges, and fees for enforcement and collection as county

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

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

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

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

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

21  on community projects for fundraising purposes. The fiscal

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

23  30 of the following year.

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

25  Commissioners shall notify the Okaloosa County Property

26  Appraiser annually of assessments that the board has imposed

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

28  property appraiser shall include these taxes in the notice of

29  proposed property taxes and adopted non-ad valorem assessments

30  for the properties within the district.

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                                        CS/HB 979, First Engrossed



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

  2  Commissioners may borrow money for the purposes of the

  3  district. The total principal and interest that may be

  4  outstanding may not exceed 50 percent of the total assessment

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

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

  7  for such loans. Neither the district nor any commissioner

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

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

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

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

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

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

14  board may not create indebtedness or incur obligations for any

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

16  possession.

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

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

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

20  construction, care, maintenance, upkeep, operations, and

21  purchase of standard firefighting equipment, which must meet

22  the requirements of the underwriters' association; for

23  construction and maintenance of fire stations, installation of

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

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

26  firefighters; and for such other expenses as the board

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

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

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

30  commits a misdemeanor of the second degree, punishable as

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                                        CS/HB 979, First Engrossed



  1  provided in section 775.082 or section 775.083, Florida

  2  Statutes.

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

  4  the Board of Fire Commissioners of the North Okaloosa Fire

  5  District which were taken before the effective date of this

  6  act are ratified and confirmed.

  7         Section 12.  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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                                        CS/HB 979, First Engrossed



  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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