| 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| 36 | codified, amended, reenacted, and repealed as provided herein.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 |
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| 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. |