HB 0381CS

CHAMBER ACTION




1The Committee on Local Government & Veterans' Affairs recommends
2the following:
3
4     Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to Trailer Estates Fire Control District,
8Manatee County; amending, codifying, reenacting, and
9repealing special acts relating to the district; providing
10boundaries of the district; providing for a board of
11commissioners; providing for election and organization of
12the board; providing powers and duties of the board;
13providing for a special assessment; providing powers and
14duties of the district; requiring a financial statement
15and budget; providing definitions; requiring a record of
16meetings of the board; providing for filling vacancies;
17providing for bonds; providing for severability; amending
18chapter 93-352, Laws of Florida, to remove a reference;
19providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Pursuant to section 191.015, Florida Statutes,
24this act constitutes the codification of all special acts
25relating to the Trailer Estates Fire Control District. It is the
26intent of the Legislature in enacting this law to provide a
27single, comprehensive special act charter for the district,
28including all current legislative authority granted to the
29district by its several legislative enactments and any
30additional authority granted by this act. It is further the
31intent of this act to preserve all district authority, including
32the authority to annually assess and levy against each taxable
33property in the district a special assessment not to exceed $75.
34     Section 2.  Chapters 63-1587, 65-1894, 65-1895, 72-613, 80-
35534, 82-323, 84-473, 94-373, and 95-503, Laws of Florida, are
36codified, amended, reenacted, and repealed as provided herein.
37     Section 3.  The Trailer Estates Fire Control District is
38re-created and the charter for the district is re-created and
39reenacted to read:
40     Section 1.  Upon this act becoming a law, all of the lands
41in Manatee County, hereinafter described, became and were
42incorporated into and as a special fire control district, being
43an independent special taxing district, a political subdivision
44of the state, and having the powers and duties herein set forth,
45under the name ?Trailer Estates Fire Control District.?
46     Section 2.  The lands so incorporated being described as
47follows:
48     (a)  Trailer Estates Subdivision as recorded in
49Plat Book 8, Page 138, of the Public Records of
50Manatee County, Florida.
51     (b)  First Addition to Trailer Estates
52Subdivision as recorded in Plat Book 9, Page 71, of
53the Public Records of Manatee County, Florida.
54     (c)  Second Addition to Trailer Estates
55Subdivision as recorded in Plat Book 9, Page 61, of
56the Public Records of Manatee County, Florida.
57     (d)  Third Addition to Trailer Estates
58Subdivision as recorded in Plat Book 10, Page 69, of
59the Public Records of Manatee County, Florida.
60     (e)  Fourth Addition to Trailer Estates
61Subdivision as recorded in Plat Book 11, Page 66, of
62the Public Records of Manatee County, Florida.
63     (f)  Fifth Addition to Trailer Estates
64Subdivision as recorded in Plat Book 12, Page 55, of
65the Public Records of Manatee County, Florida.
66     (g)  The SW 1/4 of the SE 1/4 of the SE 1/4 of
67Section 22, Twp. 35 S., Rge. 17 E.; LESS:  Land
68Described in Deed Book 380, Page 451, Official Records
69Book 208, Page 156 & 157, Official Records Book 240,
70Pages 167 & 168, all of the Public Records of Manatee
71County, Florida;  ALSO LESS:  The South 133 feet and
72the East 290 feet of said SW 1/4 of the SE 1/4 of the
73SE 1/4.
74     (h)  A tract of land in the SW 1/4 of the SE 1/4
75of the SE 1/4 of Section 22, Twp. 35 S., Rge. 17 E.,
76of Manatee County, Florida, more particularly
77described as follows:  From the NW corner of said SW
781/4 of the SE 1/4 of the SE 1/4 of Section 22, run S.
7988 degrees 30? East along the North line of said SW
801/4 of the SE 1/4 of the SE 1/4, 14.74 feet; thence
81run S. 1 degree 48? West, 100 feet for a Point of
82Beginning; thence run S. 88 degrees 30? East, 130 feet
83to a point; thence run S. 1 degree 48? West, 50 feet
84to a point; thence run N. 88 degrees 30? West, 130
85feet to a point; thence run N. 1 degree 48? East, 50
86feet to the Point of Beginning.
87     (i)  A tract of land in the SW 1/4 of the SE 1/4
88of the SE 1/4 of Section 22, Twp. 35 S., Rge. 17 E.,
89of Manatee County, Florida, more particularly
90described as follows:  From the NW corner of said SW
911/4 of the SE 1/4 of the SE 1/4 of Section 22, run S.
9288 degrees 30? East along the North line of said SW
931/4 of the SE 1/4 of the SE 1/4, 14.74 feet; thence
94run S. 1 degree 48? West, 150 feet for a Point of
95Beginning; thence run S. 88 degrees 30? East, 130 feet
96to a point; thence run S. 1 degree 48? West, 50 feet
97to a point; thence run N. 88 degrees 30? West, 130
98feet to a point; thence run N. 1 degree 48? East, 50
99feet to the Point of Beginning.
100     (j)  A tract of land in the SW 1/4 of the SE 1/4
101of the SE 1/4 of Section 22, Twp. 35 S., Rge. 17 E.,
102of Manatee County, Florida, more particularly
103described as follows:  From the NW corner of said SW
1041/4 of the SE 1/4 of the SE 1/4 of Section 22, run S.
10588 degrees 30? East along the North line of said SW
1061/4 of the SE 1/4 of the SE 1/4, 14.74 feet; thence
107run S. 1 degree 48? West, 200 feet for a Point of
108Beginning; thence run S. 88 degrees 30? East, 130 feet
109to a point; thence run S. 1 degree 48? West, 50 feet
110to a point; thence run N. 88 degrees 30? West, 130
111feet to a point; thence run N. 1 degree 48? East, 50
112feet to the Point of Beginning.
113     (k)  A tract of land in the SW 1/4 of the SE 1/4
114of the SE 1/4 of Section 22, Twp. 35 S., Rge. 17 E.,
115of Manatee County, Florida, more particularly
116described as follows:  From the NW corner of said SW
1171/4 of the SE 1/4 of the SE 1/4 of Section 22, run S.
11888 degrees 30? East along the North line of said SW
1191/4 of the SE 1/4 of the SE 1/4, 14.74 feet to the
120East Right-of-Way of American Way (as per plat of
121Trailer Estates, Third Addition, as recorded in Plat
122Book 10, Page 69, of the Public Records of Manatee
123County, Florida); thence run S. 1 degree 48? West, 270
124feet for a Point of Beginning; thence run S. 88
125degrees 30? East, 130 feet to a point; thence run S. 1
126degree 48? West, 100 feet to a point; thence run N. 88
127degrees 30? West, 130 feet to a point on the East
128Right-of-Way of said American Way; thence run N. 1
129degree 48? East along the East Right-of-Way of said
130American Way, 100 feet to the Point of Beginning.
131     (l)  A tract of land in the SW 1/4 of the SE 1/4
132of the SE 1/4 of Section 22, Twp. 35 S., Rge. 17 E.,
133of Manatee County, Florida, more particularly
134described as follows:  From the NW corner of said SW
1351/4 of the SE 1/4 of the SE 1/4 of Section 22, run S.
13688 degrees 30? East along the North line of said SW
1371/4 of the SE 1/4 of the SE 1/4, 14.74 feet; thence
138run S. 1 degree 48? West, 250 feet for a Point of
139Beginning; thence run S. 88 degrees 30? East, 130 feet
140to a point; thence run S. 1 degree 48? West, 20 feet
141to a point; thence run N. 88 degrees 30? West, 130
142feet to a point; thence run N. 1 degree 48? East, 20
143feet to the Point of Beginning.
144
145     Section 3.  The business and affairs of said district shall
146be conducted and administered by a board of five commissioners,
147hereinafter referred to as the ?commissioners,? who shall
148organize in January of each year by electing from their number a
149chair, a vice chair, a secretary, and a treasurer. The positions
150of secretary and treasurer may be held by one commissioner. The
151meeting at which the commissioners elect the officers shall be
152called the ?organizational meeting.? Said commissioners shall
153not receive any compensation for their services, but the
154secretary and treasurer may receive a salary not to exceed $300
155per annum from the funds of said district for said officers'
156services as secretary and/or treasurer. Each commissioner shall,
157before said commissioner enters upon such duties, execute to the
158Governor, for the benefit of said district, a good and
159sufficient surety bond in the sum of $5,000 with a qualified
160corporate surety conditioned to faithfully perform the duties of
161commissioner and to account for all funds which may come into
162his or her hands as a commissioner. All premiums for such surety
163on all bonds shall be paid from the funds of said district. Each
164member shall, upon assuming office, take and subscribe to the
165oath of office prescribed by s. 5(b), Art. II of the State
166Constitution and section 876.05, Florida Statutes.
167     Section 4.  All district elections shall be conducted and
168supervised by the Supervisor of Elections of Manatee County,
169under the rules governing general elections in the County of
170Manatee, except as may otherwise be provided herein. All
171elections shall be held at the Trailer Estates Recreation Hall
172in the district. Any registered voter residing in the district
173may vote in a district election. Application for absentee
174ballots may be requested from the Supervisor of Elections of
175Manatee County within 1 year prior to each election, and shall
176be counted once returned to the Supervisor of Elections? office
177by 7:00 p.m. on the day of each election pursuant to the Florida
178Election Code. All election ballots shall be prepared by the
179Supervisor of Elections of Manatee County. The commissioners
180shall be elected in nonpartisan elections. A person desiring to
181have his or her name placed on the ballot for election as a
182commissioner of the district shall be a freeholder and qualified
183elector residing within the district, as certified by the county
184property appraiser and the supervisor of elections of said
185county to be a freeholder and qualified elector according to the
186respective official records of such officers, and shall pay a
187filing fee of $25 or, in the alternative, the person may qualify
188by obtaining the signatures of at least 25 registered electors
189of the district on petition forms provided by the supervisor of
190elections, which petitions shall be submitted and checked in the
191same manner as petitions filed by nonpartisan judicial
192candidates pursuant to section 105.035, Florida Statutes. Notice
193of said election setting forth the names of the persons proposed
194as commissioners of the district shall be in writing and posted
195at the principal office of the district not less than 15 days
196before the date of each election. Notwithstanding the provisions
197of section 101.20, Florida Statutes, the publication of a sample
198ballot is not required. The Supervisor of Elections of Manatee
199County shall appoint inspectors and clerks for the election
200whose duties shall be the same as similar officers in general
201elections, except as herein stated. Said election may be by
202ballot or by other electronic or electromechanical voting
203system, and if by ballot the same shall be written or printed in
204black ink on plain paper and shall be substantially in the
205following 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
211the requirements for the ballot herein described shall be
212adapted to the use of such voting system. Election of
213commissioners shall be held bi-annually on the second Tuesday of
214November or, in the alternative, on another Tuesday in November,
215in even years, in conjunction with any other special, primary,
216or general election to be conducted by the supervisor of
217elections, by electing two commissioners in 2004 and three
218commissioners in 2006 for 4-year terms. In the November 2004
219election, Seats #2 and #4 shall be filled. In the November 2006
220election, Seats #1, #3, and #5 shall be filled. Commissioners
221may succeed themselves in office. The term of newly elected
222commissioners shall commence on the first Tuesday of January
223following the election. Commissioners shall serve until their
224successors assume office, except as otherwise provided herein.
225The commissioners whose seats are filled pursuant to the
226commissioners? election in November 2000 (Seats #2 and #4) shall
227serve until their successors assume office following the
228November 2004 commissioners? election. The commissioners whose
229seats are filled pursuant to the commissioners? election in
230November 2002 (Seats #1, #3, and #5) shall serve until their
231successors assume office following the November 2006
232commissioners? election. Each commissioner must be a qualified
233elector at the time he or she qualifies and continually
234throughout his or her term.
235     Section 5.  The Supervisor of Elections of Manatee County
236shall canvass the returns of elections and shall announce the
237result thereof no later than the day following the election. The
238expenses of the supervisor of elections for conducting each
239election shall be paid out of general funds of the district.
240     Section 6.  All vacancies occurring in the board of
241commissioners from any cause shall be filled by the remaining
242commissioners by the appointment of a successor commissioner or
243commissioners from among the registered voters residing in the
244district who are freeholders within said district. An appointed
245commissioner shall serve until the next commissioners? election,
246at which time an election shall be held to fill the vacancy for
247the remaining term, if any. Any commissioner failing to
248discharge the duties of his or her position may be removed for
249cause by the board of commissioners, after due notice and an
250opportunity to be heard upon charges of malfeasance or
251misfeasance.
252     Section 7.
253     (1)  The district shall have the right, power, and
254authority to levy special assessments against taxable real
255estate lying within its territorial bounds in order to provide
256funds for the purposes of the district. The rate of such
257assessments shall be fixed by a resolution of the board of
258commissioners, as hereinafter provided, but shall in no event
259exceed 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
261per acre or fraction thereof on unsubdivided acreage. Apartment
262buildings and tourist courts are to be construed as business
263buildings; provided, however, there shall be an additional
264assessment of $0.50 for each rental unit. Trailers and mobile
265homes with or without cabanas, carports, or utility rooms shall
266be construed as homes.
267     (2)  The county property appraiser shall furnish the
268commissioners with a tax roll covering all taxable properties
269within the territorial limits of said district upon which roll
270said commissioners will place the levy for each parcel of
271property shown thereon on or before the first day of June of
272each year and any property owner in said district shall have the
273right during the period between the tenth day of June and the
274twentieth day of June of each year to file written protest of
275the proposed assessments and the amount or rate thereof, and to
276appear before the board in support of such protest; and the
277board shall hold a meeting or meetings during said period to
278consider and act upon any such protests.
279     (3)  Immediately after the expiration of the period last
280mentioned, the board of commissioners shall adopt a resolution
281fixing the rates of assessment and shall return the said tax
282roll to the county property appraiser, having first noted
283thereon the levy against each parcel of property described
284thereon, on or before the first day of July of each year. The
285county property appraiser shall then include in the Manatee
286County tax roll the assessments thus made by the Board of
287Commissioners of the Trailer Estates Fire Control District and
288the same shall be collected in the manner and form as is
289provided for the collection of county taxes and paid over by the
290county tax collector to the board of commissioners in the manner
291and form as is provided for the disbursement of county taxes.
292The county tax collector and the county property appraiser shall
293receive commissions and fees for assessing and collecting such
294assessments, of one and one-half percent to the tax collector
295and one and one-half percent to the property appraiser, instead
296of the same commissions and fees usually earned for the
297assessment and collection of county taxes. Further, the services
298of the property appraiser and the tax collector under this act
299are hereby declared to be special services performed directly
300for the district, and any payment therefor shall not be personal
301income of such official but shall be income to said official?s
302office.
303     Section 8.  Such special assessments shall be a lien upon
304the land so assessed along with the county taxes assessed
305against the same until said assessments and taxes have been
306paid, and if the same become delinquent, shall be considered a
307part of the county tax, subject to the same penalties, charges,
308fees, and remedies for enforcement and collection as provided by
309the laws of the state for the collection of such taxes.
310     Section 9.  The proceeds of said assessments and the funds
311of the district shall be deposited in the name of the district
312in a qualified public depository as defined by Florida law,
313which depository shall be designated by resolution of the Board
314of Commissioners. No funds of the district shall be disbursed
315save and except by check or draft signed by any two
316commissioners.
317     Section 10.  The fiscal year of the district shall commence
318October 1 of each year and end on September 30 of the following
319year. The commissioners shall, on or before April 1 of each
320year, prepare an annual financial statement of income and
321disbursements during the prior fiscal year. On or before
322September 1 of each year, the commissioners shall prepare and
323adopt an itemized budget showing the amount of money necessary
324for the operation of the district for the next fiscal year, and
325the district assessment to be assessed and collected upon the
326taxable property of the district for the next ensuing year. A
327copy of the annual financial statement and a copy of the budget
328shall be made available for public inspection at the principal
329office of the district at reasonable hours.
330     Section 11.  The district may acquire and hold real and
331personal property, sue and be sued, enter into contracts, and
332perform other functions necessary or desirable to the carrying
333out of the provisions and intent of this act. No debt shall be
334created without the approval of the board of commissioners.
335     Section 12.  The board of commissioners shall have the
336power and authority to borrow money for the purposes of the
337district in an amount not to exceed 50 percent of the total tax
338assessment of the year when such borrowing is done, provided,
339however, that the total accumulative debt of the district shall
340never exceed 50 percent of the total special assessment in any 1
341year. Neither the district commissioners as a body nor any one
342of them as an individual shall be personally or individually
343liable for the repayment of such loan, such repayment shall be
344made out of tax receipts of the district. Except as provided in
345this paragraph, the district commissioners shall not create any
346indebtedness or incur obligations for any sum or amount which
347the commissioners are unable to repay out of district funds then
348in their hands, provided, that the district commissioners may
349make purchases of equipment together with funds for the erection
350or improvement of a fire station and/or ancillary structures of
351the district on an installment basis as necessary if funds are
352available for the payment of the current year?s installment on
353such equipment or building loan plus the amount due in that year
354on any other installments and/or the repayment of any bank loan
355or other existing indebtedness which may be due that year.
356     Section 13.  No funds of said district shall be used for
357any purposes other than the administration of the affairs and
358business of the district; the protection and preservation of
359life and property; the prevention and elimination of fires; the
360construction, care, maintenance, upkeep, operation, and purchase
361of fire fighting and rescue equipment or a fire station and any
362ancillary structures; installation of fire hydrants; payments of
363public utilities such as electric lights and water; and payments
364of salaries of a fire marshal and one or more firefighters as
365the board of commissioners may from time to time determine to be
366for the best interests of the district.
367     Section 14.  The board of commissioners shall have the
368power and the authority to buy, sell, trade, rent, or lease real
369and personal property or otherwise dispose of surplus real or
370personal property in the name of the district; to deliver
371purchase money notes and mortgages or to assume the obligation
372of existing mortgages in connection with the acquisition of
373property of the district; to mortgage real and personal property
374when necessary to carry out the district?s duties and authority
375under this act; to receive gifts of real or personal property;
376and to acquire by gift or purchase a fire station and station
377site and such fire fighting and rescue equipment as is deemed
378necessary for the protection of said district. The board of
379commissioners shall have the power to cooperate or contract with
380other persons or entities, including other governmental
381agencies, as necessary, convenient, incidental, or proper in
382connection with providing effective mutual aid and furthering
383any power, duty, or purpose authorized hereunder.
384     Section 15.
385     (1)  The members of the board of commissioners shall have
386the duties usually pertaining to, vested in, and incumbent upon
387like officers. A record shall be kept of all meetings of the
388board of commissioners, and in such meetings concurrence of a
389majority of said commissioners shall be necessary to any
390affirmative action taken by the board. The board of
391commissioners shall keep a permanent record book in which the
392minutes of all meetings, resolutions, proceedings, certificates,
393bonds given by commissioners, and corporate acts shall be
394recorded. The record book shall be open to inspection in the
395same manner as state, county, and municipal records are open
396under Florida law. The record book shall be kept at the
397principal office of the district.
398     (2)  The board of commissioners may adopt such bylaws and
399rules and regulations not inconsistent with any portion of this
400act, as it may deem necessary in and about the transaction of
401its business and in carrying out the provisions of this act.
402     (3)  The board of commissioners shall have the right,
403power, and authority to employ by written contract the services
404of a technical advisor who is thoroughly familiar with the
405details and operations of a fire control district for any and
406all such technical advice as may be necessary to make the fire
407control district operative in accordance with this act, and fees
408for such services shall be payable from the funds of the said
409fire control district. The board of commissioners is hereby
410authorized to employ and to enter into agreements or contracts
411with consultants, engineers, attorneys, and fiscal, financial,
412or other experts to perform planning, engineering, legal,
413financial, or other professional services for the district, or
414any asset thereof, upon such terms and conditions as the
415commissioners shall deem desirable and proper.
416     Section 16.
417     (1)  The board of commissioners of said district may
418appoint a fire marshal, who shall be a person experienced in all
419types of fire fighting and fire prevention and who shall work
420with and cooperate with the Florida State Forestry Service in
421which the district is situated, in the prevention of fires of
422all types.
423     (2)  Said fire marshal shall be required to inspect all
424places of business, apartment houses, hotels, motels, and other
425buildings within the territorial limits of the district wherein
426large groups of people might congregate to determine that such
427places have proper fire extinguishers and fire escapes, at least
428two times each year, and shall submit a report on same to the
429board of commissioners.
430     Section 17.  The special fire control district shall exist
431until dissolved by law. Should any part of the territory covered
432in this act be held not to be included herein, then this act
433shall continue in effect as to the balance of the said
434territory. The district may be abolished by a majority vote of
435the registered voters residing in the district at an election
436called by the board of commissioners for such purpose, which
437election shall be held and notice thereof given under the same
438requirements as are set forth hereunder for the election of
439commissioners and the levying and collecting of the district
440assessments. Provided that the district shall not be abolished
441while it has outstanding indebtedness without first making
442adequate provision for the liquidation of such outstanding
443indebtedness and provided, further, that the real and personal
444property of the district shall be conveyed or otherwise
445transferred by gift by the board of commissioners to the Trailer
446Estates Park and Recreation District, being a political
447subdivision of the state.
448     Section 18.  Commissioners not guilty of malfeasance in
449office shall be relieved of any personal liability for any acts
450done by them while holding office in the district; and any
451commissioner who is made a party to any action, suit, or
452proceeding solely by reason of holding office in the district
453shall be indemnified by the district against reasonable
454expenses, including attorneys? fees, incurred by said
455commissioner in defending such suit, action, or proceeding,
456except with respect to matters wherein it shall be adjudged in
457such proceeding that such commissioner is liable for negligence
458or misconduct in the performance of the commissioner?s duties.
459     Section 19.  No suit, action, or proceeding shall be
460instituted or maintained in any court against said district or
461the commissioners, or any commissioner thereof, for or upon any
462claim, right, or demand of any kind or nature, unless the person
463or persons making such claim or demand or claiming such right
464shall have within 30 days after the alleged accrual of such
465claim, right, or demand, given to the commissioners, or one of
466them, a notice in writing setting forth the nature of the right,
467claim, or demand, the amount thereof, the place and manner in
468which such claim or right accrued, together with the names and
469addresses of all witnesses by whom such claims, rights, or
470demands are to be proved or established, all with sufficient
471detail to enable the district and the commissioners to fully
472investigate such claim, right, or demand; and no suit, action,
473or proceeding or any such demand shall be instituted within 3
474months after such notice shall be given.
475     Section 20.  The word ?district? shall mean the special
476fire control district hereby organized; the words ?board? and
477?board of commissioners? shall mean the board of commissioners
478of and for the special fire control district hereby created when
479used in this act, unless otherwise specified.
480     Section 21.  If any clause, section, or provision of this
481act shall be declared to be unconstitutional or invalid for any
482cause or reason, the same shall be eliminated from this act, and
483the remaining portion of said act shall be in force and effect
484and be as valid as if such invalid portion thereof had not been
485incorporated therein.
486     Section 22.  This provisions of this act shall be liberally
487construed in order to effectively carry out the purposes of this
488act in the interest of the public.
489     Section 4.  Paragraph (a) of subsection (1) of chapter 93-
490352, Laws of Florida, is amended to read:
491     (1)(a)  The business affairs of the Cedar Hammock Fire
492Control District, Parrish Fire Control District, Southern
493Manatee Fire and Rescue District, Trailer Estates Fire Control
494District, Westside Fire Control District, and Whitfield Fire
495Control District in Manatee County shall be conducted and
496administered by a five-member board that is elected by the
497electors of the respective districts in nonpartisan elections
498held at the time and in the manner prescribed for holding
499general elections in section 189.405(2)(a), Florida Statutes.
500Each member shall be elected for a term of 4 years and shall
501serve until his successor is chosen and qualified, except that
502members elected to seats 2 and 4 in the first election held
503after the effective date of this act shall be elected for a term
504of 2 years.
505     Section 5.  Chapters 63-1587, 65-1894, 65-1895, 72-613, 80-
506534, 82-323, 84-473, 94-373, and 95-503, Laws of Florida, are
507repealed.
508     Section 6.  This act shall take effect upon becoming a law.


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