HB 0631

1
A bill to be entitled
2An act relating to the St. Lucie County Fire District;  
3providing for codification of special laws relating to the
4St. Lucie County Fire District; providing legislative
5intent; amending, codifying, and reenacting all prior
6special acts; providing for incorporation as a special
7fire control district; providing district boundaries;
8providing for a governing board; providing for district
9books and audits; providing for district depositories and
10use of funds; providing for gifts, purchases, and loans;
11providing for records and adoption of rules; providing for
12annual reports; providing for rights under civil service
13and retirement laws; providing for millage and taxes;
14providing for non-ad valorem assessments and impact fees;
15providing for payment of expenses; providing for a fire
16chief; providing for a clerk-treasurer; providing for
17insurance for employees and retirees; providing for
18limitations to actions arising out of tort or negligence;
19providing for removal of fire hazards and enforcement of
20liens; providing for miscellaneous provisions; repealing
21chapters 96-532 and 97-356, Laws of Florida; providing an
22effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Pursuant to section 191.015, Florida Statutes,
27this act constitutes the codification of all special acts
28relating to St. Lucie County Fire District. It is the intent of
29the Legislature to provide a single, comprehensive special act
30charter for the district including all current legislative
31authority granted to the district by its several legislative
32enactments and any additional authority granted by this act and
33chapters 189 and 191, Florida Statutes, as they may be enacted
34from time to time. It is further the intent of this act to
35preserve all district authority.
36     Section 2.  Chapters 96-532 and 97-356, Laws of Florida,
37are codified, reenacted, amended, and repealed as herein
38provided.
39     Section 3.  The St. Lucie County Fire District is re-
40created and the charter is re-created and reenacted to read as
41follows:
42     Section 1.  Upon this act becoming a law, all of the lands
43in the County of St. Lucie shall become and be incorporated into
44an independent special taxing district to be known as the St.
45Lucie County Fire District. The purpose of the district shall be
46for fire prevention, fire suppression, emergency medical
47services, rescue, and other duties and responsibilities in St.
48Lucie County, as may be directed by the St. Lucie County Fire
49District Board of Commissioners.
50     Section 2.  The governing body of the St. Lucie County Fire
51District, hereinafter also termed "the district" or "said
52district," shall be known and designated as the Board of
53Commissioners of the St. Lucie County Fire District, hereinafter
54also termed "the board" or "said board," and shall be composed
55of seven members named and selected as provided by this act.
56Said board shall have all the powers of a body corporate,
57including the power to contract and to be contracted with under
58the name of St. Lucie County Fire District; to sue and to be
59sued; to adopt and use a common seal and to alter the same at
60its pleasure; to acquire, purchase, hold, lease, and convey such
61real estate and personal property, including equipment, as said
62board may deem proper or expedient to carry out the purposes of
63this act; to employ such attorneys, experts, agencies, and
64employees as said board may require or deem advisable; to borrow
65money and to issue negotiable promissory notes as hereinafter
66provided; and to generally exercise the powers of a public
67authority organized and existing for the purpose of fire
68prevention, fire suppression, emergency medical services,
69rescue, and other duties and responsibilities as may be directed
70by 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
73all times consist of seven members; two members to be elected by
74and from the Board of County Commissioners of St. Lucie County;
75two members to be elected by and from the City Commission of the
76City of Fort Pierce; two members to be elected by and from the
77City Council of the City of Port St. Lucie; and one member to be
78appointed by the Governor.
79     (2)  The terms of office of the two members from the Board
80of County Commissioners of St. Lucie County, the two members
81from the City Commission of the City of Fort Pierce, and the two
82members from the City Council of the City of Port St. Lucie, and
83their respective successors, shall be for periods of 2 years.
84The term of office of the seventh member appointed by the
85Governor shall be for a period of 2 years, but said seventh
86member shall continue to serve until his or her successor is
87appointed.
88     (3)  As to the two members from the Board of County
89Commissioners of St. Lucie County, the two members from the City
90Commission of the City of Fort Pierce, and the two members from
91the City Council of the City of Port St. Lucie, their
92continuance in such official capacities as members of the board
93of county commissioners, city commission, and city council shall
94be deemed an essential qualification as to their continuance as
95members of the board of commissioners of the district.
96     (4)  The commissioners of the district shall elect from
97their board a chairperson and vice chairperson annually. Four
98members of the board shall constitute a quorum. A majority of a
99quorum shall be necessary for the transaction of business. The
100chairperson shall vote at all meetings of the board.
101     Section 4.  Books; audits.--The board shall annually have
102the books audited by an independent certified public accountant
103duly registered in this state.
104     Section 5.  Depositories; use of funds.--
105     (1)  The funds of the district shall be deposited in the
106name of the district in a federal or Florida chartered bank or
107banks with a principal branch office located within St. Lucie
108County. Any such bank must be a member of the Federal Reserve
109System and a qualified public depository as defined in section
110280.02, Florida Statutes, and must be included on the authorized
111depository list published by the Bureau of Collateral
112Securities, Office of the Chief Financial Officer.  No funds of
113the district shall be paid out or disbursed except by check.
114     (2)  No funds of the district shall be used for any purpose
115other than the administration of the affairs and business of
116said district, for the construction, care, maintenance, upkeep,
117operation, and purchase of firefighting and emergency equipment,
118and for the best interest of the district as the board may
119determine.
120     Section 6.  Gifts; purchases; loans.--
121     (1)  The board shall have the power and authority to hold,
122control, and acquire, by gift or purchase, for the use of the
123district, any real or personal property and to pay the purchase
124price in installments or deferred payments and to condemn any
125lands needed for the purpose of said district. Said board is
126authorized to exercise the right of eminent domain and institute
127and maintain condemnation proceedings in the same manner as St.
128Lucie County, as other public municipalities under the laws of
129the state, or both.
130     (2)  The board is hereby authorized and empowered, in order
131to carry out the purposes of this act, to borrow money not to
132exceed $1,500,000 in any one year unless the board shall issue a
133resolution that declares a district emergency as defined in this
134section, in which case the board is authorized and empowered to
135borrow money not to exceed the sum of $4 million.  In no event,
136however, shall the total of all amounts borrowed and unpaid
137exceed the sum of $5 million. The board is further authorized
138and empowered to issue its promissory notes therefor upon such
139terms and at such rates of interest as said board may deem
140advisable, and said notes shall be a charge upon all revenues
141derived from taxes in that year.
142     (3)  An emergency for the purposes of the St. Lucie County
143Fire District is defined as:
144     (a)  A natural or manmade fire or medical disaster
145involving significant injury, death, or destruction of
146structures and requiring extensive and unforeseen use of
147overtime or additional personnel.
148     (b)  A response to a declaration of a local emergency and
149request by St. Lucie County that the district provide emergency
150services, the cost of which exceeds the annual borrowing limit
151of the district.
152     (c)  A need to replace or repair fire or emergency medical
153vehicles and equipment based on unanticipated and unforeseen
154circumstances, rather than on ordinary wear and tear, for losses
155not covered by insurance.
156     (4)  The board of commissioners of the district shall have
157the power and authority to acquire by gift or purchase and to
158pay the purchase price for such firefighting and other equipment
159as deemed reasonably necessary for the protection of property,
160safety of lives, or reduction of fire hazards to the same, in
161the district; to hire firefighting, emergency medical, civilian,
162and other personnel as needed; and to inspect all property and
163investigate for fire hazards and prescribe rules and regulations
164pertaining thereto, including the enforcement of the Florida
165Fire Prevention Code as revised from time to time.
166     (5)  The board of commissioners of the district may
167acquire, by gift or purchase, such emergency equipment and
168employ such personnel as may be determined reasonably necessary
169by the board for the operation and maintenance of emergency
170medical service within the district.
171     Section 7.  Records; adoption of rules.--The officers of
172said board of commissioners shall have the duties usually
173pertaining to, vested in, and incumbent upon like officers. A
174record shall be kept of all meetings of the board of
175commissioners. The board of commissioners may adopt such rules
176and regulations as it may deem necessary in and about the
177transaction of its business and in carrying out the provisions
178of this act.
179     Section 8.  Annual reports; fiscal year.--The board of
180commissioners shall, in a timely manner, make an annual report
181of its actions and accounting of its funds as of the end of the
182previous fiscal year and shall file said report in the office of
183the Clerk of the Circuit Court of St. Lucie County, whose duty
184it shall be to receive and file said report and hold and keep
185the same a public record. The fiscal year of said district is
186hereby fixed as commencing on October 1 and ending on September
18730.
188     Section 9.  Rights under civil service and retirement
189laws.--All rights of firefighting personnel under the civil
190service and retirement laws of the City of Fort Pierce and all
191rules and regulations pertaining thereto are hereby respectively
192preserved unto such personnel.
193     Section 10.  Millage; taxes.--
194     (1)  The Board of Commissioners of the St. Lucie County
195Fire District, a special taxing district, is hereby authorized,
196empowered, and directed annually to levy upon all the real and
197personal taxable property, including homesteads, in said
198district a sufficient tax to pay the necessary costs for the
199maintenance, operation, and support of the district, but the
200said levy to pay for the costs of operation, maintenance, and
201support of said district shall not exceed 3 mills on the dollar,
202unless otherwise authorized under chapter 191, Florida Statutes.
203     (2)  The levy by the board of the taxes authorized by any
204provision of this act or chapter 191, Florida Statutes, shall be
205by resolution of the board duly entered into the minutes of the
206board. Certified copies of such resolution executed in the name
207of the board by its chairperson, under the corporate seal, shall
208be made and delivered to the Board of County Commissioners of
209St. Lucie County and to the Chief Financial Officer of the state
210not later than July 31 of each year. Determination of millage
211and collection of taxes shall be in accordance with chapter 200,
212Florida Statutes, and other applicable laws. All such taxes
213shall be held by the board of commissioners and paid out by the
214board as provided in this act.
215     (3)  It is herein and hereby determined and declared that
216the special assessment taxes herein provided for fire
217prevention, fire suppression, emergency medical services,
218rescue, and other duties and responsibilities as may be directed
219by the St. Lucie County Fire District Board of Commissioners are
220special assessments for special or peculiar benefits accruing to
221the properties within the special taxing district herein created
222against which properties said levies are directed to be made. It
223is also herein and hereby found, determined, and declared that
224fire prevention, fire suppression, emergency medical services,
225rescue, and other duties and responsibilities as may be directed
226by the St. Lucie County Fire District Board of Commissioners,
227within such special taxing district herein created, are public
228purposes 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
231special taxing district all expenses of the organization of said
232board and all expenses necessarily incurred in the formation of
233said district and all other reasonable and necessary expenses,
234including the fees and expenses of an attorney in the
235transaction of the business of the special taxing district and
236in carrying out and accomplishing the purposes of this act.
237     (2)  The funds of the district shall be paid out only upon
238checks signed by the chairperson or vice chairperson and clerk-
239treasurer either manually or by facsimile signature. No check
240shall be drawn or issued against funds of the district except
241for a purpose authorized by this act. No check against funds of
242the district shall be drawn or issued until after the account or
243expenditure for which the same is to be given and payment has
244been ordered and approved by the board of commissioners.
245     Section 12.  Fire chief.--The board shall appoint and
246employ a fire chief who shall serve at the will of the board as
247chief officer of the fire district; who shall maintain and
248operate all divisions of the district; and who shall enforce the
249laws and all rules prescribed by the State Fire Marshal in
250accordance with chapter 633, Florida Statutes.
251     Section 13.  Clerk-treasurer.--The board shall appoint and
252employ a clerk-treasurer who shall serve at the will of the
253board. The clerk-treasurer of the district shall be the
254financial officer of the district and shall also maintain the
255records of the district. The clerk-treasurer shall be required
256to give to the board of commissioners of the district a good and
257sufficient surety bond in the sum of $10,000 conditioned on his
258or her faithfully performing the duties of the office and well
259and truly accounting for all moneys of the district coming into
260his or her custody and/or control. The premium of the bond shall
261be paid out of the funds of the district and shall be approved
262by the board of commissioners.
263     Section 14.  Insurance for employees and dependents;
264retirees.--
265     (1)  The St. Lucie County Fire District may, through its
266board of commissioners, pay out of any of its available funds
267all or part of the premiums or charges for life, health,
268accident, or hospitalization insurance provided for its
269employees and the families of such employees.
270     (2)  The St. Lucie County Fire District, which provides for
271its officers, employees, and their dependents life, health,
272accident, hospitalization, or annuity insurance, or all of any
273kind of such insurance, upon a group insurance plan or self-
274insurance plan, may allow retired former personnel and their
275eligible dependents the option of continuing to participate in
276such group insurance plan or self-insurance plan. The cost of
277any such continued participation or any portion thereof for the
278retired employees may only be paid by the employer or by the
279retired employees. Any such coverage continued on behalf of the
280dependents of a retired employee shall be paid for entirely by
281the retiree. In addition, the St. Lucie County Fire District may
282commingle the claims experience of the retiree group with the
283claims experience of the active employees. Premiums resulting
284from the commingling, or any portion thereof, may be paid by the
285employer or retired employee. However, the St. Lucie County Fire
286District may pay all or a portion of the cost of any such
287continued participation if it so desires.
288     Section 15.  Torts; negligence.--
289     (1)  No action shall be brought against the St. Lucie
290County Fire District for any negligent or wrongful injury or
291damage to persons or property unless brought within 12 months
292after the time of the injury or damage.
293     (2)  No suit arising out of any action in tort or sounding
294in tort shall be maintained against the St. Lucie County Fire
295District unless written notice of the claim, giving time, place,
296and circumstances of the injury or damage, is given to the
297chairperson, the vice chairperson, or the clerk-treasurer of the
298district within 30 days after the occurrence of the injury or
299damage.
300     Section 16.  Removal of fire hazards; enforcement of
301liens.--
302     (1)  For the purpose of promoting the safety and general
303welfare of the community, the Board of Commissioners of the St.
304Lucie County Fire District may, by resolution, require that
305lands in St. Lucie County be cleared of weeds, debris, and any
306materials which create a fire hazard.
307     (2)  If any property owner in St. Lucie County fails to
308comply with the requirements of a resolution adopted under
309subsection (1), the board may serve written demand on such
310property owner that his or her land be cleared in accordance
311with the provisions of such resolution. Such demand shall be by
312registered mail, directed to the owner at his or her address as
313shown on the current tax roll of the county. It shall notify the
314owner that if said demand is not complied with within 30 days
315from the date thereof, the land described therein will be
316cleared or caused to be cleared by the St. Lucie County Fire
317District and the cost thereof, including a service charge to be
318established by the board, will constitute a lien against said
319land.
320     (3)  If any property owner fails to comply with such
321written demand, the board may clear or cause to be cleared the
322land and by resolution assess a lien on behalf of the St. Lucie
323County Fire District against the land for the cost of clearing,
324including the service charge. A notice of lien in such form as
325the board may determine shall be recorded in the office of the
326Clerk of the Circuit Court of the county. The notice of lien
327shall be prima facie evidence of the debt to the St. Lucie
328County Fire District, bearing interest at the legal rate, and
329may be foreclosed as mortgages are foreclosed in the circuit
330court.  The lien shall become void 20 years after the date of
331the execution of the notice of lien.
332     Section 17.  Miscellaneous provisions.--
333     (1)  When required by the laws of Florida, any obligation
334issued or incurred by the district shall be approved by the
335qualified freeholder electors.
336     (2)  Whosoever shall willfully damage any of the property
337in the special taxing district created under this act shall be
338punished as provided in the general laws for punishments for
339misdemeanors or felonies, depending upon the value of the
340property damage.
341     (3)  Any clause, sentence, paragraph, section, or part of a
342section of this act which for any reason may be declared invalid
343may be eliminated from this act, and the remaining portion
344thereof shall be in force and valid as if such invalid clause,
345section, or part of a section had not been incorporated herein.
346     (4)  It is intended that the provisions of this act shall
347be liberally construed for accomplishing the purposes provided
348therefor, or intended to be provided for by this act, and where
349a strict construction will result in the defeat of the
350accomplishment of any of the purposes provided for by this act
351and a liberal construction would permit or assist in the
352accomplishment thereof, the liberal construction thereof shall
353prevail.
354     (5)  The provisions of sections 200.071-200.141, Florida
355Statutes, shall not apply and are superseded insofar as they
356affect the power and authority of the St. Lucie County Fire
357District to levy, assess, collect, and enforce ad valorem taxes.
358     Section 4.  Chapters 96-532 and 97-356, Laws of Florida,
359are repealed.
360     Section 5.  This act shall take effect upon becoming a law.


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