HB 1225 2003
   
1 CHAMBER ACTION
2         
3         
4         
5         
6          The Committee on Local Government & Veterans' Affairs recommends
7    the following:
8         
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.
117         
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