HB 1717CS

CHAMBER ACTION



1The Committee on Local Government & Veterans' Affairs recommends
2the following:
3
4     Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to the Upper Captiva Fire Protection and
8Rescue Service District, Lee County; providing legislative
9intent; codifying, reenacting, and amending all prior
10special acts pertaining to the district; re-creating and
11reenacting an independent fire protection, control, and
12rescue service district in said county; fixing boundaries
13of the district; providing powers; providing for a
14governing body, officers, budget and taxing authority, and
15indebtedness; providing for planning; providing
16construction and severability; repealing a prior special
17act relating to the district; amending chapter 97-340,
18Laws of Florida; correcting a reference; providing an
19effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Pursuant to section 191.015, Florida Statutes,
24this act constitutes the codification of all special acts
25relating to the Upper Captiva Fire Protection and Rescue Service
26District (hereinafter called the "district"). It is the intent
27of the Legislature to provide a single, comprehensive, special
28act charter for the district, including all current legislative
29authority granted to the district by its several legislative
30enactments, and any additional authority granted by this act. It
31is further the intent of this act to preserve all district
32authority, including the authority to annually assess and levy
33taxes, impact fees, and non-ad valorem assessments as authorized
34by chapter 191, Florida Statutes, or any other applicable
35general or special law, and to conform the charter to chapter
36191, Florida Statutes, the Independent Special Fire Control
37District Act, and other provisions of general law.
38     Section 2.  Chapter 90-397, Laws of Florida, is codified,
39reenacted, amended, and repealed as provided herein.
40     Section 3.  The charter for the Upper Captiva Fire
41Protection and Rescue Service District is re-created and
42reenacted to read:
43     Section 1.  Name.--The name of the district shall be the
44Upper Captiva Fire Protection and Rescue Service District.
45     Section 2.  Boundaries.--
46     (1)  The lands to be included within the district are the
47following described lands in Lee County, Florida:
48Upper Captiva Island:
49All that part of North Captiva Island lying in
50Sections 4,5,8,9, 15, and 16, Township 45 South, range
5121 East, and Section 32, Township 44 South, Range 21
52East, bounded on the North by Captiva Pass, West by
53the Gulf of Mexico, South by Redfish Pass, and East by
54Pine Island Sound.
55     (2)  Nothing in this charter shall deny the right of the
56fire chief or governing officials of the district to render such
57services in the waters adjacent to the land, or to communities
58adjacent to the land, described in subsection (1), or to such
59other places as from time to time may be deemed advisable.
60     (3)  The boundaries of the district may be modified,
61extended, or enlarged upon approval or ratification by the
62Legislature.
63     Section 3.  Powers.--The district shall have, and the board
64may exercise by majority vote, all powers that an independent
65special fire control district is authorized by law to have,
66specifically including, without limitation, all powers set forth
67in chapter 189, Florida Statutes, to the extent applicable, and
68chapter 191, Florida Statutes, as it may be amended from time to
69time. Without limiting any general or special powers otherwise
70granted by law, the district shall have the power to establish
71and maintain fire suppression and control services; provide
72emergency medical services and rescue response services; acquire
73and maintain fire stations and equipment pursuant to law;
74acquire and maintain rescue, medical, and other emergency
75equipment pursuant to the provisions of chapter 401, Florida
76Statutes, and provide or obtain any certificate of public
77convenience and necessity or its equivalent issued thereunder;
78employ such personnel and engage services of such persons as are
79deemed necessary for the proper function and operation of the
80district; provide or require maintenance of roadways, rights-of-
81way, alleyways, and pathways and docking facilities for fire
82safety and rescue purposes and to impose fees, impact fees, or
83assessments upon real property for such purposes; and adopt
84ordinances and resolutions necessary to conduct district
85business, provided that they are not in conflict with any
86ordinances of Lee County.
87     Section 4.  Governing body; elections; vacancies; no
88compensation; oath; bond.--
89     (1)  The district shall be governed by a board of five
90commissioners who shall be qualified electors residing within
91the district, be elected by the qualified electors residing
92within the district, and serve terms of 4 years each or until a
93successor takes office. Terms shall be staggered, with two
94commissioners elected by seats pursuant to section 191.005,
95Florida Statutes, in one election cycle and three commissioners
96elected in the other election cycle, in accordance with term
97expiration schedules in place at the time of adoption of this
98charter. Seats 1, 2, and 3 shall be elected in 2004, and seats 4
99and 5 shall be elected in 2006. Candidates shall qualify in
100accordance with section 191.005, Florida Statutes, except that
101candidates are not required to open campaign depositories or
102appoint a treasurer where the only expenditures are the campaign
103filing fee or the supervisor's fee for checking signatures.
104     (2)  Elections shall be on the first Tuesday next
105succeeding the first Monday in November of even-numbered years,
106unless otherwise required by law or by action of the Lee County
107Supervisor of Elections pursuant to law.
108     (3)  Elections shall be on a nonpartisan basis.
109     (4)  If a vacancy occurs on the board for any reason, the
110remaining commissioners may appoint a qualified person to fill
111the seat until the next general election, at which time an
112election shall be held to fill the vacancy for the remaining
113term, if any.
114     (5)  Commissioners shall continue to serve without
115compensation, but shall be entitled to payment or reimbursement
116of actual and necessary expenses incurred in performance of
117their duties, to the extent authorized by board bylaws. Any
118future provision for payment of any salary or honorarium shall
119be determined in accordance with and subject to limitations set
120forth in section 191.005(4), Florida Statutes.
121     (6)  Each commissioner shall, upon assuming office, take
122and subscribe to the oath of office prescribed by s. 5(b), Art.
123II of the State Constitution and section 876.05, Florida
124Statutes.
125     (7)  Each commissioner, within 30 days after assuming
126office, must give the Governor a good and sufficient surety bond
127in the sum of $5,000, and the treasurer the sum of $10,000, or
128as otherwise may be required by law, the cost thereof being
129borne by the district, conditioned on his or her faithful
130performance of his or her duties of office.
131     Section 5.  Officers; bylaws; removal; disbursements;
132records; open meetings; quorum.--
133     (1)  The commissioners, immediately upon their election or
134within 10 days thereafter, and annually in November, shall
135organize by electing from their number a chair, a vice chair, a
136secretary, and a treasurer. The same commissioner may be both
137secretary and treasurer. The board shall adopt bylaws to provide
138policies and procedures for conducting its business and
139exercising its powers granted herein. The bylaws shall define
140excused and unexcused absences. The board shall remove any
141commissioner who has three consecutive, unexcused absences from
142regularly scheduled meetings.
143     (2)  Funds of the district may be disbursed only upon the
144order or pursuant to resolution of the board, by warrant or
145check signed by the treasurer or other person or persons
146authorized by the board. However, a petty cash account may be
147authorized by the board. The board may give the treasurer
148additional powers and duties that it deems appropriate.
149     (3)  The board, through its secretary, shall keep a
150permanent record book entitled "Record of Proceedings of Upper
151Captiva Fire Protection and Rescue Service District" in which
152the minutes of all meetings, resolutions, proceedings,
153certificates, bonds given by commissioners, and corporate acts
154shall be recorded. The record book shall be open to inspection
155in the same manner as state, county, and municipal records are
156open under chapter 119, Florida Statutes. The record book shall
157be kept at the office or other regular place of business
158maintained by the board in Lee County. All meetings of the board
159shall be open to the public as may be required by chapters 189
160and 286, Florida Statutes, and other applicable general law.
161     (4)  Unless otherwise required by law, a majority of
162commissioners in office shall constitute a quorum for the
163conduct of business. Action may be taken only by a majority vote
164of a quorum present.
165     Section 6.  Fiscal year; budget; millage; taxes;
166assessments.--The fiscal year begins on October 1 of each year
167and extends until September 30 of the ensuing year.
168     (1)  The board shall annually prepare, consider, and adopt
169a district budget pursuant to the applicable requirements of
170chapter 200, Florida Statutes, as it may be amended from time to
171time, for purposes of providing funds for the district.
172     (2)  The board shall fix and cause to be levied on all
173taxable property of the district a millage sufficient to meet
174the requirements of the budget. The millage rate shall not
175exceed 3.75 mills per year, except as otherwise provided in
176section 191.009, Florida Statutes. All taxes shall be levied,
177assessed, and collected in the same manner as county taxes.
178     (3)  Non-ad valorem assessments and user and impact fees
179shall be levied and collected in accordance with the provisions
180of sections 191.009 and 191.011, Florida Statutes.
181     Section 7.  Indebtedness; use of funds.--
182     (1)  The district may incur debt and issue bonds or any
183other evidences of indebtedness as provided and to the extent
184limited by s. 12, Art. VII of the State Constitution and section
185191.012, Florida Statutes.
186     (2)  Funds of the district may be used for any purpose of
187the district in accordance with this charter and with provisions
188of any other applicable general laws and special acts.
189     (3)  The district is specifically authorized to expend
190funds to purchase, lease, own, and maintain a fire department
191and rescue service within the district's jurisdiction; to
192construct one or more fire stations or rescue service facilities
193as the board deems necessary in the exercise of its powers; and
194to dispose of surplus real or personal property and to enter
195into interlocal agreements or other arrangements to assist in
196achievement of the powers and purposes of the district.
197     Section 8.  Plan.--The district shall adopt a 5-year plan
198to identify the facilities, equipment, personnel, and revenue
199needed by the district over the next 5-year period. The plan
200shall be updated in accordance with section 189.415, Florida
201Statutes, and satisfies the requirement for a public facilities
202report required by section 189.415(2), Florida Statutes.
203     Section 4.  This act shall be construed as remedial and
204shall be liberally construed to promote the purpose for which
205it is intended.
206     Section 5.  It is declared to be the intent of the
207Legislature that if any section, subsection, sentence, clause,
208phrase, or portion of this act is held invalid or
209unconstitutional for any reason, by any court of competent
210jurisdiction, such holding shall not affect the validity of the
211remaining portions hereof.
212     Section 6.  Chapter 90-397, Laws of Florida, is repealed.
213     Section 7.  Section 1 of chapter 97-340, Laws of Florida,
214is amended to read:
215     Section 1.  Short title.--Sections 1-13 of this act may be
216cited as the "Lee County Independent Special Fire Control
217District Act." This act shall apply to the Alva Fire Control and
218Rescue Service District, created pursuant to chapter 76-413,
219Laws of Florida; Bayshore Fire Protection and Rescue Service
220District, created pursuant to chapter 76-414, Laws of Florida;
221Bonita Springs Fire Control and Rescue District, created
222pursuant to chapter 65-1828, Laws of Florida; Estero Fire
223Protection and Rescue Service District, created pursuant to
224chapter 76-408, Laws of Florida; Fort Myers Beach Fire Control
225District, created pursuant to chapter 27676, Laws of Florida,
2261951, and chapter 73-532, Laws of Florida; Fort Myers Shores
227Fire Protection and Rescue District, created pursuant to chapter
22876-409, Laws of Florida; Iona-McGregor Fire Protection and
229Rescue Service District, created pursuant to chapter 75-421,
230Laws of Florida; Lehigh Acres Fire Control and Rescue Service
231District, created pursuant to chapter 63-1546, Laws of Florida;
232Matlacha-Pine Island Fire Control District, created pursuant to
233chapter 63-1588, Laws of Florida; North Fort Myers Fire Control
234and Rescue Service District, created pursuant to chapter 29240,
235Laws of Florida, 1953; San Carlos Park Fire Protection and
236Rescue Service District, created pursuant to chapter 76-411,
237Laws of Florida; Sanibel Fire Control District, created pursuant
238to chapter 30930, Laws of Florida, 1955; South Trail Fire
239Protection and Rescue Service District, created pursuant to
240chapter 76-412, Laws of Florida; Tice Fire Protection and Rescue
241Service District, created pursuant to chapter 76-410, Laws of
242Florida; and Captiva Island Fire Control District, created
243pursuant to chapter 30929, Laws of Florida, 1955,; and Upper
244Captiva Fire Protection and Rescue Service District, created
245pursuant to chapter 90-397, Laws of Florida; as all such
246enabling acts have been amended, shall be governed by the
247provisions of this act.
248     Section 8.  This act shall take effect upon becoming a law.


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