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