HB 1251 2003
1	A bill to be entitled
2	An act relating to the Bayshore Fire Protection and Rescue
3	Service District, Lee County; providing for codification
4	of special laws relating to the District; amending,
5	codifying, reenacting, and repealing all prior special
6	acts; providing definitions; providing for creation,
7	status, charter amendments, and boundaries; providing for
8	a board of commissioners and the board's powers, duties,
9	and responsibilities; providing authority to levy ad
10	valorem taxes and non-ad valorem assessments; providing
11	for the District's fiscal year; providing for deposit of
12	District funds; authorizing the District to borrow money;
13	providing for use of District funds; authorizing the board
14	to adopt policies, regulations, and a fire prevention
15	code; providing for liberal construction; providing
16	severability; providing an effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1. Pursuant to section 191.015, Florida Statutes,
21	this act constitutes the codification of all special acts
22	relating to the Bayshore Fire Protection and Rescue Service
23	District, located in Lee County. It is the intent of the
24	Legislature to provide a single, comprehensive special act
25	charter for the District, including all current legislative
26	authority granted to the District by its several legislative
27	enactments and any additional authority granted by this act,
28	chapters 189 and 191, Florida Statutes, and chapter 97-340, Laws
29	of Florida, as amended from time to time. It is further the
30	intent of this act to preserve all District authority, including
31	the authority to annually assess and levy against the taxable
32	property in the District a tax not to exceed the limit provided
33	in chapter 97-340, Laws of Florida, or chapter 191, Florida
34	Statutes, and as approved by referendum of the qualified
35	electors in the District.
36	Section 2. Chapters 76-414, 80-520, 84-466, 87-422, 91-
37	398, and 95-459, Laws of Florida, relating to the Bayshore Fire
38	Protection and Rescue Service District, are amended, codified,
39	reenacted, and repealed as provided herein.
40	Section 3. The Bayshore Fire Protection and Rescue Service
41	District is re-created and the charter for the District is re-
42	created and reenacted to read:
43	Section 1. Definitions.--As used in this act, unless
44	otherwise specified:
45	(1) "District" means the Bayshore Fire Protection and
46	Rescue Service District.
47	(2) "Board" and "board of commissioners" mean the board of
48	commissioners of and for the District.
49	(3) "Commissioner" means a member of the board of
50	commissioners of and for the District.
51	(4) "County" means Lee County.
52	Section 2. District status; boundaries; charter
53	amendments.--
54	(1) There is created an independent special taxing fire
55	protection and rescue service district incorporating lands in
56	Lee County described in subsection (2), which shall be a public
57	corporation having the powers, duties, rights, obligations, and
58	immunities herein set forth, under the name of the Bayshore Fire
59	Protection and Rescue Service District. The District is
60	organized and exists for all purposes and shall hold all powers
61	set forth in this act, chapters 189 and 191, Florida Statutes,
62	and chapter 97-340, Laws of Florida. To the extent of any
63	conflict between this act and chapter 97-340, Laws of Florida,
64	the provisions of chapter 97-340, Laws of Florida, shall
65	supersede this act.
66	(2) The lands to be included within the District are the
67	following described lands in Lee County:
68	In Township 43 South, Range 25 East, all of sections
69	1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16,
70	17, 21, 22, 23, that portion of section 24 lying North
71	of the waters of the Caloosahatchee River, that
72	portion of section 25 lying North of the waters of the
73	Caloosahatchee River, that portion of section 26 lying
74	North of the Caloosahatchee River, all of section 27,
75	all of section 28 and in Township 43 South, Range 26
76	East, all of sections 4, 5, 6, 7, 8, 9, 16, 17, 18,
77	and those portions of sections 19, 20, and 21 lying
78	North of the waters of the Caloosahatchee River.
79	(3) Nothing herein shall deny the right of the chief or
80	other governing officials of the District to render such
81	services to communities adjacent to the land described in
82	subsection (2), or such other places as from time to time may be
83	deemed desirable.
84	(4) The District was created by special act of the
85	Legislature in 1976. Its charter may be amended only by special
86	act of the Legislature.
87	Section 3. Governing board; creation; employment of
88	personnel; compensation; organization; commissioners' bond.--
89	(1) Pursuant to chapter 97-340, Laws of Florida, the
90	business and affairs of the District shall be conducted and
91	administered by a board of five commissioners, who shall serve
92	terms of 4 years each. The procedures for conducting District
93	elections and for qualification of candidates and electors shall
94	be pursuant to chapters 189 and 191, Florida Statutes, and
95	chapter 97-340, Laws of Florida, as they may be amended from
96	time to time.
97	(2) The board may employ such personnel as it deems
98	necessary for the proper function and operation of a fire and
99	rescue department. The salaries of fire department and emergency
100	service personnel, and any other wages, shall be determined by
101	the board.
102	(3) In accordance with chapter 191, Florida Statutes, and
103	chapter 97-340, Laws of Florida, each elected member of the
104	board shall assume office 10 days following the member's
105	election. Annually, within 60 days after the election of new
106	members of said board, the members shall organize by electing
107	from their number a chair, a vice chair, a secretary, and a
108	treasurer. However, the same member may be both secretary and
109	treasurer.
110	(4) The commissioners shall receive compensation for
111	actual expenses incurred while performing the duties of their
112	office in accordance with general law governing per diem for
113	public officials. Commissioners may receive compensation for
114	their services in accordance with chapter 97-340, Laws of
115	Florida, and chapter 191, Florida Statutes, as amended from time
116	to time.
117	(5) Each commissioner, upon taking office and in
118	accordance with chapter 97-340, Laws of Florida, and chapters
119	189 and 191, Florida Statutes, shall execute to the Governor for
120	the benefit of the District a bond conditioned upon the faithful
121	performance of the duties of the commissioner's office. The
122	premium for such bonds shall be paid from the funds of the
123	District.
124	Section 4. Powers; duties; responsibilities.--
125	(1) The District shall have and the board may exercise all
126	the powers and duties set forth in this act, chapters 189, 191,
127	and 197, Florida Statutes, and chapter 97-340, Laws of Florida,
128	as they may be amended from time to time, including, but not
129	limited to, ad valorem taxation, bond issuance, other revenue-
130	raising capabilities, budget preparation and approval, liens and
131	foreclosure of liens, use of tax deeds and tax certificates as
132	appropriate for non-ad valorem assessments, and contractual
133	agreements. The District may be financed by any method
134	established in this act, chapter 189 or chapter 191, Florida
135	Statutes, or chapter 97-340, Laws of Florida, as amended from
136	time to time.
137	(2) The methods for assessing and collecting non-ad
138	valorem assessments, fees, or service charges shall be as set
139	forth in this act, chapter 170, chapter 189, chapter 191, or
140	chapter 197, Florida Statutes, and chapter 97-340, Laws of
141	Florida, as amended from time to time.
142	(3) The District's planning requirements shall be as set
143	forth in this act, chapters 189 and 191, Florida Statutes, and
144	chapter 97-340, Laws of Florida, as amended from time to time.
145	(4) Requirements for financial disclosure, meeting
146	notices, reporting, public records maintenance, and per diem
147	expenses for officers and employees shall be as set forth in
148	this act, chapters 112, 119, 189, 191, and 286, Florida
149	Statutes, and chapter 97-340, Laws of Florida, as amended from
150	time to time.
151	Section 5. Ad valorem taxing authority; non-ad valorem
152	assessments.--
153	(1) The board shall have the right, power, and authority
154	to levy millage tax against the taxable real estate within the
155	District to provide funds for the purpose of this District.
156	However, they shall not exceed the limit provided by chapter 97-
157	340, Laws of Florida, or chapter 191, Florida Statutes, as
158	amended from time to time. Although the district is authorized
159	to levy a maximum millage rate as provided for in section
160	191.009(1), Florida Statutes, the district must receive
161	referendum approval, as required by the State Constitution and
162	section 191.009, Florida Statutes, for any increased millage
163	rate above such rate that has been previously authorized by a
164	special act and approved by referendum.
165	(2) The District shall levy and collect ad valorem taxes
166	in accordance with chapter 200, Florida Statutes, as amended
167	from time to time.
168	(3) Non-ad valorem assessments.--The District is
169	authorized to levy and enforce non-ad valorem assessments in
170	accordance with chapters 189, 191, and 197, Florida Statutes,
171	and chapter 97-340, Laws of Florida.
172	Section 6. Fiscal year.--The District's fiscal year shall
173	begin on October 1 and end on September 30.
174	Section 7. District funds.--
175	(1) All funds of the District shall be deposited in
176	qualified public depositories, in accordance with chapters 191
177	and 280, Florida Statutes, as they may be amended from time to
178	time.
179	(2) No funds of the District shall be paid or disbursed
180	except by check signed by the treasurer of the board and either
181	the chair or vice chair of the board.
182	Section 8. Authority to borrow money.--
183	(1) The board shall have the power and authority to borrow
184	money or issue other evidences of indebtedness for the purposes
185	of the District in accordance with chapters 189 and 191, Florida
186	Statutes, and chapter 97-340, Laws of Florida, as amended from
187	time to time. However, the total payments in any one year,
188	including principal and interest, on any indebtedness incurred
189	by the District may not exceed 50 percent of the total annual
190	budgeted revenues of the District for the year in which the
191	payments are to be made.
192	(2) Neither the District commissioners as a body nor any
193	of them as an individual shall be personally or individually
194	liable for the repayment of such loan. Such repayment shall be
195	made out of tax receipts of the District except as provided in
196	this subsection. The commissioners shall not create any
197	indebtedness or incur obligations for any sum or amount which
198	they are unable to repay out of District funds then in their
199	hands except as otherwise provided in this act. However, the
200	commissioners may make purchases of equipment on an installment
201	basis as necessary if funds are available for the payment of the
202	current year's installment on such equipment plus the amount due
203	in that year on any other installments and the repayment of any
204	bank loan or other existing indebtedness which may be due that
205	year.
206	Section 9. Board action; authority to adopt policies and
207	regulations.--
208	(1) A record shall be kept of all meetings of the board
209	and in such meetings concurrence of a majority of the
210	commissioners shall be necessary to any affirmative action by
211	the board.
212	(2) The board may adopt policies and regulations not
213	inconsistent with any portion of this act, chapter 189 or
214	chapter 191, Florida Statutes, or chapter 97-340, Laws of
215	Florida, as amended from time to time, as it may deem necessary
216	for the transaction of its business and in implementing and
217	carrying out the provisions of this act. The board shall have
218	authority to provide all things necessary for the prevention,
219	extinguishment, and control of fires and for the operation of a
220	rescue service in the District.
221	Section 10. Fire prevention code.--The board shall have
222	the right and power to enact a fire prevention code or ordinance
223	in addition to, but not in conflict with, applicable state and
224	local building and fire codes.
225	Section 4. This act shall be construed as remedial and
226	shall be liberally construed to promote the purpose for which it
227	is intended.
228	Section 5. In the event that any part of this act should
229	be held void for any reason, such holding shall not affect any
230	other part thereof.
231	Section 6. Except as otherwise provided in this act, in
232	the event of a conflict of the provisions of this act with the
233	provisions of any other act, the provisions of this act shall
234	control to the extent of such conflict.
235	Section 7. Chapters 76-414, 80-520, 84-466, 87-422, 91-
236	398, and 95-459, Laws of Florida, are repealed.
237	Section 8. This act shall take effect upon becoming a law.