HB 0631 2004
1	A bill to be entitled
2	An act relating to the St. Lucie County Fire District;
3	providing for codification of special laws relating to the
4	St. Lucie County Fire District; providing legislative
5	intent; amending, codifying, and reenacting all prior
6	special acts; providing for incorporation as a special
7	fire control district; providing for a district boundary;
8	providing for a governing board; providing for district
9	books and audits; providing for district depositories and
10	use of funds; providing for gifts, purchases, and loans;
11	providing for records and adoption of rules; providing for
12	annual reports; providing for rights under civil service;
13	providing for millage and taxes; providing for non-ad
14	valorem assessments and impact fees; providing for payment
15	of expenses; providing for a fire chief; providing for a
16	clerk-treasurer; providing for insurance for employees and
17	retirees; providing for limitations to actions arising out
18	of tort or negligence; providing for removal of fire
19	hazards and enforcement of liens; providing for
20	miscellaneous provisions; repealing chapters 96-532 and
21	97-356, Laws of Florida; providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1. Pursuant to section 191.015, Florida Statutes,
26	this act constitutes the codification of all special acts
27	relating to St. Lucie County Fire District. It is the intent of
28	the Legislature to provide a single, comprehensive special act
29	charter for the district including all current legislative
30	authority granted to the district by its several legislative
31	enactments and any additional authority granted by this act and
32	chapters 189 and 191, Florida Statutes, as they may be enacted
33	from time to time. It is further the intent of this act to
34	preserve all district authority.
35	Section 2. Chapters 96-532 and 97-356, Laws of Florida,
36	are codified, reenacted, amended, and repealed as herein
37	provided.
38	Section 3. The St. Lucie County Fire District is re-
39	created and the charter is re-created and reenacted to read as
40	follows:
41	Section 1. Upon this act becoming a law, all of the lands
42	in the County of St. Lucie shall become and be incorporated into
43	an independent special taxing district to be known as the St.
44	Lucie County Fire District. The purpose of the district shall be
45	for fire prevention, fire suppression, emergency medical
46	services, rescue, and other duties and responsibilities in St.
47	Lucie County, as may be directed by the St. Lucie County Fire
48	District Board of Commissioners.
49	Section 2. The governing body of the St. Lucie County Fire
50	District, hereinafter also termed "the district" or "said
51	district," shall be known and designated as the Board of
52	Commissioners of the St. Lucie County Fire District, hereinafter
53	also termed "the board" or "said board," and shall be composed
54	of seven members named and selected as provided by this act.
55	Said board shall have all the powers of a body corporate,
56	including the power to contract and to be contracted with under
57	the name of St. Lucie County Fire District; to sue and to be
58	sued; to adopt and use a common seal and to alter the same at
59	its pleasure; to acquire, purchase, hold, lease, and convey such
60	real estate and personal property, including equipment, as said
61	board may deem proper or expedient to carry out the purposes of
62	this act; to employ such attorneys, experts, agencies, and
63	employees as said board may require or deem advisable; to borrow
64	money and to issue negotiable promissory notes as hereinafter
65	provided; and to generally exercise the powers of a public
66	authority organized and existing for the purpose of fire
67	prevention, fire suppression, emergency medical services,
68	rescue, and other duties and responsibilities as may be directed
69	by the St. Lucie County Fire District Board of Commissioners.
70	Section 3. Board composition; terms; elections.--
71	(1) The board of commissioners of said district shall at
72	all times consist of seven members; two members to be elected by
73	and from the Board of County Commissioners of St. Lucie County;
74	two members to be elected by and from the City Commission of the
75	City of Fort Pierce; two members to be elected by and from the
76	City Council of the City of Port St. Lucie; and one member to be
77	appointed by the Governor.
78	(2) The terms of office of the two members from the Board
79	of County Commissioners of St. Lucie County, the two members
80	from the City Commission of the City of Fort Pierce, and the two
81	members from the City Council of the City of Port St. Lucie, and
82	their respective successors, shall be for periods of 2 years.
83	The term of office of the seventh member appointed by the
84	Governor shall be for a period of 2 years, but said seventh
85	member shall continue to serve until his or her successor is
86	appointed.
87	(3) As to the two members from the Board of County
88	Commissioners of St. Lucie County, the two members from the City
89	Commission of the City of Fort Pierce, and the two members from
90	the City Council of the City of Port St. Lucie, their
91	continuance in such official capacities as members of the board
92	of county commissioners, city commission, and city council shall
93	be deemed an essential qualification as to their continuance as
94	members of the board of commissioners of the district.
95	(4) The commissioners of the district shall elect from
96	their board a chairperson and vice chairperson annually. Four
97	members of the board shall constitute a quorum. A majority of a
98	quorum shall be necessary for the transaction of business. The
99	chairperson shall vote at all meetings of the board.
100	Section 4. Books; audits.--The board shall annually have
101	the books audited by an independent certified public accountant
102	duly registered in this state.
103	Section 5. Depositories; use of funds.--
104	(1) The funds of the district shall be deposited in the
105	name of the district in a federal or Florida chartered bank or
106	banks with a principal branch office located within St. Lucie
107	County. Any such bank must be a member of the Federal Reserve
108	System and a qualified public depository as defined in section
109	280.02, Florida Statutes, and must be included on the authorized
110	depository list published by the Bureau of Collateral
111	Securities, Office of the State Treasurer. No funds of the
112	district shall be paid out or disbursed except by check.
113	(2) No funds of the district shall be used for any purpose
114	other than the administration of the affairs and business of
115	said district, for the construction, care, maintenance, upkeep,
116	operation, and purchase of firefighting and emergency equipment,
117	and for the best interest of the district as the board may
118	determine.
119	Section 6. Gifts; purchases; loans.--
120	(1) The board shall have the power and authority to hold,
121	control, and acquire, by gift or purchase, for the use of the
122	district, any real or personal property and to pay the purchase
123	price in installments or deferred payments and to condemn any
124	lands needed for the purpose of said district. Said board is
125	authorized to exercise the right of eminent domain and institute
126	and maintain condemnation proceedings in the same manner as St.
127	Lucie County, as other public municipalities under the laws of
128	the state, or both.
129	(2) The board is hereby authorized and empowered, in order
130	to carry out the purposes of this act, to borrow money not to
131	exceed $1,500,000 in any one year unless the board shall issue a
132	resolution that declares a district emergency as defined in this
133	section, in which case the board is authorized and empowered to
134	borrow money not to exceed the sum of $4 million. In no event,
135	however, shall the total of all amounts borrowed and unpaid
136	exceed the sum of $5 million. The board is further authorized
137	and empowered to issue its promissory notes therefor upon such
138	terms and at such rates of interest as said board may deem
139	advisable, and said notes shall be a charge upon all revenues
140	derived from taxes in that year.
141	(3) An emergency for the purposes of the St. Lucie County
142	Fire District is defined as:
143	(a) A natural or man-made fire or medical disaster
144	involving significant injury, death, or destruction of
145	structures and requiring extensive and unforeseen use of
146	overtime or additional personnel.
147	(b) A response to a declaration of a local emergency and
148	request by St. Lucie County that the district provide emergency
149	services, the cost of which exceeds the annual borrowing limit
150	of the district.
151	(c) A need to replace or repair fire or emergency medical
152	vehicles and equipment based on unanticipated and unforeseen
153	circumstances, rather than on ordinary wear and tear, for losses
154	not covered by insurance.
155	(4) The board of commissioners of the district shall have
156	the power and authority to acquire by gift or purchase and to
157	pay the purchase price for such firefighting and other equipment
158	as deemed reasonably necessary for the protection of property,
159	safety of lives, or reduction of fire hazards to the same, in
160	the district; to hire firefighting, emergency medical, civilian,
161	and other personnel as needed; and to inspect all property and
162	investigate for fire hazards and prescribe rules and regulations
163	pertaining thereto, including the enforcement of the Florida
164	Fire Prevention Code as revised from time to time.
165	(5) The board of commissioners of the district may
166	acquire, by gift or purchase, such emergency equipment and
167	employ such personnel as may be determined reasonably necessary
168	by the board for the operation and maintenance of emergency
169	medical service within the district.
170	Section 7. Records; adoption of rules.--The officers of
171	said board of commissioners shall have the duties usually
172	pertaining to, vested in, and incumbent upon like officers. A
173	record shall be kept of all meetings of the board of
174	commissioners. The board of commissioners may adopt such rules
175	and regulations as it may deem necessary in and about the
176	transaction of its business and in carrying out the provisions
177	of this act.
178	Section 8. Annual reports; fiscal year.--The board of
179	commissioners shall, in a timely manner, make an annual report
180	of its actions and accounting of its funds as of the end of the
181	previous fiscal year and shall file said report in the office of
182	the Clerk of the Circuit Court of St. Lucie County, whose duty
183	it shall be to receive and file said report and hold and keep
184	the same a public record. The fiscal year of said district is
185	hereby fixed as commencing on October 1 and ending on September
186	30.
187	Section 9. Rights under civil service; retirees.--All
188	rights of firefighting personnel under the civil service and
189	retirement laws of the City of Fort Pierce and all rules and
190	regulations pertaining thereto are hereby respectively preserved
191	unto such personnel.
192	Section 10. Millage; taxes.--
193	(1) The Board of Commissioners of the St. Lucie County
194	Fire District, a special taxing district, is hereby authorized,
195	empowered, and directed annually to levy upon all the real and
196	personal taxable property, including homesteads, in said
197	district a sufficient tax to pay the necessary costs for the
198	maintenance, operation, and support of the district, but the
199	said levy to pay for the costs of operation, maintenance, and
200	support of said district shall not exceed 3 mills on the dollar,
201	unless otherwise authorized under chapter 191, Florida Statutes.
202	(2) The levy by the board of the taxes authorized by any
203	provision of this act or chapter 191, Florida Statutes, shall be
204	by resolution of the board duly entered into the minutes of the
205	board. Certified copies of such resolution executed in the name
206	of the board by its chairperson, under the corporate seal, shall
207	be made and delivered to the Board of County Commissioners of
208	St. Lucie County and to the Comptroller of the state not later
209	than July 31 of each year. Determination of millage and
210	collection of taxes shall be in accordance with chapter 200,
211	Florida Statutes, and other applicable laws. All such taxes
212	shall be held by the board of commissioners and paid out by the
213	board as provided in this act.
214	(3) It is herein and hereby determined and declared that
215	the special assessment taxes herein provided for fire
216	prevention, fire suppression, emergency medical services,
217	rescue, and other duties and responsibilities as may be directed
218	by the St. Lucie County Fire District Board of Commissioners are
219	special assessments for special or peculiar benefits accruing to
220	the properties within the special taxing district herein created
221	against which properties said levies are directed to be made. It
222	is also herein and hereby found, determined, and declared that
223	fire prevention, fire suppression, emergency medical services,
224	rescue, and other duties and responsibilities as may be directed
225	by the St. Lucie County Fire District Board of Commissioners,
226	within such special taxing district herein created, are public
227	purposes and are also county, district, and municipal purposes.
228	Section 11. Payment of expenses.--
229	(1) The board is authorized to pay from the funds of the
230	special taxing district all expenses of the organization of said
231	board and all expenses necessarily incurred in the formation of
232	said district and all other reasonable and necessary expenses,
233	including the fees and expenses of an attorney in the
234	transaction of the business of the special taxing district, and
235	in carrying out and accomplishing the purposes of this act.
236	(2) The funds of the district shall be paid out only upon
237	checks signed by the chairperson or vice chairperson and clerk-
238	treasurer either manually or by facsimile signature. No check
239	shall be drawn or issued against funds of the district except
240	for a purpose authorized by this act. No check against funds of
241	the district shall be drawn or issued until after the account or
242	expenditure for which the same is to be given and payment has
243	been ordered and approved by the board of commissioners.
244	Section 12. Fire chief.--The board shall appoint and
245	employ a fire chief who shall serve at the will of the board as
246	chief officer of the fire district; who shall maintain and
247	operate all divisions of the district; and who shall enforce the
248	laws and all rules prescribed by the State Fire Marshal in
249	accordance with chapter 633, Florida Statutes.
250	Section 13. Clerk-treasurer.--The board shall appoint and
251	employ a clerk-treasurer who shall serve at the will of the
252	board. The clerk-treasurer of the district shall be the
253	financial officer of the district and shall also maintain the
254	records of the district. The clerk-treasurer shall be required
255	to give to the board of commissioners of the district a good and
256	sufficient surety bond in the sum of $10,000 conditioned on his
257	or her faithfully performing the duties of the office and well
258	and truly accounting for all moneys of the district coming into
259	his or her custody and/or control. The premium of the bond shall
260	be paid out of the funds of the district and shall be approved
261	by the board of commissioners.
262	Section 14. Insurance for employees and dependents;
263	retirees.--
264	(1) The St. Lucie County Fire District may, through its
265	board of commissioners, pay out of any of its available funds
266	all or part of the premiums or charges for life, health,
267	accident, or hospitalization insurance provided for its
268	employees and the families of such employees.
269	(2) The St. Lucie County Fire District, which provides for
270	its officers, employees, and their dependents life, health,
271	accident, hospitalization, or annuity insurance, or all of any
272	kind of such insurance, upon a group insurance plan or self-
273	insurance plan, may allow retired former personnel and their
274	eligible dependents the option of continuing to participate in
275	such group insurance plan or self-insurance plan. The cost of
276	any such continued participation or any portion thereof for the
277	retired employees only may be paid by the employer or by the
278	retired employees. Any such coverage continued on behalf of the
279	dependents of a retired employee shall be paid for entirely by
280	the retiree. In addition, the St. Lucie County Fire District may
281	commingle the claims experience of the retiree group with the
282	claims experience of the active employees. Premiums resulting
283	from the commingling, or any portion thereof, may be paid by the
284	employer or retired employee. However, the St. Lucie County Fire
285	District may pay all or a portion of the cost of any such
286	continued participation if it so desires.
287	Section 15. Torts; negligence.--
288	(1) No action shall be brought against the St. Lucie
289	County Fire District for any negligent or wrongful injury or
290	damage to persons or property unless brought within 12 months
291	from the time of the injury or damage.
292	(2) No suit arising out of any action in tort or sounding
293	in tort shall be maintained against the St. Lucie County Fire
294	District unless written notice of the claim, giving time, place,
295	and circumstances of the injury or damage, is given to the
296	chairperson or vice chairperson or the clerk-treasurer of the
297	district within 30 days after the occurrence of the injury or
298	damage.
299	Section 16. Removal of fire hazards; enforcement of
300	liens.--
301	(1) For the purpose of promoting the safety and general
302	welfare of the community, the Board of Commissioners of the St.
303	Lucie County Fire District may, by resolution, require that
304	lands in St. Lucie County be cleared of weeds, debris, and any
305	materials which create a fire hazard.
306	(2) If any property owner in St. Lucie County fails to
307	comply with the requirements of a resolution adopted under
308	subsection (1), the board may serve written demand on such
309	property owner that his or her land be cleared in accordance
310	with the provisions of such resolution. Such demand shall be by
311	registered mail, directed to the owner at his or her address as
312	shown on the current tax roll of the county. It shall notify the
313	owner that if said demand is not complied with within 30 days
314	from the date thereof, the land described therein will be
315	cleared or caused to be cleared by the St. Lucie County Fire
316	District and the cost thereof, including a service charge to be
317	established by the board, will constitute a lien against said
318	land.
319	(3) If any property owner fails to comply with such
320	written demand, the board may clear or cause to be cleared the
321	land and by resolution assess a lien on behalf of the St. Lucie
322	County Fire District against the land for the cost of clearing,
323	including the service charge. A notice of lien in such form as
324	the board may determine shall be recorded in the office of the
325	Clerk of the Circuit Court of the county. The notice of lien
326	shall be prima facie evidence of the debt to the St. Lucie
327	County Fire District, bearing interest at the legal rate, and
328	may be foreclosed as mortgages are foreclosed in the circuit
329	court. The lien shall become void 20 years after the date of
330	the execution of the notice of lien.
331	Section 17. Miscellaneous provisions.--
332	(1) When required by the laws of Florida, any obligation
333	issued or incurred by the district shall be approved by the
334	qualified freeholder electors.
335	(2) Whosoever shall willfully damage any of the property
336	in the special taxing district created under this act shall be
337	punished as provided in the general laws for punishments for
338	misdemeanors or felonies, depending upon the value of the
339	property damage.
340	(3) Any clause, sentence, paragraph, section, or part of a
341	section of this act which for any reason may be declared invalid
342	may be eliminated from this act, and the remaining portion
343	thereof shall be in force and valid as if such invalid clause,
344	section, or part of a section had not been incorporated herein.
345	(4) It is intended that the provisions of this act shall
346	be liberally construed for accomplishing the purposes provided
347	therefor, or intended to be provided for by this act, and where
348	a strict construction will result in the defeat of the
349	accomplishment of any of the purposes provided for by this act
350	and a liberal construction would permit or assist in the
351	accomplishment thereof, the liberal construction thereof shall
352	prevail.
353	(5) All general, special, or local laws or parts thereof
354	inconsistent herewith are declared to be inapplicable to the
355	provisions of this act, including specifically the provisions of
356	sections 200.071-200.141, Florida Statutes, which shall not
357	apply and are superseded insofar as they affect the power and
358	authority of the St. Lucie County Fire District to levy, assess,
359	collect, and enforce ad valorem taxes.
360	Section 4. Chapters 96-532 and 97-356, Laws of Florida,
361	are repealed.
362	Section 5. This act shall take effect upon becoming a law.