HB 1685 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 Liberty Fire District, Walton County;
13	creating a special district; providing definitions;
14	providing for creation, status, charter amendments,
15	boundaries, and purposes; providing for a board of
16	commissioners; providing for election and terms of
17	commissioners; providing for employment of board
18	personnel; providing for election of board officers;
19	providing for compensation and bonds of commissioners;
20	providing for powers, duties, and responsibilities of the
21	board; preserving the authority to levy non-ad valorem
22	special assessments; providing for impact fees;
23	authorizing the board to levy special assessments;
24	providing legislative intent; providing for duties of the
25	property appraiser; providing for special assessment as a
26	lien; providing for deposit of such special assessments;
27	providing for authority to disburse funds; authorizing the
28	board to borrow money; providing for use of district
29	funds; requiring a record of all board meetings;
30	authorizing the board to adopt policies and regulations;
31	providing for the board to make an annual budget;
32	requiring an annual report; authorizing the board to enact
33	fire prevention ordinances, appoint a district fire chief,
34	acquire land, enter contracts, establish salaries, and
35	establish and operate a fire rescue service; providing for
36	district authority upon annexation of district lands;
37	providing for dissolution; providing immunity from tort
38	liability for officers, agents, and employees; providing
39	for district expansion; providing for construction and
40	effect; providing an effective date.
41
42	Be It Enacted by the Legislature of the State of Florida:
43
44	Section 1. The Liberty Fire District is hereby created and
45	the charter for the district is created to read:
46	Section 1. Definitions.--As used in this act, unless
47	otherwise specified:
48	(1) "District" means the Liberty Fire District.
49	(2) "Board" means the board of commissioners created
50	pursuant to this act and chapter 191, Florida Statutes.
51	(3) "Board of directors" means the existing policymaking
52	and governing body of the Liberty Fire District of Walton
53	County.
54	(4) "Commissioner" means a member of the board of
55	commissioners of and for the district.
56	(5) "Director" means a member of the board of directors.
57	(6) "Residence" means one single-family dwelling,
58	including one single-apartment dwelling unit, one single-
59	condominium dwelling unit, one single duplex, triplex, or other
60	attached dwelling unit, one single-family detached dwelling
61	unit, or one single mobile or modular home dwelling unit.
62	(7) "Business" means motels, apartments, or rental
63	dwellings, along with other standard commercial or industrial
64	businesses such as gasoline stations, stores, marinas, and
65	similar establishments, as authorized pursuant to the applicable
66	local government comprehensive plan, whether or not such
67	businesses are required to pay or collect sales taxes.
68	Section 2. Creation; status; charter amendments;
69	boundaries; district purposes.--There is hereby created an
70	independent special fire control district and rescue service
71	district incorporating lands in Walton County described in
72	subsection (1), which shall be a public corporation having the
73	powers, duties, obligations, and immunities herein set forth,
74	under the name of the Liberty Fire District. The district is
75	organized and exists for all purposes and shall hold all powers
76	set forth in this act and chapters 189 and 191, Florida
77	Statutes.
78	(1) The lands to be included within the district are
79	the following described lands in Walton County: All
80	Sections 2, 3, 4, 5, 8, 9, 10, 11, 13, 14, 15, 16, 17,
81	21, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35, 36,
82	Township 4 North, Range 20 West; Walton County,
83	Florida. Also all of Section 33, Township 4 North,
84	Range 19 West, Walton County, Florida; less and except
85	the North 3/4 of section. Also all Sections 17, 18,
86	19, 20, 29, 30, 31, 32, Township 4 North, Range 19
87	West; Walton County, Florida. Also Sections 4, 5, 6,
88	7, 8, 9, 16, 17, 18, 19, 20, 30, Township 3 North,
89	Range 19 West; Walton County, Florida. Also Sections
90	1, 2, 11, 12, 13, 14, 23, 24, 25, 26, Township 3
91	North, Range 20 West; Walton County, Florida. Also
92	Section 29, Township 3 North, Range 19 West, less and
93	except; S 1/2 of NE 1/4 of NE 1/4 and SE 1/4 of NE
94	1/4 and S 1/2 of NW 1/4 of the NE 1/4 and also less
95	the N 1/2 of the E 1/2 of the NE 1/4 of the NE 1/4.
96	All of Section 28, Township 3 North, Range 19 West;
97	Walton County, Florida less and except the SW 1/4 of
98	section and also less and except the E 1/4 of section
99	also less and except beginning at the Southwest corner
100	of the NE 1/4 of the NE 1/4 thence run West to the
101	Southwest corner of the NW 1/4 of the NE ¼ thence run
102	West to the Southwest corner of the NW 1/4 of the NE
103	1/4 run thence North to the South boundary line of the
104	R/W line of L & N Railroad; thence Westward along the
105	South boundary line of said L & N Railroad to its
106	intersection with the West line of Section 28; thence
107	South along the section line to the Southwest corner
108	of the NW 1/4 of said Section 28; thence East to the
109	Southeast corner of the NW 1/4 of said Section 28
110	thence South to the Southwest corner of the SE 1/4 of
111	said section; thence East to the Southeast corner of
112	the SE 1/4 of the SE 1/4 of said Section; thence North
113	along the line to the point of beginning; also less
114	and except the E 1/2 of the NW 1/4 of the NE 1/4; also
115	less and except the commencing at the SW corner of Lot
116	No. 1, Kam-Akers S/D, thence run Westerly along the
117	North R/W line of U.S. Highway 90 a distance of 40
118	feet to the point of beginning; thence continue
119	Westerly along said highway a distance of 156.10 feet;
120	thence North perpendicular to said highway a distance
121	of 144 feet; thence East Parallel with said highway a
122	distance of 97.71 feet; thence South perpendicular
123	with said highway a distance of 44 feet; thence East
124	parallel with said highway 60 feet to the Western
125	boundary of Twin Lake Drive; thence South 100 feet to
126	the point of beginning; also less and except begin at
127	the intersection of the Easterly R/W line of U.S.
128	Highway 331 and the Northerly R/W line of U.S. Highway
129	90 located in the NE 1/4 of the NW 1/4 of Section 28;
130	thence N 02 degrees 09'26'' East along the South line
131	of Wilburn and Linda Cotton property (O.R. Book 329,
132	Page 433) and the South line of William and Ruth
133	Wickert (O.R. Book 331, Page 619) at the Northeast
134	corner of section run South 00 degrees property 550.25
135	feet to the Westerly R/W line of U.S. Highway 90;
136	thence run N 79 degrees 06'31'' West along said
137	Northerly R/W line 199.40 feet to the point of
138	beginning. All of Section 21, Township 3 North, Range
139	19 West; less and except commencing at the SE corner
140	of Block 1 of Plant No. 1 of W.B. Harbeson Lumber
141	Company's S/D run thence N 10 degrees 30'00'' East
142	66.5 feet to the North R/W line of U.S. Highway 90;
143	thence Eastwardly along said Northern highway boundary
144	a distance of 250 feet to the point of beginning;
145	thence continue Eastwardly along said Northern highway
146	boundary a distance of 918 feet; thence N 04 degrees
147	40'00'' east 636.60 feet; thence North 79 degrees
148	30'00'' West 833.80 feet; thence South 10 degrees
149	30'00'' West a distance of 630 feet to the point of
150	beginning; also less and except all of South 3/4 of
151	section lying East of U.S. Highway 331 North; and also
152	less and except; commence at the Northeast corner of
153	Lot 6 Block Z of said Oakwood Lake Estates; thence
154	North 88 degrees 14'10'' West along the North line of
155	said Block Z for 1100 feet to the Northwest corner
156	thereof and its intersection with the East R/W line of
157	Commerce Blvd.; thence departing said North block line
158	run North 01 degrees 45'50'' East along the East R/W
159	line and Northeasterly extension thereof for 787.97
160	feet; thence departing the Northeasterly extension of
161	the East R/W line of Commerce Blvd. run South 88
162	degrees 14'10'' East for 119.62 feet to the West R/W
163	line of U.S. Highway 331 and a point on a curve being
164	concave Northwesterly and having a radius of 5696.58
165	feet; thence run Southwesterly along said curve and
166	West R/W line an arc distance of 414.27 feet through a
167	central angle of 04 degrees 10'00'' (chord = 414.18
168	feet, chord bearing = S 02 degrees 12'04'' West) to
169	the point of tangency of said curve; thence continue
170	along said R/W line S 04 degrees 17'04'' West for
171	374.16 feet to the foresaid Northeast corner of Lot 6
172	Block Z of said recorded S/D and the point of
173	beginning; and also less and except; beginning
174	31'16'' East along the East boundary line of said
175	section 1848.16 feet; thence N 76 degrees 14'35'' West
176	along the Northerly R/W line of Shoemaker Drive 36.74
177	feet; thence North 00 degrees 33'51'' West 529.40
178	feet; thence N 89 degrees 48'59'' West 387.56 feet;
179	thence S 00 degrees 33'51'' East 433.04 feet to the
180	Northerly R/W of Shoemaker Drive and a point that is
181	North 16 degrees 14'35'' West 436.74 feet and South 00
182	degrees 31'16'' East 1848.16 feet from the P.O.B.
183	thence run Northwesterly along said R/W line 1680.00
184	feet; thence North 12 degrees 33'01'' East 259.06 feet
185	to the Northerly R/W line of a 75-foot gas
186	transmission easement; thence run along said easement
187	North 80 degrees 21'05'' West 790.19 feet more or less
188	to the Easterly R/W line of U.S. 331; thence North 05
189	degrees 50'00'' West 34.90 feet of a chord; thence
190	Northwesterly along the arc of said R/W 600.45 feet;
191	thence run East along the North section line to the
192	point of beginning. All of Section 22, Township 3
193	North, Range 19 West, Walton County, Florida less and
194	except; South 3/4 of section and also less and except;
195	the N 1/2 of the NE 1/4 of section also less and
196	except; the point of beginning shall be the
197	intersection of the South line of the NE 1/4 of NW 1/4
198	of Section 22 with the East boundary of Juniper Lake
199	Road (66 feet wide), a County Road described in Deed
200	Book 201, Page 409 Public Records of Walton County,
201	Florida; thence run East along said Southline to the
202	Southeast corner of said NE 1/4 of NW 1/4, thence run
203	North 400 feet along the East line of said NE 1/4 of
204	NW 1/4, thence run Northeasterly to the center point
205	of the top of the vertical outflow drainage structure
206	(riser pipe) in Blueberry Pond; thence run northerly
207	to the center point of the termination of the drainage
208	structure outflow pipe into Magnolia Lake; thence
209	continue on the same bearing an additional 200 feet;
210	thence run Northeasterly to the center point of the
211	top of the vertical outflow drainage structure (riser
212	pipe) of Magnolia Lake; thence run Westerly to the
213	center point of the termination of the drainage
214	structure outflow pipe from Pine Pond into Magnolia
215	Lake, thence run Southwesterly to the center point of
216	the top of the vertical outflow drainage structure in
217	Pine Pond; thence run Southwesterly to a point in Pine
218	Pond described, as follows; a point located on a
219	bearing line running south 44 degrees 29'08'' East
220	from the Southeast corner of NW 1/4 of the NE 1/4 of
221	the SE 1/4 of the SW 1/4, Section 15, Township 3
222	North, Range 19 West, which is equidistant from the
223	points on said bearing line where it intersects the
224	Northwest waterline and the Southeast water line of
225	Pine Pond; thence run Southwest on a meander line
226	through Pine Pond to the center point of Smith Creek
227	where it normally enters Pine Pond; thence run West to
228	the intersection with the East line of the SW 1/4 of
229	the SE 1/4 of the SW 1/4 of Section 15, Township 3
230	North, Range 19 West; thence run South along said East
231	line to the Southeast corner of said SW 1/4 of SE 1/4
232	of SW 1/4; thence run South to the South line of the
233	North 33 feet of the W 1/2 of the NW 1/4 of the NE 1/4
234	of the NE 1/4 of the NW 1/4, Section 22, Township 3
235	North, Range 19 West, thence run East along said South
236	line to the East line of said W 1/2 of NW 1/4 of the
237	NE 1/4 of the NE 1/4 of the NW 1/4; thence run South
238	along said East line to the Southeast corner of said W
239	1/2 of NW 1/4 of the NE 1/4 of the NE 1/4 of the NW
240	1/4; thence run West to the Northeast corner of the SW
241	1/4 of the NW 1/4 of the NE 1/4 of the NE 1/4 of the
242	NW 1/4 of Section 22 Township 3 North, Range 19 West;
243	thence run South to the Southeast corner of NW 1/4 of
244	the SW 1/4 of the SW 1/4 of the NE 1/4 of the NW 1/4
245	of Section 22 Township 3 North. Range 19 West; thence
246	run West along the South line of said NW 1/4 of SW 1/4
247	of NE 1/4 of the NW 1/4 to the point of intersection
248	with the East boundary of Juniper Lake Road; thence
249	run South along the East boundary to the point of
250	beginning. so, the following easements for road and
251	utility purposes; South 33 feet of SW 1/4 of the SE ¼
252	of the SW 1/4 of Section 15, Township 3 North, Range
253	19 West. The South 33 feet of the SW 1/4 of the NW 1/4
254	of the NE 1/4 of the NW 1/4 of Section 22, Township 3
255	North, Range 19 West. The North 33 feet of the NW 1/4
256	of the SW 1/4 of the NE 1/4 of the NW 1/4 of Section
257	22, Township 3 North, Range 19 West. The North 33 feet
258	of the NW 1/4 of the NE 1/4 of the NW 1/4 of Section
259	22, Township 3 North, Range 19 West, Walton County,
260	Florida. All of Section 15, Township 3 North, Range 19
261	West, Walton County, Florida less and except. The
262	point of beginning shall be the intersection of the
263	South line of the NE 1/4 of NW 1/4 of Section 22 with
264	the East boundary of Juniper Lake Road (66 feet wide),
265	a county road described, in Deed Book 201, Page 409
266	Public Records of Walton County, Florida; thence run
267	East along said South line to the Southeast Corner of
268	said NE 1/4 of NW 1/4, thence run north 400 feet along
269	the East line of said NE 1/4 of NW 1/4, thence run
270	Northeasterly to the center point of the top of the
271	vertical outflow drainage structure (riser pipe) in
272	Blueberry Pond; thence run Northerly to the center
273	point of the termination of the drainage structure
274	outflow pipe into Magnolia Lake; thence continue on
275	the same bearing an additional 200 feet; thence run
276	Northeasterly to the center point of the top of the
277	vertical outflow drainage structure (riser pipe) of
278	Magnolia Lake; thence run Westerly to the center point
279	of the termination of the drainage structure outflow
280	pipe from Pine Pond into Magnolia Lake, thence run
281	Southwesterly to the center point of the top of the
282	vertical outflow drainage structure in Pine Pond;
283	thence run Southwesterly to a point in Pind Pond
284	Described, as follows; a point located on a bearing
285	line running South 44 degrees 29'08'' East from the
286	Southeast corner of NW 1/4 of the NE 1/4 of the SE 1/4
287	to SW 1/4, Section 15, Township 3 North, Range 19
288	West, which is equidistant from the points on said
289	bearing line where it intersects the Northwest
290	waterline and the Southeast water line of Pine Pond;
291	thence run Southwest on a meander line through Pine
292	Pond to the center point of Smith Creek where it
293	normally enters Pine Pond; thence run West to the
294	intersection with the East line to the Southeast
295	corner of said SW 1/4 of the SE 1/4 of the SW 1/4 of
296	Section 15, Township 3 North, Range 19 West; thence
297	run South along said East line to the Southeast corner
298	of said SW 1/4 of SE 1/4 of SW 1/4; thence run South
299	to the South line of the North 33 feet of the W 1/2 of
300	the NW 1/4 of the NE 1/4 of the NE 1/4 of the NW 1/4,
301	Section 22, Township 3 North, Range 19 West, thence
302	run East along said South line to the East line of
303	said W 1/2 of NW 1/4 of the NE 1/4 of the NE 1/4 of
304	the NE 1/4 of the NW 1/4; thence run South along said
305	East line to the Southeast corner of said W 1/2 of NW
306	1/4 of the NE 1/4 of the NE 1/4 of the NW 1/4; thence
307	run West to the Northeast corner of the SW 1/4 of the
308	NW 1/4 of the NE 1/4 of the NE 1/4 of the NW 1/4 of
309	Section 22, Township 3 North, Range 19 West; thence
310	run South to the Southeast corner of NW 1/4 of the SW
311	1/4 of the NE 1/4 of the NW 1/4 of Section 22,
312	Township 3 North, Range 19 West; thence run West along
313	the South line of said NW 1/4 of SW 1/4 of NE 1/4 of
314	NW 1/4 to the point of intersection with the east
315	boundary of Juniper Lake Road; thence run South along
316	the East boundary to the point of beginning. Also, the
317	following easements for road and utility purposes;
318	South 33 feet of SW 1/4 of the SE 1/4 of SW 1/4 of
319	Section 15, Township 3 North, Range 19 West. The South
320	33 feet of the SW 1/4 of the NW 1/4 of the NE 1/4 of
321	the NW 1/4 Section 22, Township 3 North, Range 19
322	West. The North 33 feet of the NW 1/4 of the SW 1/4 of
323	the NE 1/4 of the NW 1/4 of Section 22, Township 3
324	North, Range 19 West. The North 33 feet of the NW 1/4
325	of the NE 1/4 of the NW 1/4 of Section 22, Township 3
326	North, Range 19 West Walton County, Florida. Also
327	less all property lying East of a line running North
328	and South from the center of Juniper Lake Dam and not
329	in the Defuniak Springs City Limits. All of Section
330	10, Township 3 North, Range 19 West Walton County,
331	Florida less and except all lying North of Juniper
332	Lake, and Southeast corner of the section East of
333	Juniper Lake Dam.
334	(2) The purpose of this act is to promote the general
335	health, welfare, and safety of the citizens and residents of
336	Walton County who reside within the geographical limits of the
337	Liberty Fire District by providing for the financial support of
338	the Liberty Fire District of Walton County, a Florida not-for-
339	profit corporation, which currently provides the district with
340	fire protection services, facilities, and firefighting
341	equipment; the establishment and maintenance of fire stations
342	and fire substations; the acquisition and maintenance of all
343	firefighting and protection equipment necessary for the
344	prevention of fires or fighting of fires; the employment and
345	training of such personnel as may be necessary to accomplish
346	fire prevention and firefighting; the establishment and
347	maintenance of emergency services; the acquisition and
348	maintenance of rescue and other emergency equipment; and the
349	employment and training of necessary emergency personnel. The
350	district may provide emergency medical services. The district
351	shall have all other powers necessary to carry out these
352	purposes. The district shall be a fire control district and
353	shall have no responsibility for providing ambulance or similar
354	emergency services within the district's boundaries.
355	(3) Nothing herein shall prevent the district from
356	cooperating with the state or other local governments to render
357	such services to communities adjacent to the land described in
358	this section as evidenced by a signed Aid Agreement.
359	(4) The district charter may be amended only by special
360	act of the Legislature.
361	Section 3. Board of commissioners.--
362	(1) Pursuant to chapter 191, Florida Statutes, the
363	business and affairs of the district shall be governed and
364	administered by a board of five commissioners, who shall be
365	qualified electoral residing within the district and shall be
366	elected by the qualified electors residing within the district
367	at a special election, subject to the provisions of chapter 189
368	and 191, Florida Statues, and this act. Each commissioner shall
369	hold office until his or her successor is elected and qualified
370	under the provisions of this act. The procedures for conducting
371	district elections and for qualification of candidates and
372	electors shall be pursuant to chapters 189 and 191, Florida
373	Statutes, as they may be amended from time to time.
374	(2) The five members of the initial board shall be elected
375	by the qualified electors residing within the district. The
376	three elected members for seats 1, 3, and 5 in the initial
377	election under this act shall serve terms of 3 years each. The
378	remaining two selected members for seats 2 and 4 in the initial
379	election under this act shall serve terms of 2 years each.
380	Subsequent elections under this act shall coincide with the
381	general elections of this state. The members of the board shall
382	serve on a nonpartisan basis for a term of 4 years each.
383	(3) Vacancies in office shall be filled by special
384	election, said election to be held coincidental with the next
385	countywide general or special election. The board may appoint a
386	qualified elector of the district to act as commissioner until
387	the vacancy is filled by election. A commissioner must be a
388	qualified elector residing within the district. A commissioner
389	may be removed from office for any reason that a state or county
390	officer may be removed.
391	(4) All elections shall be noticed, called, and held
392	pursuant to the provisions of the general laws of the state,
393	except as herein otherwise provided. The board shall, to the
394	extent possible, coordinate all elections with countywide
395	general or special elections in order to minimize cost.
396	Elections shall be called through the adoption of an appropriate
397	resolution of the district directed to the Board of County
398	Commissioners of Walton County, the Supervisor of Elections of
399	Walton County, and other appropriate officers of the county. The
400	district shall reimburse county government for the actual cost
401	of district elections. No commissioner shall be a paid employee
402	of the district while holding said position. This shall not
403	prevent volunteers receiving reimbursement for expenses from
404	serving as commissioners.
405	(5) The board may employ such personnel as deemed
406	necessary for the proper function and operation of a fire
407	district. The salaries of fire department and emergency service
408	personnel, and any other wages, shall be determined by the
409	board.
410	Section 4. Officers; board compensation; bond.–-
411	(1) In accordance with chapter 191, Florida Statutes, each
412	elected member of the board shall assume office 10 days
413	following the member's election. Annually, within 60 days after
414	election of new members of said board, the members immediately
415	upon their election as herein provided, or within 10 days
416	thereafter and annually in November, shall organize by electing
417	from their number a chair, vice chair, secretary, and treasurer.
418	However, the same member may be both secretary and treasurer, in
419	accordance with chapter 191, Florida Statutes, as amended from
420	time to time.
421	(2) The commissioners may receive reimbursement for actual
422	expenses incurred while performing the duties of their offices
423	in accordance with general law governing per diem for public
424	officials. Commissioners may receive compensation for their
425	services in accordance with chapter 191, Florida Statutes, as
426	amended from time to time.
427	(3) Each commissioner, upon taking office and in
428	accordance with chapters 189 and 191, Florida Statutes, shall
429	execute to the Governor, for the benefit of the district, a bond
430	of $5,000 with a qualified personal or corporate surety,
431	conditioned upon the faithful performance of the duties of the
432	commissioner's office and upon an accounting for all funds which
433	come into his or her hands as commissioner; however, the
434	treasurer shall furnish a bond of $10,000, which may be in lieu
435	of the $5,000 bond. The premium for such bonds shall be paid
436	from district funds.
437	Section 5. Powers; duties; responsibilities.–-
438	(1) The district shall have and the board may exercise by
439	majority vote all the powers and duties set forth in this act
440	and chapters 189, 191, and 197, Florida Statutes, as they may be
441	amended from time to time, including, but not limited to,
442	special assessments, other revenue-raising capabilities, budget
443	preparation and approval, liens and foreclosure of liens, use of
444	tax deeds and tax certificates as appropriate from non-ad
445	valorem assessments, contractual agreements, and adoption of
446	ordinances and resolutions that are necessary to conduct
447	district business if such ordinances do not conflict with any
448	ordinance of a local general purpose government within whose
449	jurisdiction the district is located.
450	(2) The board shall continue to have the right, power, and
451	authority to levy annually special assessment against the
452	taxable real estate within the district to provide funds for the
453	purposes of the district, in an amount not to exceed the limit
454	provided in chapter 191, Florida Statues, as amended from time
455	to time.
456	(3) The methods for assessing and collecting special
457	assessments, fees, or service charges shall be as set
458	forth in this act and chapters 170, 189, 191, and 197, Florida
459	Statues, as amended from time to time.
460	(4) The district shall levy and collect special
461	assessments in accordance with chapter 200, Florida Statutes, as
462	amended from time to time.
463	(5) The district is authorized to levy and enforce special
464	assessments in accordance with chapters 170, 189, 191, and 197,
465	Florida Statutes, as amended from time to time.
466	(6) The district’s planning requirements shall be as set
467	forth in this act and chapters 189 and 191, Florida
468	Statues, as amended from time to time.
469	(7) Requirements for financial disclosure, meeting
470	notices, reporting, public records maintenance, and per diem
471	expenses for officers and employees shall be as set forth in
472	this act and chapters 112, 119, 189, 191, and 286, Florida
473	Statutes, as amended from time to time.
474	Section 6. Impact fees.--
475	(1) Pursuant to section 191.009(4), Florida Statutes, it
476	is hereby declared that the cost of new facilities upon fire
477	protection and emergency services should be borne by new users
478	of the district's services to the extent new construction
479	requires new facilities, but only to that extent. It is the
480	legislative intent of this section to transfer to the new users
481	of the district's fire protection and emergency services a fair
482	share of the costs that new users impose on the district for new
483	facilities. This shall only apply in the event that the general
484	purpose local government in which the district is located has
485	not adopted an impact fee for fire services which is distributed
486	to the district for construction within its jurisdictional
487	boundaries.
488	(2) The impact fees collected by the district pursuant to
489	this section shall be kept as a separate fund from other
490	revenues of the district and shall be used exclusively for the
491	acquisition, purchase, or construction of new facilities or
492	portions thereof required to provide fire protection and
493	emergency services to new construction. "New facilities" means
494	land, buildings, and capital equipment, including, but not
495	limited to, fire and emergency vehicles and radio telemetry
496	equipment. The fees shall not be used for the acquisition,
497	purchase, or construction of facilities which must be obtained
498	in any event, regardless of growth within the district. The
499	board of fire commissioners shall maintain adequate records to
500	ensure that impact fees are expended only for permissible new
501	facilities.
502	Section 7. Special assessments.--
503	(1) The board shall have the right, power, and authority
504	to levy special assessments against the taxable real estate
505	within the district to provide funds for the purpose of the
506	district.
507	(2)(a) The rate of the special assessment for a residence
508	will be $25 annually.
509	(b) The rate of the special assessment for a business will
510	be $82 annually.
511	(c) Any increase to the special assessment must be
512	approved by a majority of the electors within the Liberty Fire
513	District.
514	(3) It is the legislative intent that this act shall
515	authorize the Walton County Property Appraiser and the Walton
516	County Tax Collector to take all appropriate action to comply
517	with the intent of the purpose of this act.
518	(4) It is also the legislative intent that the board of
519	commissioners shall be a vehicle to provide funding to
520	accomplish the purpose set out in this act.
521	Section 8. Property appraiser.--
522	(1) The Walton County Property Appraiser shall furnish the
523	commissioners a tax roll covering all taxable properties within
524	the district on or before July 1 of each year.
525	(2) The Walton County Property Appraiser shall include in
526	the Walton County tax roll the assessments made by the board,
527	and the same shall be collected in the manner as provided for by
528	this act and paid over by the Walton County Tax Collector to the
529	board.
530	(3) The Walton County Property Appraiser shall be
531	reimbursed for assessing such special assessments in the manner
532	and amount authorized by general law, and the Walton County Tax
533	Collector shall receive a commission or fee of 3 percent for
534	collection of such special assessments.
535	Section 9. Special assessment as a lien.--
536	(1) The special assessment levied and assessed by the
537	district shall be a lien upon the property so assessed along
538	with the county taxes assessed against such property until said
539	assessments and taxes have been paid, and if the special
540	assessment levied by the district becomes delinquent, such
541	special assessment shall be considered a part of the county tax
542	subject to the same penalties, charges, fees, and remedies for
543	enforcement and collection of such taxes.
544	Section 10. Deposit of special assessments; fees;
545	authority to disburse funds.--
546	(1) The proceeds of the assessments and funds of the
547	district shall be deposited in qualified public depositories, in
548	accordance with chapters 191 and 280, Florida Statutes, as they
549	may be amended from time to time, in the name of the district in
550	a bank authorized to receive deposits of district funds. The
551	bank shall be designated by a resolution of the board.
552	(2) All warrants for the payment of labor, equipment, and
553	other expenses of the board, and in carrying into effect this
554	act and the purpose thereof, shall be payable by the treasurer
555	of the board on accounts and vouchers approved and authorized by
556	the board. No funds of the district shall be paid out or
557	disbursed except by check signed by the treasurer of the board
558	and either the chair or vice chair of the board.
559	Section 11. Authority to borrow money.–-
560	(1) The board of commissioners shall have the power and
561	authority to borrow money or issue other evidences of
562	indebtedness for the purpose of the district in accordance with
563	chapters 189 and 191, Florida Statutes, as amended from time to
564	time; provided, however, that the total payments in any one
565	year, including principal and interest, on any indebtedness
566	incurred by the district shall not exceed 50 percent of the
567	total estimated
568	annual budgeted revenues of the district.
569	(2) The board of commissioners, board of directors as a
570	body, or any of the members of either board as individuals shall
571	not be personally or individually liable for the repayment of
572	such loan. Such repayment shall be made out of the special
573	assessment receipts of the district, except as provided in this
574	subsection. The commissioners shall not create any indebtedness
575	or incur obligations for any sum or amount which they are unable
576	to repay out of district funds available to them at that time,
577	except as otherwise provided in this act; provided, however,
578	that the commissioners may make purchases of equipment on an
579	installment basis as necessary if funds are available for the
580	payment of the current year's installment on such equipment plus
581	the amount due in that year of any of the installments and the
582	repayment of any bank loan or other existing indebtedness, which
583	may be due that year.
584	Section 12. Use of district funds.-–
585	(1) No funds of the district shall be used for any
586	purposes other than the administration of the affairs and
587	business of the district; the construction, care, maintenance,
588	upkeep operation, and purchase of firefighting and rescue
589	equipment or a fire station; the payment of public utilities;
590	and the payment of salaries of district personnel as the board
591	may from time to time determine to be necessary for the
592	operations and effectiveness
593	of the district.
594	Section 13. Record of board meetings; authority to adopt
595	rules and regulations; annual reports; budget.--
596	(1) A record shall be kept of all meetings of the board,
597	and in such meetings concurrence of a majority of the
598	commissioners present shall be necessary to any affirmative
599	action by the board.
600	(2) The board shall have the authority to adopt and amend
601	policies and regulations for the administration of the affairs
602	of the district under the terms of this act and chapters 189 and
603	191, Florida Statues, which shall include, but not be limited
604	to, the authority to adopt the necessary rules and regulations
605	for the administration and supervision of the property and
606	personnel of the district; for the prevention of fires, fire
607	control, fire hydrant placement, and flow testing in accordance
608	with current NFPA rules; and for rescue work within the
609	district. Said commissioners shall have all the lawful power and
610	the authority necessary to carry out the purposes of said fire
611	district; to purchase all necessary real and personal property;
612	to purchase and carry standard insurance policies on all such
613	equipment; to employ such personnel as may be necessary to carry
614	out the purpose of said fire district; to provide adequate
615	insurance for said employees; to purchase and carry appropriate
616	insurance for the protection of all firefighters and personnel
617	as well as all equipment and personal property on loan to the
618	district; to sell surplus real and personal property in the same
619	manner and subject to the same restrictions as provided for such
620	sales by counties; to enter into contracts with qualified
621	service providers, the Liberty Fire District of Walton County,
622	other fire departments, municipalities, and state and federal
623	governmental units for the purpose of obtaining financial aid;
624	and for otherwise carrying out the purposes of the district. The
625	commissioners shall adopt a fiscal year for said fire district,
626	which shall be October 1 to September 30.
627	(3) Any policies, rules, and regulations promulgated and
628	made by the board shall have the force and effect of law after
629	copies thereof, signed by the secretary and chair or vice chair,
630	shall have been posted in three public places within the
631	district in conspicuous locations and advertised by title once a
632	week for 2 consecutive weeks in a newspaper of general paid
633	circulation in the district.
634	(4) The board shall, on or before November 1, make an
635	annual report of its actions and accounting of its funds as of
636	September of that year, and shall file said report in the office
637	of the Clerk of the Circuit Court of Walton County, whose duty
638	it shall be to receive and file said report and hold and keep
639	the same as a public record.
640	(5) For the purposes of carrying into effect this act, the
641	board shall annually prepare, consider, and adopt a district
642	budget pursuant to the applicable requirements of chapters 189
643	and 191, Florida Statutes, as they may be amended from time to
644	time. The board shall, at the same time as it makes its annual
645	report, file its estimated budget for the fiscal year beginning
646	October 1, which budget shall show the estimated revenue to be
647	received by the district and the estimated expenditures to be
648	incurred by the district in carrying out its operations.
649	Section 14. Authority to enact fire prevention ordinances;
650	appoint fire chief; acquire land; enter contracts; establish
651	salaries; general and special powers; authority to provide
652	emergency medical and rescue services.--
653	(1) The board of commissioners shall have the right and
654	power to enact fire prevention ordinances in the same manner
655	provided for the adoption of policies and regulations in
656	subsection (2) of section 13, and when the provisions of such
657	fire prevention ordinances are determined by the board to be
658	violated, the office of the state attorney, upon written notice
659	of such violation issued by the board, is authorized to
660	prosecute such person or persons held to be in violation
661	thereof. Any person found guilty of a violation may be punished
662	as provided in chapter 775, Florida Statutes, as a misdemeanor
663	of the second degree. The cost of such prosecution shall be paid
664	out of the district funds, unless otherwise provided by law.
665	(2) The board shall have the power to appoint a fire
666	chief, who shall be a person experienced in all types of
667	firefighting and fire prevention and who shall work with and
668	cooperate with the Florida State Fire Marshal in which the
669	district is situated in the prevention of fires of all types.
670	The district fire chief shall be authorized to enter, at all
671	reasonable hours, any building or premises for the purpose of
672	making any inspection or investigation which the State Fire
673	Marshal is authorized to make pursuant to state law and
674	regulation. The owner, lessee, manager, or operator of any
675	building or premises shall permit the district fire chief to
676	enter and inspect the building or premises at all reasonable
677	hours. The district fire chief shall report any violations of
678	state fire safety laws or regulations to the appropriate
679	officials.
680	(3) The board shall have the power to acquire, by gift or
681	purchase, lands or rights in lands, and any other property, real
682	and personal, tangible or intangible, necessary, desirable, or
683	convenient for carrying out the purposes of the district, and to
684	pay any and all costs of same out of the funds of the district,
685	provided that prior to the acquisition of the location of a fire
686	station site, an appropriate investigation shall be conducted
687	which shall include, but not limited to, obtaining the staff
688	recommendation of the Walton County Planning Department.
689	(4) The board shall have the power to enter into contracts
690	or to otherwise join with the Liberty Fire District of Walton
691	County, or to otherwise join with any other district, city, or
692	town, the United States of America, or any agency or authority
693	thereunder, for the purpose of expanding services, providing
694	effective aid, and accomplishing and carrying out the purposes
695	for which the district was created and for the further purpose
696	of specifically obtaining financial aid, assistance, or subsidy.
697	(5) The salaries of fire department personnel and any
698	other wages shall be determined by the board.
699	(6) The district is authorized to establish and maintain
700	emergency medical and rescue response services and acquire and
701	maintain rescue, medical, and other emergency equipment, subject
702	to the provisions of chapter 401, Florida Statutes.
703	Section 15. Annexations.--If any municipality or other
704	fire control district annexes any land included in the district,
705	such annexation shall follow the procedures set forth in section
706	171.093, Florida Statutes, as amended from time to time.
707	Section 16. Dissolution.--The district shall exist until
708	dissolved in the same manner as it was created. If the Liberty
709	Fire District of Walton County is dissolved or ceases to exist
710	for any reason, or if the board determines that the Liberty Fire
711	District of Walton County is unable to carry out its objectives
712	as stated or the objectives of the district as stated in
713	subsection (2) of section 2, or the district's published
714	policies, the board shall in its discretion make arrangements
715	for other means of providing fire protection and rescue
716	services.
717	Section 17. Immunity from tort liability.-–
718	(1) The district and its officers, agents, and employees
719	shall have the same immunity from tort liability as other
720	agencies and subdivisions of the state. The provisions of
721	chapter 768, Florida Statutes, as from time to time amended,
722	shall apply to all claims asserted against the district.
723	(2) The district commissioners and all officers, agents,
724	and employees of the district shall have the same immunity and
725	exemption from personal liability as is provided by general law
726	of the state for state, county, and municipal officers.
727	(3) The district shall defend all claims against the
728	commissioners, officers, agents, and employees which arise
729	within the scope of employment or purposes of the district and
730	shall pay all judgments against said persons, except where said
731	persons acted in bad faith or with malicious purpose or in a
732	manner exhibiting wanton and willful disregard of human rights,
733	safety, or property.
734	Section 18. District expansion.-–
735	(1) The district boundaries may be extended from time to
736	time as follows:
737	(a) Land contiguous to the boundaries of the district in
738	unincorporated Walton County may be included in the district
739	when petition for inclusion signed and sworn to by a majority of
740	the owners of the real property within the tract or tracts to be
741	included in the district has been presented to the board of
742	commissioners and the proposal has been approved by the
743	affirmative vote of no fewer than three members of the board of
744	commissioners at a regular meeting.
745	(b) The petition must contain the legal description of the
746	property sought to be added to the district and the names and
747	addresses of the owners of the property.
748	(2) If a proposal to add an area to the district as
749	defined in subsection (1) is approved by the affirmative vote of
750	no fewer than three members of the board of commissioners at a
751	regular meeting, the board of commissioners shall thereafter
752	adopt a resolution describing the lands to be included within
753	the district and shall cause such resolution to be duly enrolled
754	in the record of the meeting and a certified copy of the
755	resolution to be recorded in the Office of the Clerk of the
756	Circuit Court of Walton County.
757	(3) Upon adoption of the resolution by the board, the
758	district shall, pursuant to chapter 191, Florida Statutes,
759	request that its legislative delegation approve said addition
760	and sponsor legislation amending the district boundary. Upon
761	approval by the legislature, the boundary shall be amended.
762	(4) Lands within municipal boundaries of cities contiguous
763	to district boundaries may be included in the district upon
764	request by the governing board of the municipality, approval of
765	said request by affirmative vote of no fewer that three members
766	of the district board, and referendum approval of inclusion by
767	the electors of the municipality. The referendum shall be
768	conducted by the municipality at the next available special or
769	general election.
770	Section 19. Construction.--This act shall be construed as
771	remedial and shall be liberally construed to promote the purpose
772	for which it is intended.
773	Section 20. Effect.--In the event that any part of this
774	act should be held void for any reason, such holding shall not
775	affect any other part thereof.
776	Section 2. This act shall take effect upon becoming a law.