| 1 | A bill to be entitled |
| 2 | An act relating to Boca Grande Fire Control District, Charlotte |
| 3 | and Lee Counties; codifying, reenacting, amending, and repealing |
| 4 | special laws relating to the district; providing that the |
| 5 | district is an independent special district; providing |
| 6 | legislative intent; providing for applicability of chapters 191 |
| 7 | and 189, Florida Statutes, and other general laws; providing a |
| 8 | district charter; providing boundaries; providing for a district |
| 9 | board; providing authority of the board; providing for staff; |
| 10 | providing duties and powers of the board; providing for |
| 11 | elections to the board; providing salary of board members; |
| 12 | providing for the removal of board members; providing for |
| 13 | revenue raising; providing for the levying of non-ad valorem |
| 14 | special assessments; providing for capital improvement impact |
| 15 | fees; providing severability; providing for liberal |
| 16 | construction; amending chapters 87-447 and 97-340, Laws of |
| 17 | Florida, and repealing section 1 of chapter 87-447, Laws of |
| 18 | Florida, to conform; providing an effective 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 as herein provided. |
| 35 | Section 2. Chapters 22372 (1943), 23382 (1945), 57-1514, |
| 36 | 69-1239, 73-533, 74-523, 75-419, 79-500, and 97-340, Laws of |
| 37 | Florida, relating to the Boca Grande Fire Control District, are |
| 38 | codified, reenacted, amended, and repealed as herein provided. |
| 39 | Section 3. The charter for the Boca Grande Fire Control |
| 40 | District is re-created and reenacted to read: |
| 41 | Section 1. Definitions.--As used in this act, unless |
| 42 | otherwise specified: |
| 43 | (1) "Board" means the governing board of the Boca Grande |
| 44 | Fire Control District. |
| 45 | (2) "District" means the Boca Grande Fire Control |
| 46 | District. |
| 47 | (3) "Elector" means a person who is a resident of the |
| 48 | district and is qualified to vote in a general election within |
| 49 | the local general-purpose government jurisdiction in which the |
| 50 | district is located. |
| 51 | (4) "Emergency medical service" means basic and advanced |
| 52 | life support service as defined in section 401.23, Florida |
| 53 | Statutes. |
| 54 | (5) "Rescue response service" means an initial response to |
| 55 | an emergency or accident situation including, without |
| 56 | limitation, a plane crash, trench or building collapse, swimming |
| 57 | or boating accidents, and motor vehicle accidents. |
| 58 | Section 2. Creation; status; charter amendments; |
| 59 | boundaries; district purposes.--There is hereby created an |
| 60 | independent special taxing fire protection and rescue service |
| 61 | district incorporating lands in Charlotte County and Lee County |
| 62 | described in subsection (1) which shall be a public corporation |
| 63 | having the powers, duties, obligations, and immunities herein |
| 64 | set forth, under the name of the Boca Grande Fire Control |
| 65 | District. The district is organized and exists for all purposes, |
| 66 | and shall hold all powers, set forth in this act and chapters |
| 67 | 189 and 191, Florida Statutes. |
| 68 | (1) The lands to be included within the district are the |
| 69 | following described lands in Charlotte County and Lee County: |
| 70 | all that portion of Gasparilla Island located within Lee County, |
| 71 | Florida; all that portion of Gasparilla Island located within |
| 72 | Charlotte County, Florida; and all of Cole Island (lying |
| 73 | northerly of Gasparilla Island), Charlotte County, Florida. |
| 74 | (2) The purpose of the district and this act is to promote |
| 75 | the health, welfare, and safety of the citizens and residents of |
| 76 | Charlotte County and Lee County who reside within the |
| 77 | geographical limits of that area known as the Boca Grande Fire |
| 78 | Control District, by providing for: firefighting equipment; the |
| 79 | establishment and maintenance of fire stations and fire |
| 80 | substations; the acquisition and maintenance of all firefighting |
| 81 | and protection equipment necessary for the prevention of fires |
| 82 | or fighting of fires; the employment and training of such |
| 83 | personnel as may be necessary to accomplish fire prevention and |
| 84 | firefighting; the establishment and maintenance of emergency |
| 85 | medical service; the establishment and maintenance of rescue |
| 86 | response service; the acquisition and maintenance of rescue and |
| 87 | other emergency equipment; and the employment and training of |
| 88 | necessary emergency personnel. The district shall have all other |
| 89 | powers necessary as to carry out the purposes of the district as |
| 90 | otherwise provided by law, including, but not limited to, the |
| 91 | power to adopt all necessary measures, rules, and regulations |
| 92 | and policies relating to said purposes. |
| 93 | (3) Nothing herein shall prevent the district from |
| 94 | cooperating with the state or other local governments to render |
| 95 | such services to communities adjacent to the land described in |
| 96 | this section, or other such places as from time to time may be |
| 97 | deemed desirable. |
| 98 | (4) The district was created by special act of the |
| 99 | Legislature in 1943. Its charter may be amended only by special |
| 100 | act of the Legislature. |
| 101 | Section 3. Board of commissioners.-- |
| 102 | (1) Pursuant to chapter 191, Florida Statutes, the |
| 103 | business and affairs of the district shall be governed and |
| 104 | administered by a board of three commissioners. The |
| 105 | commissioners shall serve a term of 4 years each, subject to the |
| 106 | provisions of chapter 191, Florida Statutes, and this act. Each |
| 107 | commissioner shall hold office until his or her successor is |
| 108 | elected and qualified under the provisions of this act. The |
| 109 | procedures for conducting district elections and for |
| 110 | qualification of candidates and electors shall be pursuant to |
| 111 | chapters 189 and 191, Florida Statutes, as they may be amended |
| 112 | from time to time. |
| 113 | (2) The board may employ such personnel as deemed |
| 114 | necessary for the proper function and operation of a fire |
| 115 | department. The salaries of commissioners, fire department and |
| 116 | emergency service personnel, and any other wages, shall be |
| 117 | determined by the board. |
| 118 | Section 4. Officers; board compensation; bond.-- |
| 119 | (1) In accordance with chapter 191, Florida Statutes, each |
| 120 | elected member of the board shall assume office 10 days |
| 121 | following the member's election. Annually, within 60 days after |
| 122 | the election of new members of said board, the members shall |
| 123 | organize by electing from their number a chair, vice chair, |
| 124 | secretary, and treasurer. However, the same member may be both |
| 125 | secretary and treasurer, in accordance with chapter 191, Florida |
| 126 | Statutes, as amended from time to time. |
| 127 | (2) The commissioners shall receive reimbursement for |
| 128 | actual expenses incurred while performing the duties of their |
| 129 | offices in accordance with general law governing per diem for |
| 130 | public officials. |
| 131 | (3) Each commissioner, upon taking office and in |
| 132 | accordance with chapters 189 and 191, Florida Statutes, shall |
| 133 | execute to the Governor, for the benefit of the district, a bond |
| 134 | conditioned upon the faithful performance of the duties of the |
| 135 | commissioner's office. The premium for such bonds shall be paid |
| 136 | from district funds. |
| 137 | Section 5. Powers; duties; ad valorem assessments; non-ad |
| 138 | valorem assessments.-- |
| 139 | (1) The district shall have and the board may exercise all |
| 140 | the powers and duties set forth in this act, and chapters 189, |
| 141 | 191, and 197, Florida Statutes, as they may be amended from time |
| 142 | to time, including, but not limited to, ad valorem taxation, |
| 143 | bond issuance, other revenue-raising capabilities, budget |
| 144 | preparation and approval, liens and foreclosure of liens, use of |
| 145 | tax deeds and tax certificates as appropriate for non-ad valorem |
| 146 | assessments, and contractual agreements. The district shall have |
| 147 | the authority to access and utilize the public water supply |
| 148 | system at no charge for the purposes of firefighting and fire |
| 149 | prevention. The district may be financed by any method |
| 150 | established in this act or chapter 189 or chapter 191, Florida |
| 151 | Statutes, as amended from time to time. |
| 152 | (2) The board shall have the right, power, and authority |
| 153 | to levy annually an ad valorem tax against the taxable real |
| 154 | estate within the district to provide funds for the purposes of |
| 155 | the district, 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 State Constitution and section 191.009, Florida Statutes, |
| 161 | for any increase in the millage rate above 2 mills. |
| 162 | (3) The methods and procedures for assessing and |
| 163 | collecting non-ad valorem assessments, fees, or service charges |
| 164 | shall be as set forth in this act, chapter 170, chapter 189, |
| 165 | chapter 191, or chapter 197, Florida Statutes, as amended from |
| 166 | time to time. |
| 167 | (4) The district shall levy and collect ad valorem taxes |
| 168 | in accordance with chapter 200, Florida Statutes, as amended |
| 169 | from time to time. |
| 170 | (5) The district is authorized to levy and enforce non-ad |
| 171 | valorem assessments in accordance with chapters 170, 189, 191, |
| 172 | and 197, Florida Statutes, as amended from time to time. |
| 173 | (6) The district's planning requirements shall be as set |
| 174 | forth in this act and chapters 189 and 191, Florida Statutes, as |
| 175 | amended from time to time. |
| 176 | (7) Requirements for financial disclosure, meeting |
| 177 | notices, reporting, public records maintenance, and per diem |
| 178 | expenses for officers and employees shall be as set forth in |
| 179 | this act and chapters 112, 119, 189, 191, and 286, Florida |
| 180 | Statutes, as amended from time to time. |
| 181 | Section 6. Impact fees.-- |
| 182 | (1) Pursuant to section 191.009(4), Florida Statutes, it |
| 183 | is hereby declared that the cost of new facilities for fire |
| 184 | protection and emergency service should be borne by new users of |
| 185 | the district's services to the extent new construction requires |
| 186 | new facilities, but only to that extent. It is the legislative |
| 187 | intent of this section to transfer to the new users of the |
| 188 | district's fire protection and emergency services a fair share |
| 189 | of the costs that new users impose on the district for new |
| 190 | facilities. This section shall only apply in the event that the |
| 191 | general purpose local government in which the district is |
| 192 | located has not adopted an impact fee for fire services which is |
| 193 | distributed to the district for construction within its |
| 194 | jurisdictional boundaries. |
| 195 | (2) The impact fees collected by the district pursuant to |
| 196 | this section shall be kept as a separate fund from other |
| 197 | revenues of the district and shall be used exclusively for the |
| 198 | acquisition, purchase, or construction of new facilities or |
| 199 | portions thereof required to provide fire protection and |
| 200 | emergency service to new construction. "New facilities" means |
| 201 | means land, buildings, and capital equipment, including, but not |
| 202 | limited to, fire and emergency vehicles and radio telemetry |
| 203 | equipment. The fees shall not be used for the acquisition, |
| 204 | purchase, or construction of facilities which must be obtained |
| 205 | in any event, regardless of growth within the district. The |
| 206 | board shall maintain adequate records to ensure that impact fees |
| 207 | are expended only for permissible new facilities. The board may |
| 208 | enter into agreements with general purpose local governments to |
| 209 | share in the revenues from fire protection impact fees imposed |
| 210 | by such governments. |
| 211 | Section 7. Ad valorem taxes a lien.--The taxes levied and |
| 212 | assessed by the district shall be a lien upon the land so |
| 213 | assessed along with the county taxes assessed against such land |
| 214 | until said assessments and taxes have been paid, and if the |
| 215 | taxes levied by the district become delinquent, such taxes shall |
| 216 | be considered a part of the county tax subject to the same |
| 217 | penalties, charges, fees, and remedies for enforcement and |
| 218 | collection and shall be enforced and collected as provided by |
| 219 | general law, including but not limited to chapter 191, Florida |
| 220 | Statutes, for the collection of such taxes. |
| 221 | Section 8. Deposit of taxes, assessments, fees; authority |
| 222 | to disburse funds.-- |
| 223 | (1) The funds of the district shall be deposited in |
| 224 | qualified public depositories, in accordance with chapters 191 |
| 225 | and 280, Florida Statutes, as they may be amended from time to |
| 226 | time. |
| 227 | (2) All warrants for the payment of labor, equipment, and |
| 228 | other expenses of the board, and in carrying into effect this |
| 229 | act and the purposes thereof, shall be payable by the treasurer |
| 230 | of the board on accounts and vouchers approved and authorized by |
| 231 | the board. |
| 232 | Section 9. Authority to borrow money.-- |
| 233 | (1) The board of commissioners shall have the power and |
| 234 | authority to borrow money or issue other evidences of |
| 235 | indebtedness, including, but not limited to bonds, for the |
| 236 | purpose of the district in accordance with chapters 189 and 191, |
| 237 | Florida Statutes, as amended from time to time. |
| 238 | (2) The board of commissioners shall not be personally or |
| 239 | individually liable for the repayment of such loan. Such |
| 240 | repayment shall be made out of the tax receipts of the district |
| 241 | subject to the provisions of chapters 189 and 191, Florida |
| 242 | Statutes. |
| 243 | Section 10. Use of district funds.--No funds of the |
| 244 | district shall be used for any purposes other than the |
| 245 | administration of the affairs and business of the district; the |
| 246 | construction, care, maintenance, upkeep, operation, and purchase |
| 247 | of firefighting and rescue equipment or a fire station or |
| 248 | stations; the payment of public utilities; and the payment of |
| 249 | salaries of district personnel as the board may from time to |
| 250 | time determine to be necessary for the operations and |
| 251 | effectiveness of the district. |
| 252 | Section 11. Record of board meetings; authority to adopt |
| 253 | policies and regulations; annual reports; budget.-- |
| 254 | (1) A record shall be kept of all meetings of the board, |
| 255 | and in such meetings concurrence of a majority of the |
| 256 | commissioners present shall be necessary to any affirmative |
| 257 | action by the board. |
| 258 | (2) The board shall have the authority to adopt and amend |
| 259 | policies and regulations for the administration of the affairs |
| 260 | of the district under the terms of this act, chapters 189 and |
| 261 | 191, Florida Statutes, and all other applicable provisions of |
| 262 | Florida law, which shall include, but not be limited to, the |
| 263 | authority to adopt the necessary policies and regulations for |
| 264 | the administration and supervision of the property and personnel |
| 265 | of the district and for the prevention of fires, fire control, |
| 266 | and rescue work within the district. Said commissioners shall |
| 267 | have all the lawful power and authority necessary to implement |
| 268 | the purposes for which the said fire district is created, which |
| 269 | power and authority shall include, but not be limited to, the |
| 270 | power to purchase or lease all necessary fire equipment, rescue |
| 271 | equipment, and all other equipment necessary to carry out the |
| 272 | purposes of said fire district; to purchase all necessary real |
| 273 | and personal property; to purchase and carry standard insurance |
| 274 | policies on all such equipment; to employ such personnel as may |
| 275 | be necessary to carry out the purpose of said fire district; to |
| 276 | provide adequate insurance for said employees; to purchase and |
| 277 | carry appropriate insurance for the protection of all |
| 278 | firefighters and personnel as well as all equipment and personal |
| 279 | property on loan to the district; to provide benefits to |
| 280 | employees and commissioners, to sell surplus real and personal |
| 281 | property in the same manner and subject to the same restrictions |
| 282 | as provided for such sales by counties; and to enter into |
| 283 | contracts with qualified service providers, other fire |
| 284 | departments, municipalities, and state and federal governmental |
| 285 | units for the purpose of obtaining financial aid, assistance, or |
| 286 | benefits, expanding services, providing effective mutual aid, |
| 287 | and for otherwise carrying out the purposes of the district. The |
| 288 | commissioners shall adopt a fiscal year for said fire district |
| 289 | which shall be October 1 to September 30. |
| 290 | (3) For the purposes of carrying into effect this act, the |
| 291 | board shall annually prepare, consider, and adopt a district |
| 292 | budget pursuant to the applicable requirements of chapters 189, |
| 293 | 191, and 200, Florida Statutes, as they may be amended from time |
| 294 | to time. |
| 295 | Section 12. Authority to enact fire prevention ordinances; |
| 296 | appoint fire marshal; acquire land; enter contracts; establish |
| 297 | salaries; general and special powers; authority to provide |
| 298 | emergency medical and rescue services. |
| 299 | (1) The board of commissioners shall have the right and |
| 300 | power to enact fire prevention ordinances in the same manner |
| 301 | provided for the adoption of policies and regulations in section |
| 302 | 11(2), and when the provisions of such fire prevention |
| 303 | ordinances are determined by the board to be violated, the |
| 304 | office of the state attorney, upon written notice of such |
| 305 | violation issued by the board, is authorized to prosecute such |
| 306 | person or persons held to be in violation thereof. Any person |
| 307 | found guilty of a violation may be punished as provided in |
| 308 | chapter 775, Florida Statutes, as a misdemeanor of the second |
| 309 | degree. The cost of such prosecution shall be paid out of the |
| 310 | district funds unless otherwise provided by law. |
| 311 | (2) The board shall have the power to appoint a fire |
| 312 | marshal, who shall be a person experienced in all types of |
| 313 | firefighting and fire prevention and who shall work with and |
| 314 | cooperate with the Florida State Fire Marshal in which the |
| 315 | district is situated in the prevention of fires of all types. |
| 316 | The district fire marshal shall be authorized to enter, at all |
| 317 | reasonable hours, any building or premises for the purpose of |
| 318 | making any inspection or investigation which the State Fire |
| 319 | Marshal is authorized to make pursuant to state law and |
| 320 | regulation. The owner, lessee, manager, or operator of any |
| 321 | building or premises shall permit the district fire marshal to |
| 322 | enter and inspect the building or premises at all reasonable |
| 323 | hours. The district fire marshal shall report any violations of |
| 324 | state fire safety law or regulations to the appropriate |
| 325 | officials. |
| 326 | (3) The board shall have the power to acquire, by gift, |
| 327 | lease or purchase, lands or rights in lands, and any other |
| 328 | property, real and personal, tangible or intangible, necessary, |
| 329 | desirable, or convenient for carrying out the purposes of the |
| 330 | district, and to pay any and all costs of same out of the funds |
| 331 | of the district. |
| 332 | (4) The board shall have the power to enter into contracts |
| 333 | or to otherwise join with any other district, city, town, the |
| 334 | United States of America, or any agency or authority thereunder, |
| 335 | for the purpose of expanding services, providing effective |
| 336 | mutual aid, and accomplishing and carrying out the purposes for |
| 337 | which the district was created and for the further purpose of |
| 338 | specifically obtaining financial aid, assistance, or subsidy. |
| 339 | (5) The district is authorized to establish and maintain |
| 340 | emergency medical and rescue response services and to acquire |
| 341 | and maintain rescue, medical, and other emergency equipment, |
| 342 | subject to the provisions of chapter 401, Florida Statutes. |
| 343 | Section 13. Annexations.--If any municipality or other |
| 344 | fire control district annexes any land included in the district, |
| 345 | such annexation shall follow the procedures set forth in section |
| 346 | 171.093, Florida Statutes, as amended from time to time. |
| 347 | Section 14. Immunity from tort liability.-- |
| 348 | (1) The district and its officers, agents, and employees |
| 349 | shall have the same immunity from tort liability as other |
| 350 | agencies and subdivisions of the state. The provisions of |
| 351 | chapter 768, Florida Statutes, as from time to time amended, |
| 352 | shall apply to all claims asserted against the district. |
| 353 | (2) The district commissioners and all officers, agents, |
| 354 | and employees of the district shall have the same immunity and |
| 355 | exemption from personal liability as is provided by general law |
| 356 | of the state for state, county, and municipal officers. |
| 357 | (3) The district shall defend all claims against the |
| 358 | commissioners, officers, agents, and employees which arise |
| 359 | within the scope of employment or purposes of the district and |
| 360 | shall pay all judgments against said persons, except where said |
| 361 | persons acted in bad faith or with malicious purpose or in a |
| 362 | manner exhibiting wanton and willful disregard of human rights, |
| 363 | safety, or property. |
| 364 | Section 15. District expansion; merger; dissolution.--The |
| 365 | district boundaries may be modified, extended, or enlarged as |
| 366 | follows: |
| 367 | (1) Lands may be added or deleted from the district only |
| 368 | by special act of the Legislature, subject to a referendum vote. |
| 369 | Lands added to the district shall also require a board |
| 370 | resolution approving the addition of lands to the district. The |
| 371 | addition or deletion of lands may be effective only upon an |
| 372 | affirmative majority vote of the electors in the lands to be |
| 373 | included or deleted in the district. |
| 374 | (2) The merger of the district with all or portions of |
| 375 | another independent special district or dependent fire district |
| 376 | is effective only upon ratification by the Legislature. The |
| 377 | district may not, solely by merger with another governmental |
| 378 | entity, increase ad valorem taxes on property within the |
| 379 | original limits of the district beyond the maximum established |
| 380 | by chapter 191, Florida Statutes, unless approved by the |
| 381 | electors of the district by referendum. |
| 382 | (3) The district may only be dissolved by special act of |
| 383 | the Legislature, subject to referendum vote of the electors of |
| 384 | the district, which may be conducted by mail ballot. If |
| 385 | legislative dissolution of a district is proposed in order to |
| 386 | consolidate fire services under a county or municipal |
| 387 | government, the county or municipality shall prepare a report |
| 388 | setting forth the plans for merger, and the report shall address |
| 389 | the following factors in evaluating the proposed merger: |
| 390 | (a) Whether, in light of independent fiscal analysis, |
| 391 | level-of-service implications, and other public policy |
| 392 | considerations, the proposed merger is the best alternative for |
| 393 | delivering fire services and facilities to the affected area. |
| 394 | (b) Whether the fire services and facilities to be |
| 395 | provided pursuant to the merger will be compatible with the |
| 396 | capacity and uses of existing local services and facilities. |
| 397 | (c) Whether the merger is consistent with the applicable |
| 398 | provisions of the state comprehensive plan, the strategic |
| 399 | regional policy plan, and the local government comprehensive |
| 400 | policy plans of the affected area. |
| 401 | (d) Whether the proposed merger adequately provides for |
| 402 | the assumption of all indebtedness. |
| 403 | Section 4. This act shall be construed as remedial and |
| 404 | shall be liberally construed to promote the purpose for which it |
| 405 | is intended. |
| 406 | Section 5. In the event that any part of this act should |
| 407 | be held void for any reason, such holding shall not affect any |
| 408 | other part thereof. |
| 409 | Section 6. Chapters 22372 (1943), 23382 (1945), 57-1514, |
| 410 | 69-1239, 73-533, 74-523, 75-419, and 79-500, Laws of Florida, |
| 411 | are repealed. |
| 412 | Section 7. Paragraph (a) of subsection (1) of section 5 of |
| 413 | chapter 97-340, Laws of Florida, is amended to read: |
| 414 | Section 5. District boards of commissioners; membership, |
| 415 | officers, meetings.-- |
| 416 | (1)(a) The business affairs of each district shall be |
| 417 | conducted and administered by a five-member board, except that |
| 418 | Captiva Fire Control District, Boca Grande Fire Control |
| 419 | District, and Sanibel Fire Control District shall remain |
| 420 | governed by three-member boards. The board seats shall be |
| 421 | designated seats 1, 2, and 3 in the case of the three-member |
| 422 | boards and seats 1, 2, 3, 4, and 5 for all five-member boards. |
| 423 | Board elections shall be staggered with no more than two members |
| 424 | of a three-member board or three members of a five-member board |
| 425 | elected during an election year. The board shall be elected in |
| 426 | nonpartisan elections by the electors of the district. Such |
| 427 | elections shall be held at the time and in the manner prescribed |
| 428 | by law for holding general elections in accordance with s. |
| 429 | 189.405(2)(a) and (3), Florida Statutes, and each member shall |
| 430 | be elected for a term of 4 years except as provided herein and |
| 431 | serve until a successor assumes office. Candidates for the board |
| 432 | of a district shall qualify for a specified seat with the county |
| 433 | supervisor of elections. Such candidates may qualify by paying a |
| 434 | filing fee of $25 or by obtaining the signatures of at least 25 |
| 435 | registered electors of the district on petition forms provided |
| 436 | by the supervisor of elections which petitions shall be |
| 437 | submitted and checked in the same manner as petitions filed by |
| 438 | nonpartisan judicial candidates pursuant to s. 105.035, Florida |
| 439 | Statutes. |
| 440 | Section 8. Section 1 of chapter 87-447, Laws of Florida, |
| 441 | is repealed. |
| 442 | Section 9. Sections 4, 5, and 6 of chapter 87-447, Laws of |
| 443 | Florida, are amended to read: |
| 444 | Section 4. Any special or general law to the contrary |
| 445 | notwithstanding, the provisions of chapter 81-414, Laws of |
| 446 | Florida, prescribing uniform regulations for elections, |
| 447 | qualification of candidates, and filling of vacancies for |
| 448 | certain special districts in Lee County shall also apply to the |
| 449 | Boca Grande Fire Control District, chapter 22372, Laws of |
| 450 | Florida; Captiva Island Fire Control District, chapter 30929, |
| 451 | Laws of Florida,; and North Fort Myers Fire Control District, |
| 452 | chapter 30925, Laws of Florida. |
| 453 | Section 5. For the purpose of implementing the provisions |
| 454 | of ss. 1-4, each member of the Boca Grande Fire Control Board, |
| 455 | the Captiva Island Fire Control Board, and the North Fort Myers |
| 456 | Fire Control Board, or a person appointed to fill a vacancy, |
| 457 | shall continue to hold that office until the expiration of the |
| 458 | present term and thereafter until an election is held pursuant |
| 459 | to the provisions of chapter 81-414, Laws of Florida, at which |
| 460 | election the office will be filled. |
| 461 | Section 6. Notwithstanding any provision of general or |
| 462 | special law to the contrary, any board member of any of the |
| 463 | following districts may be removed from office pursuant to |
| 464 | recall election: Alva Fire Protection and Rescue Service |
| 465 | District, Bayshore Fire Protection and Rescue Service District, |
| 466 | Boca Grande Fire Control District, Bonita Springs Fire Control |
| 467 | and Rescue District, Captiva Island Fire Control District, |
| 468 | Estero Fire Protection and Rescue Service District, Fort Myers |
| 469 | Beach Fire Control District, Fort Myers Shores Fire Protection |
| 470 | and Rescue Service District, Iona-McGregor Fire Protection and |
| 471 | Rescue Service District, Lehigh Acres Fire Control and Rescue |
| 472 | District, Matlacha-Pine Island Fire Control District, North Fort |
| 473 | Myers Fire Control District, San Carlos Park Fire Protection and |
| 474 | Rescue Service District, Sanibel Island Fire Control District, |
| 475 | South Trail Fire Protection and Rescue Service District, and |
| 476 | Tice Fire Protection and Rescue Service District. The procedure |
| 477 | for conducting a recall election shall be the same as for |
| 478 | conducting a municipal recall election pursuant to s. 100.361, |
| 479 | Florida Statutes. |
| 480 | Section 10. This act shall take effect upon becoming a |
| 481 | law. |