House Bill hb0447

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    Florida House of Representatives - 2002                 HB 447

        By Representative Bennett






  1                      A bill to be entitled

  2         An act relating to the North River Fire

  3         District, Manatee County; codifying the

  4         district charter; providing boundaries;

  5         providing for a Board of Fire Commissioners;

  6         providing for elections; providing for filling

  7         of vacancies; providing authority to levy

  8         special assessments; providing for liens;

  9         providing for public hearings; providing for

10         deposit of funds; providing for use of funds;

11         providing borrowing power of the district;

12         providing authority and power to acquire

13         certain property; providing duties of the Board

14         of Fire Commissioners; providing authority to

15         employ qualified personnel; providing for

16         financial reporting; providing for existence of

17         the district; providing definitions; providing

18         for impact fees; providing a schedule of

19         special assessments; providing severability;

20         providing for liberal construction; repealing

21         chapters 89-502, 91-406, and 96-452, Laws of

22         Florida; providing an effective date.

23

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

25

26         Section 1.  Pursuant to section 191.015, Florida

27  Statutes, this act constitutes the codification of all special

28  acts relating to the North River Fire District. It is the

29  intent of this act to provide a single, comprehensive special

30  act charter for the district including all current legislative

31  authority granted to the district by its several legislative

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  1  enactments and by any additional authority granted by this act

  2  and chapters 189 and 191, Florida Statutes, as they may be

  3  amended from time to time. It is further the intent of this

  4  act to preserve all district authority.

  5         Section 2.  Chapters 89-502, 91-406, and 96-452, Laws

  6  of Florida, are codified, amended, reenacted, and repealed as

  7  herein provided.

  8         Section 3.  The North River Fire District is re-created

  9  and reenacted to read:

10         Section 1.  Incorporation.--Upon this act becoming a

11  law, all of the unincorporated lands in Manatee County, as

12  described in this act, and the City of Palmetto, shall become

13  and be incorporated into and as a special fire district. Said

14  special fire district shall become and be a public municipal

15  corporation, having the powers and duties herein set forth

16  under the name of North River Fire District.

17         Section 2.  Jurisdiction.--The lands to be incorporated

18  within the North River Fire District are located in Manatee

19  County and are described as follows:

20

21         All of Sections 1, 12, 13, 14, 21, 22, 23, 24,

22         25, 26, 27, 28, 32, 33, 34, 35 and 36, all in

23         Township 33 South, Range 17 East; all of

24         Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,

25         13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24,

26         25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and

27         36, all in Township 33 South, Range 18 East;

28         all of Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,

29         11, 12, 13, 14, 15, 16 and 17, and that part of

30         Sections 18, 22, 23 and 24 North of North

31         bulkhead line of the Manatee River, all in

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  1         Township 34 South, Range 17 East; all of

  2         Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,

  3         17, 18, and 19, and that part of Section 16

  4         lying North of North bulkhead line of the

  5         Manatee River, all in Township 34 South, Range

  6         18 East. Further including the full right of

  7         way of all abutting roads. Also, all islands

  8         and submerged lands within the limits of the

  9         established bulkhead line abutting the

10         specified Sections, more particularly described

11         as follows:

12

13         Begin at the intersection of the established or

14         to be established bulkhead line along the North

15         bank of the Manatee River with the West

16         boundary of Section 7, Township 34 South, Range

17         17 East; thence Easterly along the established

18         or to be established bulkhead line of the

19         Manatee River to the East boundary of Section

20         12, Township 34 South, Range 18 East; thence

21         Northerly along the East boundary of Township

22         34 South, Range 18 East to the Manatee

23         County-Hillsborough County boundary line;

24         thence Westerly along the Manatee

25         County-Hillsborough County boundary line to the

26         established or to be established bulkhead line

27         of the East shore of Tampa Bay; thence

28         Southerly and Westerly along the established or

29         to be established bulkhead line of Tampa Bay

30         and Terra Ceia Bay to the established or to be

31         established bulkhead line on the North bank of

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  1         the Manatee River to the West boundary of

  2         Section 7, Township 34 South, Range 17 East and

  3         the Point of Beginning.

  4

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

  6  and affairs of said district shall be conducted and

  7  administered by a board of seven commissioners, who shall be

  8  elected freeholders as provided for in section 4. Upon their

  9  election annually in January, the commissioners shall organize

10  by electing from their number a chair and vice chair. The

11  commissioners shall appoint or employ a qualified person or

12  persons for the positions of secretary or treasurer, or the

13  position of secretary/treasurer. The positions of secretary,

14  treasurer, or secretary/treasurer may be held by one

15  commissioner or the commission may, in lieu of electing a

16  secretary and/or treasurer from its number, employ a qualified

17  person or persons who is not a commissioner to perform the

18  duties of secretary, treasurer, or secretary/treasurer and may

19  compensate such person or persons from funds of the district

20  for the services rendered. If the commissioners do employ such

21  qualified person or persons to perform the duties of

22  secretary, treasurer, or secretary/treasurer, said performance

23  shall be subject to the supervision of the Board of Fire

24  Commissioners. The commissioners may each be paid a salary or

25  honorarium, to be determined by the board, that shall not

26  exceed $500 per month and may not be otherwise employed by the

27  district on either a full-time or part-time basis and receive

28  compensation for such employment, except as specifically

29  provided for herein. The Board of Fire Commissioners is

30  authorized to pay the commissioner or commissioners who are

31  elected secretary, treasurer, or secretary/treasurer a

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  1  reasonable sum for their services as such. The treasurer

  2  shall, before he or she enters upon his or her duties as

  3  treasurer, execute to the State of Florida, for the benefit of

  4  the district, a good and sufficient bond approved by a Circuit

  5  Judge of Manatee County in the sum of not less than $1,000

  6  with a qualified corporate surety, conditioned to faithfully

  7  perform the duties as such treasurer and to account for all

  8  funds to come into his or her hands as treasurer. All premiums

  9  for such surety on all such bonds shall be paid from the funds

10  of said district. The Board of Fire Commissioners shall have

11  the authority and power to make and enter into contracts with

12  firms, individuals, and municipal corporations relating to any

13  and all of the purposes of the district.

14         Section 4.  Election of commissioners.--

15         (1)  The members of the Board of Fire Commissioners of

16  the district shall consist of seven members who shall serve

17  for 4-year terms and shall be elected by a nonpartisan

18  election, as hereinafter set forth. The seven-member Board of

19  Fire Commissioners shall consist of one member elected by the

20  entire fire district to represent each of five fire

21  commissioner districts of the North River Fire District, plus

22  two commissioners elected by the entire fire district to hold

23  seats at large. The boundaries of the fire commissioner

24  districts shall be established by the board and shall be

25  numerically designated as fire commissioner districts 1, 2, 3,

26  4, and 5. The fire commissioner seats on the board shall be

27  identified as seats 1, 2, 3, 4, and 5, corresponding to the

28  numerical designation of each fire commissioner district,

29  respectively, and the at-large seats shall be identified as

30  seats 6 and 7. In addition to requirements of candidates for

31  election under general law, in order to qualify for such

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  1  election or for maintaining such a position, a candidate or

  2  elected commissioner shall reside within his or her respective

  3  district.

  4         (2)  Four members of the Board of Fire Commissioners

  5  (district seats 2, 4, and 5 and at-large seat 6) shall be

  6  elected at the general election during each United States

  7  presidential election year. The remaining three members of the

  8  board (district seats 1 and 3 and at-large seat 7) shall be

  9  elected at the general election during each Florida

10  gubernatorial election year.

11         (3)  Each elected commissioner shall hold office until

12  his or her successor is elected and qualified, or until such

13  commissioner ceases to qualify as a commissioner or is removed

14  from office.

15         (4)  Each elected member shall assume office on the

16  third Thursday following the election.

17         (5)  If a vacancy occurs on the board, the remaining

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

19  the next general election that is held at least 3 months after

20  the date the vacancy occurs, at which time an election shall

21  be held to fill the vacancy.

22         Section 5.  Authority to levy non-ad valorem

23  assessments.--

24         (1)  Said district shall have the right, power, and

25  authority to levy non-ad valorem assessments against the

26  taxable real estate lying within its territorial bounds, as

27  well as assessing an additional charge for hazardous or

28  emergency conditions, in order to provide funds for the

29  purpose of the district. The rate of such assessments shall be

30  fixed by a resolution of the Board of Fire Commissioners, but

31  shall in no event exceed the amounts set forth in section 15,

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  1  unless increased as provided in section 191.009(2), Florida

  2  Statutes.

  3         (2)  The Board of Fire Commissioners is hereby

  4  authorized to provide a reasonable schedule of charges for

  5  emergency services, including, but not limited to,

  6  firefighting occurring in or to motor vehicles, marine vessels

  7  including live-aboards, aircraft, or rail cars including

  8  engines, or as a result of the operation of such motor

  9  vehicles, marine vessels including live-aboards, aircraft, or

10  rail cars including engines to which the North River Fire

11  District is called upon to render such emergency service, and

12  to charge a fee for the services rendered in accordance with

13  said schedule. The North River Fire District shall have a lien

14  upon said motor vehicle, marine vessel including live-aboards,

15  aircraft, or rail cars including engines for the charges so

16  assessed. The Board of Fire Commissioners is authorized to

17  enter into contracts for firefighting duties which provide a

18  reasonable remuneration to the district for such firefighting

19  activities.

20         (3)  The Board of Fire Commissioners is authorized to

21  provide a reasonable schedule of charges for the fighting of

22  fires occurring in or at refuse dumps or as a result of an

23  illegal burn, which fire, dump, or burn is not authorized by

24  general or special law of the state, rule, regulation, order,

25  or ordinance to which the district is called upon to fight

26  and/or extinguish. The fee charged in accordance with said

27  schedule shall constitute a lien upon the real property where

28  said fire or burn is located.

29         (4)  The district shall provide to the County Property

30  Appraiser a notice of fire assessment rates as adopted by

31  resolution not later than June 1 of each year. The County

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  1  Property Appraiser shall then furnish to the commissioners of

  2  the district a tax roll covering all taxable properties with

  3  the assessment rate levy placed on each parcel of property by

  4  July 1, which tax roll is consistent with and set forth by

  5  section 193.1142, Florida Statutes. Not later than 21 days

  6  after receipt of the tax roll from the County Property

  7  Appraiser, the district shall return the tax roll, having

  8  first checked and noted any corrections or adjustments to the

  9  fire assessment levy against each parcel of property.

10         (5)  Prior to adopting a rate of assessment as required

11  in subsection (4), the Board of Fire Commissioners of the

12  district shall properly advertise and hold a public hearing

13  with respect to the proposed rate of assessment. At such

14  hearing, any property owner in the district shall have the

15  right to file a written objection and/or testify at such

16  hearing regarding the proposed rate of assessment. After due

17  consideration of all comments or protests, the Board of Fire

18  Commissioners shall adopt a resolution specifying the rate of

19  assessment on all taxable property.

20         (6)  The Board of Fire Commissioners of the district

21  shall, not earlier than 30 days nor later than 45 days after

22  the mailing of the notice of proposed property taxes as

23  required by section 194.011(1), Florida Statutes, hold a

24  properly advertised public hearing to hear appeals from any

25  property owner in the district with respect to the method of

26  calculation and/or the amounts of fire assessment levied

27  against a parcel of land. Within 20 calendar days after the

28  conclusion of the public hearing to hear appeals, the Board of

29  Fire Commissioners of the district shall notify all concerned

30  parties and the County Property Appraiser in writing of its

31

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  1  decision. The decision shall include reasons for granting or

  2  denying the appeal.

  3         (7)  The County Property Appraiser shall then include

  4  the assessments thus made by the Board of Fire Commissioners

  5  of the district in the Manatee County tax roll and the same

  6  shall be collected in the manner and form as is provided for

  7  the collection of county taxes and paid over by the County Tax

  8  Collector to the Board of Fire Commissioners.

  9         (8)  Such non-ad valorem assessments shall be a lien

10  upon the land so assessed along with the county taxes assessed

11  against the same until said assessments have been paid and, if

12  the same become delinquent, shall be considered a part of the

13  county tax subject to the same penalties, fees, and remedies

14  for enforcement and collections, and shall be enforced and

15  collected as provided by the laws of the state for the

16  collection of such taxes.

17         Section 6.  Deposit of funds.--All proceeds of

18  assessments and other funds of the district shall be deposited

19  in the name of the district in a financial institution

20  designated under the provisions of chapter 280, Florida

21  Statutes, as a qualified public depository. The approved

22  financial institution shall be designated by a resolution of

23  the Board of Fire Commissioners. No funds of the district

24  shall be paid out or disbursed except by check.

25         Section 7.  Use of funds.--No funds of the district

26  shall be used for any purpose other than for the

27  administration of the affairs and business of the district;

28  for the acquisition, construction, care, maintenance, upkeep,

29  and operation of sites for fire stations; fire station and

30  firefighting and rescue equipment; the employment of qualified

31  personnel as provided for herein and payment of the essential

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  1  personnel benefits such as health, life, disability, and

  2  workers' compensation insurance; retirement programs and other

  3  associated costs designed to further the purpose of the

  4  district; and for legal expenses incurred for the operation,

  5  enforcement, and furtherance of the district's affairs and

  6  business.

  7         Section 8.  Borrowing power.--The Board of Fire

  8  Commissioners shall have the power and authority to borrow

  9  money for the purpose of the district and to mortgage the real

10  and personal property of the district or to pledge future

11  assessments and liens as security for such loans. The limits

12  of such authority shall be that the amount borrowed shall not

13  exceed three times the total assessments in the fiscal year

14  the loan is contracted; however, the district commissioners

15  shall not create any indebtedness or incur obligations for any

16  amount which it is unable to pay out of the district's funds.

17  Neither the district commissioners as a body nor any one of

18  them as an individual shall be personally or individually

19  liable for the repayment of such loan or loans. In addition,

20  the Board of Fire Commissioners shall have the power and

21  authority to make purchases of equipment on an installment

22  basis as necessary, if funds are available for the payment of

23  the current year's installment on such equipment plus the

24  amount due in that year on any other installment or other

25  indebtedness.

26         Section 9.  Authority and power to acquire.--The North

27  River Fire District shall have all of the corporate powers of

28  a Florida municipal corporation as provided by statute,

29  including, but not limited to, the right to sue and to be

30  sued; to lease, own, possess, and convey real and personal

31  property necessary to carry out the purpose of this act; and

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  1  to acquire such property by grant, gift, purchase, devise, or

  2  eminent domain, or any means whatsoever.

  3         Section 10.  Duties of officers and authority of

  4  commissioners.--The officers of the Board of Fire

  5  Commissioners shall have the duties usually pertaining to,

  6  vested in, and incumbent upon like officers. A record shall be

  7  kept of all meetings of said Board of Fire Commissioners and

  8  in such meetings concurrence of a majority of said

  9  commissioners at the meeting consisting of a quorum shall be

10  necessary for any affirmative actions by said board. The Board

11  of Fire Commissioners of said district shall have the

12  authority to adopt ordinances and rules and regulations for

13  fire safety and protection, including, but not limited to,

14  those standards set out in section 633.025, Florida Statutes.

15         Section 11.  Authority to employ qualified

16  personnel.--The Board of Fire Commissioners of said district

17  shall have the authority to employ personnel as required to

18  carry out the purpose of the district. Such personnel may, in

19  addition to others, include a fire chief, who shall reside in

20  the district, one or more firefighters or inspectors, and

21  administrative or maintenance personnel as the Board of Fire

22  Commissioners deems necessary to carry out the purpose of the

23  district, and shall have authority to provide all things

24  necessary for the prevention, extinguishment, and control of

25  fires in the district.

26         Section 12.  Financial reporting.--The Board of Fire

27  Commissioners of the district shall comply with all

28  appropriate reporting requirements for units of local

29  government, including, but not limited to, sections 11.45,

30  189.416-189.418, 218.32, and 218.38, Florida Statutes. These

31  requirements as referenced herein include the filing on or

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  1  before September 1 of each year of the district's estimated

  2  budget for the fiscal year beginning October 1, the filing of

  3  financial statements and audits for the fiscal year ending

  4  each September 30 within the timeframes identified, and other

  5  reporting requirements specified.

  6         Section 13.  Existence.--The North River Fire District

  7  herein contemplated shall exist until dissolved by law.

  8         Section 14.  Definitions.--The word "district" means

  9  the North River Fire District and the words "board" and "Board

10  of Fire Commissioners" mean the Board of Fire Commissioners of

11  the North River Fire District, unless otherwise specified.

12         Section 15.  Schedule of non-ad valorem

13  assessments.--The assessment procedures and amounts, as set

14  forth herein, represent the manner to be followed and the

15  maximum allowable rates which shall be charged by the

16  district, if needed. For assessment purposes, all property

17  within the district shall be divided into three general

18  classifications: vacant parcels, residential parcels, and

19  commercial/industrial parcels.

20         (1)  Vacant parcels shall include all parcels which are

21  essentially undeveloped and are usually classified by the

22  property appraiser as Use Code types "0000," "0004," "1000,"

23  "4000," "9800," "9900," and "5000" through "7000." The maximum

24  annual assessment for these parcels shall be:

25         (a)  Vacant residential lots (Use Code 0000) $8.90 per

26  lot.

27         (b)  Vacant condominia lots (Use Code 0004) $8.90 per

28  lot.

29         (c)  Unsubdivided acreage (Use Code 5000 through 7000,

30  9800, 9900, and 9901) $4.85 per acre or fraction thereof,

31

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  1  except that not more than $890 shall be assessed against any

  2  one parcel.

  3         (d)  Vacant commercial and industrial parcels (Use Code

  4  1000 and 4000) shall be assessed as a platted lot or

  5  unsubdivided acreage as applicable. Whenever a residential

  6  unit is located on a parcel defined herein as vacant, the

  7  residential plot shall be considered as one lot or one acre

  8  with the balance of the parcel being assessed as vacant land

  9  in accordance with the schedule of commercial/industrial

10  assessments. Whenever an agricultural or commercial building

11  or structure is located on a parcel defined herein as vacant,

12  the building or structure shall be assessed in accordance with

13  the schedule of commercial/industrial assessments.

14         (2)  Residential parcels shall include all parcels

15  which are developed for residential purposes and are usually

16  classified by the property appraiser as Use Code types "0100,"

17  "0104," "0200," "0204," "0300," "0400," "0500," "0600,"

18  "0700," "0800," "0801," "0803," "1200," "2800," and "2802."

19

20  Surcharges may be assigned by the district for dwelling units

21  located on the second, third, fourth, fifth, or higher floors.

22  The maximum annual assessment for these parcels shall be:

23         (a)  Use Codes "0100" and "0104" shall be $98 per

24  single-family residence. If said residence is located on a

25  parcel of land not in excess of one lot or one acre, no

26  additional assessment shall be made for the land on which said

27  residence is located. If the land upon which said residence is

28  located exceeds one lot or one acre, an additional assessment

29  may be made in accordance with subsection (1).

30         (b)  Use Codes "0300," "0800," "0801," and "0803,"

31  multifamily residences, shall be $98 per unit. If said

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  1  residence is located on a parcel of land not in excess of one

  2  lot or one acre, no additional assessment shall be made for

  3  the land on which said residence is located. If the land upon

  4  which said residence is located exceeds one lot or one acre,

  5  an additional assessment may be made in accordance with

  6  subsection (1).

  7         (c)  Use Code "0400," condominia/apartments and

  8  residential, shall be $98 per dwelling unit for any condominia

  9  or apartment units located on the first and second floors. The

10  sum of $147 per unit for any condominia or apartment units

11  located on the third floor; the sum of $196 per unit for any

12  condominia or apartment units located on the fourth floor; the

13  sum of $245 per unit for any condominia or apartment units

14  located on the fifth floor; and the sum of $294 per unit for

15  any condominia or apartment units on a floor above a fifth

16  floor.

17         (d)  Use Codes "0200," "0204," and "2802," mobile

18  homes, mobile homes/condominia, and mobile home parks,

19  residential, shall be $98 per dwelling unit.

20         (e)  Use Codes "0500," "0600," and "0700,"

21  cooperatives, retirement homes, miscellaneous, migrant camps,

22  etc., shall be assessed $98 per dwelling unit.

23         (f)  Any other residential units, including, but not

24  limited to, the residential portion of mixed uses (Use Code

25  1200) shall be assessed $98 per dwelling unit.

26         (g)  Travel trailer parks (Use Code 2800) shall be

27  assessed $49 per dwelling unit or available rental space, as

28  applicable.

29         (3)  Commercial/industrial parcels shall include all

30  other developed parcels which are not included in the

31  residential category as defined above. All

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  1  commercial/industrial parcels shall be assessed on a square

  2  footage basis for all buildings and structures in accordance

  3  with the following schedule and hazard classification. The

  4  district may or may not vary the assessment by hazard

  5  classifications as set forth herein, based on guidelines to be

  6  approved by the Board of Fire Commissioners. The base

  7  assessment for all buildings and structures shall be $178 for

  8  the first 1,000 square feet on a parcel. The schedule for all

  9  square footage above 1,000 square feet is as follows; however,

10  the district may grant an improved hazard rating to all or

11  part of the building and/or structures if they are equipped

12  with complete internal fire suppression facilities.

13

14  Category            Use Codes            Square Foot Assessment

15

16  Mercantile (M)      1100, 1200, 1300,

17                      1400, 1500, 1600,

18                      1604, 2900           $0.09 per square foot

19

20  Business (B)        1700, 1704, 1800,

21                      1900, 1904, 2200,

22                      2300, 2400, 2500,

23                      2600, 3000, 3600     $0.09 per square foot

24

25  Assembly (A)        2100, 3100, 3200,

26                      3300, 3400, 3500,

27                      3700, 3800, 3900,

28                      7600, 7700, 7900     $0.10 per square foot

29

30  Factory/            4100, 4104, 4400,

31  Industrial (F)      4500, 4600, 4700,

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  1                      9100                 $0.10 per square foot

  2

  3  Storage (S)         2000, 2700, 2800,

  4                      4900                 $0.09 per square foot

  5

  6  Hazardous (H)       4200, 4300, 4800,

  7                      4804                 $0.20 per square foot

  8

  9  Institutional (I)   7000, 7100, 7200,

10                      7300, 7400, 7800,

11                      8400, 8500, 9200     $0.09 per square foot

12

13  Whenever a parcel is utilized for multiple hazard

14  classifications, the district may vary the assessment in

15  accordance with actual categories.

16         Section 16.  Impact fees.--

17         (1)(a)  It is hereby found and determined that the

18  district is located in one of the fastest growing areas of

19  Manatee County, which is itself experiencing one of the

20  highest growth rates in the nation. New construction and

21  resulting population growth has placed a strain upon the

22  capabilities of the district to continue providing the high

23  level of professional fire protection and emergency service

24  for which the residents of the district pay and which they

25  deserve.

26         (b)  It is hereby declared that the cost of new

27  facilities for fire protection and emergency service should be

28  borne by new users of the district services to the extent new

29  construction requires new facilities, but only to that extent.

30  It is the legislative intent of this section to transfer to

31  the new user of the district's fire protection and emergency

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    Florida House of Representatives - 2002                 HB 447

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  1  services a fair share of the costs that new users impose on

  2  the district for new facilities.

  3         (c)  It is hereby declared that the amount of the

  4  impact fees provided for in this section are just, reasonable,

  5  and equitable.

  6         (2)  No person shall issue or obtain a building permit

  7  for new residential dwelling units or new commercial or

  8  industrial structures within the district, or issue or obtain

  9  construction plan approval for new mobile home or recreational

10  or travel trailer park developments located within the

11  district, until the developer thereof has paid the applicable

12  impact fee to the district, according to a schedule determined

13  annually by the board. The board shall establish a schedule of

14  impact fees to pay for the cost of new facilities and

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

16  result of new construction.

17         (3)  The impact fees collected by the district pursuant

18  to this section shall be kept as a separate fund from other

19  revenues of the district and shall be used exclusively for the

20  acquisition, purchase, or construction of new facilities or

21  portions thereof required to provide fire protection and

22  emergency service to new construction. "New facilities" means

23  land, buildings, and capital equipment, including, but not

24  limited to, fire and emergency vehicles and radio-telemetry

25  equipment, and other firefighting or rescue equipment. Said

26  fees shall not be used for the acquisition, purchase, or

27  construction of facilities which must be obtained in any

28  event, regardless of growth within the district.  The Board of

29  Fire Commissioners shall maintain adequate records to ensure

30  that impact fees are expended only for permissible new

31  facilities or equipment.

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  1         Section 4.  If any provision of this act or the

  2  application thereof to any person or circumstance is held

  3  invalid, the invalidity shall not affect other provisions or

  4  applications of the act which can be given effect without the

  5  invalid provision or application, and to this end the

  6  provisions of this act are declared severable.

  7         Section 5.  The provisions of this act shall be

  8  liberally construed in order to effectively carry out the

  9  purpose of this act in the interest of the public and safety.

10         Section 6.  Chapters 89-502, 91-406, and 96-452, Laws

11  of Florida, are repealed.

12         Section 7.  This act shall take effect upon becoming a

13  law.

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