1 | A bill to be entitled |
2 | An act relating to Boca Grande Fire Control District, |
3 | Charlotte and Lee Counties; codifying, reenacting, |
4 | amending, and repealing special laws relating to the |
5 | district; providing that the district is an independent |
6 | special district; providing legislative intent; providing |
7 | for applicability of chapters 191 and 189, Florida |
8 | Statutes, and other general laws; providing a district |
9 | charter; providing boundaries; providing for a district |
10 | board; providing authority of the board; providing for |
11 | staff; providing duties and powers of the board; providing |
12 | for elections to the board; providing salary of board |
13 | members; providing for the removal of board members; |
14 | providing for revenue raising; providing for the levying |
15 | of non-ad valorem special assessments; providing for |
16 | capital improvement impact fees; providing severability; |
17 | providing for liberal construction; providing an effective |
18 | date. |
19 |
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20 | Be It Enacted by the Legislature of the State of Florida: |
21 |
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22 | Section 1. Pursuant to section 191.015, Florida Statutes, |
23 | this act constitutes the codification of all special acts |
24 | relating to the Boca Grande Fire Control District. It is the |
25 | intent of the Legislature in enacting this law to provide a |
26 | single, comprehensive special act charter for the district, |
27 | including all current legislative authority granted to the |
28 | district by its several legislative enactments, and to conform |
29 | the charter to chapter 191, Florida Statutes, the Independent |
30 | Special Fire Control District Act, and other provisions of |
31 | general law. It is further the intent of this act to preserve |
32 | all district authority, including the authority to annually |
33 | assess and levy against the taxable property in the district an |
34 | ad valorem tax not to exceed the limit provided in the |
35 | district's prior special acts. |
36 | Section 2. Chapters 22372 (1943), 23382 (1945), 57-1514, |
37 | 69-1239, 73-533, 74-523, 75-419, 79-500, and 87-477, Laws of |
38 | Florida, are codified, reenacted, amended, and repealed as |
39 | herein provided. |
40 | Section 3. The charter for the Boca Grande Fire Control |
41 | District is re-created and reenacted to read: |
42 | Section 1. Definitions.--As used in this act, unless |
43 | otherwise specified: |
44 | (1) "Board" means the governing board of the Boca Grande |
45 | Fire Control District. |
46 | (2) "District" means the Boca Grande Fire Control |
47 | District. |
48 | (3) "Elector" means a person who is a resident of the |
49 | district and is qualified to vote in a general election within |
50 | the local general-purpose government jurisdiction in which the |
51 | district is located. |
52 | (4) "Emergency medical service" means basic and advanced |
53 | life support service as defined in section 401.23, Florida |
54 | Statutes. |
55 | (5) "Rescue response service" means an initial response to |
56 | an emergency or accident situation including, without |
57 | limitation, a plane crash, trench or building collapse, swimming |
58 | or boating accident, and motor vehicle accident. |
59 | Section 2. Status; charter amendments; boundaries; |
60 | district purposes.--The Boca Grande Fire Control District is a |
61 | public corporation having the powers, duties, obligations, and |
62 | immunities herein set forth. The district is organized and |
63 | exists for all purposes, and shall hold all powers, set forth in |
64 | this act and chapters 189 and 191, Florida Statutes. |
65 | (1) The lands to be included within the district are the |
66 | following described lands in Charlotte and Lee Counties: |
67 | all that portion of Gasparilla Island located within |
68 | Lee County, Florida; all that portion of Gasparilla |
69 | Island located within Charlotte County, Florida; and |
70 | all of Cole Island (lying northerly of Gasparilla |
71 | Island), Charlotte County, Florida. |
72 | (2) The purpose of this act is to promote the health, |
73 | welfare, and safety of the citizens and residents of Charlotte |
74 | and Lee Counties who reside within the geographical limits of |
75 | that area known as the Boca Grande Fire Control District, by |
76 | providing for firefighting equipment, the establishment and |
77 | maintenance of fire stations and fire substations, the |
78 | acquisition and maintenance of all firefighting and protection |
79 | equipment necessary for the prevention of fires or fighting of |
80 | fires, the employment and training of such personnel as may be |
81 | necessary to accomplish fire prevention and firefighting, the |
82 | establishment and maintenance of emergency medical service, the |
83 | establishment and maintenance of rescue response service, the |
84 | acquisition and maintenance of rescue and other emergency |
85 | equipment, and the employment and training of necessary |
86 | emergency personnel. The district shall have all other powers |
87 | necessary as to carry out the purposes of the district as |
88 | otherwise provided by law, including, but not limited to, the |
89 | power to adopt all necessary measures, rules, and regulations |
90 | and policies relating to said purposes. |
91 | (3) Nothing herein shall prevent the district from |
92 | cooperating with the state or other local governments to render |
93 | such services to communities adjacent to the land described in |
94 | this section, or other such places as from time to time may be |
95 | deemed desirable. |
96 | (4) The district was created by special act of the |
97 | Legislature in 1943. Its charter may be amended only by special |
98 | act of the Legislature. |
99 | Section 3. Board of commissioners.-- |
100 | (1) Pursuant to chapter 191, Florida Statutes, the |
101 | business and affairs of the district shall be governed and |
102 | administered by a board of three commissioners, as provided in |
103 | chapter 97-340, Laws of Florida. The commissioners shall serve |
104 | terms of 4 years each, subject to the provisions of chapter 191, |
105 | Florida Statutes, chapter 97-340, Laws of Florida, and this act. |
106 | Each commissioner shall hold office until his or her successor |
107 | is elected and qualified under the provisions of this act. The |
108 | procedures for conducting district elections and for |
109 | qualification of candidates and electors shall be pursuant to |
110 | chapters 189 and 191, Florida Statutes, as they may be amended |
111 | from time to time. |
112 | (2) The board may employ such personnel as deemed |
113 | necessary for the proper function and operation of a fire |
114 | department. The salaries of commissioners, fire department and |
115 | emergency service personnel, and any other wages, shall be |
116 | determined by the board. |
117 | Section 4. Officers; board compensation; bond.-- |
118 | (1) In accordance with chapter 191, Florida Statutes, each |
119 | elected member of the board shall assume office 10 days |
120 | following the member?s election. Annually, within 60 days after |
121 | the election of new members of said board, the members shall |
122 | organize by electing from their number a chair, vice chair, |
123 | secretary, and treasurer. However, the same member may be both |
124 | secretary and treasurer, in accordance with chapter 191, Florida |
125 | Statutes, as amended from time to time. |
126 | (2) The commissioners shall receive reimbursement for |
127 | actual expenses incurred while performing the duties of their |
128 | offices in accordance with general law governing per diem for |
129 | public officials. |
130 | (3) Each commissioner, upon taking office and in |
131 | accordance with chapters 189 and 191, Florida Statutes, shall |
132 | execute to the Governor, for the benefit of the district, a bond |
133 | conditioned upon the faithful performance of the duties of the |
134 | commissioner?s office. The premium for such bonds shall be paid |
135 | from district funds. |
136 | Section 5. Powers; duties; ad valorem assessments; non-ad |
137 | valorem assessments.-- |
138 | (1) The district shall have and the board may exercise all |
139 | the powers and duties set forth in this act, and chapters 189, |
140 | 191, and 197, Florida Statutes, as they may be amended from time |
141 | to time, including, but not limited to, ad valorem taxation, |
142 | bond issuance, other revenue-raising capabilities, budget |
143 | preparation and approval, liens and foreclosure of liens, use of |
144 | tax deeds and tax certificates as appropriate for non-ad valorem |
145 | assessments, and contractual agreements. The district shall have |
146 | the authority to access and utilize the public water supply |
147 | system at no charge for the purposes of firefighting and fire |
148 | prevention. The district may be financed by any method |
149 | established in this act or chapter 189 or chapter 191, Florida |
150 | Statutes, as amended from time to time. |
151 | (2) The board shall continue to have the right, power, and |
152 | authority to levy annually an ad valorem tax against the taxable |
153 | real estate within the district to provide funds for the |
154 | purposes of the district as authorized by chapter 97-340, Laws |
155 | of Florida, in an amount not to exceed the limit provided in |
156 | chapter 191, Florida Statutes, as amended from time to time. |
157 | Although the district is authorized to levy a maximum millage |
158 | rate as provided for in section 191.009(1), Florida Statutes, |
159 | the district must receive referendum approval, as required by |
160 | the Florida Constitution and section 191.009, Florida Statutes, |
161 | for any increased millage rate above 2 mills as previously |
162 | authorized by chapters 57-1514, 69-1239, and 79-500, Laws of |
163 | Florida. |
164 | (3) The methods and procedures for assessing and |
165 | collecting non-ad valorem assessments, fees, or service charges |
166 | shall be as set forth in this act, chapter 170, chapter 189, |
167 | chapter 191, or chapter 197, Florida Statutes, as amended from |
168 | time to time. |
169 | (4) The district shall levy and collect ad valorem taxes |
170 | in accordance with chapter 200, Florida Statutes, as amended |
171 | from time to time. |
172 | (5) The district is authorized to levy and enforce non-ad |
173 | valorem assessments in accordance with chapters 170, 189, 191, |
174 | and 197, Florida Statutes, as amended from time to time. |
175 | (6) The district?s planning requirements shall be as set |
176 | forth in this act and chapters 189 and 191, Florida Statutes, as |
177 | amended from time to time. |
178 | (7) Requirements for financial disclosure, meeting |
179 | notices, reporting, public records maintenance, and per diem |
180 | expenses for officers and employees shall be as set forth in |
181 | this act and chapters 112, 119, 189, 191, and 286, Florida |
182 | Statutes, as amended from time to time. |
183 | Section 6. Impact fees.-- |
184 | (1) Pursuant to section 191.009(4), Florida Statutes, it |
185 | is hereby declared that the cost of new facilities for fire |
186 | protection and emergency service should be borne by new users of |
187 | the district?s services to the extent new construction requires |
188 | new facilities, but only to that extent. It is the legislative |
189 | intent of this section to transfer to the new users of the |
190 | district?s fire protection and emergency services a fair share |
191 | of the costs that new users impose on the district for new |
192 | facilities. This section shall only apply in the event that the |
193 | local general-purpose government in which the district is |
194 | located has not adopted an impact fee for fire services which is |
195 | distributed to the district for construction within its |
196 | jurisdictional boundaries. |
197 | (2) The impact fees collected by the district pursuant to |
198 | this section shall be kept as a separate fund from other |
199 | revenues of the district and shall be used exclusively for the |
200 | acquisition, purchase, or construction of new facilities or |
201 | portions thereof required to provide fire protection and |
202 | emergency service to new construction. ?New facilities? means |
203 | land, buildings, and capital equipment, including, but not |
204 | limited to, fire and emergency vehicles and radio telemetry |
205 | equipment. The fees shall not be used for the acquisition, |
206 | purchase, or construction of facilities which must be obtained |
207 | in any event, regardless of growth within the district. The |
208 | board shall maintain adequate records to ensure that impact fees |
209 | are expended only for permissible new facilities. The board may |
210 | enter into agreements with local general-purpose governments to |
211 | share in the revenues from fire protection impact fees imposed |
212 | by such governments. |
213 | Section 7. Ad valorem taxes a lien.--The taxes levied and |
214 | assessed by the district shall be a lien upon the land so |
215 | assessed along with the county taxes assessed against such land |
216 | until said assessments and taxes have been paid, and if the |
217 | taxes levied by the district become delinquent, such taxes shall |
218 | be considered a part of the county tax subject to the same |
219 | penalties, charges, fees, and remedies for enforcement and |
220 | collection and shall be enforced and collected as provided by |
221 | general law, including, but not limited to, chapter 191, Florida |
222 | Statutes, for the collection of such taxes. |
223 | Section 8. Deposit of taxes, assessments, fees; authority |
224 | to disburse funds.-- |
225 | (1) The funds of the district shall be deposited in |
226 | qualified public depositories, in accordance with chapters 191 |
227 | and 280, Florida Statutes, as they may be amended from time to |
228 | time. |
229 | (2) All warrants for the payment of labor, equipment, and |
230 | other expenses of the board, and in carrying into effect this |
231 | act and the purposes thereof, shall be payable by the treasurer |
232 | of the board on accounts and vouchers approved and authorized by |
233 | the board. |
234 | Section 9. Authority to borrow money.-- |
235 | (1) The board of commissioners shall have the power and |
236 | authority to borrow money or issue other evidences of |
237 | indebtedness, including, but not limited to, bonds, for the |
238 | purpose of the district in accordance with chapters 189 and 191, |
239 | Florida Statutes, as amended from time to time. |
240 | (2) The board of commissioners shall not be personally or |
241 | individually liable for the repayment of such loan. Such |
242 | repayment shall be made out of the tax receipts of the district |
243 | subject to the provisions of chapters 189 and 191, Florida |
244 | Statutes. |
245 | Section 10. Use of district funds.--No funds of the |
246 | district shall be used for any purposes other than the |
247 | administration of the affairs and business of the district; the |
248 | construction, care, maintenance, upkeep, operation, and purchase |
249 | of firefighting and rescue equipment or a fire station or |
250 | stations; the payment of public utilities; and the payment of |
251 | salaries of district personnel as the board may from time to |
252 | time determine to be necessary for the operations and |
253 | effectiveness of the district. |
254 | Section 11. Record of board meetings; authority to adopt |
255 | policies and regulations; annual reports; budget.-- |
256 | (1) A record shall be kept of all meetings of the board, |
257 | and in such meetings concurrence of a majority of the |
258 | commissioners present shall be necessary for any affirmative |
259 | action by the board. |
260 | (2) The board shall have the authority to adopt and amend |
261 | policies and regulations for the administration of the affairs |
262 | of the district under the terms of this act, chapters 189 and |
263 | 191, Florida Statutes, and all other applicable provisions of |
264 | Florida law, which shall include, but not be limited to, the |
265 | authority to adopt the necessary policies and regulations for |
266 | the administration and supervision of the property and personnel |
267 | of the district and for the prevention of fires, fire control, |
268 | and rescue work within the district. Said commissioners shall |
269 | have all the lawful power and authority necessary to implement |
270 | the purposes for which the said fire district is created, which |
271 | power and authority shall include, but not be limited to, the |
272 | power to purchase or lease all necessary fire equipment, rescue |
273 | equipment, and all other equipment necessary to carry out the |
274 | purposes of said fire district; to purchase all necessary real |
275 | and personal property; to purchase and carry standard insurance |
276 | policies on all such equipment; to employ such personnel as may |
277 | be necessary to carry out the purpose of said fire district; to |
278 | provide adequate insurance for said employees; to purchase and |
279 | carry appropriate insurance for the protection of all |
280 | firefighters and personnel as well as all equipment and personal |
281 | property on loan to the district; to provide benefits to |
282 | employees and commissioners; to sell surplus real and personal |
283 | property in the same manner and subject to the same restrictions |
284 | as provided for such sales by counties; and to enter into |
285 | contracts with qualified service providers, other fire |
286 | departments, municipalities, and state and federal governmental |
287 | units for the purpose of obtaining financial aid, assistance or |
288 | benefits, expanding services, providing effective mutual aid, |
289 | and for otherwise carrying out the purposes of the district. The |
290 | commissioners shall adopt a fiscal year for said fire district |
291 | which shall be October 1 to September 30. |
292 | (3) For the purposes of carrying into effect this act, the |
293 | board shall annually prepare, consider, and adopt a district |
294 | budget pursuant to the applicable requirements of chapters 189, |
295 | 191, and 200, Florida Statutes, as they may be amended from time |
296 | to time. |
297 | Section 12. Authority to enact fire prevention ordinances; |
298 | appoint fire marshal; acquire land; enter contracts; establish |
299 | salaries; general and special powers; authority to provide |
300 | emergency medical and rescue services.-- |
301 | (1) The board of commissioners shall have the right and |
302 | power to enact fire prevention ordinances in the same manner |
303 | provided for the adoption of policies and regulations in |
304 | subsection (2) of section 11, and when the provisions of such |
305 | fire prevention ordinances are determined by the board to be |
306 | violated, the office of the state attorney, upon written notice |
307 | of such violation issued by the board, is authorized to |
308 | prosecute such person or persons held to be in violation |
309 | thereof. Any person found guilty of a violation may be punished |
310 | as provided in chapter 775, Florida Statutes, as a misdemeanor |
311 | of the second degree. The cost of such prosecution shall be paid |
312 | out of the district funds unless otherwise provided by law. |
313 | (2) The board shall have the power to appoint a fire |
314 | marshal, who shall be a person experienced in all types of |
315 | firefighting and fire prevention and who shall work with and |
316 | cooperate with the Florida State Fire Marshal in which the |
317 | district is situated in the prevention of fires of all types. |
318 | The district fire marshal shall be authorized to enter, at all |
319 | reasonable hours, any building or premises for the purpose of |
320 | making any inspection or investigation which the State Fire |
321 | Marshal is authorized to make pursuant to state law and |
322 | regulation. The owner, lessee, manager, or operator of any |
323 | building or premises shall permit the district fire marshal to |
324 | enter and inspect the building or premises at all reasonable |
325 | hours. The district fire marshal shall report any violations of |
326 | state fire safety law or regulations to the appropriate |
327 | officials. |
328 | (3) The board shall have the power to acquire by gift, |
329 | lease, or purchase lands or rights in lands, and any other |
330 | property, real and personal, tangible or intangible, necessary, |
331 | desirable, or convenient for carrying out the purposes of the |
332 | district, and to pay any and all costs of same out of the funds |
333 | of the district. |
334 | (4) The board shall have the power to enter into contracts |
335 | or to otherwise join with any other district, city, town, the |
336 | United States of America, or any agency or authority thereunder |
337 | for the purpose of expanding services, providing effective |
338 | mutual aid, and accomplishing and carrying out the purposes for |
339 | which the district was created and for the further purpose of |
340 | specifically obtaining financial aid, assistance, or subsidy. |
341 | (5) The district is authorized to establish and maintain |
342 | emergency medical and rescue response services and to acquire |
343 | and maintain rescue, medical, and other emergency equipment, |
344 | subject to the provisions of chapter 401, Florida Statutes. |
345 | Section 13. Annexations.--If any municipality or other |
346 | fire control district annexes any land included in the district, |
347 | such annexation shall follow the procedures set forth in section |
348 | 171.093, Florida Statutes, as amended from time to time. |
349 | Section 14. Immunity from tort liability.-- |
350 | (1) The district and its officers, agents, and employees |
351 | shall have the same immunity from tort liability as other |
352 | agencies and subdivisions of the state. The provisions of |
353 | chapter 768, Florida Statutes, as from time to time amended, |
354 | shall apply to all claims asserted against the district. |
355 | (2) The district commissioners and all officers, agents, |
356 | and employees of the district shall have the same immunity and |
357 | exemption from personal liability as is provided by general law |
358 | of the state for state, county, and municipal officers. |
359 | (3) The district shall defend all claims against the |
360 | commissioners, officers, agents, and employees which arise |
361 | within the scope of employment or purposes of the district and |
362 | shall pay all judgments against said persons, except where said |
363 | persons acted in bad faith or with malicious purpose or in a |
364 | manner exhibiting wanton and willful disregard of human rights, |
365 | safety, or property. |
366 | Section 15. District expansion; merger; dissolution.--The |
367 | district boundaries may be modified, extended, or enlarged as |
368 | follows: |
369 | (1) Lands may be added or deleted from the district only |
370 | by special act of the Legislature, subject to a referendum vote. |
371 | Lands added to the district shall also require a board |
372 | resolution approving the addition of lands to the district. The |
373 | addition or deletion of lands may be effective only upon an |
374 | affirmative majority vote of the electors in the lands to be |
375 | included or deleted in the district. |
376 | (2) The merger of the district with all or portions of |
377 | another independent special district or dependent fire district |
378 | is effective only upon ratification by the Legislature. The |
379 | district may not, solely by merger with another governmental |
380 | entity, increase ad valorem taxes on property within the |
381 | original limits of the district beyond the maximum established |
382 | by chapter 191, Florida Statutes, unless approved by the |
383 | electors of the district by referendum. |
384 | (3) The district may only be dissolved by special act of |
385 | the Legislature, subject to referendum vote of the electors of |
386 | the district, which may be conducted by mail ballot. If |
387 | legislative dissolution of a district is proposed in order to |
388 | consolidate fire services under a county or municipal |
389 | government, the county or municipality shall prepare a report |
390 | setting forth the plans for merger, and the report shall address |
391 | the following factors in evaluating the proposed merger: |
392 | (a) Whether, in light of independent fiscal analysis, |
393 | level-of-service implications, and other public policy |
394 | considerations, the proposed merger is the best alternative for |
395 | delivering fire services and facilities to the affected area. |
396 | (b) Whether the fire services and facilities to be |
397 | provided pursuant to the merger will be compatible with the |
398 | capacity and uses of existing local services and facilities. |
399 | (c) Whether the merger is consistent with the applicable |
400 | provisions of the state comprehensive plan, the strategic |
401 | regional policy plan, and the local government comprehensive |
402 | policy plans of the affected area. |
403 | (d) Whether the proposed merger adequately provides for |
404 | the assumption of all indebtedness. |
405 | Section 4. This act shall be construed as remedial and |
406 | shall be liberally construed to promote the purpose for which it |
407 | is intended. |
408 | Section 5. In the event that any part of this act should |
409 | be held void for any reason, such holding shall not affect any |
410 | other part thereof. |
411 | Section 6. Chapters 22372 (1943), 23382 (1945), 57-1514, |
412 | 69-1239, 73-533, 74-523, 75-419, 79-500, and 87-477, Laws of |
413 | Florida, are repealed. |
414 | Section 7. This act shall take effect upon becoming a law. |