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| 37 | are codified, reenacted, amended, and repealed as herein |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