HB 0631CS

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 the St. Lucie County Fire District;  
8providing for codification of special laws relating to the
9St. Lucie County Fire District; providing legislative
10intent; amending, codifying, and reenacting all prior
11special acts; providing for incorporation as a special
12fire control district; providing district boundaries;
13providing for a governing board; providing for district
14books and audits; providing for district depositories and
15use of funds; providing for gifts, purchases, and loans;
16providing for records and adoption of rules; providing for
17annual reports; providing for rights under civil service
18and retirement laws; providing for millage and taxes;
19providing for non-ad valorem assessments and impact fees;
20providing for payment of expenses; providing for a fire
21chief; providing for a clerk-treasurer; providing for
22insurance for employees and retirees; providing for
23limitations to actions arising out of tort or negligence;
24providing for removal of fire hazards and enforcement of
25liens; providing for miscellaneous provisions; repealing
26chapters 96-532 and 97-356, Laws of Florida; providing an
27effective date.
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  Pursuant to section 191.015, Florida Statutes,
32this act constitutes the codification of all special acts
33relating to St. Lucie County Fire District. It is the intent of
34the Legislature to provide a single, comprehensive special act
35charter for the district including all current legislative
36authority granted to the district by its several legislative
37enactments and any additional authority granted by this act and
38chapters 189 and 191, Florida Statutes, as they may be enacted
39from time to time. It is further the intent of this act to
40preserve all district authority.
41     Section 2.  Chapters 96-532 and 97-356, Laws of Florida,
42are codified, reenacted, amended, and repealed as herein
43provided.
44     Section 3.  The St. Lucie County Fire District is re-
45created and the charter is re-created and reenacted to read as
46follows:
47     Section 1.  Upon this act becoming a law, all of the lands
48in the County of St. Lucie shall become and be incorporated into
49an independent special taxing district to be known as the St.
50Lucie County Fire District. The purpose of the district shall be
51for fire prevention, fire suppression, emergency medical
52services, rescue, and other duties and responsibilities in St.
53Lucie County, as may be directed by the St. Lucie County Fire
54District Board of Commissioners.
55     Section 2.  The governing body of the St. Lucie County Fire
56District, hereinafter also termed "the district" or "said
57district," shall be known and designated as the Board of
58Commissioners of the St. Lucie County Fire District, hereinafter
59also termed "the board" or "said board," and shall be composed
60of seven members named and selected as provided by this act.
61Said board shall have all the powers of a body corporate,
62including the power to contract and to be contracted with under
63the name of St. Lucie County Fire District; to sue and to be
64sued; to adopt and use a common seal and to alter the same at
65its pleasure; to acquire, purchase, hold, lease, and convey such
66real estate and personal property, including equipment, as said
67board may deem proper or expedient to carry out the purposes of
68this act; to employ such attorneys, experts, agencies, and
69employees as said board may require or deem advisable; to borrow
70money and to issue negotiable promissory notes as hereinafter
71provided; and to generally exercise the powers of a public
72authority organized and existing for the purpose of fire
73prevention, fire suppression, emergency medical services,
74rescue, and other duties and responsibilities as may be directed
75by the St. Lucie County Fire District Board of Commissioners.
76     Section 3.  Board composition; terms; elections.--
77     (1)  The board of commissioners of said district shall at
78all times consist of seven members; two members to be elected by
79and from the Board of County Commissioners of St. Lucie County;
80two members to be elected by and from the City Commission of the
81City of Fort Pierce; two members to be elected by and from the
82City Council of the City of Port St. Lucie; and one member to be
83appointed by the Governor.
84     (2)  The terms of office of the two members from the Board
85of County Commissioners of St. Lucie County, the two members
86from the City Commission of the City of Fort Pierce, and the two
87members from the City Council of the City of Port St. Lucie, and
88their respective successors, shall be for periods of 2 years.
89The term of office of the seventh member appointed by the
90Governor shall be for a period of 2 years, but said seventh
91member shall continue to serve until his or her successor is
92appointed.
93     (3)  As to the two members from the Board of County
94Commissioners of St. Lucie County, the two members from the City
95Commission of the City of Fort Pierce, and the two members from
96the City Council of the City of Port St. Lucie, their
97continuance in such official capacities as members of the board
98of county commissioners, city commission, and city council shall
99be deemed an essential qualification as to their continuance as
100members of the board of commissioners of the district.
101     (4)  The commissioners of the district shall elect from
102their board a chairperson and vice chairperson annually. Four
103members of the board shall constitute a quorum. A majority of a
104quorum shall be necessary for the transaction of business. The
105chairperson shall vote at all meetings of the board.
106     Section 4.  Books; audits.--The board shall annually have
107the books audited by an independent certified public accountant
108duly registered in this state.
109     Section 5.  Depositories; use of funds.--
110     (1)  The funds of the district shall be deposited in the
111name of the district in a federal or Florida chartered bank or
112banks with a principal branch office located within St. Lucie
113County. Any such bank must be a member of the Federal Reserve
114System and a qualified public depository as defined in section
115280.02, Florida Statutes, and must be included on the authorized
116depository list published by the Bureau of Collateral
117Securities, Office of the Chief Financial Officer.  No funds of
118the district shall be paid out or disbursed except by check.
119     (2)  No funds of the district shall be used for any purpose
120other than the administration of the affairs and business of
121said district, for the construction, care, maintenance, upkeep,
122operation, and purchase of firefighting and emergency equipment,
123and for the best interest of the district as the board may
124determine.
125     Section 6.  Gifts; purchases; loans.--
126     (1)  The board shall have the power and authority to hold,
127control, and acquire, by gift or purchase, for the use of the
128district, any real or personal property and to pay the purchase
129price in installments or deferred payments and to condemn any
130lands needed for the purpose of said district. Said board is
131authorized to exercise the right of eminent domain and institute
132and maintain condemnation proceedings in the same manner as St.
133Lucie County, as other public municipalities under the laws of
134the state, or both.
135     (2)  The board is hereby authorized and empowered, in order
136to carry out the purposes of this act, to borrow money not to
137exceed $1,500,000 in any one year unless the board shall issue a
138resolution that declares a district emergency as defined in this
139section, in which case the board is authorized and empowered to
140borrow money not to exceed the sum of $4 million.  In no event,
141however, shall the total of all amounts borrowed and unpaid
142exceed the sum of $5 million. The board is further authorized
143and empowered to issue its promissory notes therefor upon such
144terms and at such rates of interest as said board may deem
145advisable, and said notes shall be a charge upon all revenues
146derived from taxes in that year.
147     (3)  An emergency for the purposes of the St. Lucie County
148Fire District is defined as:
149     (a)  A natural or manmade fire or medical disaster
150involving significant injury, death, or destruction of
151structures and requiring extensive and unforeseen use of
152overtime or additional personnel.
153     (b)  A response to a declaration of a local emergency and
154request by St. Lucie County that the district provide emergency
155services, the cost of which exceeds the annual borrowing limit
156of the district.
157     (c)  A need to replace or repair fire or emergency medical
158vehicles and equipment based on unanticipated and unforeseen
159circumstances, rather than on ordinary wear and tear, for losses
160not covered by insurance.
161     (4)  The board of commissioners of the district shall have
162the power and authority to acquire by gift or purchase and to
163pay the purchase price for such firefighting and other equipment
164as deemed reasonably necessary for the protection of property,
165safety of lives, or reduction of fire hazards to the same, in
166the district; to hire firefighting, emergency medical, civilian,
167and other personnel as needed; and to inspect all property and
168investigate for fire hazards and prescribe rules and regulations
169pertaining thereto, including the enforcement of the Florida
170Fire Prevention Code as revised from time to time.
171     (5)  The board of commissioners of the district may
172acquire, by gift or purchase, such emergency equipment and
173employ such personnel as may be determined reasonably necessary
174by the board for the operation and maintenance of emergency
175medical service within the district.
176     Section 7.  Records; adoption of rules.--The officers of
177said board of commissioners shall have the duties usually
178pertaining to, vested in, and incumbent upon like officers. A
179record shall be kept of all meetings of the board of
180commissioners. The board of commissioners may adopt such rules
181and regulations as it may deem necessary in and about the
182transaction of its business and in carrying out the provisions
183of this act.
184     Section 8.  Annual reports; fiscal year.--The board of
185commissioners shall, in a timely manner, make an annual report
186of its actions and accounting of its funds as of the end of the
187previous fiscal year and shall file said report in the office of
188the Clerk of the Circuit Court of St. Lucie County, whose duty
189it shall be to receive and file said report and hold and keep
190the same a public record. The fiscal year of said district is
191hereby fixed as commencing on October 1 and ending on September
19230.
193     Section 9.  Rights under civil service and retirement
194laws.--All rights of firefighting personnel under the civil
195service and retirement laws of the City of Fort Pierce and all
196rules and regulations pertaining thereto are hereby respectively
197preserved unto such personnel.
198     Section 10.  Millage; taxes.--
199     (1)  The Board of Commissioners of the St. Lucie County
200Fire District, a special taxing district, is hereby authorized,
201empowered, and directed annually to levy upon all the real and
202personal taxable property, including homesteads, in said
203district a sufficient tax to pay the necessary costs for the
204maintenance, operation, and support of the district, but the
205said levy to pay for the costs of operation, maintenance, and
206support of said district shall not exceed 3 mills on the dollar,
207unless otherwise authorized under chapter 191, Florida Statutes.
208     (2)  The levy by the board of the taxes authorized by any
209provision of this act or chapter 191, Florida Statutes, shall be
210by resolution of the board duly entered into the minutes of the
211board. Certified copies of such resolution executed in the name
212of the board by its chairperson, under the corporate seal, shall
213be made and delivered to the Board of County Commissioners of
214St. Lucie County and to the Chief Financial Officer of the state
215not later than July 31 of each year. Determination of millage
216and collection of taxes shall be in accordance with chapter 200,
217Florida Statutes, and other applicable laws. All such taxes
218shall be held by the board of commissioners and paid out by the
219board as provided in this act.
220     (3)  It is herein and hereby determined and declared that
221the special assessment taxes herein provided for fire
222prevention, fire suppression, emergency medical services,
223rescue, and other duties and responsibilities as may be directed
224by the St. Lucie County Fire District Board of Commissioners are
225special assessments for special or peculiar benefits accruing to
226the properties within the special taxing district herein created
227against which properties said levies are directed to be made. It
228is also herein and hereby found, determined, and declared that
229fire prevention, fire suppression, emergency medical services,
230rescue, and other duties and responsibilities as may be directed
231by the St. Lucie County Fire District Board of Commissioners,
232within such special taxing district herein created, are public
233purposes and are also county, district, and municipal purposes.
234     Section 11.  Payment of expenses.--
235     (1)  The board is authorized to pay from the funds of the
236special taxing district all expenses of the organization of said
237board and all expenses necessarily incurred in the formation of
238said district and all other reasonable and necessary expenses,
239including the fees and expenses of an attorney in the
240transaction of the business of the special taxing district and
241in carrying out and accomplishing the purposes of this act.
242     (2)  The funds of the district shall be paid out only upon
243checks signed by the chairperson or vice chairperson and clerk-
244treasurer either manually or by facsimile signature. No check
245shall be drawn or issued against funds of the district except
246for a purpose authorized by this act. No check against funds of
247the district shall be drawn or issued until after the account or
248expenditure for which the same is to be given and payment has
249been ordered and approved by the board of commissioners.
250     Section 12.  Fire chief.--The board shall appoint and
251employ a fire chief who shall serve at the will of the board as
252chief officer of the fire district; who shall maintain and
253operate all divisions of the district; and who shall enforce the
254laws and all rules prescribed by the State Fire Marshal in
255accordance with chapter 633, Florida Statutes.
256     Section 13.  Clerk-treasurer.--The board shall appoint and
257employ a clerk-treasurer who shall serve at the will of the
258board. The clerk-treasurer of the district shall be the
259financial officer of the district and shall also maintain the
260records of the district. The clerk-treasurer shall be required
261to give to the board of commissioners of the district a good and
262sufficient surety bond in the sum of $10,000 conditioned on his
263or her faithfully performing the duties of the office and well
264and truly accounting for all moneys of the district coming into
265his or her custody and/or control. The premium of the bond shall
266be paid out of the funds of the district and shall be approved
267by the board of commissioners.
268     Section 14.  Insurance for employees and dependents;
269retirees.--
270     (1)  The St. Lucie County Fire District may, through its
271board of commissioners, pay out of any of its available funds
272all or part of the premiums or charges for life, health,
273accident, or hospitalization insurance provided for its
274employees and the families of such employees.
275     (2)  The St. Lucie County Fire District, which provides for
276its officers, employees, and their dependents life, health,
277accident, hospitalization, or annuity insurance, or all of any
278kind of such insurance, upon a group insurance plan or self-
279insurance plan, may allow retired former personnel and their
280eligible dependents the option of continuing to participate in
281such group insurance plan or self-insurance plan. The cost of
282any such continued participation or any portion thereof for the
283retired employees may only be paid by the employer or by the
284retired employees. Any such coverage continued on behalf of the
285dependents of a retired employee shall be paid for entirely by
286the retiree. In addition, the St. Lucie County Fire District may
287commingle the claims experience of the retiree group with the
288claims experience of the active employees. Premiums resulting
289from the commingling, or any portion thereof, may be paid by the
290employer or retired employee. However, the St. Lucie County Fire
291District may pay all or a portion of the cost of any such
292continued participation if it so desires.
293     Section 15.  Torts; negligence.--
294     (1)  No action shall be brought against the St. Lucie
295County Fire District for any negligent or wrongful injury or
296damage to persons or property unless brought within 12 months
297after the time of the injury or damage.
298     (2)  No suit arising out of any action in tort or sounding
299in tort shall be maintained against the St. Lucie County Fire
300District unless written notice of the claim, giving time, place,
301and circumstances of the injury or damage, is given to the
302chairperson, the vice chairperson, or the clerk-treasurer of the
303district within 30 days after the occurrence of the injury or
304damage.
305     Section 16.  Removal of fire hazards; enforcement of
306liens.--
307     (1)  For the purpose of promoting the safety and general
308welfare of the community, the Board of Commissioners of the St.
309Lucie County Fire District may, by resolution, require that
310lands in St. Lucie County be cleared of weeds, debris, and any
311materials which create a fire hazard.
312     (2)  If any property owner in St. Lucie County fails to
313comply with the requirements of a resolution adopted under
314subsection (1), the board may serve written demand on such
315property owner that his or her land be cleared in accordance
316with the provisions of such resolution. Such demand shall be by
317registered mail, directed to the owner at his or her address as
318shown on the current tax roll of the county. It shall notify the
319owner that if said demand is not complied with within 30 days
320from the date thereof, the land described therein will be
321cleared or caused to be cleared by the St. Lucie County Fire
322District and the cost thereof, including a service charge to be
323established by the board, will constitute a lien against said
324land.
325     (3)  If any property owner fails to comply with such
326written demand, the board may clear or cause to be cleared the
327land and by resolution assess a lien on behalf of the St. Lucie
328County Fire District against the land for the cost of clearing,
329including the service charge. A notice of lien in such form as
330the board may determine shall be recorded in the office of the
331Clerk of the Circuit Court of the county. The notice of lien
332shall be prima facie evidence of the debt to the St. Lucie
333County Fire District, bearing interest at the legal rate, and
334may be foreclosed as mortgages are foreclosed in the circuit
335court.  The lien shall become void 20 years after the date of
336the execution of the notice of lien.
337     Section 17.  Miscellaneous provisions.--
338     (1)  When required by the laws of Florida, any obligation
339issued or incurred by the district shall be approved by the
340qualified freeholder electors.
341     (2)  Whosoever shall willfully damage any of the property
342in the special taxing district created under this act shall be
343punished as provided in the general laws for punishments for
344misdemeanors or felonies, depending upon the value of the
345property damage.
346     (3)  Any clause, sentence, paragraph, section, or part of a
347section of this act which for any reason may be declared invalid
348may be eliminated from this act, and the remaining portion
349thereof shall be in force and valid as if such invalid clause,
350section, or part of a section had not been incorporated herein.
351     (4)  It is intended that the provisions of this act shall
352be liberally construed for accomplishing the purposes provided
353therefor, or intended to be provided for by this act, and where
354a strict construction will result in the defeat of the
355accomplishment of any of the purposes provided for by this act
356and a liberal construction would permit or assist in the
357accomplishment thereof, the liberal construction thereof shall
358prevail.
359     (5)  The provisions of sections 200.071-200.141, Florida
360Statutes, shall not apply and are superseded insofar as they
361affect the power and authority of the St. Lucie County Fire
362District to levy, assess, collect, and enforce ad valorem taxes.
363     Section 4.  Chapters 96-532 and 97-356, Laws of Florida,
364are repealed.
365     Section 5.  This act shall take effect upon becoming a law.


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