HB 1717

1
A bill to be entitled
2An act relating to the Upper Captiva Fire Protection and
3Rescue Service District, Lee County; providing legislative
4intent; codifying, reenacting, and amending all prior
5special acts pertaining to the district; re-creating and
6reenacting an independent fire protection, control, and
7rescue service district in said county; fixing boundaries
8of the district; providing powers; providing for a
9governing body, officers, budget and taxing authority, and
10indebtedness; providing for planning; providing
11construction and severability; repealing prior special
12acts related to the district; providing an effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Pursuant to section 191.015, Florida Statutes,
17this act constitutes the codification of all special acts
18relating to the Upper Captiva Fire Protection and Rescue Service
19District (hereinafter called the ?district?). It is the intent
20of the Legislature to provide a single, comprehensive, special
21act charter for the district, including all current legislative
22authority granted to the district by its several legislative
23enactments, and any additional authority granted by this act. It
24is further the intent of this act to preserve all district
25authority, including the authority to annually assess and levy
26taxes, impact fees, and non-ad valorem assessments as authorized
27by chapter 97-340, Laws of Florida, chapter 191, Florida
28Statutes, or any other applicable general or special law, and to
29conform the charter to chapter 191, Florida Statutes, the
30Independent Special Fire Control District Act, other provisions
31of general law, and the Lee County Independent Special Fire
32Control District Act, chapter 97-340, Laws of Florida.
33     Section 2.  Chapters 89-478 and 90-397, Laws of Florida,
34are codified, reenacted, amended, and repealed as provided
35herein.
36     Section 3.  The charter for the Upper Captiva Fire
37Protection and Rescue Service District is re-created and
38reenacted to read:
39     Section 1.  Name.--The name of the district shall be the
40Upper Captiva Fire Protection and Rescue Service District.
41     Section 2.  Boundaries.--
42     (1)  The lands to be included within the district are the
43following described lands in Lee County, Florida:
44Upper Captiva Island:
45All that part of North Captiva Island lying in
46Sections 4,5,8,9, 15, and 16, Township 45 South, range
4721 East, and Section 32, Township 44 South, Range 21
48East, bounded on the North by Captiva Pass, West by
49the Gulf of Mexico, South by Redfish Pass, and East by
50Pine Island Sound.
51     (2)  Nothing in this charter shall deny the right of the
52fire chief or governing officials of the district to render such
53services in the waters adjacent to the land, or to communities
54adjacent to the land, described in subsection (1), or to such
55other places as from time to time may be deemed advisable.
56     (3)  The boundaries of the district may be modified,
57extended, or enlarged upon approval or ratification by the
58Legislature.
59     Section 3.  Powers.--The district shall have, and the board
60may exercise by majority vote, all powers that an independent
61special fire control district is authorized by law to have,
62specifically including, without limitation, all powers set forth
63in chapter 97-340, Laws of Florida, not inconsistent herewith,
64and all powers set forth in chapter 189, Florida Statutes, to
65the extent applicable, and chapter 191, Florida Statutes, as it
66may be amended from time to time. Without limiting any general
67or special powers otherwise granted by law, the district shall
68have the power to establish and maintain fire suppression and
69control services; provide emergency medical services and rescue
70response services; acquire and maintain fire stations and
71equipment pursuant to law; acquire and maintain rescue, medical,
72and other emergency equipment pursuant to the provisions of
73chapter 401, Florida Statutes, and provide or obtain any
74certificate of public convenience and necessity or its
75equivalent issued thereunder; employ such personnel and engage
76services of such persons as are deemed necessary for the proper
77function and operation of the district; provide or require
78maintenance of roadways, rights-of-way, alleyways, and pathways
79and docking facilities for fire safety and rescue purposes and
80to impose fees, impact fees, or assessments upon real property
81for such purposes; and to adopt ordinances and resolutions
82necessary to conduct district business, provided that they are
83not in conflict with any ordinances of Lee County.
84     Section  4.  Governing body; elections; vacancies; no
85compensation; oath; bond.--
86     (1)  The district shall be governed by a board of five
87commissioners who shall be qualified electors residing within
88the district, be elected by the qualified electors residing
89within the district, and serve terms of 4 years each or until a
90successor takes office. Terms shall be staggered, with two
91commissioners elected in one election cycle and three
92commissioners elected in the other election cycle, in accordance
93with term expiration schedules in place at the time of adoption
94of this charter pursuant to chapter 97-340, Laws of Florida.
95     (2)  Elections shall be on the first Tuesday next
96succeeding the first Monday in November of even-numbered years,
97unless otherwise required by law or by action of the Lee County
98Supervisor of Elections pursuant to law.
99     (3)  Elections shall be on a nonpartisan basis.
100     (4)  If a vacancy occurs on the board for any reason, the
101remaining commissioners may appoint a qualified person to fill
102the seat until the next general election, at which time an
103election shall be held to fill the vacancy for the remaining
104term, if any.
105     (5)  Commissioners shall continue to serve without
106compensation, but shall be entitled to payment or reimbursement
107of actual and necessary expenses incurred in performance of
108their duties, to the extent authorized by board bylaws. Any
109future provision for payment of any salary or honorarium shall
110be determined in accordance with and subject to limitations set
111forth in section 191.005(4), Florida Statutes.
112     (6)  Each commissioner shall, upon assuming office, take
113and subscribe to the oath of office prescribed by s. 5(b), Art.
114II of the State Constitution and section 876.05, Florida
115Statutes.
116     (7)  Each commissioner, within 30 days after assuming
117office, must give the Governor a good and sufficient surety bond
118in the sum of $5,000, and the treasurer the sum of $10,000, or
119as otherwise may be required by law, the cost thereof being
120borne by the district, conditioned on his or her faithful
121performance of his or her duties of office.
122     Section 5.  Officers; bylaws; removal; disbursements;
123records; open meetings; quorum.--
124     (1)  The commissioners, immediately upon their election or
125within 10 days thereafter, and annually in November, shall
126organize by electing from their number a chair, a vice chair, a
127secretary, and a treasurer. The same commissioner may be both
128secretary and treasurer. The board shall adopt bylaws to provide
129policies and procedures for conducting its business and
130exercising its powers granted herein. The bylaws shall define
131excused and unexcused absences. The board shall remove any
132commissioner who has three consecutive, unexcused absences from
133regularly scheduled meetings.
134     (2)  Funds of the district may be disbursed only upon the
135order or pursuant to resolution of the board, by warrant or
136check signed by the treasurer or other person or persons
137authorized by the board. However, a petty cash account may be
138authorized by the board. The board may give the treasurer
139additional powers and duties that it deems appropriate.
140     (3)  The board, through its secretary, shall keep a
141permanent record book entitled ?Record of Proceedings of Upper
142Captiva Fire Protection and Rescue Service District? in which
143the minutes of all meetings, resolutions, proceedings,
144certificates, bonds given by commissioners, and corporate acts
145shall be recorded. The record book shall be open to inspection
146in the same manner as state, county, and municipal records are
147open under chapter 119, Florida Statutes. The record book shall
148be kept at the office or other regular place of business
149maintained by the board in Lee County. All meetings of the board
150shall be open to the public as may be required by chapters 189
151and 286, Florida Statutes, and other applicable general law.
152     (4)  Unless otherwise required by law, a majority of
153commissioners in office shall constitute a quorum for the
154conduct of business. Action may be taken only by a majority vote
155of a quorum present.
156     Section 6.  Fiscal year; budget; millage; taxes;
157assessments.--The fiscal year begins on October 1 of each year
158and extends until September 30 of the ensuing year.
159     (1)  The board shall annually prepare, consider, and adopt
160a district budget pursuant to the applicable requirements of
161chapter 200, Florida Statutes, as it may be amended from time to
162time, for purposes of providing funds for the district.
163     (2)  The board shall fix and cause to be levied on all
164taxable property of the district a millage sufficient to meet
165the requirements of the budget. The millage rate shall not
166exceed 3.75 mills per year, except as otherwise provided in
167section 191.009, Florida Statutes. All taxes shall be levied,
168assessed, and collected in the same manner as county taxes.
169     (3)  Non-ad valorem assessments and user and impact fees
170shall be levied and collected in accordance with the provisions
171of sections 191.009 and 191.011, Florida Statutes.
172     Section 7.  Indebtedness; use of funds.--
173     (1)  The district may incur debt and issue bonds or any
174other evidences of indebtedness as provided and to the extent
175limited by s. 12, Art. VII of the State Constitution and section
176191.012, Florida Statutes.
177     (2)  Funds of the district may be used for any purpose of
178the district in accordance with this charter and with provisions
179of any other applicable general laws and special acts.
180     (3)  The district is specifically authorized to expend
181funds to purchase, lease, own, and maintain a fire department
182and rescue service within the district's jurisdiction; to
183construct one or more fire stations or rescue service facilities
184as the board deems necessary in the exercise of its powers; and
185to dispose of surplus real or personal property and to enter
186into interlocal agreements or other arrangements to assist in
187achievement of the powers and purposes of the district.
188     Section 8.  Plan.--The district shall adopt a 5-year plan
189to identify the facilities, equipment, personnel, and revenue
190needed by the district over the next 5-year period. The plan
191shall be updated in accordance with section 189.415, Florida
192Statutes, and satisfies the requirement for a public facilities
193report required by section 189.415(2), Florida Statutes.
194     Section 4.  This act shall be construed as remedial and
195shall be liberally construed to promote the purpose for which
196it is intended.
197     Section 5.  It is declared to be the intent of the
198Legislature that if any section, subsection, sentence, clause,
199phrase, or portion of this act is held invalid or
200unconstitutional for any reason, by any court of competent
201jurisdiction, such holding shall not affect the validity of the
202remaining portions hereof.
203     Section 6.  Chapters 89-478 and 90-397, Laws of Florida,
204are repealed.
205     Section 7.  This act shall take effect upon becoming a law.


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