1 | The Committee on Local Government & Veterans' Affairs recommends |
2 | the following: |
3 |
|
4 | Committee Substitute |
5 | Remove the entire bill and insert: |
6 | A bill to be entitled |
7 | An act relating to Trailer Estates Fire Control District, |
8 | Manatee County; amending, codifying, reenacting, and |
9 | repealing special acts relating to the district; providing |
10 | boundaries of the district; providing for a board of |
11 | commissioners; providing for election and organization of |
12 | the board; providing powers and duties of the board; |
13 | providing for a special assessment; providing powers and |
14 | duties of the district; requiring a financial statement |
15 | and budget; providing definitions; requiring a record of |
16 | meetings of the board; providing for filling vacancies; |
17 | providing for bonds; providing for severability; amending |
18 | chapter 93-352, Laws of Florida, to remove a reference; |
19 | providing an effective date. |
20 |
|
21 | Be It Enacted by the Legislature of the State of Florida: |
22 |
|
23 | Section 1. Pursuant to section 191.015, Florida Statutes, |
24 | this act constitutes the codification of all special acts |
25 | relating to the Trailer Estates Fire Control District. It is the |
26 | intent of the Legislature in enacting this law to provide a |
27 | single, comprehensive special act charter for the district, |
28 | including all current legislative authority granted to the |
29 | district by its several legislative enactments and any |
30 | additional authority granted by this act. It is further the |
31 | intent of this act to preserve all district authority, including |
32 | the authority to annually assess and levy against each taxable |
33 | property in the district a special assessment not to exceed $75. |
34 | Section 2. Chapters 63-1587, 65-1894, 65-1895, 72-613, 80- |
35 | 534, 82-323, 84-473, 94-373, and 95-503, Laws of Florida, are |
36 | codified, amended, reenacted, and repealed as provided herein. |
37 | Section 3. The Trailer Estates Fire Control District is |
38 | re-created and the charter for the district is re-created and |
39 | reenacted to read: |
40 | Section 1. Upon this act becoming a law, all of the lands |
41 | in Manatee County, hereinafter described, became and were |
42 | incorporated into and as a special fire control district, being |
43 | an independent special taxing district, a political subdivision |
44 | of the state, and having the powers and duties herein set forth, |
45 | under the name ?Trailer Estates Fire Control District.? |
46 | Section 2. The lands so incorporated being described as |
47 | follows: |
48 | (a) Trailer Estates Subdivision as recorded in |
49 | Plat Book 8, Page 138, of the Public Records of |
50 | Manatee County, Florida. |
51 | (b) First Addition to Trailer Estates |
52 | Subdivision as recorded in Plat Book 9, Page 71, of |
53 | the Public Records of Manatee County, Florida. |
54 | (c) Second Addition to Trailer Estates |
55 | Subdivision as recorded in Plat Book 9, Page 61, of |
56 | the Public Records of Manatee County, Florida. |
57 | (d) Third Addition to Trailer Estates |
58 | Subdivision as recorded in Plat Book 10, Page 69, of |
59 | the Public Records of Manatee County, Florida. |
60 | (e) Fourth Addition to Trailer Estates |
61 | Subdivision as recorded in Plat Book 11, Page 66, of |
62 | the Public Records of Manatee County, Florida. |
63 | (f) Fifth Addition to Trailer Estates |
64 | Subdivision as recorded in Plat Book 12, Page 55, of |
65 | the Public Records of Manatee County, Florida. |
66 | (g) The SW 1/4 of the SE 1/4 of the SE 1/4 of |
67 | Section 22, Twp. 35 S., Rge. 17 E.; LESS: Land |
68 | Described in Deed Book 380, Page 451, Official Records |
69 | Book 208, Page 156 & 157, Official Records Book 240, |
70 | Pages 167 & 168, all of the Public Records of Manatee |
71 | County, Florida; ALSO LESS: The South 133 feet and |
72 | the East 290 feet of said SW 1/4 of the SE 1/4 of the |
73 | SE 1/4. |
74 | (h) A tract of land in the SW 1/4 of the SE 1/4 |
75 | of the SE 1/4 of Section 22, Twp. 35 S., Rge. 17 E., |
76 | of Manatee County, Florida, more particularly |
77 | described as follows: From the NW corner of said SW |
78 | 1/4 of the SE 1/4 of the SE 1/4 of Section 22, run S. |
79 | 88 degrees 30? East along the North line of said SW |
80 | 1/4 of the SE 1/4 of the SE 1/4, 14.74 feet; thence |
81 | run S. 1 degree 48? West, 100 feet for a Point of |
82 | Beginning; thence run S. 88 degrees 30? East, 130 feet |
83 | to a point; thence run S. 1 degree 48? West, 50 feet |
84 | to a point; thence run N. 88 degrees 30? West, 130 |
85 | feet to a point; thence run N. 1 degree 48? East, 50 |
86 | feet to the Point of Beginning. |
87 | (i) A tract of land in the SW 1/4 of the SE 1/4 |
88 | of the SE 1/4 of Section 22, Twp. 35 S., Rge. 17 E., |
89 | of Manatee County, Florida, more particularly |
90 | described as follows: From the NW corner of said SW |
91 | 1/4 of the SE 1/4 of the SE 1/4 of Section 22, run S. |
92 | 88 degrees 30? East along the North line of said SW |
93 | 1/4 of the SE 1/4 of the SE 1/4, 14.74 feet; thence |
94 | run S. 1 degree 48? West, 150 feet for a Point of |
95 | Beginning; thence run S. 88 degrees 30? East, 130 feet |
96 | to a point; thence run S. 1 degree 48? West, 50 feet |
97 | to a point; thence run N. 88 degrees 30? West, 130 |
98 | feet to a point; thence run N. 1 degree 48? East, 50 |
99 | feet to the Point of Beginning. |
100 | (j) A tract of land in the SW 1/4 of the SE 1/4 |
101 | of the SE 1/4 of Section 22, Twp. 35 S., Rge. 17 E., |
102 | of Manatee County, Florida, more particularly |
103 | described as follows: From the NW corner of said SW |
104 | 1/4 of the SE 1/4 of the SE 1/4 of Section 22, run S. |
105 | 88 degrees 30? East along the North line of said SW |
106 | 1/4 of the SE 1/4 of the SE 1/4, 14.74 feet; thence |
107 | run S. 1 degree 48? West, 200 feet for a Point of |
108 | Beginning; thence run S. 88 degrees 30? East, 130 feet |
109 | to a point; thence run S. 1 degree 48? West, 50 feet |
110 | to a point; thence run N. 88 degrees 30? West, 130 |
111 | feet to a point; thence run N. 1 degree 48? East, 50 |
112 | feet to the Point of Beginning. |
113 | (k) A tract of land in the SW 1/4 of the SE 1/4 |
114 | of the SE 1/4 of Section 22, Twp. 35 S., Rge. 17 E., |
115 | of Manatee County, Florida, more particularly |
116 | described as follows: From the NW corner of said SW |
117 | 1/4 of the SE 1/4 of the SE 1/4 of Section 22, run S. |
118 | 88 degrees 30? East along the North line of said SW |
119 | 1/4 of the SE 1/4 of the SE 1/4, 14.74 feet to the |
120 | East Right-of-Way of American Way (as per plat of |
121 | Trailer Estates, Third Addition, as recorded in Plat |
122 | Book 10, Page 69, of the Public Records of Manatee |
123 | County, Florida); thence run S. 1 degree 48? West, 270 |
124 | feet for a Point of Beginning; thence run S. 88 |
125 | degrees 30? East, 130 feet to a point; thence run S. 1 |
126 | degree 48? West, 100 feet to a point; thence run N. 88 |
127 | degrees 30? West, 130 feet to a point on the East |
128 | Right-of-Way of said American Way; thence run N. 1 |
129 | degree 48? East along the East Right-of-Way of said |
130 | American Way, 100 feet to the Point of Beginning. |
131 | (l) A tract of land in the SW 1/4 of the SE 1/4 |
132 | of the SE 1/4 of Section 22, Twp. 35 S., Rge. 17 E., |
133 | of Manatee County, Florida, more particularly |
134 | described as follows: From the NW corner of said SW |
135 | 1/4 of the SE 1/4 of the SE 1/4 of Section 22, run S. |
136 | 88 degrees 30? East along the North line of said SW |
137 | 1/4 of the SE 1/4 of the SE 1/4, 14.74 feet; thence |
138 | run S. 1 degree 48? West, 250 feet for a Point of |
139 | Beginning; thence run S. 88 degrees 30? East, 130 feet |
140 | to a point; thence run S. 1 degree 48? West, 20 feet |
141 | to a point; thence run N. 88 degrees 30? West, 130 |
142 | feet to a point; thence run N. 1 degree 48? East, 20 |
143 | feet to the Point of Beginning. |
144 |
|
145 | Section 3. The business and affairs of said district shall |
146 | be conducted and administered by a board of five commissioners, |
147 | hereinafter referred to as the ?commissioners,? who shall |
148 | organize in January of each year by electing from their number a |
149 | chair, a vice chair, a secretary, and a treasurer. The positions |
150 | of secretary and treasurer may be held by one commissioner. The |
151 | meeting at which the commissioners elect the officers shall be |
152 | called the ?organizational meeting.? Said commissioners shall |
153 | not receive any compensation for their services, but the |
154 | secretary and treasurer may receive a salary not to exceed $300 |
155 | per annum from the funds of said district for said officers' |
156 | services as secretary and/or treasurer. Each commissioner shall, |
157 | before said commissioner enters upon such duties, execute to the |
158 | Governor, for the benefit of said district, a good and |
159 | sufficient surety bond in the sum of $5,000 with a qualified |
160 | corporate surety conditioned to faithfully perform the duties of |
161 | commissioner and to account for all funds which may come into |
162 | his or her hands as a commissioner. All premiums for such surety |
163 | on all bonds shall be paid from the funds of said district. Each |
164 | member shall, upon assuming office, take and subscribe to the |
165 | oath of office prescribed by s. 5(b), Art. II of the State |
166 | Constitution and section 876.05, Florida Statutes. |
167 | Section 4. All district elections shall be conducted and |
168 | supervised by the Supervisor of Elections of Manatee County, |
169 | under the rules governing general elections in the County of |
170 | Manatee, except as may otherwise be provided herein. All |
171 | elections shall be held at the Trailer Estates Recreation Hall |
172 | in the district. Any registered voter residing in the district |
173 | may vote in a district election. Application for absentee |
174 | ballots may be requested from the Supervisor of Elections of |
175 | Manatee County within 1 year prior to each election, and shall |
176 | be counted once returned to the Supervisor of Elections? office |
177 | by 7:00 p.m. on the day of each election pursuant to the Florida |
178 | Election Code. All election ballots shall be prepared by the |
179 | Supervisor of Elections of Manatee County. The commissioners |
180 | shall be elected in nonpartisan elections. A person desiring to |
181 | have his or her name placed on the ballot for election as a |
182 | commissioner of the district shall be a freeholder and qualified |
183 | elector residing within the district, as certified by the county |
184 | property appraiser and the supervisor of elections of said |
185 | county to be a freeholder and qualified elector according to the |
186 | respective official records of such officers, and shall pay a |
187 | filing fee of $25 or, in the alternative, the person may qualify |
188 | by obtaining the signatures of at least 25 registered electors |
189 | of the district on petition forms provided by the supervisor of |
190 | elections, which petitions shall be submitted and checked in the |
191 | same manner as petitions filed by nonpartisan judicial |
192 | candidates pursuant to section 105.035, Florida Statutes. Notice |
193 | of said election setting forth the names of the persons proposed |
194 | as commissioners of the district shall be in writing and posted |
195 | at the principal office of the district not less than 15 days |
196 | before the date of each election. Notwithstanding the provisions |
197 | of section 101.20, Florida Statutes, the publication of a sample |
198 | ballot is not required. The Supervisor of Elections of Manatee |
199 | County shall appoint inspectors and clerks for the election |
200 | whose duties shall be the same as similar officers in general |
201 | elections, except as herein stated. Said election may be by |
202 | ballot or by other electronic or electromechanical voting |
203 | system, and if by ballot the same shall be written or printed in |
204 | black ink on plain paper and shall be substantially in the |
205 | following form: |
206 | Board of Commissioners of the Trailer Estates Fire Control |
207 | District |
208 | (stating their names) |
209 |
|
210 | ,and if by other electronic or electromechanical voting system |
211 | the requirements for the ballot herein described shall be |
212 | adapted to the use of such voting system. Election of |
213 | commissioners shall be held bi-annually on the second Tuesday of |
214 | November or, in the alternative, on another Tuesday in November, |
215 | in even years, in conjunction with any other special, primary, |
216 | or general election to be conducted by the supervisor of |
217 | elections, by electing two commissioners in 2004 and three |
218 | commissioners in 2006 for 4-year terms. In the November 2004 |
219 | election, Seats #2 and #4 shall be filled. In the November 2006 |
220 | election, Seats #1, #3, and #5 shall be filled. Commissioners |
221 | may succeed themselves in office. The term of newly elected |
222 | commissioners shall commence on the first Tuesday of January |
223 | following the election. Commissioners shall serve until their |
224 | successors assume office, except as otherwise provided herein. |
225 | The commissioners whose seats are filled pursuant to the |
226 | commissioners? election in November 2000 (Seats #2 and #4) shall |
227 | serve until their successors assume office following the |
228 | November 2004 commissioners? election. The commissioners whose |
229 | seats are filled pursuant to the commissioners? election in |
230 | November 2002 (Seats #1, #3, and #5) shall serve until their |
231 | successors assume office following the November 2006 |
232 | commissioners? election. Each commissioner must be a qualified |
233 | elector at the time he or she qualifies and continually |
234 | throughout his or her term. |
235 | Section 5. The Supervisor of Elections of Manatee County |
236 | shall canvass the returns of elections and shall announce the |
237 | result thereof no later than the day following the election. The |
238 | expenses of the supervisor of elections for conducting each |
239 | election shall be paid out of general funds of the district. |
240 | Section 6. All vacancies occurring in the board of |
241 | commissioners from any cause shall be filled by the remaining |
242 | commissioners by the appointment of a successor commissioner or |
243 | commissioners from among the registered voters residing in the |
244 | district who are freeholders within said district. An appointed |
245 | commissioner shall serve until the next commissioners? election, |
246 | at which time an election shall be held to fill the vacancy for |
247 | the remaining term, if any. Any commissioner failing to |
248 | discharge the duties of his or her position may be removed for |
249 | cause by the board of commissioners, after due notice and an |
250 | opportunity to be heard upon charges of malfeasance or |
251 | misfeasance. |
252 | Section 7. |
253 | (1) The district shall have the right, power, and |
254 | authority to levy special assessments against taxable real |
255 | estate lying within its territorial bounds in order to provide |
256 | funds for the purposes of the district. The rate of such |
257 | assessments shall be fixed by a resolution of the board of |
258 | commissioners, as hereinafter provided, but shall in no event |
259 | exceed the sum of $50 per annum on business firms and buildings, |
260 | $75 per annum on homes, $0.50 per lot on vacant lots, and $0.50 |
261 | per acre or fraction thereof on unsubdivided acreage. Apartment |
262 | buildings and tourist courts are to be construed as business |
263 | buildings; provided, however, there shall be an additional |
264 | assessment of $0.50 for each rental unit. Trailers and mobile |
265 | homes with or without cabanas, carports, or utility rooms shall |
266 | be construed as homes. |
267 | (2) The county property appraiser shall furnish the |
268 | commissioners with a tax roll covering all taxable properties |
269 | within the territorial limits of said district upon which roll |
270 | said commissioners will place the levy for each parcel of |
271 | property shown thereon on or before the first day of June of |
272 | each year and any property owner in said district shall have the |
273 | right during the period between the tenth day of June and the |
274 | twentieth day of June of each year to file written protest of |
275 | the proposed assessments and the amount or rate thereof, and to |
276 | appear before the board in support of such protest; and the |
277 | board shall hold a meeting or meetings during said period to |
278 | consider and act upon any such protests. |
279 | (3) Immediately after the expiration of the period last |
280 | mentioned, the board of commissioners shall adopt a resolution |
281 | fixing the rates of assessment and shall return the said tax |
282 | roll to the county property appraiser, having first noted |
283 | thereon the levy against each parcel of property described |
284 | thereon, on or before the first day of July of each year. The |
285 | county property appraiser shall then include in the Manatee |
286 | County tax roll the assessments thus made by the Board of |
287 | Commissioners of the Trailer Estates Fire Control District and |
288 | the same shall be collected in the manner and form as is |
289 | provided for the collection of county taxes and paid over by the |
290 | county tax collector to the board of commissioners in the manner |
291 | and form as is provided for the disbursement of county taxes. |
292 | The county tax collector and the county property appraiser shall |
293 | receive commissions and fees for assessing and collecting such |
294 | assessments, of one and one-half percent to the tax collector |
295 | and one and one-half percent to the property appraiser, instead |
296 | of the same commissions and fees usually earned for the |
297 | assessment and collection of county taxes. Further, the services |
298 | of the property appraiser and the tax collector under this act |
299 | are hereby declared to be special services performed directly |
300 | for the district, and any payment therefor shall not be personal |
301 | income of such official but shall be income to said official?s |
302 | office. |
303 | Section 8. Such special assessments shall be a lien upon |
304 | the land so assessed along with the county taxes assessed |
305 | against the same until said assessments and taxes have been |
306 | paid, and if the same become delinquent, shall be considered a |
307 | part of the county tax, subject to the same penalties, charges, |
308 | fees, and remedies for enforcement and collection as provided by |
309 | the laws of the state for the collection of such taxes. |
310 | Section 9. The proceeds of said assessments and the funds |
311 | of the district shall be deposited in the name of the district |
312 | in a qualified public depository as defined by Florida law, |
313 | which depository shall be designated by resolution of the Board |
314 | of Commissioners. No funds of the district shall be disbursed |
315 | save and except by check or draft signed by any two |
316 | commissioners. |
317 | Section 10. The fiscal year of the district shall commence |
318 | October 1 of each year and end on September 30 of the following |
319 | year. The commissioners shall, on or before April 1 of each |
320 | year, prepare an annual financial statement of income and |
321 | disbursements during the prior fiscal year. On or before |
322 | September 1 of each year, the commissioners shall prepare and |
323 | adopt an itemized budget showing the amount of money necessary |
324 | for the operation of the district for the next fiscal year, and |
325 | the district assessment to be assessed and collected upon the |
326 | taxable property of the district for the next ensuing year. A |
327 | copy of the annual financial statement and a copy of the budget |
328 | shall be made available for public inspection at the principal |
329 | office of the district at reasonable hours. |
330 | Section 11. The district may acquire and hold real and |
331 | personal property, sue and be sued, enter into contracts, and |
332 | perform other functions necessary or desirable to the carrying |
333 | out of the provisions and intent of this act. No debt shall be |
334 | created without the approval of the board of commissioners. |
335 | Section 12. The board of commissioners shall have the |
336 | power and authority to borrow money for the purposes of the |
337 | district in an amount not to exceed 50 percent of the total tax |
338 | assessment of the year when such borrowing is done, provided, |
339 | however, that the total accumulative debt of the district shall |
340 | never exceed 50 percent of the total special assessment in any 1 |
341 | year. Neither the district commissioners as a body nor any one |
342 | of them as an individual shall be personally or individually |
343 | liable for the repayment of such loan, such repayment shall be |
344 | made out of tax receipts of the district. Except as provided in |
345 | this paragraph, the district commissioners shall not create any |
346 | indebtedness or incur obligations for any sum or amount which |
347 | the commissioners are unable to repay out of district funds then |
348 | in their hands, provided, that the district commissioners may |
349 | make purchases of equipment together with funds for the erection |
350 | or improvement of a fire station and/or ancillary structures of |
351 | the district on an installment basis as necessary if funds are |
352 | available for the payment of the current year?s installment on |
353 | such equipment or building loan plus the amount due in that year |
354 | on any other installments and/or the repayment of any bank loan |
355 | or other existing indebtedness which may be due that year. |
356 | Section 13. No funds of said district shall be used for |
357 | any purposes other than the administration of the affairs and |
358 | business of the district; the protection and preservation of |
359 | life and property; the prevention and elimination of fires; the |
360 | construction, care, maintenance, upkeep, operation, and purchase |
361 | of fire fighting and rescue equipment or a fire station and any |
362 | ancillary structures; installation of fire hydrants; payments of |
363 | public utilities such as electric lights and water; and payments |
364 | of salaries of a fire marshal and one or more firefighters as |
365 | the board of commissioners may from time to time determine to be |
366 | for the best interests of the district. |
367 | Section 14. The board of commissioners shall have the |
368 | power and the authority to buy, sell, trade, rent, or lease real |
369 | and personal property or otherwise dispose of surplus real or |
370 | personal property in the name of the district; to deliver |
371 | purchase money notes and mortgages or to assume the obligation |
372 | of existing mortgages in connection with the acquisition of |
373 | property of the district; to mortgage real and personal property |
374 | when necessary to carry out the district?s duties and authority |
375 | under this act; to receive gifts of real or personal property; |
376 | and to acquire by gift or purchase a fire station and station |
377 | site and such fire fighting and rescue equipment as is deemed |
378 | necessary for the protection of said district. The board of |
379 | commissioners shall have the power to cooperate or contract with |
380 | other persons or entities, including other governmental |
381 | agencies, as necessary, convenient, incidental, or proper in |
382 | connection with providing effective mutual aid and furthering |
383 | any power, duty, or purpose authorized hereunder. |
384 | Section 15. |
385 | (1) The members of the board of commissioners shall have |
386 | the duties usually pertaining to, vested in, and incumbent upon |
387 | like officers. A record shall be kept of all meetings of the |
388 | board of commissioners, and in such meetings concurrence of a |
389 | majority of said commissioners shall be necessary to any |
390 | affirmative action taken by the board. The board of |
391 | commissioners shall keep a permanent record book in which the |
392 | minutes of all meetings, resolutions, proceedings, certificates, |
393 | bonds given by commissioners, and corporate acts shall be |
394 | recorded. The record book shall be open to inspection in the |
395 | same manner as state, county, and municipal records are open |
396 | under Florida law. The record book shall be kept at the |
397 | principal office of the district. |
398 | (2) The board of commissioners may adopt such bylaws and |
399 | rules and regulations not inconsistent with any portion of this |
400 | act, as it may deem necessary in and about the transaction of |
401 | its business and in carrying out the provisions of this act. |
402 | (3) The board of commissioners shall have the right, |
403 | power, and authority to employ by written contract the services |
404 | of a technical advisor who is thoroughly familiar with the |
405 | details and operations of a fire control district for any and |
406 | all such technical advice as may be necessary to make the fire |
407 | control district operative in accordance with this act, and fees |
408 | for such services shall be payable from the funds of the said |
409 | fire control district. The board of commissioners is hereby |
410 | authorized to employ and to enter into agreements or contracts |
411 | with consultants, engineers, attorneys, and fiscal, financial, |
412 | or other experts to perform planning, engineering, legal, |
413 | financial, or other professional services for the district, or |
414 | any asset thereof, upon such terms and conditions as the |
415 | commissioners shall deem desirable and proper. |
416 | Section 16. |
417 | (1) The board of commissioners of said district may |
418 | appoint a fire marshal, who shall be a person experienced in all |
419 | types of fire fighting and fire prevention and who shall work |
420 | with and cooperate with the Florida State Forestry Service in |
421 | which the district is situated, in the prevention of fires of |
422 | all types. |
423 | (2) Said fire marshal shall be required to inspect all |
424 | places of business, apartment houses, hotels, motels, and other |
425 | buildings within the territorial limits of the district wherein |
426 | large groups of people might congregate to determine that such |
427 | places have proper fire extinguishers and fire escapes, at least |
428 | two times each year, and shall submit a report on same to the |
429 | board of commissioners. |
430 | Section 17. The special fire control district shall exist |
431 | until dissolved by law. Should any part of the territory covered |
432 | in this act be held not to be included herein, then this act |
433 | shall continue in effect as to the balance of the said |
434 | territory. The district may be abolished by a majority vote of |
435 | the registered voters residing in the district at an election |
436 | called by the board of commissioners for such purpose, which |
437 | election shall be held and notice thereof given under the same |
438 | requirements as are set forth hereunder for the election of |
439 | commissioners and the levying and collecting of the district |
440 | assessments. Provided that the district shall not be abolished |
441 | while it has outstanding indebtedness without first making |
442 | adequate provision for the liquidation of such outstanding |
443 | indebtedness and provided, further, that the real and personal |
444 | property of the district shall be conveyed or otherwise |
445 | transferred by gift by the board of commissioners to the Trailer |
446 | Estates Park and Recreation District, being a political |
447 | subdivision of the state. |
448 | Section 18. Commissioners not guilty of malfeasance in |
449 | office shall be relieved of any personal liability for any acts |
450 | done by them while holding office in the district; and any |
451 | commissioner who is made a party to any action, suit, or |
452 | proceeding solely by reason of holding office in the district |
453 | shall be indemnified by the district against reasonable |
454 | expenses, including attorneys? fees, incurred by said |
455 | commissioner in defending such suit, action, or proceeding, |
456 | except with respect to matters wherein it shall be adjudged in |
457 | such proceeding that such commissioner is liable for negligence |
458 | or misconduct in the performance of the commissioner?s duties. |
459 | Section 19. No suit, action, or proceeding shall be |
460 | instituted or maintained in any court against said district or |
461 | the commissioners, or any commissioner thereof, for or upon any |
462 | claim, right, or demand of any kind or nature, unless the person |
463 | or persons making such claim or demand or claiming such right |
464 | shall have within 30 days after the alleged accrual of such |
465 | claim, right, or demand, given to the commissioners, or one of |
466 | them, a notice in writing setting forth the nature of the right, |
467 | claim, or demand, the amount thereof, the place and manner in |
468 | which such claim or right accrued, together with the names and |
469 | addresses of all witnesses by whom such claims, rights, or |
470 | demands are to be proved or established, all with sufficient |
471 | detail to enable the district and the commissioners to fully |
472 | investigate such claim, right, or demand; and no suit, action, |
473 | or proceeding or any such demand shall be instituted within 3 |
474 | months after such notice shall be given. |
475 | Section 20. The word ?district? shall mean the special |
476 | fire control district hereby organized; the words ?board? and |
477 | ?board of commissioners? shall mean the board of commissioners |
478 | of and for the special fire control district hereby created when |
479 | used in this act, unless otherwise specified. |
480 | Section 21. If any clause, section, or provision of this |
481 | act shall be declared to be unconstitutional or invalid for any |
482 | cause or reason, the same shall be eliminated from this act, and |
483 | the remaining portion of said act shall be in force and effect |
484 | and be as valid as if such invalid portion thereof had not been |
485 | incorporated therein. |
486 | Section 22. This provisions of this act shall be liberally |
487 | construed in order to effectively carry out the purposes of this |
488 | act in the interest of the public. |
489 | Section 4. Paragraph (a) of subsection (1) of chapter 93- |
490 | 352, Laws of Florida, is amended to read: |
491 | (1)(a) The business affairs of the Cedar Hammock Fire |
492 | Control District, Parrish Fire Control District, Southern |
493 | Manatee Fire and Rescue District, Trailer Estates Fire Control |
494 | District, Westside Fire Control District, and Whitfield Fire |
495 | Control District in Manatee County shall be conducted and |
496 | administered by a five-member board that is elected by the |
497 | electors of the respective districts in nonpartisan elections |
498 | held at the time and in the manner prescribed for holding |
499 | general elections in section 189.405(2)(a), Florida Statutes. |
500 | Each member shall be elected for a term of 4 years and shall |
501 | serve until his successor is chosen and qualified, except that |
502 | members elected to seats 2 and 4 in the first election held |
503 | after the effective date of this act shall be elected for a term |
504 | of 2 years. |
505 | Section 5. Chapters 63-1587, 65-1894, 65-1895, 72-613, 80- |
506 | 534, 82-323, 84-473, 94-373, and 95-503, Laws of Florida, are |
507 | repealed. |
508 | Section 6. This act shall take effect upon becoming a law. |