HB 1251 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 the Bayshore Fire Protection and Rescue
13	Service District, Lee County; providing for codification
14	of special laws relating to the District; amending,
15	codifying, reenacting, and repealing all prior special
16	acts; providing definitions; providing for creation,
17	status, charter amendments, and boundaries; providing for
18	a board of commissioners and the board's powers, duties,
19	and responsibilities; providing authority to levy ad
20	valorem taxes and non-ad valorem assessments; providing
21	for the District's fiscal year; providing for deposit of
22	District funds; authorizing the District to borrow money;
23	providing for use of District funds; authorizing the board
24	to adopt policies, regulations, and a fire prevention
25	code; providing for liberal construction; providing
26	severability; providing an effective date.
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28	Be It Enacted by the Legislature of the State of Florida:
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30	Section 1. Pursuant to section 191.015, Florida Statutes,
31	this act constitutes the codification of all special acts
32	relating to the Bayshore Fire Protection and Rescue Service
33	District, located in Lee County. It is the intent of the
34	Legislature to provide a single, comprehensive special act
35	charter for the District, including all current legislative
36	authority granted to the District by its several legislative
37	enactments and any additional authority granted by this act,
38	chapters 189 and 191, Florida Statutes, and chapter 97-340, Laws
39	of Florida, as amended from time to time. It is further the
40	intent of this act to preserve all District authority, including
41	the authority to annually assess and levy against the taxable
42	property in the District a tax not to exceed the limit provided
43	in chapter 97-340, Laws of Florida, or chapter 191, Florida
44	Statutes, and as approved by referendum of the qualified
45	electors in the District.
46	Section 2. Chapters 76-414, 80-520, 84-466, 87-422, 91-
47	398, and 95-459, Laws of Florida, relating to the Bayshore Fire
48	Protection and Rescue Service District, are amended, codified,
49	reenacted, and repealed as provided herein.
50	Section 3. The Bayshore Fire Protection and Rescue Service
51	District is re-created and the charter for the District is re-
52	created and reenacted to read:
53	Section 1. Definitions.--As used in this act, unless
54	otherwise specified:
55	(1) "District" means the Bayshore Fire Protection and
56	Rescue Service District.
57	(2) "Board" and "board of commissioners" mean the board of
58	commissioners of and for the District.
59	(3) "Commissioner" means a member of the board of
60	commissioners of and for the District.
61	(4) "County" means Lee County.
62	Section 2. District status; boundaries; charter
63	amendments.--
64	(1) There is created an independent special taxing fire
65	protection and rescue service district incorporating lands in
66	Lee County described in subsection (2), which shall be a public
67	corporation having the powers, duties, rights, obligations, and
68	immunities herein set forth, under the name of the Bayshore Fire
69	Protection and Rescue Service District. The District is
70	organized and exists for all purposes and shall hold all powers
71	set forth in this act, chapters 189 and 191, Florida Statutes,
72	and chapter 97-340, Laws of Florida. To the extent of any
73	conflict between this act and chapter 97-340, Laws of Florida,
74	the provisions of chapter 97-340, Laws of Florida, shall
75	supersede this act.
76	(2) The lands to be included within the District are the
77	following described lands in Lee County:
78	In Township 43 South, Range 25 East, all of sections
79	1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16,
80	17, 21, 22, 23, that portion of section 24 lying North
81	of the waters of the Caloosahatchee River, that
82	portion of section 25 lying North of the waters of the
83	Caloosahatchee River, that portion of section 26 lying
84	North of the Caloosahatchee River, all of section 27,
85	all of section 28 and in Township 43 South, Range 26
86	East, all of sections 4, 5, 6, 7, 8, 9, 16, 17, 18,
87	and those portions of sections 19, 20, and 21 lying
88	North of the waters of the Caloosahatchee River.
89	(3) Nothing herein shall deny the right of the chief or
90	other governing officials of the District to render such
91	services to communities adjacent to the land described in
92	subsection (2), or such other places as from time to time may be
93	deemed desirable.
94	(4) The District was created by special act of the
95	Legislature in 1976. Its charter may be amended only by special
96	act of the Legislature.
97	Section 3. Governing board; creation; employment of
98	personnel; compensation; organization; commissioners' bond.--
99	(1) Pursuant to chapter 97-340, Laws of Florida, the
100	business and affairs of the District shall be conducted and
101	administered by a board of five commissioners, who shall serve
102	terms of 4 years each. The procedures for conducting District
103	elections and for qualification of candidates and electors shall
104	be pursuant to chapters 189 and 191, Florida Statutes, and
105	chapter 97-340, Laws of Florida, as they may be amended from
106	time to time.
107	(2) The board may employ such personnel as it deems
108	necessary for the proper function and operation of a fire and
109	rescue department. The salaries of fire department and emergency
110	service personnel, and any other wages, shall be determined by
111	the board.
112	(3) In accordance with chapter 191, Florida Statutes, and
113	chapter 97-340, Laws of Florida, each elected member of the
114	board shall assume office 10 days following the member's
115	election. Annually, within 60 days after the election of new
116	members of said board, the members shall organize by electing
117	from their number a chair, a vice chair, a secretary, and a
118	treasurer. However, the same member may be both secretary and
119	treasurer.
120	(4) The commissioners shall receive compensation for
121	actual expenses incurred while performing the duties of their
122	office in accordance with general law governing per diem for
123	public officials. Commissioners may receive compensation for
124	their services in accordance with chapter 97-340, Laws of
125	Florida, and chapter 191, Florida Statutes, as amended from time
126	to time.
127	(5) Each commissioner, upon taking office and in
128	accordance with chapter 97-340, Laws of Florida, and chapters
129	189 and 191, Florida Statutes, shall execute to the Governor for
130	the benefit of the District a bond conditioned upon the faithful
131	performance of the duties of the commissioner's office. The
132	premium for such bonds shall be paid from the funds of the
133	District.
134	Section 4. Powers; duties; responsibilities.--
135	(1) The District shall have and the board may exercise all
136	the powers and duties set forth in this act, chapters 189, 191,
137	and 197, Florida Statutes, and chapter 97-340, Laws of Florida,
138	as they may be amended from time to time, including, but not
139	limited to, ad valorem taxation, bond issuance, other revenue-
140	raising capabilities, budget preparation and approval, liens and
141	foreclosure of liens, use of tax deeds and tax certificates as
142	appropriate for non-ad valorem assessments, and contractual
143	agreements. The District may be financed by any method
144	established in this act, chapter 189 or chapter 191, Florida
145	Statutes, or chapter 97-340, Laws of Florida, as amended from
146	time to time.
147	(2) The methods for assessing and collecting non-ad
148	valorem assessments, fees, or service charges shall be as set
149	forth in this act, chapter 170, chapter 189, chapter 191, or
150	chapter 197, Florida Statutes, and chapter 97-340, Laws of
151	Florida, as amended from time to time.
152	(3) The District's planning requirements shall be as set
153	forth in this act, chapters 189 and 191, Florida Statutes, and
154	chapter 97-340, Laws of Florida, as amended from time to time.
155	(4) Requirements for financial disclosure, meeting
156	notices, reporting, public records maintenance, and per diem
157	expenses for officers and employees shall be as set forth in
158	this act, chapters 112, 119, 189, 191, and 286, Florida
159	Statutes, and chapter 97-340, Laws of Florida, as amended from
160	time to time.
161	Section 5. Ad valorem taxing authority; non-ad valorem
162	assessments.--
163	(1) The board shall have the right, power, and authority
164	to levy millage tax against the taxable real estate within the
165	District to provide funds for the purpose of this District.
166	However, they shall not exceed the limit provided by chapter 97-
167	340, Laws of Florida, or chapter 191, Florida Statutes, as
168	amended from time to time. Although the district is authorized
169	to levy a maximum millage rate as provided for in section
170	191.009(1), Florida Statutes, the district must receive
171	referendum approval, as required by the State Constitution and
172	section 191.009, Florida Statutes, for any increased millage
173	rate above such rate that has been previously authorized by a
174	special act and approved by referendum.
175	(2) The District shall levy and collect ad valorem taxes
176	in accordance with chapter 200, Florida Statutes, as amended
177	from time to time.
178	(3) Non-ad valorem assessments.--The District is
179	authorized to levy and enforce non-ad valorem assessments in
180	accordance with chapters 189, 191, and 197, Florida Statutes,
181	and chapter 97-340, Laws of Florida.
182	Section 6. Fiscal year.--The District's fiscal year shall
183	begin on October 1 and end on September 30.
184	Section 7. District funds.--
185	(1) All funds of the District shall be deposited in
186	qualified public depositories, in accordance with chapters 191
187	and 280, Florida Statutes, as they may be amended from time to
188	time.
189	(2) No funds of the District shall be paid or disbursed
190	except by check signed by the treasurer of the board and either
191	the chair or vice chair of the board.
192	Section 8. Authority to borrow money.--
193	(1) The board shall have the power and authority to borrow
194	money or issue other evidences of indebtedness for the purposes
195	of the District in accordance with chapters 189 and 191, Florida
196	Statutes, and chapter 97-340, Laws of Florida, as amended from
197	time to time. However, the total payments in any one year,
198	including principal and interest, on any indebtedness incurred
199	by the District may not exceed 50 percent of the total annual
200	budgeted revenues of the District for the year in which the
201	payments are to be made.
202	(2) Neither the District commissioners as a body nor any
203	of them as an individual shall be personally or individually
204	liable for the repayment of such loan. Such repayment shall be
205	made out of tax receipts of the District except as provided in
206	this subsection. The commissioners shall not create any
207	indebtedness or incur obligations for any sum or amount which
208	they are unable to repay out of District funds then in their
209	hands except as otherwise provided in this act. However, the
210	commissioners may make purchases of equipment on an installment
211	basis as necessary if funds are available for the payment of the
212	current year's installment on such equipment plus the amount due
213	in that year on any other installments and the repayment of any
214	bank loan or other existing indebtedness which may be due that
215	year.
216	Section 9. Board action; authority to adopt policies and
217	regulations.--
218	(1) A record shall be kept of all meetings of the board
219	and in such meetings concurrence of a majority of the
220	commissioners shall be necessary to any affirmative action by
221	the board.
222	(2) The board may adopt policies and regulations not
223	inconsistent with any portion of this act, chapter 189 or
224	chapter 191, Florida Statutes, or chapter 97-340, Laws of
225	Florida, as amended from time to time, as it may deem necessary
226	for the transaction of its business and in implementing and
227	carrying out the provisions of this act. The board shall have
228	authority to provide all things necessary for the prevention,
229	extinguishment, and control of fires and for the operation of a
230	rescue service in the District.
231	Section 10. Fire prevention code.--The board shall have
232	the right and power to enact a fire prevention code or ordinance
233	in addition to, but not in conflict with, applicable state and
234	local building and fire codes.
235	Section 4. This act shall be construed as remedial and
236	shall be liberally construed to promote the purpose for which it
237	is intended.
238	Section 5. In the event that any part of this act should
239	be held void for any reason, such holding shall not affect any
240	other part thereof.
241	Section 6. Chapters 76-414, 80-520, 84-466, 87-422, 91-
242	398, and 95-459, Laws of Florida, are repealed.
243	Section 7. This act shall take effect upon becoming a law.