HB 1645

1
A bill to be entitled
2An act relating to Holley-Navarre Fire District, Santa
3Rosa County; providing for codification of special laws
4relating to the district; amending, codifying, reenacting,
5and repealing all prior special acts; providing
6definitions; providing for creation, status, charter
7amendments, and boundaries; providing for a board of
8supervisors and powers, duties, and responsibilities;
9preserving the authority to levy ad valorem taxes and non-
10ad valorem assessments; providing powers and authorities;
11providing for a non-ad valorem assessment schedule;
12specifying limitations; providing for liens; providing for
13authority to disburse funds; authorizing district to
14borrow money; providing for use of district funds;
15requiring a record of all board meetings; authorizing the
16board to adopt policies and regulations; providing for an
17annual budget; authorizing the board to enact fire
18prevention ordinances, appoint a fire marshal, acquire
19land, enter contracts, and operate a fire rescue service;
20providing for district authority upon annexation of
21district lands; providing for dissolution; providing
22immunity from tort liability for officers, agents, and
23employees; providing for district expansion; providing for
24construction, effect, conflict, and repeal of all prior
25special acts; providing an effective date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  Intent.--Pursuant to section 191.015, Florida
30Statutes, this act constitutes the codification of all special
31acts relating to Holley-Navarre Fire District, formerly the
32Holley-Navarre Fire Protection District, located in Santa Rosa
33County.  It is the intent of the Legislature to provide a
34single, comprehensive special act charter for the district,
35including all current legislative authority granted to the
36district by its several legislative enactments and any
37additional authority granted by this act, and chapters 189 and
38191, Florida Statutes, as amended from time to time.  It is
39further the intent of this act to preserve all district
40authority, including the authority, upon referendum approval of
41district electors, to annually assess and levy against the
42taxable property in the district an ad valorem tax not to exceed
43the limit provided in chapter 191, Florida Statutes, as amended
44from time to time.
45     Section 2.  Codification.--Chapters 80-603 and 81-485, Laws
46of Florida, related to Holley-Navarre Fire District are amended,
47codified, reenacted, and repealed as provided herein.
48     Section 3.  The Holley-Navarre Fire District is re-created
49and the charter for the district is re-created and reenacted to
50read:
51     Section 1.  Definitions.--As used in this act unless
52otherwise specified:
53     (1)  ?District? means the Holley-Navarre Fire District.
54     (2)  ?Board? means the board of commissioners created
55pursuant to this act and chapter 191, Florida Statutes.
56     (3)  ?Commissioner? means a member of the board of
57commissioners of and for the district.
58     (4)  ?County? means Santa Rosa County.
59     (5)  ?Residence? means one single-family dwelling,
60including one single-apartment dwelling unit; one single-
61condominium dwelling unit; one single-duplex, triplex, or other
62attached dwelling unit; one single-family detached dwelling
63unit; or one single-mobile or modular home dwelling unit.
64?Single-mobile home dwelling unit? means the realty upon which a
65residential mobile or modular home is located, whether a rental
66space or lot, or otherwise, but does not refer to the mobile or
67modular home itself.
68     (6)  ?Business? means motels or apartments, standard
69commercial or industrial businesses such as gasoline stations,
70stores, marinas, and similar establishments, as authorized
71pursuant to the applicable local government comprehensive plan.
72     Section 2.  Creation; status; charter amendments;
73boundaries; district purposes.--There is hereby created an
74independent special taxing fire protection and rescue service
75district incorporating lands in Santa Rosa County described in
76subsection (1) which shall be a public corporation having the
77powers, duties, obligations, and immunities herein set forth,
78under the name of the Holley-Navarre Fire District.  The
79district is organized and exists for all purposes, and shall
80hold all powers set forth in this act and chapters 189 and 191,
81Florida Statutes, as they may be amended from time to time.
82     (1)  The lands to be included within the district are the
83following described lands in Santa Rosa County:
84Beginning at the East line of Sections 12, 13 and 24
85Range 26, West, Township 2 South, which is the East
86boundary of Santa Rosa County, and including those
87portions of Sections 4, 5, 6, 7, 8, 9, 10, 11, 14, 15,
8816, 17, 18, 19, 20, 21, 22, 23, and beginning at the
89West line of Sections 2, 11, 14, and 23, Range 27
90West, Township 2 South and including those portions of
91Sections 1, 3, 10, 12, 13, 15, 22, 24, 25, 26, and 27
92that lay South of Eglin Field Military Reservation and
93North of Santa Rosa Sound; and beginning at the North
94line of Section 6, Range 27 West, Township 1 South,
95including those portions of Sections 7, 18, 19, 20,
9621, 22, 23, 31, 32, 37, 38, and 39; and beginning at
97the North line of Section 12, Range 28 West, Township
981 South, including those portions of Sections 13, 14,
9915 that lay West of Eglin Field Military Reservation,
100East of Blackwater Bay and North of East Bay.
101     (2)  The purpose of this act is to promote the health,
102welfare, and safety of the citizens and residents of Santa Rosa
103County who reside within the geographical limits of that area
104known as the Holley-Navarre Fire District, by providing for:
105fire protection services, facilities, and firefighting
106equipment; the establishment and maintenance of fire stations
107and fire substations; the acquisition and maintenance of all
108firefighting and protection equipment necessary for the
109prevention of fires or fighting of fires; the employment and
110training of such personnel as may be necessary to accomplish
111fire prevention and firefighting; the establishment and
112maintenance of emergency service; the acquisition and
113maintenance of rescue and other emergency equipment; and the
114employment and training of necessary emergency personnel.  The
115district may provide advanced life support services within the
116district?s boundaries.  The district shall have all other powers
117necessary to carry out the purposes of the district as otherwise
118provided by law, including, but not limited to, the power to
119adopt all necessary measures, rules, regulations, and policies
120relating to said purposes.
121     (3)  Nothing herein shall deny the right of the chief or
122other governing officials of the district to render such
123services to communities adjacent to the land described in
124subsection (1), or such other places as from time to time may be
125deemed desirable.
126     (4)  The district was created by special act of the
127Legislature in 1980.  Its charter may be amended only by special
128act of the Legislature.
129     Section 3.  Board of commissioners.--
130     (1)  Pursuant to chapter 191, Florida Statutes, the
131business and affairs of the district shall be conducted and
132administered by a board of five commissioners, who shall serve a
133term of 4 years each, subject to the provisions of chapter 191,
134Florida Statutes, and this act. The procedures for conducting
135district elections and for qualification of candidates and
136electors shall be pursuant to chapters 189 and 191, Florida
137Statutes, as they may be amended from time to time.
138     (2)  The board may employ such personnel as deemed
139necessary for the proper function and operation of a fire
140department. The salaries of fire department and emergency
141service personnel, and any other wages, shall be determined by
142the board.
143     Section 4.  Officers; board compensation; bond.--
144     (1)  In accordance with chapter 191, Florida Statutes, each
145elected member of the board shall assume office 10 days after
146the member?s election.  Annually, within 60 days after the
147election of new members of said board, the members shall
148organize by electing from their number a chair, vice chair,
149secretary, and treasurer.  However, the same member may be both
150secretary and treasurer, in accordance with chapter 191, Florida
151Statutes, as amended from time to time.
152     (2)  The commissioners shall receive reimbursement for
153actual expenses incurred while performing the duties of their
154offices in accordance with general law governing per diem for
155public officials.  Commissioners may receive compensation for
156their services in accordance with chapter 191, Florida Statutes,
157as amended from time to time.
158     (3)  Each commissioner, upon taking office and in
159accordance with chapters 189 and 191, Florida Statutes, shall
160execute to the Governor for the benefit of the district, a bond
161conditioned upon the faithful performance of the duties of the
162commissioner?s office. The premium for such bonds shall be paid
163from district funds.
164     Section 5.  Powers; duties; responsibilities.--
165     (1)  The district shall have and the board may exercise all
166the powers and duties set forth in this act and chapters 189,
167191, and 197, Florida Statutes, as they may be amended from time
168to time, including, but not limited to, ad valorem taxation,
169bond issuance, other revenue-raising capabilities, budget
170preparation and approval, liens and foreclosure of liens, use of
171tax deeds and tax certificates as appropriate for non-ad valorem
172assessments, and contractual agreements.  The district may be
173financed by any method established in this act or chapter 189 or
174chapter 191, Florida Statutes, as amended from time to time.
175     (2)  The board shall continue to have the right, power, and
176authority to levy annually an ad valorem tax against the taxable
177real estate within the district to provide funds for the
178purposes of the district in an amount not to exceed the limit
179provided in chapter 191, Florida Statutes, as amended from time
180to time.  Although the district is authorized to levy a maximum
181millage rate as provided for in section 191.009(1), Florida
182Statutes, the district must receive referendum approval, as
183required by the State Constitution and section 191.009, Florida
184Statutes, prior to such levy.
185     (3)  The methods for assessing and collecting non-ad
186valorem assessments, fees, or service charges shall be as set
187forth in this act or chapter 170, chapter 189, chapter 191, or
188chapter 197, Florida Statutes, as amended from time to time.
189     (4)  The district shall levy and collect ad valorem taxes
190in accordance with chapter 200, Florida Statutes, as amended
191from time to time.
192     (5)  The district is authorized to levy and enforce non-ad
193valorem assessments in accordance with chapters 170, 189, 191,
194and 197, Florida Statutes, as amended from time to time.
195     (6)  The district?s planning requirements shall be as set
196forth in this act, and chapters 189 and 191, Florida Statutes,
197as amended from time to time.
198     (7)  Requirements for financial disclosure, meeting
199notices, reporting, public records maintenance, and per diem
200expenses for officers and employees shall be as set forth in
201this act and chapters 112, 119, 189, 191, and 286, Florida
202Statutes, as amended from time to time.
203     Section 6.  Non-ad valorem assessment rate schedule.--The
204non-ad valorem assessment rates that the district currently
205charges are hereby confirmed and ratified.  Non-ad valorem
206assessment rates set by the board may exceed the maximum rates
207established by special act, the previous year's resolution, or
208referendum in an amount not to exceed the average annual growth
209rate in Florida personal income over the previous 5 years.  Non-
210ad valorem assessment rate increases within the personal income
211threshold are deemed to be within the maximum rate authorized by
212law at the time of initial imposition.  Proposed non-ad valorem
213assessment increases which exceed the rate set the previous
214fiscal year or the rate previously set by special act by more
215than the average annual growth rate in Florida personal income
216over the last 5 years must be approved by referendum of the
217electors of the district.  Non-ad valorem assessments shall be
218imposed, collected, and enforced pursuant to section 191.011,
219Florida Statutes.  However, the board may amend its assessment
220rates pursuant to section 191.009(2), Florida Statutes, as it
221may be amended from time to time.
222     Section 7.  Taxes and assessments a lien.--The ad valorem
223taxes and special assessments levied and assessed by the
224district shall be a lien upon the land so assessed along with
225the county taxes assessed against such land until such
226assessments and taxes have been paid, and if the special
227assessments and taxes levied by the district become delinquent,
228such assessments and taxes shall be subject to the same
229penalties, charges, fees, and remedies for enforcement and
230collection and shall be enforced and collected as provided by
231general law for the collection of such taxes.
232     Section 8.  Deposit of taxes, assessments, fees; authority
233to disburse funds.--
234     (1)  The funds of the district shall be deposited in
235qualified public depositories, in accordance with chapters 191
236and 280, Florida Statutes, as they may be amended from time to
237time.
238     (2)  All warrants for the payment of labor, equipment, and
239other expenses of the board, and in carrying into effect this
240act and the purposes thereof, shall be payable by the treasurer
241of the board on accounts and vouchers approved and authorized by
242the board.
243     Section 9.  Authority to borrow money.--
244     (1)  The board shall have the power and authority to borrow
245money or issue other evidences of indebtedness for the purpose
246of the district in accordance with chapters 189 and 191, Florida
247Statutes, as amended from time to time; provided, however, that
248the total payments in any one year, including principal and
249interest, on any indebtedness incurred by the district shall not
250exceed 50 percent of the total annual budgeted revenues of the
251district for the year in which said payments are to be made.
252     (2)  The district commissioners shall not be personally or
253individually liable for the repayment of such loan.  Such
254repayment shall be made out of the receipts of the district
255except as provided in this subsection.  The commissioners shall
256not create any indebtedness or incur obligations for any sum or
257amount which they are unable to repay out of district funds then
258in their hands except as otherwise provided in this act;
259provided, however, that the commissioners may make purchases of
260equipment on an installment basis as necessary if funds are
261available for the payment of the current year?s installment on
262such equipment plus the amount due in that year of any other
263installments and the repayment of any bank loan or other
264existing indebtedness which may be due that year.
265     Section 10.  Use of district funds.--
266     (1)  No funds of the district shall be used for any
267purposes other than the administration of the affairs and
268business of the district; the construction, care, maintenance,
269upkeep, operation, and purchase of firefighting and rescue
270equipment or a fire station or stations; the payment of public
271utilities; and the payment of salaries of district personnel as
272the board may from time to time determine to be necessary for
273the operations and effectiveness of the district.
274     (2)  The board is authorized and empowered to buy, own,
275lease, and maintain a fire department within the district, and
276to purchase, acquire by gift, lease, own, and dispose of
277firefighting equipment and property, real and personal, that the
278board may from time to time deem necessary or needful to prevent
279and extinguish fires within the district.
280     Section 11.  Record of board meetings; authority to adopt
281policies and regulations; annual reports; budget.--
282     (1)  A record shall be kept of all meetings of the board,
283and in such meetings concurrence of a majority of the
284commissioners present shall be necessary to any affirmative
285action by the board.
286     (2)  The board may adopt and amend policies and
287regulations, not inconsistent with any portion of this act or
288chapters 189 and 191, Florida Statutes, as it may deem necessary
289for the transaction of its business and in implementing and
290carrying out the provisions of this act and chapters 189 and
291191, Florida Statutes, as they may be amended from time to time.
292 The board shall have the authority to provide all things
293necessary for the prevention, extinguishment, and control of
294fires in the district, under the terms of this act and chapters
295189 and 191, Florida Statutes, which shall include, but not be
296limited to, the authority to adopt the necessary rules and
297regulations for the administration and supervision of the
298property and personnel of the district, and for the prevention
299of fires, fire control, and rescue work within the district.
300Said commissioners shall have all the lawful power and authority
301necessary to implement the purposes for which the said fire
302district is created, which power and authority shall include,
303but not be limited to, the power to purchase all necessary fire
304equipment, rescue equipment, and all other equipment necessary
305to carry out the purposes of said fire district; to purchase all
306necessary real and personal property; to purchase and carry
307standard insurance policies on all such equipment; to employ
308such personnel as may be necessary to carry out the purpose of
309said fire district; to provide adequate insurance for said
310employees; to purchase and carry appropriate insurance for the
311protection of all firefighters and personnel as well as all
312equipment and personal property on loan to the district; to sell
313surplus real and personal property in the same manner and
314subject to the same restrictions as provided for such sales by
315counties; and to enter into contracts with qualified service
316providers, other fire departments, municipalities, and state and
317federal governmental units for the purpose of obtaining
318financial aid, assistance, or benefits, expanding services,
319providing effective mutual aid, and for otherwise carrying out
320the purposes of the district.  The commissioners shall adopt a
321fiscal year for said fire district which shall be October 1 to
322September 30.
323     (3)  For the purposes of carrying into effect this act, the
324board shall annually prepare, consider, and adopt a district
325budget pursuant to the applicable requirements of chapters 189
326and 191, Florida Statutes, as they may be amended from time to
327time.
328     Section 12.  Authority to enact fire prevention ordinances;
329appoint a fire marshal; acquire land; enter into contracts;
330general and special powers; authority to provide emergency
331medical and rescue services.--
332     (1)  The board of commissioners shall have the right and
333power to enact fire prevention ordinances in the same manner
334provided for the adoption of policies and regulations in section
33511(2) and, when the provisions of such fire prevention
336ordinances are determined by the board to be violated, the
337office of the state attorney, upon written notice of such
338violation issued by the board, is authorized to prosecute such
339person or persons held to be in violation thereof.  Any person
340found guilty of a violation may be punished as provided in
341chapter 775, Florida Statutes, for a misdemeanor of the second
342degree.  The cost of such prosecution shall be paid out of the
343district funds unless otherwise provided by law.
344     (2)  The board shall have the power to appoint a fire
345marshal, who shall be a person experienced in all types of
346firefighting and fire prevention and who shall work with and
347cooperate with the Florida State Fire Marshal in which the
348district is situated in the prevention of fires of all types.
349The district fire marshal shall be authorized to enter, at all
350reasonable hours, any building or premises for the purpose of
351making any inspection or investigation which the State Fire
352Marshal is authorized to make pursuant to state law and
353regulation.  The owner, lessee, manager, or operator of any
354building or premises shall permit the district fire marshal to
355enter and inspect the building or premises at all reasonable
356hours.  The district fire marshal shall report any violations of
357state fire safety law or regulations to the appropriate
358officials.
359     (3)  The board shall have the power to enter into contracts
360or to otherwise join with any other district, city, town, the
361United States of America, or any agency or authority thereunder,
362for the purpose of expanding services, providing effective
363mutual aid, and accomplishing and carrying out the purposes for
364which the district was created and for the further purpose of
365specifically obtaining financial aid, assistance, or subsidy.
366     (4)  The district is authorized to establish and maintain
367emergency medical and rescue response services and acquire and
368maintain rescue, medical, and other emergency equipment, subject
369to the provisions of chapter 401, Florida Statutes.
370     Section 13.  Annexations.--If any municipality or other
371fire control district annexes any land included in the district,
372such annexation shall follow the procedures set forth in section
373171.093, Florida Statutes, as amended from time to time.
374     Section 14.  Dissolution.--The district shall exist until
375dissolved in the same manner as it was created.
376     Section 15.  Immunity from tort liability.--
377     (1)  The district and its officers, agents, and employees
378shall have the same immunity from tort liability as other
379agencies and subdivisions of the state.  The provisions of
380chapter 768, Florida Statutes, as from time to time amended,
381shall apply to all claims asserted against the district.
382     (2)  The district commissioners and all officers, agents,
383and employees of the district shall have the same immunity and
384exemption from personal liability as is provided by general law
385of the state for state, county, and municipal officers.
386     (3)  The district shall defend all claims against the
387commissioners, officers, agents, and employees which arise
388within the scope of employment or purposes of the district and
389shall pay all judgments against said persons, except where said
390persons acted in bad faith or with malicious purpose or in a
391manner exhibiting wanton and willful disregard of human rights,
392safety, or property.
393     Section 16.  District expansion.--The district bounds may
394be extended from time to time as follows:
395     (1)(a)  Land contiguous to the boundaries of the district
396in unincorporated Santa Rosa County may be included in the
397district when a written petition for inclusion signed and sworn
398to by a majority of the owners of the real property within the
399tract or tracts to be included in the district has been
400presented to the board of commissioners and the proposal has
401been approved by the affirmative vote of no fewer than three
402members of the board of commissioners at a regular meeting.
403     (b)  The petition must contain the legal description of the
404property sought to be added to the district and the names and
405addresses of the owners of the property.
406     (2)  If a proposal to add an area to the district as
407defined in subsection (1) is approved by the affirmative vote of
408no fewer than three members of the board of commissioners at a
409regular meeting, the board of commissioners shall thereafter
410adopt a resolution describing the lands to be included within
411the district and shall cause such resolution to be duly enrolled
412in the record of the meeting and a certified copy of the
413resolution to be recorded in the Office of the Clerk of the
414Circuit Court in Santa Rosa County.
415     (3)  Upon adoption of the resolution by the board, the
416district shall, pursuant to chapter 191, Florida Statutes,
417request that its legislative delegation approve said addition
418and sponsor legislation amending the district boundary.  Upon
419approval by the Legislature the boundary shall be amended.
420     (4)  Lands within municipal boundaries of cities contiguous
421to district boundaries may be included in the district upon
422request by the governing board of the municipality, approval of
423said request by affirmative vote of no fewer than three members
424of the district board, and referendum approval of inclusion by
425the electors of the municipality, whose residences are located
426within the proposed amended boundary of the district.  The
427referendum shall be conducted by the municipality at the next
428available special or general election.  Upon approval by the
429Legislature the boundary shall be amended.
430     Section 4.  Construction.--This act shall be construed as
431remedial and shall be liberally construed to promote the purpose
432for which it is intended.
433     Section 5.  Effect; conflict.--In the event that any part
434of this act should be held void for any reason, such holding
435shall not affect any other part thereof.
436     Section 6.  Repeal of prior special acts.--Chapters 80-603
437and 81-485, Laws of Florida, are repealed.
438     Section 7.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.