HB 1719CS

CHAMBER ACTION



1     Committee Substitute
2     Remove the entire bill and insert:
3
A bill to be entitled
4An act relating to Boca Grande Fire Control District,
5Charlotte and Lee Counties; codifying, reenacting,
6amending, and repealing special laws relating to the
7district; providing that the district is an independent
8special district; providing legislative intent; providing
9for applicability of chapters 191 and 189, Florida
10Statutes, and other general laws; providing a district
11charter; providing boundaries; providing for a district
12board; providing authority of the board; providing for
13staff; providing duties and powers of the board; providing
14for elections to the board; providing salary of board
15members; providing for the removal of board members;
16providing for revenue raising; providing for the levying
17of non-ad valorem special assessments; providing for
18capital improvement impact fees; providing severability;
19providing for liberal construction; providing an effective
20date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24     Section 1.  Pursuant to section 191.015, Florida Statutes,
25this act constitutes the codification of all special acts
26relating to the Boca Grande Fire Control District.  It is the
27intent of the Legislature in enacting this law to provide a
28single, comprehensive special act charter for the district,
29including all current legislative authority granted to the
30district by its several legislative enactments, and to conform
31the charter to chapter 191, Florida Statutes, the Independent
32Special Fire Control District Act, and other provisions of
33general law.  It is further the intent of this act to preserve
34all district authority, including the authority to annually
35assess and levy against the taxable property in the district an
36ad valorem tax not to exceed the limit as herein provided.
37     Section 2.  Chapters 22372 (1943), 23382 (1945), 57-1514,
3869-1239, 73-533, 74-523, 75-419, 79-500, and 97-340, Laws of
39Florida, relating to the Boca Grande Fire Control District, are
40codified, reenacted, amended, and repealed as herein provided.
41     Section 3.  The charter for the Boca Grande Fire Control
42District is re-created and reenacted to read:
43     Section 1.  Definitions.--As used in this act, unless
44otherwise specified:
45     (1)  "Board" means the governing board of the Boca Grande
46Fire Control District.
47     (2)  "District" means the Boca Grande Fire Control
48District.
49     (3)  "Elector" means a person who is a resident of the
50district and is qualified to vote in a general election within
51the local general-purpose government jurisdiction in which the
52district is located.
53     (4)  "Emergency medical service" means basic and advanced
54life support service as defined in section 401.23, Florida
55Statutes.
56     (5)  "Rescue response service" means an initial response to
57an emergency or accident situation including, without
58limitation, a plane crash, trench or building collapse, swimming
59or boating accidents, and motor vehicle accidents.
60     Section 2.  Creation; status; charter amendments;
61boundaries; district purposes.--There is hereby created an
62independent special taxing fire protection and rescue service
63district incorporating lands in Charlotte County and Lee County
64described in subsection (1) which shall be a public corporation
65having the powers, duties, obligations, and immunities herein
66set forth, under the name of the Boca Grande Fire Control
67District. The district is organized and exists for all purposes,
68and shall hold all powers, set forth in this act and chapters
69189 and 191, Florida Statutes.
70     (1)  The lands to be included within the district are the
71following described lands in Charlotte County and Lee County:
72all that portion of Gasparilla Island located within Lee County,
73Florida; all that portion of Gasparilla Island located within
74Charlotte County, Florida; and all of Cole Island (lying
75northerly of Gasparilla Island), Charlotte County, Florida.
76     (2)  The purpose of the district and this act is to promote
77the health, welfare, and safety of the citizens and residents of
78Charlotte County and Lee County who reside within the
79geographical limits of that area known as the Boca Grande Fire
80Control District, by providing for: firefighting equipment; the
81establishment and maintenance of fire stations and fire
82substations; the acquisition and maintenance of all firefighting
83and protection equipment necessary for the prevention of fires
84or fighting of fires; the employment and training of such
85personnel as may be necessary to accomplish fire prevention and
86firefighting; the establishment and maintenance of emergency
87medical service; the establishment and maintenance of rescue
88response service; the acquisition and maintenance of rescue and
89other emergency equipment; and the employment and training of
90necessary emergency personnel. The district shall have all other
91powers necessary as to carry out the purposes of the district as
92otherwise provided by law, including, but not limited to, the
93power to adopt all necessary measures, rules, and regulations
94and policies relating to said purposes.
95     (3)  Nothing herein shall prevent the district from
96cooperating with the state or other local governments to render
97such services to communities adjacent to the land described in
98this section, or other such places as from time to time may be
99deemed desirable.
100     (4)  The district was created by special act of the
101Legislature in 1943.  Its charter may be amended only by special
102act of the Legislature.
103     Section 3.  Board of commissioners.--
104     (1)  Pursuant to chapter 191, Florida Statutes, the
105business and affairs of the district shall be governed and
106administered by a board of three commissioners. The
107commissioners shall serve a term of 4 years each, subject to the
108provisions of chapter 191, Florida Statutes, and this act. Each
109commissioner shall hold office until his or her successor is
110elected and qualified under the provisions of this act. The
111procedures for conducting district elections and for
112qualification of candidates and electors shall be pursuant to
113chapters 189 and 191, Florida Statutes, as they may be amended
114from time to time.
115     (2)  The board may employ such personnel as deemed
116necessary for the proper function and operation of a fire
117department. The salaries of commissioners, fire department and
118emergency service personnel, and any other wages, shall be
119determined by the board.
120     Section 4. Officers; board compensation; bond.--
121     (1)  In accordance with chapter 191, Florida Statutes, each
122elected member of the board shall assume office 10 days
123following the member's election. Annually, within 60 days after
124the election of new members of said board, the members shall
125organize by electing from their number a chair, vice chair,
126secretary, and treasurer. However, the same member may be both
127secretary and treasurer, in accordance with chapter 191, Florida
128Statutes, as amended from time to time.
129     (2)  The commissioners shall receive reimbursement for
130actual expenses incurred while performing the duties of their
131offices in accordance with general law governing per diem for
132public officials.
133     (3)  Each commissioner, upon taking office and in
134accordance with chapters 189 and 191, Florida Statutes, shall
135execute to the Governor, for the benefit of the district, a bond
136conditioned upon the faithful performance of the duties of the
137commissioner's office. The premium for such bonds shall be paid
138from district funds.
139     Section 5.  Powers; duties; ad valorem assessments; non-ad
140valorem assessments.--
141     (1)  The district shall have and the board may exercise all
142the powers and duties set forth in this act, and chapters 189,
143191, and 197, Florida Statutes, as they may be amended from time
144to time, including, but not limited to, ad valorem taxation,
145bond issuance, other revenue-raising capabilities, budget
146preparation and approval, liens and foreclosure of liens, use of
147tax deeds and tax certificates as appropriate for non-ad valorem
148assessments, and contractual agreements. The district shall have
149the authority to access and utilize the public water supply
150system at no charge for the purposes of firefighting and fire
151prevention.  The district may be financed by any method
152established in this act or chapter 189 or chapter 191, Florida
153Statutes, as amended from time to time.
154     (2)  The board shall have the right, power, and authority
155to levy annually an ad valorem tax against the taxable real
156estate within the district to provide funds for the purposes of
157the district, in an amount not to exceed the limit provided in
158chapter 191, Florida Statutes, as amended from time to time.
159Although the district is authorized to levy a maximum millage
160rate as provided for in section 191.009(1), Florida Statutes,
161the district must receive referendum approval, as required by
162the State Constitution and section 191.009, Florida Statutes,
163for any increase in the millage rate above 2 mills.
164     (3)  The methods and procedures for assessing and
165collecting non-ad valorem assessments, fees, or service charges
166shall be as set forth in this act, chapter 170, chapter 189,
167chapter 191, or chapter 197, Florida Statutes, as amended from
168time to time.
169     (4)  The district shall levy and collect ad valorem taxes
170in accordance with chapter 200, Florida Statutes, as amended
171from time to time.
172     (5)  The district is authorized to levy and enforce non-ad
173valorem assessments in accordance with chapters 170, 189, 191,
174and 197, Florida Statutes, as amended from time to time.
175     (6)  The district's planning requirements shall be as set
176forth in this act and chapters 189 and 191, Florida Statutes, as
177amended from time to time.
178     (7)  Requirements for financial disclosure, meeting
179notices, reporting, public records maintenance, and per diem
180expenses for officers and employees shall be as set forth in
181this act and chapters 112, 119, 189, 191, and 286, Florida
182Statutes, as amended from time to time.
183     Section 6.  Impact fees.--
184     (1)  Pursuant to section 191.009(4), Florida Statutes, it
185is hereby declared that the cost of new facilities for fire
186protection and emergency service should be borne by new users of
187the district's services to the extent new construction requires
188new facilities, but only to that extent. It is the legislative
189intent of this section to transfer to the new users of the
190district's fire protection and emergency services a fair share
191of the costs that new users impose on the district for new
192facilities. This section shall only apply in the event that the
193general purpose local government in which the district is
194located has not adopted an impact fee for fire services which is
195distributed to the district for construction within its
196jurisdictional boundaries.
197     (2)  The impact fees collected by the district pursuant to
198this section shall be kept as a separate fund from other
199revenues of the district and shall be used exclusively for the
200acquisition, purchase, or construction of new facilities or
201portions thereof required to provide fire protection and
202emergency service to new construction. "New facilities" means
203means land, buildings, and capital equipment, including, but not
204limited to, fire and emergency vehicles and radio telemetry
205equipment. The fees shall not be used for the acquisition,
206purchase, or construction of facilities which must be obtained
207in any event, regardless of growth within the district. The
208board shall maintain adequate records to ensure that impact fees
209are expended only for permissible new facilities.  The board may
210enter into agreements with general purpose local governments to
211share in the revenues from fire protection impact fees imposed
212by such governments.
213     Section 7.  Ad valorem taxes a lien.--The taxes levied and
214assessed by the district shall be a lien upon the land so
215assessed along with the county taxes assessed against such land
216until said assessments and taxes have been paid, and if the
217taxes levied by the district become delinquent, such taxes shall
218be considered a part of the county tax subject to the same
219penalties, charges, fees, and remedies for enforcement and
220collection and shall be enforced and collected as provided by
221general law, including but not limited to chapter 191, Florida
222Statutes, for the collection of such taxes.
223     Section 8.  Deposit of taxes, assessments, fees; authority
224to disburse funds.--
225     (1)  The funds of the district shall be deposited in
226qualified public depositories, in accordance with chapters 191
227and 280, Florida Statutes, as they may be amended from time to
228time.
229     (2)  All warrants for the payment of labor, equipment, and
230other expenses of the board, and in carrying into effect this
231act and the purposes thereof, shall be payable by the treasurer
232of the board on accounts and vouchers approved and authorized by
233the board.
234     Section 9.  Authority to borrow money.--
235     (1)  The board of commissioners shall have the power and
236authority to borrow money or issue other evidences of
237indebtedness, including, but not limited to bonds, for the
238purpose of the district in accordance with chapters 189 and 191,
239Florida Statutes, as amended from time to time.
240     (2)  The board of commissioners shall not be personally or
241individually liable for the repayment of such loan. Such
242repayment shall be made out of the tax receipts of the district
243subject to the provisions of chapters 189 and 191, Florida
244Statutes.
245     Section 10.  Use of district funds.--No funds of the
246district shall be used for any purposes other than the
247administration of the affairs and business of the district; the
248construction, care, maintenance, upkeep, operation, and purchase
249of firefighting and rescue equipment or a fire station or
250stations; the payment of public utilities; and the payment of
251salaries of district personnel as the board may from time to
252time determine to be necessary for the operations and
253effectiveness of the district.
254     Section 11.  Record of board meetings; authority to adopt
255policies and regulations; annual reports; budget.--
256     (1)  A record shall be kept of all meetings of the board,
257and in such meetings concurrence of a majority of the
258commissioners present shall be necessary to any affirmative
259action by the board.
260     (2)  The board shall have the authority to adopt and amend
261policies and regulations for the administration of the affairs
262of the district under the terms of this act, chapters 189 and
263191, Florida Statutes, and all other applicable provisions of
264Florida law, which shall include, but not be limited to, the
265authority to adopt the necessary policies and regulations for
266the administration and supervision of the property and personnel
267of the district and for the prevention of fires, fire control,
268and rescue work within the district. Said commissioners shall
269have all the lawful power and authority necessary to implement
270the purposes for which the said fire district is created, which
271power and authority shall include, but not be limited to, the
272power to purchase or lease all necessary fire equipment, rescue
273equipment, and all other equipment necessary to carry out the
274purposes of said fire district; to purchase all necessary real
275and personal property; to purchase and carry standard insurance
276policies on all such equipment; to employ such personnel as may
277be necessary to carry out the purpose of said fire district; to
278provide adequate insurance for said employees; to purchase and
279carry appropriate insurance for the protection of all
280firefighters and personnel as well as all equipment and personal
281property on loan to the district; to provide benefits to
282employees and commissioners, to sell surplus real and personal
283property in the same manner and subject to the same restrictions
284as provided for such sales by counties; and to enter into
285contracts with qualified service providers, other fire
286departments, municipalities, and state and federal governmental
287units for the purpose of obtaining financial aid, assistance, or
288benefits, expanding services, providing effective mutual aid,
289and for otherwise carrying out the purposes of the district. The
290commissioners shall adopt a fiscal year for said fire district
291which shall be October 1 to September 30.
292     (3)  For the purposes of carrying into effect this act, the
293board shall annually prepare, consider, and adopt a district
294budget pursuant to the applicable requirements of chapters 189,
295191, and 200, Florida Statutes, as they may be amended from time
296to time.
297     Section 12.  Authority to enact fire prevention ordinances;
298appoint fire marshal; acquire land; enter contracts; establish
299salaries; general and special powers; authority to provide
300emergency medical and rescue services.
301     (1)  The board of commissioners shall have the right and
302power to enact fire prevention ordinances in the same manner
303provided for the adoption of policies and regulations in section
30411(2), and when the provisions of such fire prevention
305ordinances are determined by the board to be violated, the
306office of the state attorney, upon written notice of such
307violation issued by the board, is authorized to prosecute such
308person or persons held to be in violation thereof. Any person
309found guilty of a violation may be punished as provided in
310chapter 775, Florida Statutes, as a misdemeanor of the second
311degree. The cost of such prosecution shall be paid out of the
312district funds unless otherwise provided by law.
313     (2)  The board shall have the power to appoint a fire
314marshal, who shall be a person experienced in all types of
315firefighting and fire prevention and who shall work with and
316cooperate with the Florida State Fire Marshal in which the
317district is situated in the prevention of fires of all types.
318The district fire marshal shall be authorized to enter, at all
319reasonable hours, any building or premises for the purpose of
320making any inspection or investigation which the State Fire
321Marshal is authorized to make pursuant to state law and
322regulation. The owner, lessee, manager, or operator of any
323building or premises shall permit the district fire marshal to
324enter and inspect the building or premises at all reasonable
325hours. The district fire marshal shall report any violations of
326state fire safety law or regulations to the appropriate
327officials.
328     (3)  The board shall have the power to acquire, by gift,
329lease or purchase, lands or rights in lands, and any other
330property, real and personal, tangible or intangible, necessary,
331desirable, or convenient for carrying out the purposes of the
332district, and to pay any and all costs of same out of the funds
333of the district.
334     (4)  The board shall have the power to enter into contracts
335or to otherwise join with any other district, city, town, the
336United States of America, or any agency or authority thereunder,
337for the purpose of expanding services, providing effective
338mutual aid, and accomplishing and carrying out the purposes for
339which the district was created and for the further purpose of
340specifically obtaining financial aid, assistance, or subsidy.
341     (5)  The district is authorized to establish and maintain
342emergency medical and rescue response services and to acquire
343and maintain rescue, medical, and other emergency equipment,
344subject to the provisions of chapter 401, Florida Statutes.
345     Section 13.  Annexations.--If any municipality or other
346fire control district annexes any land included in the district,
347such annexation shall follow the procedures set forth in section
348171.093, 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
351shall have the same immunity from tort liability as other
352agencies and subdivisions of the state. The provisions of
353chapter 768, Florida Statutes, as from time to time amended,
354shall apply to all claims asserted against the district.
355     (2)  The district commissioners and all officers, agents,
356and employees of the district shall have the same immunity and
357exemption from personal liability as is provided by general law
358of the state for state, county, and municipal officers.
359     (3)  The district shall defend all claims against the
360commissioners, officers, agents, and employees which arise
361within the scope of employment or purposes of the district and
362shall pay all judgments against said persons, except where said
363persons acted in bad faith or with malicious purpose or in a
364manner exhibiting wanton and willful disregard of human rights,
365safety, or property.
366     Section 15.  District expansion; merger; dissolution.--The
367district boundaries may be modified, extended, or enlarged as
368follows:
369     (1)  Lands may be added or deleted from the district only
370by special act of the Legislature, subject to a referendum vote.
371Lands added to the district shall also require a board
372resolution approving the addition of lands to the district. The
373addition or deletion of lands may be effective only upon an
374affirmative majority vote of the electors in the lands to be
375included or deleted in the district.
376     (2)  The merger of the district with all or portions of
377another independent special district or dependent fire district
378is effective only upon ratification by the Legislature.  The
379district may not, solely by merger with another governmental
380entity, increase ad valorem taxes on property within the
381original limits of the district beyond the maximum established
382by chapter 191, Florida Statutes, unless approved by the
383electors of the district by referendum.
384     (3)  The district may only be dissolved by special act of
385the Legislature, subject to referendum vote of the electors of
386the district, which may be conducted by mail ballot. If
387legislative dissolution of a district is proposed in order to
388consolidate fire services under a county or municipal
389government, the county or municipality shall prepare a report
390setting forth the plans for merger, and the report shall address
391the following factors in evaluating the proposed merger:
392     (a)  Whether, in light of independent fiscal analysis,
393level-of-service implications, and other public policy
394considerations, the proposed merger is the best alternative for
395delivering fire services and facilities to the affected area.
396     (b)  Whether the fire services and facilities to be
397provided pursuant to the merger will be compatible with the
398capacity and uses of existing local services and facilities.
399     (c)  Whether the merger is consistent with the applicable
400provisions of the state comprehensive plan, the strategic
401regional policy plan, and the local government comprehensive
402policy plans of the affected area.
403     (d)  Whether the proposed merger adequately provides for
404the assumption of all indebtedness.
405     Section 4.  This act shall be construed as remedial and
406shall be liberally construed to promote the purpose for which it
407is intended.
408     Section 5.  In the event that any part of this act should
409be held void for any reason, such holding shall not affect any
410other part thereof.
411     Section 6.  Chapters 22372 (1943), 23382 (1945), 57-1514,
41269-1239, 73-533, 74-523, 75-419, 79-500, and 97-340, Laws of
413Florida, are repealed.
414     Section 7.  This act shall take effect upon becoming a law.


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