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 a prior special
12act relating to the district; amending chapter 97-340,
13Laws of Florida; correcting a reference; providing an
14effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Pursuant to section 191.015, Florida Statutes,
19this act constitutes the codification of all special acts
20relating to the Upper Captiva Fire Protection and Rescue Service
21District (hereinafter called the "district"). It is the intent
22of the Legislature to provide a single, comprehensive, special
23act charter for the district, including all current legislative
24authority granted to the district by its several legislative
25enactments, and any additional authority granted by this act. It
26is further the intent of this act to preserve all district
27authority, including the authority to annually assess and levy
28taxes, impact fees, and non-ad valorem assessments as authorized
29by chapter 191, Florida Statutes, or any other applicable
30general or special law, and to conform the charter to chapter
31191, Florida Statutes, the Independent Special Fire Control
32District Act, and other provisions of general law.
33     Section 2.  Chapter 90-397, Laws of Florida, is codified,
34reenacted, amended, and repealed as provided herein.
35     Section 3.  The charter for the Upper Captiva Fire
36Protection and Rescue Service District is re-created and
37reenacted to read:
38     Section 1.  Name.--The name of the district shall be the
39Upper Captiva Fire Protection and Rescue Service District.
40     Section 2.  Boundaries.--
41     (1)  The lands to be included within the district are the
42following described lands in Lee County, Florida:
43Upper Captiva Island:
44All that part of North Captiva Island lying in
45Sections 4,5,8,9, 15, and 16, Township 45 South, range
4621 East, and Section 32, Township 44 South, Range 21
47East, bounded on the North by Captiva Pass, West by
48the Gulf of Mexico, South by Redfish Pass, and East by
49Pine Island Sound.
50     (2)  Nothing in this charter shall deny the right of the
51fire chief or governing officials of the district to render such
52services in the waters adjacent to the land, or to communities
53adjacent to the land, described in subsection (1), or to such
54other places as from time to time may be deemed advisable.
55     (3)  The boundaries of the district may be modified,
56extended, or enlarged upon approval or ratification by the
57Legislature.
58     Section 3.  Powers.--The district shall have, and the board
59may exercise by majority vote, all powers that an independent
60special fire control district is authorized by law to have,
61specifically including, without limitation, all powers set forth
62in chapter 189, Florida Statutes, to the extent applicable, and
63chapter 191, Florida Statutes, as it may be amended from time to
64time. Without limiting any general or special powers otherwise
65granted by law, the district shall have the power to establish
66and maintain fire suppression and control services; provide
67emergency medical services and rescue response services; acquire
68and maintain fire stations and equipment pursuant to law;
69acquire and maintain rescue, medical, and other emergency
70equipment pursuant to the provisions of chapter 401, Florida
71Statutes, and provide or obtain any certificate of public
72convenience and necessity or its equivalent issued thereunder;
73employ such personnel and engage services of such persons as are
74deemed necessary for the proper function and operation of the
75district; provide or require maintenance of roadways, rights-of-
76way, alleyways, and pathways and docking facilities for fire
77safety and rescue purposes and to impose fees, impact fees, or
78assessments upon real property for such purposes; and adopt
79ordinances and resolutions necessary to conduct district
80business, provided that they are not in conflict with any
81ordinances of Lee County.
82     Section 4.  Governing body; elections; vacancies; no
83compensation; oath; bond.--
84     (1)  The district shall be governed by a board of five
85commissioners who shall be qualified electors residing within
86the district, be elected by the qualified electors residing
87within the district, and serve terms of 4 years each or until a
88successor takes office. Terms shall be staggered, with two
89commissioners elected by seats pursuant to section 191.005,
90Florida Statutes, in one election cycle and three commissioners
91elected in the other election cycle, in accordance with term
92expiration schedules in place at the time of adoption of this
93charter. Seats 1, 2, and 3 shall be elected in 2004, and seats 4
94and 5 shall be elected in 2006. Candidates shall qualify in
95accordance with section 191.005, Florida Statutes, except that
96candidates are not required to open campaign depositories or
97appoint a treasurer where the only expenditures are the campaign
98filing fee or the supervisor's fee for checking signatures.
99     (2)  Elections shall be on the first Tuesday next
100succeeding the first Monday in November of even-numbered years,
101unless otherwise required by law or by action of the Lee County
102Supervisor of Elections pursuant to law.
103     (3)  Elections shall be on a nonpartisan basis.
104     (4)  If a vacancy occurs on the board for any reason, the
105remaining commissioners may appoint a qualified person to fill
106the seat until the next general election, at which time an
107election shall be held to fill the vacancy for the remaining
108term, if any.
109     (5)  Commissioners shall continue to serve without
110compensation, but shall be entitled to payment or reimbursement
111of actual and necessary expenses incurred in performance of
112their duties, to the extent authorized by board bylaws. Any
113future provision for payment of any salary or honorarium shall
114be determined in accordance with and subject to limitations set
115forth in section 191.005(4), Florida Statutes.
116     (6)  Each commissioner shall, upon assuming office, take
117and subscribe to the oath of office prescribed by s. 5(b), Art.
118II of the State Constitution and section 876.05, Florida
119Statutes.
120     (7)  Each commissioner, within 30 days after assuming
121office, must give the Governor a good and sufficient surety bond
122in the sum of $5,000, and the treasurer the sum of $10,000, or
123as otherwise may be required by law, the cost thereof being
124borne by the district, conditioned on his or her faithful
125performance of his or her duties of office.
126     Section 5.  Officers; bylaws; removal; disbursements;
127records; open meetings; quorum.--
128     (1)  The commissioners, immediately upon their election or
129within 10 days thereafter, and annually in November, shall
130organize by electing from their number a chair, a vice chair, a
131secretary, and a treasurer. The same commissioner may be both
132secretary and treasurer. The board shall adopt bylaws to provide
133policies and procedures for conducting its business and
134exercising its powers granted herein. The bylaws shall define
135excused and unexcused absences. The board shall remove any
136commissioner who has three consecutive, unexcused absences from
137regularly scheduled meetings.
138     (2)  Funds of the district may be disbursed only upon the
139order or pursuant to resolution of the board, by warrant or
140check signed by the treasurer or other person or persons
141authorized by the board. However, a petty cash account may be
142authorized by the board. The board may give the treasurer
143additional powers and duties that it deems appropriate.
144     (3)  The board, through its secretary, shall keep a
145permanent record book entitled "Record of Proceedings of Upper
146Captiva Fire Protection and Rescue Service District" in which
147the minutes of all meetings, resolutions, proceedings,
148certificates, bonds given by commissioners, and corporate acts
149shall be recorded. The record book shall be open to inspection
150in the same manner as state, county, and municipal records are
151open under chapter 119, Florida Statutes. The record book shall
152be kept at the office or other regular place of business
153maintained by the board in Lee County. All meetings of the board
154shall be open to the public as may be required by chapters 189
155and 286, Florida Statutes, and other applicable general law.
156     (4)  Unless otherwise required by law, a majority of
157commissioners in office shall constitute a quorum for the
158conduct of business. Action may be taken only by a majority vote
159of a quorum present.
160     Section 6.  Fiscal year; budget; millage; taxes;
161assessments.--The fiscal year begins on October 1 of each year
162and extends until September 30 of the ensuing year.
163     (1)  The board shall annually prepare, consider, and adopt
164a district budget pursuant to the applicable requirements of
165chapter 200, Florida Statutes, as it may be amended from time to
166time, for purposes of providing funds for the district.
167     (2)  The board shall fix and cause to be levied on all
168taxable property of the district a millage sufficient to meet
169the requirements of the budget. The millage rate shall not
170exceed 3.75 mills per year, except as otherwise provided in
171section 191.009, Florida Statutes. All taxes shall be levied,
172assessed, and collected in the same manner as county taxes.
173     (3)  Non-ad valorem assessments and user and impact fees
174shall be levied and collected in accordance with the provisions
175of sections 191.009 and 191.011, Florida Statutes.
176     Section 7.  Indebtedness; use of funds.--
177     (1)  The district may incur debt and issue bonds or any
178other evidences of indebtedness as provided and to the extent
179limited by s. 12, Art. VII of the State Constitution and section
180191.012, Florida Statutes.
181     (2)  Funds of the district may be used for any purpose of
182the district in accordance with this charter and with provisions
183of any other applicable general laws and special acts.
184     (3)  The district is specifically authorized to expend
185funds to purchase, lease, own, and maintain a fire department
186and rescue service within the district's jurisdiction; to
187construct one or more fire stations or rescue service facilities
188as the board deems necessary in the exercise of its powers; and
189to dispose of surplus real or personal property and to enter
190into interlocal agreements or other arrangements to assist in
191achievement of the powers and purposes of the district.
192     Section 8.  Plan.--The district shall adopt a 5-year plan
193to identify the facilities, equipment, personnel, and revenue
194needed by the district over the next 5-year period. The plan
195shall be updated in accordance with section 189.415, Florida
196Statutes, and satisfies the requirement for a public facilities
197report required by section 189.415(2), Florida Statutes.
198     Section 4.  This act shall be construed as remedial and
199shall be liberally construed to promote the purpose for which
200it is intended.
201     Section 5.  It is declared to be the intent of the
202Legislature that if any section, subsection, sentence, clause,
203phrase, or portion of this act is held invalid or
204unconstitutional for any reason, by any court of competent
205jurisdiction, such holding shall not affect the validity of the
206remaining portions hereof.
207     Section 6.  Chapter 90-397, Laws of Florida, is repealed.
208     Section 7.  Section 1 of chapter 97-340, Laws of Florida,
209is amended to read:
210     Section 1.  Short title.--Sections 1-13 of this act may be
211cited as the "Lee County Independent Special Fire Control
212District Act." This act shall apply to the Alva Fire Control and
213Rescue Service District, created pursuant to chapter 76-413,
214Laws of Florida; Bayshore Fire Protection and Rescue Service
215District, created pursuant to chapter 76-414, Laws of Florida;
216Bonita Springs Fire Control and Rescue District, created
217pursuant to chapter 65-1828, Laws of Florida; Estero Fire
218Protection and Rescue Service District, created pursuant to
219chapter 76-408, Laws of Florida; Fort Myers Beach Fire Control
220District, created pursuant to chapter 27676, Laws of Florida,
2211951, and chapter 73-532, Laws of Florida; Fort Myers Shores
222Fire Protection and Rescue District, created pursuant to chapter
22376-409, Laws of Florida; Iona-McGregor Fire Protection and
224Rescue Service District, created pursuant to chapter 75-421,
225Laws of Florida; Lehigh Acres Fire Control and Rescue Service
226District, created pursuant to chapter 63-1546, Laws of Florida;
227Matlacha-Pine Island Fire Control District, created pursuant to
228chapter 63-1588, Laws of Florida; North Fort Myers Fire Control
229and Rescue Service District, created pursuant to chapter 29240,
230Laws of Florida, 1953; San Carlos Park Fire Protection and
231Rescue Service District, created pursuant to chapter 76-411,
232Laws of Florida; Sanibel Fire Control District, created pursuant
233to chapter 30930, Laws of Florida, 1955; South Trail Fire
234Protection and Rescue Service District, created pursuant to
235chapter 76-412, Laws of Florida; Tice Fire Protection and Rescue
236Service District, created pursuant to chapter 76-410, Laws of
237Florida; and Captiva Island Fire Control District, created
238pursuant to chapter 30929, Laws of Florida, 1955,; and Upper
239Captiva Fire Protection and Rescue Service District, created
240pursuant to chapter 90-397, Laws of Florida; as all such
241enabling acts have been amended, shall be governed by the
242provisions of this act.
243     Section 8.  This act shall take effect upon becoming a law.


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