HB 1225 2003
1	A bill to be entitled
2	An act relating to Midway Fire District, formerly Midway
3	Fire Protection District, Santa Rosa County; providing for
4	codification of special laws relating to the district;
5	amending, codifying, reenacting, and repealing all prior
6	special acts; providing definitions; providing for
7	creation, status, charter amendments, boundaries, and
8	district purposes; providing for a board of commissioners
9	and powers, duties, and responsibilities thereof;
10	providing for election of officers; providing for
11	compensation and execution of bonds; preserving authority
12	to levy ad valorem taxes, non-ad valorem assessments, and
13	impact fees; providing powers and authority; providing for
14	use of district funds; requiring a record of all board
15	meetings; authorizing the board to adopt policies and
16	regulations; providing for the board to make an annual
17	budget; authorizing the board to enact fire prevention
18	ordinances, appoint a fire marshal, acquire land, enter
19	contracts, and operate a fire rescue service; providing
20	for annexation of district lands; providing for
21	dissolution; providing immunity from tort liability for
22	officers, agents, and employees; providing for district
23	expansion; providing for construction, effect, and
24	conflict; repealing chapters 80-607, 82-377, and 90-425,
25	Laws of Florida; providing an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1. Pursuant to section 191.015, Florida Statutes,
30	this act constitutes the codification of all special acts
31	relating to Midway Fire District, formerly the Midway Fire
32	Protection District, located in Santa Rosa County. It is the
33	intent of the Legislature to provide a single, comprehensive
34	special act charter for the district, including all current
35	legislative authority granted to the district by its several
36	legislative enactments and any additional authority granted by
37	this act and chapters 189 and 191, Florida Statutes, as amended
38	from time to time. It is further the intent of this act to
39	preserve all district authority, including the authority to
40	annually assess and levy against the taxable property in the
41	district an ad valorem tax not to exceed the limit provided in
42	the district’s prior special acts, chapters 80-607, 82-377, and
43	90-425, Laws of Florida, and chapter 191, Florida Statutes, as
44	amended from time to time.
45	Section 2. Chapters 80-607, 82-377, and 90-425, Laws of
46	Florida, relating to Midway Fire District, formerly Midway Fire
47	Protection District, are amended, codified, reenacted, and
48	repealed as provided herein.
49	Section 3. Midway Fire District is re-created and the
50	charter for the district is re-created and reenacted to read:
51	Section 1. Definitions.--As used in this act, unless
52	otherwise specified:
53	(1) “District” means the Midway Fire District.
54	(2) “Board” means the board of commissioners created
55	pursuant to this act and chapter 191, Florida Statutes.
56	(3) “Commissioner” means a member of the board of
57	commissioners of and for the district.
58	(4) “Residence” means one single-family dwelling,
59	including one single-apartment dwelling unit, one single-
60	condominium dwelling unit, one single-duplex, triplex, or other
61	attached dwelling unit, one single-family detached dwelling
62	unit, or one single-mobile or modular home dwelling unit.
63	(5) “Business” means motels or apartments, standard
64	commercial or industrial businesses such as gasoline stations,
65	stores, marinas, and similar establishments, as authorized
66	pursuant to the applicable local government comprehensive plan.
67	Section 2. Creation; status; charter amendments;
68	boundaries; district purposes.--There is hereby created an
69	independent special taxing fire protection and rescue service
70	district incorporating lands in Santa Rosa County described in
71	subsection (1) which shall be a public corporation having the
72	powers, duties, obligations, and immunities herein set forth,
73	under the name of the Midway Fire District. The district is
74	organized and exists for all purposes, and shall hold all
75	powers, set forth in this act and chapters 189 and 191, Florida
76	Statutes.
77	(1) The lands to be included within the district are the
78	following described lands in Santa Rosa County:
79
80	Begin at a point where the east line of Section 4,
81	Township 2 South, Range 27 West, Santa Rosa County,
82	Florida, meets the southern waters edge of East Bay;
83	thence go South along the East line of Section 4 to a
84	nail & disk #6679 in the center of State Road 399 (East
85	Bay Blvd.), said point known as Point “A”; thence
86	continue south along the east line of Sections 4, 9, 16,
87	21, and 28 of said township and range to a nail & disk
88	#6679 in the center of Tidewater Drive; said point known
89	as Point “B”; thence continue south along the East Line
90	of Section 28 to the Northern Waters edge of Santa Rosa
91	Sound; thence go westerly along said waters edge to a
92	point of intersection with the eastern boundary of the
93	city limits of the City of Gulf Breeze, Florida; said
94	point being an 8 inch square concrete monument and known
95	as point “C”; thence go northwesterly along said eastern
96	line being, also being the east line of Section 2,
97	Township 3 South, Range 29 West, and the east line of
98	Section 34, Township 2 South, Range 29 West to the
99	Northeast Corner of said Section 34; thence go westerly
100	along the North Line of said Section 34 also being said
101	city limits line to a 2 ½ capped pipe known as point “D”
102	thence continue westerly along said line approximately
103	2000 feet to the aforesaid southern waters edge of east
104	bay; thence go easterly along said waters edge to the
105	point of beginning.
106
107	(2) The purpose of this act is to promote the health,
108	welfare, and safety of the citizens and residents of Santa Rosa
109	County who reside within the geographical limits of that area
110	known as the Midway Fire District, by providing for:
111	firefighting equipment; the establishment and maintenance of
112	fire stations and fire substations; the acquisition and
113	maintenance of all firefighting and protection equipment
114	necessary for the prevention of fires or fighting of fires; the
115	employment and training of such personnel as may be necessary to
116	accomplish fire prevention and firefighting; the establishment
117	and maintenance of emergency service; the acquisition and
118	maintenance of rescue and other emergency equipment; and the
119	employment and training of necessary emergency personnel. The
120	district may provide Advanced Life Support services within the
121	district’s boundaries. The district shall have all other powers
122	necessary to carry out the purposes of the district as otherwise
123	provided by law, including, but not limited to, the power to
124	adopt all necessary measures, rules, and regulations and
125	policies relating to said purposes.
126	(3) Nothing herein shall prevent the district from
127	cooperating with the state or other local governments to render
128	such services to communities adjacent to the land described in
129	this section, or such other places as from time to time may be
130	deemed desirable.
131	(4) The district was created by special act of the
132	Legislature in 1982. Its charter may be amended only by special
133	act of the Legislature.
134	Section 3. Board of commissioners.--
135	(1) Pursuant to chapter 191, Florida Statutes, the
136	business and affairs of the district shall be governed and
137	administered by a board of five commissioners, who shall serve a
138	term of four years each, subject to the provisions of chapter
139	191, Florida Statutes, and this act. Each commissioner shall
140	hold office until his or her successor is elected and qualified
141	under the provisions of this act. The procedures for conducting
142	district elections and for qualification of candidates and
143	electors shall be pursuant to chapters 189 and 191, Florida
144	Statutes, as they may be amended from time to time.
145	(2) The board may employ such personnel as deemed
146	necessary for the proper function and operation of a fire
147	department. The salaries of fire department and emergency
148	service personnel, and any other wages, shall be determined by
149	the board.
150	Section 4. Officers; board compensation; bond.--
151	(1) In accordance with chapter 191, Florida Statutes, each
152	elected member of the board shall assume office 10 days
153	following the member’s election. Annually, within 60 days after
154	the election of new members of said board, the members shall
155	organize by electing from their number a chair, vice chair,
156	secretary, and treasurer. However, the same member may be both
157	secretary and treasurer, in accordance with chapter 191, Florida
158	Statutes, as amended from time to time.
159	(2) The commissioners shall receive reimbursement for
160	actual expenses incurred while performing the duties of their
161	offices in accordance with general law governing per diem for
162	public officials.
163	(3) Each commissioner, upon taking office and in
164	accordance with chapters 189 and 191, Florida Statutes, shall
165	execute to the Governor, for the benefit of the district, a bond
166	conditioned upon the faithful performance of the duties of the
167	commissioner’s office. The premium for such bonds shall be paid
168	from district funds.
169	Section 5. Powers; duties; responsibilities.--
170	(1) The district shall have and the board may exercise all
171	the powers and duties set forth in this act, and chapters 189,
172	191, and 197, Florida Statutes, as they may be amended from time
173	to time, including, but not limited to, ad valorem taxation,
174	bond issuance, other revenue-raising capabilities, budget
175	preparation and approval, liens and foreclosure of liens, use of
176	tax deeds and tax certificates as appropriate for non-ad valorem
177	assessments, and contractual agreements. The district may be
178	financed by any method established in this act or chapter 189 or
179	chapter 191, Florida Statutes, as amended from time to time.
180	(2) The board shall continue to have the right, power, and
181	authority to levy annually an ad valorem tax against the taxable
182	real estate within the district to provide funds for the
183	purposes of the district as authorized by chapters 80-607, 82-
184	377, and 90-425, Laws of Florida, in an amount not to exceed the
185	limit provided in chapter 191, Florida Statutes, as amended from
186	time to time. Although the district is authorized to levy a
187	maximum millage rate as provided for in section 191.009(1),
188	Florida Statutes, the district must receive referendum approval,
189	as required by the State Constitution and section 191.009,
190	Florida Statutes, for any increased millage rate above such rate
191	that has been previously authorized by a special act and
192	approved by referendum.
193	(3) The methods for assessing and collecting non-ad
194	valorem assessments, fees, or service charges shall be as set
195	forth in this act, chapter 170, chapter 189, chapter 191, or
196	chapter 197, Florida Statutes, as amended from time to time.
197	(4) The district shall levy and collect ad valorem taxes
198	in accordance with chapter 200, Florida Statutes, as amended
199	from time to time.
200	(5) The district is authorized to levy and enforce non-ad
201	valorem assessments in accordance with chapters 170, 189, 191,
202	and 197, Florida Statutes, as amended from time to time.
203	(6) The district’s planning requirements shall be as set
204	forth in this act and chapters 189 and 191, Florida Statutes, as
205	amended from time to time.
206	(7) Requirements for financial disclosure, meeting
207	notices, reporting, public records maintenance, and per diem
208	expenses for officers and employees shall be as set forth in
209	this act and chapters 112, 119, 189, 191, and 286, Florida
210	Statutes, as amended from time to time.
211	Section 6. Impact fees.--
212	(1) Pursuant to section 191.009(4), Florida Statutes, it
213	is hereby declared that the cost of new facilities upon fire
214	protection and emergency service should be borne by new users of
215	the district’s services to the extent new construction requires
216	new facilities, but only to that extent. It is the legislative
217	intent of this section to transfer to the new users of the
218	district’s fire protection and emergency services a fair share
219	of the costs that new users impose on the district for new
220	facilities. This section shall only apply in the event that the
221	general purpose local government in which the district is
222	located has not adopted an impact fee for fire services which is
223	distributed to the district for construction within its
224	jurisdictional boundaries.
225	(2) The impact fees collected by the district pursuant to
226	this section shall be kept as a separate fund from other
227	revenues of the district and shall be used exclusively for the
228	acquisition, purchase, or construction of new facilities or
229	portions thereof required to provide fire protection and
230	emergency service to new construction. “New facilities” means
231	land, buildings, and capital equipment, including, but not
232	limited to, fire and emergency vehicles and radio telemetry
233	equipment. The fees shall not be used for the acquisition,
234	purchase, or construction of facilities which must be obtained
235	in any event, regardless of growth within the district. The
236	board of fire commissioners shall maintain adequate records to
237	ensure that impact fees are expended only for permissible new
238	facilities.
239	Section 7. Ad valorem taxes a lien.--The taxes levied and
240	assessed by the district shall be a lien upon the land so
241	assessed along with the county taxes assessed against such land
242	until said assessments and taxes have been paid, and if the
243	taxes levied by the district become delinquent, such taxes shall
244	be considered a part of the county tax subject to the same
245	penalties, charges, fees, and remedies for enforcement and
246	collection and shall be enforced and collected as provided by
247	general law for the collection of such taxes.
248	Section 8. Deposit of taxes, assessments, fees; authority
249	to disburse funds.--
250	(1) The funds of the district shall be deposited in
251	qualified public depositories, in accordance with chapters 191
252	and 280, Florida Statutes, as they may be amended from time to
253	time.
254	(2) All warrants for the payment of labor, equipment, and
255	other expenses of the board, and in carrying into effect this
256	act and the purposes thereof, shall be payable by the treasurer
257	of the board on accounts and vouchers approved and authorized by
258	the board.
259	Section 9. Authority to borrow money.--
260	(1) The board of commissioners shall have the power and
261	authority to borrow money or issue other evidences of
262	indebtedness for the purpose of the district in accordance with
263	chapters 189 and 191, Florida Statutes, as amended from time to
264	time; provided, however, that the total payments in any one
265	year, including principal and interest, on any indebtedness
266	incurred by the district shall not exceed 50 percent of the
267	total annual budgeted revenues of the district for the year in
268	which said payments are to be made.
269	(2) The board of commissioners shall not be personally or
270	individually liable for the repayment of such loan. Such
271	repayment shall be made out of the tax receipts of the district
272	except as provided in this subsection. The commissioners shall
273	not create any indebtedness or incur obligations for any sum or
274	amount which they are unable to repay out of district funds then
275	in their hands except as otherwise provided in this act;
276	provided, however, that the commissioners may make purchases of
277	equipment on an installment basis as necessary if funds are
278	available for the payment of the current year’s installment on
279	such equipment plus the amount due in that year of any other
280	installments and the repayment of any bank loan or other
281	existing indebtedness which may be due in that year.
282	Section 10. Use of district funds.--No funds of the
283	district shall be used for any purposes other than the
284	administration of the affairs and business of the district; the
285	construction, care, maintenance, upkeep, operation, and purchase
286	of firefighting and rescue equipment or a fire station or
287	stations; the payment of public utilities; and the payment of
288	salaries of district personnel as the board may from time to
289	time determine to be necessary for the operations and
290	effectiveness of the district.
291	Section 11. Record of board meetings; authority to adopt
292	policies and regulations; annual reports; budget.--
293	(1) A record shall be kept of all meetings of the board,
294	and in such meetings concurrence of a majority of the
295	commissioners present shall be necessary to any affirmative
296	action by the board.
297	(2) The board shall have the authority to adopt and amend
298	policies and regulations for the administration of the affairs
299	of the district under the terms of this act and chapters 189 and
300	191, Florida Statutes, which shall include, but not be limited
301	to, the authority to adopt the necessary policies and
302	regulations for the administration and supervision of the
303	property and personnel of the district and for the prevention of
304	fires, fire control, and rescue work within the district. Said
305	commissioners shall have all the lawful power and authority
306	necessary to implement the purposes for which the said fire
307	district is created, which power and authority shall include,
308	but not be limited to, the power to purchase all necessary fire
309	equipment, rescue equipment, and all other equipment necessary
310	to carry out the purposes of said fire district; to purchase all
311	necessary real and personal property; to purchase and carry
312	standard insurance policies on all such equipment; to employ
313	such personnel as may be necessary to carry out the purpose of
314	said fire district; to provide adequate insurance for said
315	employees; to purchase and carry appropriate insurance for the
316	protection of all firefighters and personnel as well as all
317	equipment and personal property on loan to the district; to sell
318	surplus real and personal property in the same manner and
319	subject to the same restrictions as provided for such sales by
320	counties; and to enter into contracts with qualified service
321	providers, other fire departments, municipalities, and state and
322	federal governmental units for the purpose of obtaining
323	financial aid, assistance, or benefits, expanding services,
324	providing effective mutual aid, and for otherwise carrying out
325	the purposes of the district. The commissioners shall adopt a
326	fiscal year for said fire district which shall be October 1 to
327	September 30.
328	(3) For the purposes of carrying into effect this act, the
329	board shall annually prepare, consider, and adopt a district
330	budget pursuant to the applicable requirements of chapters 189
331	and 191, Florida Statutes, as they may be amended from time to
332	time.
333	Section 12. Authority to enact fire prevention ordinances;
334	appoint fire marshal; acquire land; enter contracts; establish
335	salaries; general and special powers; authority to provide
336	emergency medical and rescue services.--
337	(1) The board of commissioners shall have the right and
338	power to enact fire prevention ordinances in the same manner
339	provided for the adoption of policies and regulations in section
340	11(2), and when the provisions of such fire prevention
341	ordinances are determined by the board to be violated, the
342	office of the state attorney, upon written notice of such
343	violation issued by the board, is authorized to prosecute such
344	person or persons held to be in violation thereof. Any person
345	found guilty of a violation may be punished as provided in
346	chapter 775, Florida Statutes, as a misdemeanor of the second
347	degree. The cost of such prosecution shall be paid out of the
348	district funds unless otherwise provided by law.
349	(2) The board shall have the power to appoint a fire
350	marshal, who shall be a person experienced in all types of
351	firefighting and fire prevention and who shall work with and
352	cooperate with the Florida State Fire Marshal in which the
353	district is situated in the prevention of fires of all types.
354	The district fire marshal shall be authorized to enter, at all
355	reasonable hours, any building or premises for the purpose of
356	making any inspection or investigation which the State Fire
357	Marshal is authorized to make pursuant to state law and
358	regulation. The owner, lessee, manager, or operator of any
359	building or premises shall permit the district fire marshal to
360	enter and inspect the building or premises at all reasonable
361	hours. The district fire marshal shall report any violations of
362	state fire safety law or regulations to the appropriate
363	officials.
364	(3) The board shall have the power to acquire, by gift or
365	purchase, lands or rights in lands, and any other property, real
366	and personal, tangible or intangible, necessary, desirable, or
367	convenient for carrying out the purposes of the district, and to
368	pay any and all costs of same out of the funds of the district.
369	(4) The board shall have the power to enter into contracts
370	or to otherwise join with any other district, city, town, the
371	United States of America, or any agency or authority thereunder,
372	for the purpose of expanding services, providing effective
373	mutual aid, and accomplishing and carrying out the purposes for
374	which the district was created and for the further purpose of
375	specifically obtaining financial aid, assistance, or subsidy.
376	(5) The district is authorized to establish and maintain
377	emergency medical and rescue response services and to acquire
378	and maintain rescue, medical, and other emergency equipment,
379	subject to the provisions of chapter 401, Florida Statutes.
380	Section 13. Annexations.--If any municipality or other
381	fire control district annexes any land included in the district,
382	such annexation shall follow the procedures set forth in section
383	171.093, Florida Statutes, as amended from time to time.
384	Section 14. Dissolution.--The district shall exist until
385	dissolved in the same manner as it was created.
386	Section 15. Immunity from tort liability.--
387	(1) The district and its officers, agents, and employees
388	shall have the same immunity from tort liability as other
389	agencies and subdivisions of the state. The provisions of
390	chapter 768, Florida Statutes, as from time to time amended,
391	shall apply to all claims asserted against the district.
392	(2) The district commissioners and all officers, agents,
393	and employees of the district shall have the same immunity and
394	exemption from personal liability as is provided by general law
395	of the state for state, county, and municipal officers.
396	(3) The district shall defend all claims against the
397	commissioners, officers, agents, and employees which arise
398	within the scope of employment or purposes of the district and
399	shall pay all judgments against said persons, except where said
400	persons acted in bad faith or with malicious purpose or in a
401	manner exhibiting wanton and willful disregard of human rights,
402	safety, or property.
403	Section 16. District expansion.--The district boundaries
404	may be extended from time to time as follows:
405	(1)(a) Land contiguous to the boundaries of the district
406	in unincorporated Santa Rosa County may be included in the
407	district when a written petition for inclusion signed and sworn
408	to by a majority of the owners of the real property within the
409	tract or tracts to be included in the district has been
410	presented to the board of commissioners and the proposal has
411	been approved by the affirmative vote of no fewer than three
412	members of the board of commissioners at a regular meeting.
413	(b) The petition must contain the legal description of the
414	property sought to be added to the district and the names and
415	addresses of the owners of the property.
416	(2) If a proposal to add an area to the district as
417	defined in subsection (1) is approved by the affirmative vote of
418	no fewer than three members of the board of commissioners at a
419	regular meeting, the board of commissioners shall thereafter
420	adopt a resolution describing the lands to be included within
421	the district and shall cause such resolution to be duly enrolled
422	in the record of the meeting and a certified copy of the
423	resolution to be recorded in the Office of the Clerk of the
424	Circuit Court in Santa Rosa County.
425	(3) Upon adoption of the resolution by the board, the
426	district shall, pursuant to chapter 191, Florida Statutes,
427	request that its legislative delegation approve said addition
428	and sponsor legislation amending the district boundary. Upon
429	approval by the Legislature, the boundary shall be amended.
430	(4) Lands within municipal boundaries of cities contiguous
431	to district boundaries may be included in the district upon
432	request by the governing board of the municipality, approval of
433	said request by affirmative vote of no fewer than three members
434	of the district board, and referendum approval of inclusion by
435	the electors of the municipality whose residences are located
436	within the proposed amended boundary of the district. The
437	referendum shall be conducted by the municipality at the next
438	available special or general election. Upon approval by the
439	Legislature, the boundary shall be amended.
440	Section 4. This act shall be construed as remedial and shall
441	be liberally construed to promote the purpose for which it is
442	intended.
443	Section 5. In the event that any part of this act should
444	be held void for any reason, such holding shall not affect any
445	other part thereof.
446	Section 6. Except as otherwise provided in this act, in
447	the event of a conflict of the provisions of this act with the
448	provisions of any other act, the provisions of this act shall
449	control to the extent of such conflict.
450	Section 7. Chapters 80-607, 82-377, and 90-425, Laws of
451	Florida, are repealed.
452	Section 8. This act shall take effect upon becoming a law.