HB 1225 2003
1	CHAMBER ACTION
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6	The Committee on Local Government & Veterans' Affairs recommends
7	the following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to Midway Fire District, formerly Midway
13	Fire Protection District, Santa Rosa County; providing for
14	codification of special laws relating to the district;
15	amending, codifying, reenacting, and repealing all prior
16	special acts; providing definitions; providing for
17	creation, status, charter amendments, boundaries, and
18	district purposes; providing for a board of commissioners
19	and powers, duties, and responsibilities thereof;
20	providing for election of officers; providing for
21	compensation and execution of bonds; preserving authority
22	to levy ad valorem taxes, non-ad valorem assessments, and
23	impact fees; providing powers and authority; providing for
24	use of district funds; requiring a record of all board
25	meetings; authorizing the board to adopt policies and
26	regulations; providing for the board to make an annual
27	budget; authorizing the board to enact fire prevention
28	ordinances, appoint a fire marshal, acquire land, enter
29	contracts, and operate a fire rescue service; providing
30	for annexation of district lands; providing for
31	dissolution; providing immunity from tort liability for
32	officers, agents, and employees; providing for district
33	expansion; providing for construction and effect;
34	repealing chapters 80-607, 82-377, and 90-425, Laws of
35	Florida; providing an effective date.
36
37	Be It Enacted by the Legislature of the State of Florida:
38
39	Section 1. Pursuant to section 191.015, Florida Statutes,
40	this act constitutes the codification of all special acts
41	relating to Midway Fire District, formerly the Midway Fire
42	Protection District, located in Santa Rosa County. It is the
43	intent of the Legislature to provide a single, comprehensive
44	special act charter for the district, including all current
45	legislative authority granted to the district by its several
46	legislative enactments and any additional authority granted by
47	this act and chapters 189 and 191, Florida Statutes, as amended
48	from time to time. It is further the intent of this act to
49	preserve all district authority, including the authority to
50	annually assess and levy against the taxable property in the
51	district an ad valorem tax not to exceed the limit provided in
52	the district’s prior special acts, chapters 80-607, 82-377, and
53	90-425, Laws of Florida, and chapter 191, Florida Statutes, as
54	amended from time to time.
55	Section 2. Chapters 80-607, 82-377, and 90-425, Laws of
56	Florida, relating to Midway Fire District, formerly Midway Fire
57	Protection District, are amended, codified, reenacted, and
58	repealed as provided herein.
59	Section 3. Midway Fire District is re-created and the
60	charter for the district is re-created and reenacted to read:
61	Section 1. Definitions.--As used in this act, unless
62	otherwise specified:
63	(1) “District” means the Midway Fire District.
64	(2) “Board” means the board of commissioners created
65	pursuant to this act and chapter 191, Florida Statutes.
66	(3) “Commissioner” means a member of the board of
67	commissioners of and for the district.
68	(4) “Residence” means one single-family dwelling,
69	including one single-apartment dwelling unit, one single-
70	condominium dwelling unit, one single-duplex, triplex, or other
71	attached dwelling unit, one single-family detached dwelling
72	unit, or one single-mobile or modular home dwelling unit.
73	(5) “Business” means motels or apartments, standard
74	commercial or industrial businesses such as gasoline stations,
75	stores, marinas, and similar establishments, as authorized
76	pursuant to the applicable local government comprehensive plan.
77	Section 2. Creation; status; charter amendments;
78	boundaries; district purposes.--There is hereby created an
79	independent special taxing fire protection and rescue service
80	district incorporating lands in Santa Rosa County described in
81	subsection (1) which shall be a public corporation having the
82	powers, duties, obligations, and immunities herein set forth,
83	under the name of the Midway Fire District. The district is
84	organized and exists for all purposes, and shall hold all
85	powers, set forth in this act and chapters 189 and 191, Florida
86	Statutes.
87	(1) The lands to be included within the district are the
88	following described lands in Santa Rosa County:
89
90	Begin at a point where the east line of Section 4,
91	Township 2 South, Range 27 West, Santa Rosa County,
92	Florida, meets the southern waters edge of East Bay;
93	thence go South along the East line of Section 4 to a
94	nail & disk #6679 in the center of State Road 399
95	(East Bay Blvd.), said point known as Point “A”;
96	thence continue south along the east line of Sections
97	4, 9, 16, 21, and 28 of said township and range to a
98	nail & disk #6679 in the center of Tidewater Drive;
99	said point known as Point “B”; thence continue south
100	along the East Line of Section 28 to the Northern
101	Waters edge of Santa Rosa Sound; thence go westerly
102	along said waters edge to a point of intersection with
103	the eastern boundary of the city limits of the City of
104	Gulf Breeze, Florida; said point being an 8 inch
105	square concrete monument and known as point “C”;
106	thence go northwesterly along said eastern line being,
107	also being the east line of Section 2, Township 3
108	South, Range 29 West, and the east line of Section 34,
109	Township 2 South, Range 29 West to the Northeast
110	Corner of said Section 34; thence go westerly along
111	the North Line of said Section 34 also being said city
112	limits line to a 2 ½ capped pipe known as point “D”
113	thence continue westerly along said line approximately
114	2000 feet to the aforesaid southern waters edge of
115	east bay; thence go easterly along said waters edge to
116	the point of beginning.
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118	(2) The purpose of this act is to promote the health,
119	welfare, and safety of the citizens and residents of Santa Rosa
120	County who reside within the geographical limits of that area
121	known as the Midway Fire District, by providing for:
122	firefighting equipment; the establishment and maintenance of
123	fire stations and fire substations; the acquisition and
124	maintenance of all firefighting and protection equipment
125	necessary for the prevention of fires or fighting of fires; the
126	employment and training of such personnel as may be necessary to
127	accomplish fire prevention and firefighting; the establishment
128	and maintenance of emergency service; the acquisition and
129	maintenance of rescue and other emergency equipment; and the
130	employment and training of necessary emergency personnel. The
131	district may provide Advanced Life Support services within the
132	district’s boundaries. The district shall have all other powers
133	necessary to carry out the purposes of the district as otherwise
134	provided by law, including, but not limited to, the power to
135	adopt all necessary measures, rules, and regulations and
136	policies relating to said purposes.
137	(3) Nothing herein shall prevent the district from
138	cooperating with the state or other local governments to render
139	such services to communities adjacent to the land described in
140	this section, or such other places as from time to time may be
141	deemed desirable.
142	(4) The district was created by special act of the
143	Legislature in 1982. Its charter may be amended only by special
144	act of the Legislature.
145	Section 3. Board of commissioners.--
146	(1) Pursuant to chapter 191, Florida Statutes, the
147	business and affairs of the district shall be governed and
148	administered by a board of five commissioners, who shall serve a
149	term of four years each, subject to the provisions of chapter
150	191, Florida Statutes, and this act. Each commissioner shall
151	hold office until his or her successor is elected and qualified
152	under the provisions of this act. The procedures for conducting
153	district elections and for qualification of candidates and
154	electors shall be pursuant to chapters 189 and 191, Florida
155	Statutes, as they may be amended from time to time.
156	(2) The board may employ such personnel as deemed
157	necessary for the proper function and operation of a fire
158	department. The salaries of fire department and emergency
159	service personnel, and any other wages, shall be determined by
160	the board.
161	Section 4. Officers; board compensation; bond.--
162	(1) In accordance with chapter 191, Florida Statutes, each
163	elected member of the board shall assume office 10 days
164	following the member’s election. Annually, within 60 days after
165	the election of new members of said board, the members shall
166	organize by electing from their number a chair, vice chair,
167	secretary, and treasurer. However, the same member may be both
168	secretary and treasurer, in accordance with chapter 191, Florida
169	Statutes, as amended from time to time.
170	(2) The commissioners shall receive reimbursement for
171	actual expenses incurred while performing the duties of their
172	offices in accordance with general law governing per diem for
173	public officials.
174	(3) Each commissioner, upon taking office and in
175	accordance with chapters 189 and 191, Florida Statutes, shall
176	execute to the Governor, for the benefit of the district, a bond
177	conditioned upon the faithful performance of the duties of the
178	commissioner’s office. The premium for such bonds shall be paid
179	from district funds.
180	Section 5. Powers; duties; responsibilities.--
181	(1) The district shall have and the board may exercise all
182	the powers and duties set forth in this act, and chapters 189,
183	191, and 197, Florida Statutes, as they may be amended from time
184	to time, including, but not limited to, ad valorem taxation,
185	bond issuance, other revenue-raising capabilities, budget
186	preparation and approval, liens and foreclosure of liens, use of
187	tax deeds and tax certificates as appropriate for non-ad valorem
188	assessments, and contractual agreements. The district may be
189	financed by any method established in this act or chapter 189 or
190	chapter 191, Florida Statutes, as amended from time to time.
191	(2) The board shall continue to have the right, power, and
192	authority to levy annually an ad valorem tax against the taxable
193	real estate within the district to provide funds for the
194	purposes of the district as authorized by chapters 80-607, 82-
195	377, and 90-425, Laws of Florida, in an amount not to exceed the
196	limit provided in chapter 191, Florida Statutes, as amended from
197	time to time. Although the district is authorized to levy a
198	maximum millage rate as provided for in section 191.009(1),
199	Florida Statutes, the district must receive referendum approval,
200	as required by the State Constitution and section 191.009,
201	Florida Statutes, for any increased millage rate above such rate
202	that has been previously authorized by a special act and
203	approved by referendum.
204	(3) The methods for assessing and collecting non-ad
205	valorem assessments, fees, or service charges shall be as set
206	forth in this act, chapter 170, chapter 189, chapter 191, or
207	chapter 197, Florida Statutes, as amended from time to time.
208	(4) The district shall levy and collect ad valorem taxes
209	in accordance with chapter 200, Florida Statutes, as amended
210	from time to time.
211	(5) The district is authorized to levy and enforce non-ad
212	valorem assessments in accordance with chapters 170, 189, 191,
213	and 197, Florida Statutes, as amended from time to time.
214	(6) The district’s planning requirements shall be as set
215	forth in this act and chapters 189 and 191, Florida Statutes, as
216	amended from time to time.
217	(7) Requirements for financial disclosure, meeting
218	notices, reporting, public records maintenance, and per diem
219	expenses for officers and employees shall be as set forth in
220	this act and chapters 112, 119, 189, 191, and 286, Florida
221	Statutes, as amended from time to time.
222	Section 6. Impact fees.--
223	(1) Pursuant to section 191.009(4), Florida Statutes, it
224	is hereby declared that the cost of new facilities upon fire
225	protection and emergency service should be borne by new users of
226	the district’s services to the extent new construction requires
227	new facilities, but only to that extent. It is the legislative
228	intent of this section to transfer to the new users of the
229	district’s fire protection and emergency services a fair share
230	of the costs that new users impose on the district for new
231	facilities. This section shall only apply in the event that the
232	general purpose local government in which the district is
233	located has not adopted an impact fee for fire services which is
234	distributed to the district for construction within its
235	jurisdictional boundaries.
236	(2) The impact fees collected by the district pursuant to
237	this section shall be kept as a separate fund from other
238	revenues of the district and shall be used exclusively for the
239	acquisition, purchase, or construction of new facilities or
240	portions thereof required to provide fire protection and
241	emergency service to new construction. “New facilities” means
242	land, buildings, and capital equipment, including, but not
243	limited to, fire and emergency vehicles and radio telemetry
244	equipment. The fees shall not be used for the acquisition,
245	purchase, or construction of facilities which must be obtained
246	in any event, regardless of growth within the district. The
247	board of fire commissioners shall maintain adequate records to
248	ensure that impact fees are expended only for permissible new
249	facilities.
250	Section 7. Ad valorem taxes a lien.--The taxes levied and
251	assessed by the district shall be a lien upon the land so
252	assessed along with the county taxes assessed against such land
253	until said assessments and taxes have been paid, and if the
254	taxes levied by the district become delinquent, such taxes shall
255	be considered a part of the county tax subject to the same
256	penalties, charges, fees, and remedies for enforcement and
257	collection and shall be enforced and collected as provided by
258	general law for the collection of such taxes.
259	Section 8. Deposit of taxes, assessments, fees; authority
260	to disburse funds.--
261	(1) The funds of the district shall be deposited in
262	qualified public depositories, in accordance with chapters 191
263	and 280, Florida Statutes, as they may be amended from time to
264	time.
265	(2) All warrants for the payment of labor, equipment, and
266	other expenses of the board, and in carrying into effect this
267	act and the purposes thereof, shall be payable by the treasurer
268	of the board on accounts and vouchers approved and authorized by
269	the board.
270	Section 9. Authority to borrow money.--
271	(1) The board of commissioners shall have the power and
272	authority to borrow money or issue other evidences of
273	indebtedness for the purpose of the district in accordance with
274	chapters 189 and 191, Florida Statutes, as amended from time to
275	time; provided, however, that the total payments in any one
276	year, including principal and interest, on any indebtedness
277	incurred by the district shall not exceed 50 percent of the
278	total annual budgeted revenues of the district for the year in
279	which said payments are to be made.
280	(2) The board of commissioners shall not be personally or
281	individually liable for the repayment of such loan. Such
282	repayment shall be made out of the tax receipts of the district
283	except as provided in this subsection. The commissioners shall
284	not create any indebtedness or incur obligations for any sum or
285	amount which they are unable to repay out of district funds then
286	in their hands except as otherwise provided in this act;
287	provided, however, that the commissioners may make purchases of
288	equipment on an installment basis as necessary if funds are
289	available for the payment of the current year’s installment on
290	such equipment plus the amount due in that year of any other
291	installments and the repayment of any bank loan or other
292	existing indebtedness which may be due in that year.
293	Section 10. Use of district funds.--No funds of the
294	district shall be used for any purposes other than the
295	administration of the affairs and business of the district; the
296	construction, care, maintenance, upkeep, operation, and purchase
297	of firefighting and rescue equipment or a fire station or
298	stations; the payment of public utilities; and the payment of
299	salaries of district personnel as the board may from time to
300	time determine to be necessary for the operations and
301	effectiveness of the district.
302	Section 11. Record of board meetings; authority to adopt
303	policies and regulations; annual reports; budget.--
304	(1) A record shall be kept of all meetings of the board,
305	and in such meetings concurrence of a majority of the
306	commissioners present shall be necessary to any affirmative
307	action by the board.
308	(2) The board shall have the authority to adopt and amend
309	policies and regulations for the administration of the affairs
310	of the district under the terms of this act and chapters 189 and
311	191, Florida Statutes, which shall include, but not be limited
312	to, the authority to adopt the necessary policies and
313	regulations for the administration and supervision of the
314	property and personnel of the district and for the prevention of
315	fires, fire control, and rescue work within the district. Said
316	commissioners shall have all the lawful power and authority
317	necessary to implement the purposes for which the said fire
318	district is created, which power and authority shall include,
319	but not be limited to, the power to purchase all necessary fire
320	equipment, rescue equipment, and all other equipment necessary
321	to carry out the purposes of said fire district; to purchase all
322	necessary real and personal property; to purchase and carry
323	standard insurance policies on all such equipment; to employ
324	such personnel as may be necessary to carry out the purpose of
325	said fire district; to provide adequate insurance for said
326	employees; to purchase and carry appropriate insurance for the
327	protection of all firefighters and personnel as well as all
328	equipment and personal property on loan to the district; to sell
329	surplus real and personal property in the same manner and
330	subject to the same restrictions as provided for such sales by
331	counties; and to enter into contracts with qualified service
332	providers, other fire departments, municipalities, and state and
333	federal governmental units for the purpose of obtaining
334	financial aid, assistance, or benefits, expanding services,
335	providing effective mutual aid, and for otherwise carrying out
336	the purposes of the district. The commissioners shall adopt a
337	fiscal year for said fire district which shall be October 1 to
338	September 30.
339	(3) For the purposes of carrying into effect this act, the
340	board shall annually prepare, consider, and adopt a district
341	budget pursuant to the applicable requirements of chapters 189
342	and 191, Florida Statutes, as they may be amended from time to
343	time.
344	Section 12. Authority to enact fire prevention ordinances;
345	appoint fire marshal; acquire land; enter contracts; establish
346	salaries; general and special powers; authority to provide
347	emergency medical and rescue services.--
348	(1) The board of commissioners shall have the right and
349	power to enact fire prevention ordinances in the same manner
350	provided for the adoption of policies and regulations in section
351	11(2), and when the provisions of such fire prevention
352	ordinances are determined by the board to be violated, the
353	office of the state attorney, upon written notice of such
354	violation issued by the board, is authorized to prosecute such
355	person or persons held to be in violation thereof. Any person
356	found guilty of a violation may be punished as provided in
357	chapter 775, Florida Statutes, as a misdemeanor of the second
358	degree. The cost of such prosecution shall be paid out of the
359	district funds unless otherwise provided by law.
360	(2) The board shall have the power to appoint a fire
361	marshal, who shall be a person experienced in all types of
362	firefighting and fire prevention and who shall work with and
363	cooperate with the Florida State Fire Marshal in which the
364	district is situated in the prevention of fires of all types.
365	The district fire marshal shall be authorized to enter, at all
366	reasonable hours, any building or premises for the purpose of
367	making any inspection or investigation which the State Fire
368	Marshal is authorized to make pursuant to state law and
369	regulation. The owner, lessee, manager, or operator of any
370	building or premises shall permit the district fire marshal to
371	enter and inspect the building or premises at all reasonable
372	hours. The district fire marshal shall report any violations of
373	state fire safety law or regulations to the appropriate
374	officials.
375	(3) The board shall have the power to acquire, by gift or
376	purchase, lands or rights in lands, and any other property, real
377	and personal, tangible or intangible, necessary, desirable, or
378	convenient for carrying out the purposes of the district, and to
379	pay any and all costs of same out of the funds of the district.
380	(4) The board shall have the power to enter into contracts
381	or to otherwise join with any other district, city, town, the
382	United States of America, or any agency or authority thereunder,
383	for the purpose of expanding services, providing effective
384	mutual aid, and accomplishing and carrying out the purposes for
385	which the district was created and for the further purpose of
386	specifically obtaining financial aid, assistance, or subsidy.
387	(5) The district is authorized to establish and maintain
388	emergency medical and rescue response services and to acquire
389	and maintain rescue, medical, and other emergency equipment,
390	subject to the provisions of chapter 401, Florida Statutes.
391	Section 13. Annexations.--If any municipality or other
392	fire control district annexes any land included in the district,
393	such annexation shall follow the procedures set forth in section
394	171.093, Florida Statutes, as amended from time to time.
395	Section 14. Dissolution.--The district shall exist until
396	dissolved in the same manner as it was created.
397	Section 15. Immunity from tort liability.--
398	(1) The district and its officers, agents, and employees
399	shall have the same immunity from tort liability as other
400	agencies and subdivisions of the state. The provisions of
401	chapter 768, Florida Statutes, as from time to time amended,
402	shall apply to all claims asserted against the district.
403	(2) The district commissioners and all officers, agents,
404	and employees of the district shall have the same immunity and
405	exemption from personal liability as is provided by general law
406	of the state for state, county, and municipal officers.
407	(3) The district shall defend all claims against the
408	commissioners, officers, agents, and employees which arise
409	within the scope of employment or purposes of the district and
410	shall pay all judgments against said persons, except where said
411	persons acted in bad faith or with malicious purpose or in a
412	manner exhibiting wanton and willful disregard of human rights,
413	safety, or property.
414	Section 16. District expansion.--The district boundaries
415	may be extended from time to time as follows:
416	(1)(a) Land contiguous to the boundaries of the district
417	in unincorporated Santa Rosa County may be included in the
418	district when a written petition for inclusion signed and sworn
419	to by a majority of the owners of the real property within the
420	tract or tracts to be included in the district has been
421	presented to the board of commissioners and the proposal has
422	been approved by the affirmative vote of no fewer than three
423	members of the board of commissioners at a regular meeting.
424	(b) The petition must contain the legal description of the
425	property sought to be added to the district and the names and
426	addresses of the owners of the property.
427	(2) If a proposal to add an area to the district as
428	defined in subsection (1) is approved by the affirmative vote of
429	no fewer than three members of the board of commissioners at a
430	regular meeting, the board of commissioners shall thereafter
431	adopt a resolution describing the lands to be included within
432	the district and shall cause such resolution to be duly enrolled
433	in the record of the meeting and a certified copy of the
434	resolution to be recorded in the Office of the Clerk of the
435	Circuit Court in Santa Rosa County.
436	(3) Upon adoption of the resolution by the board, the
437	district shall, pursuant to chapter 191, Florida Statutes,
438	request that its legislative delegation approve said addition
439	and sponsor legislation amending the district boundary. Upon
440	approval by the Legislature, the boundary shall be amended.
441	(4) Lands within municipal boundaries of cities contiguous
442	to district boundaries may be included in the district upon
443	request by the governing board of the municipality, approval of
444	said request by affirmative vote of no fewer than three members
445	of the district board, and referendum approval of inclusion by
446	the electors of the municipality whose residences are located
447	within the proposed amended boundary of the district. The
448	referendum shall be conducted by the municipality at the next
449	available special or general election. Upon approval by the
450	Legislature, the boundary shall be amended.
451	Section 4. This act shall be construed as remedial and
452	shall be liberally construed to promote the purpose for which it
453	is intended.
454	Section 5. In the event that any part of this act should
455	be held void for any reason, such holding shall not affect any
456	other part thereof.
457	Section 6. Chapters 80-607, 82-377, and 90-425, Laws of
458	Florida, are repealed.
459	Section 7. This act shall take effect upon becoming a law.
460
461