HB 1291CS

CHAMBER ACTION



1The Local Government Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to the Key Largo Fire Rescue and Emergency
7Medical Services District, Monroe County; creating a
8special district; providing definitions; providing for
9creation, status, charter amendments, boundaries, and
10purposes; providing for a board of commissioners;
11providing for election and terms of commissioners;
12providing for employment of district personnel; providing
13for election of board officers; providing for
14compensation, oath, and bonds of commissioners; providing
15for powers, duties, and responsibilities of the board;
16providing for ad valorem taxes; providing a cap on the
17rate of taxation; providing for user charges; providing
18for impact fees; providing for authority to disburse
19funds; authorizing the board to borrow money; providing
20for use of district funds; requiring a record of all board
21meetings; authorizing the board to adopt policies and
22regulations; providing for the board to make an annual
23budget; requiring an annual report; authorizing the board
24to enact fire prevention ordinances; authorizing the
25district to appoint a fire marshal; authorizing the
26district to conduct inspections, establish and operate
27fire, rescue, and emergency medical services; providing
28for district authority upon annexation of district lands;
29providing for dissolution; providing immunity from tort
30liability for officers, agents, and employees; providing
31for district expansion; providing for construction and
32effect; providing for an exclusive charter; requiring a
33referendum; providing an effective date.
34
35Be It Enacted by the Legislature of the State of Florida:
36
37     Section 1.  Definitions.--As used in this act, unless
38otherwise specified:
39     (1)  "Board" means the board of commissioners created
40pursuant to this act and chapter 191, Florida Statutes.
41     (2)  "Commissioner" means a member of the board of
42commissioners of and for the district.
43     (3)  "District" means the Key Largo Fire Rescue and
44Emergency Medical Services District.
45     Section 2.  Creation; status; charter amendments;
46boundaries; district purposes.--
47     (1)  There is hereby created an independent special fire
48control district incorporating lands in Monroe County described
49in subsection (2), which shall be a public corporation having
50the powers, duties, obligations, and immunities herein set forth
51under the name of the Key Largo Fire Rescue and Emergency
52Medical Services District. The district is organized and exists
53for all purposes and shall hold all powers set forth in this act
54and chapters 189 and 191, Florida Statutes.
55     (2)  The lands to be included within the district are the
56following described lands on the island of Key Largo, in Monroe
57County, to wit:
58All of Cross Key and that part of Key Largo from South
59Bay Harbor Drive and Lobster Lane to the southern
60boundary of the right-of-way County Roads 905 and
61905A.
62     (3)  The Key Largo Fire Rescue and Emergency Medical
63Services District is organized and exists for all purposes set
64forth in this act and chapter 191, Florida Statutes, including,
65but not limited to, providing fire protection and firefighting
66services, rescue services, and emergency medical services. Such
67emergency medical services shall not be the primary function of
68the district. The district shall have all other powers necessary
69to carry out these purposes, including the authority to contract
70with the Key Largo Volunteer Fire and Rescue Department, Inc.,
71and the Key Largo Volunteer Ambulance Corps, Florida not-for-
72profit corporations, which corporations currently provide fire,
73rescue, and emergency medical services within the district
74boundaries; to purchase all necessary real and personal
75property; to purchase and carry standard insurance policies on
76all such equipment; to employ such personnel as may be necessary
77to carry out the purpose of said fire district; to provide
78adequate insurance for said employees; to purchase and carry
79appropriate insurance for the protection of all firefighters and
80personnel as well as all equipment and personal property on loan
81to the district; to sell surplus real and personal property in
82the same manner and subject to the same restrictions as provided
83for such sales by counties; and to enter into contracts with
84qualified service providers to carry out the purposes of the
85district.
86     (4)  Nothing herein shall prevent the district from
87cooperating with the state or other local governments to render
88such services to communities adjacent to the land described in
89this section as evidenced by an executed agreement between the
90cooperating agencies as approved by the board.
91     (5)  The district charter may be amended only by special
92act of the Legislature.
93     Section 3.  Board of commissioners.--
94     (1)  Pursuant to chapter 191, Florida Statutes, the
95business and affairs of the district shall be governed and
96administered by a board of five commissioners, who shall be
97qualified electors residing within the district and shall be
98elected by the qualified electors residing within the district,
99subject to the provisions of chapters 189 and 191, Florida
100Statutes, and this act. Each commissioner shall hold office
101until his or her successor is elected and qualified under the
102provisions of this act. The procedures for conducting district
103elections and for qualification of candidates and electors shall
104be pursuant to chapters 189 and 191, Florida Statutes. The
105members of the board shall serve on a nonpartisan basis for a
106term of 4 years each and shall be eligible for reelection.
107     (2)  Notwithstanding section 191.005, Florida Statutes, the
108five members of the initial board shall be elected by the
109qualified electors residing within the district at a special
110election conducted by the Supervisor of Elections of Monroe
111County to be held on or before October 4, 2005. At the initial
112election of the governing board, the candidate receiving the
113highest number of votes shall hold seat 1, the candidate
114receiving the second highest number of votes shall hold seat 3,
115the candidate receiving the third highest number of votes shall
116hold seat 5, the candidate receiving the fourth highest number
117of votes shall hold seat 2, and the candidate receiving the
118fifth highest number of votes shall hold seat 4. The three
119elected members for seats 1, 3, and 5 in the initial election
120under this act shall serve terms of 3 years each. The remaining
121two elected members for seats 2 and 4 in the initial election
122shall serve terms of 1 year each.
123     (3)  Subsequent elections of board members shall coincide
124with the general elections of this state.
125     (4)  Vacancies in office shall be filled by election, said
126election to be held coincidental with the next countywide
127general election to fill the remaining term of the seat vacated.
128The board may appoint a qualified elector of the district to act
129as commissioner until the vacancy is filled by election. A
130commissioner may be removed from office as provided by chapter
131191, Florida Statutes, or for any reason that a state or county
132officer may be removed.
133     (5)  All elections shall be noticed, called, and held
134pursuant to the provisions of the general laws of the state. The
135board shall, to the extent possible, coordinate all elections
136with countywide general or special elections in order to
137minimize cost. Elections shall be called through the adoption of
138an appropriate resolution of the district directed to the Board
139of County Commissioners of Monroe County, the Supervisor of
140Elections of Monroe County, and other appropriate officers of
141the county. The district shall reimburse county government for
142the actual cost of district elections. No commissioner shall be
143a paid employee of the district while holding said position.
144     (6)  The board may employ such personnel as deemed
145necessary for the proper function and operation of the district.
146     (7)  The salaries of district personnel and any other wages
147shall be determined by the board.
148     Section 4.  Officers; board compensation; bond.--
149     (1)  In accordance with chapter 191, Florida Statutes, each
150elected member of the board shall assume office 10 days
151following the member's election. Within 60 days after election
152of new members of said board as herein provided, the newly
153elected members shall organize by electing from their number a
154chair, vice chair, secretary, and treasurer. However, the same
155member may be both secretary and treasurer, in accordance with
156chapter 191, Florida Statutes. Nothing shall prevent the
157commissioners from electing a chair, vice chair, secretary, and
158treasurer annually.
159     (2)  Three members of the board shall constitute a quorum.
160A quorum shall be necessary for the transaction of business.
161     (3)  The commissioners may receive reimbursement for actual
162expenses incurred while performing the duties of their offices
163in accordance with general law governing per diem for public
164officials. Each commissioner shall receive from the funds of the
165district compensation for his or her services in the amount of
166$200 per month. Members may be reimbursed for travel and per
167diem expense as provided in section 112.061, Florida Statutes.
168Authorization for any additional compensation shall be pursuant
169to chapter 191, Florida Statutes.
170     (4)  Each commissioner upon taking office shall take and
171subscribe to the oath of office prescribed by s. 5(b), Art. II,
172of the State Constitution and general law. Upon taking office
173and in accordance with chapters 189 and 191, Florida Statutes,
174each commissioner shall execute to the Governor, for the benefit
175of the district, a bond of $5,000 with a qualified personal or
176corporate surety, conditioned upon the faithful performance of
177the duties of the commissioner's office and upon an accounting
178for all funds which come into his or her hands as commissioner.
179The premium for such bonds shall be paid from district funds.
180     Section 5.  Powers; duties; responsibilities.--
181     (1)  The district shall have and the board may exercise by
182majority vote all the powers and comply with the duties set
183forth in this act and chapters 189, 191, and 197, Florida
184Statutes, including, but not limited to, ad valorem taxation,
185bond issuance, and other revenue capabilities; budget
186preparation and approval; liens and foreclosure of liens;
187contractual agreements; and the adoption of ordinances and
188resolutions that are necessary to conduct district business if
189such ordinances do not conflict with any ordinance of a local
190general-purpose government within whose jurisdiction the
191district is located.
192     (2)  The board shall have the right, power, and authority
193to levy annually ad valorem taxes against the taxable property
194within the district to provide funds for the purposes of the
195district in an amount not to exceed the limit provided in
196chapter 191, Florida Statues.
197     (3)  The methods for assessing and collecting ad valorem
198taxes, impact fees, or user charges shall be as set forth in
199this act and chapter 170, chapter 189, chapter 191, chapter 197,
200or chapter 200, Florida Statues.
201     (4)  The district's planning requirements shall be as set
202forth in this act and chapters 189 and 191, Florida Statutes.
203     (5)  Requirements for financial disclosure, meeting
204notices, reporting, public records maintenance, and per diem
205expenses for officers and employees shall be as set forth in
206this act and chapters 112, 119, 189, 191, and 286, Florida
207Statutes.
208     Section 6.  Ad valorem taxes.--
209     (1)  The board shall have the authority to levy ad valorem
210taxes annually against all taxable property within the district
211to provide funds for the purposes of the district only upon the
212approval by a majority vote of those qualified electors of the
213district voting in a referendum election authorizing the use of
214ad valorem taxation not to exceed 1 mill.
215     (2)  A referendum election of the electors of the district
216to authorize the use of ad valorem taxation not to exceed 1 mill
217shall be held by the supervisor of elections at the same time as
218the initial election of district commissioners in accordance
219with the provisions of general law relating to elections.
220     (3)  Upon the approval of a majority of the electors voting
221at the initial election or at an election called by the board,
222the rate of taxation shall thereafter be fixed annually by
223resolution of the board without further approval by the
224electors, provided the rate of taxation shall not exceed 1 mill.
225The board shall have the authority to increase the millage rate
226above 1 mill only if a majority of the electors voting in a
227referendum election approve the increased millage rate in an
228amount not to exceed the limit provided in chapter 191, Florida
229Statutes.
230     (4)  The levy and collection of ad valorem taxes shall
231proceed pursuant to general law.
232     Section 7.  User charges.--The board shall have the
233authority to provide a reasonable schedule of charges for
234providing the following services:
235     (1)  Special emergency services, including firefighting
236occurring in or to structures outside the district, motor
237vehicles, marine vessels, or aircraft or as a result of the
238operation of such motor vessels or marine vessels to which the
239district is called to render such emergency service.
240     (2)  Fighting fires occurring in or at refuse dumps or as a
241result of an illegal burn, which fire, dump, or burn is not
242authorized by general or special law, rule, regulation, order,
243or ordinance and which the district is called upon to fight or
244extinguish.
245     (3)  Responding to or assisting or mitigating emergences
246that either threaten or could threaten the health and safety of
247persons, property, or the environment to which the district has
248been called, including charge for responding to false alarms.
249     (4)  Inspecting structures, plans, and equipment to
250determine compliance with fire safety codes.
251     Section 8.  Impact fees.--
252     (1)  Pursuant to section 191.009(4), Florida Statutes, it
253is hereby declared that the cost of new facilities should be
254borne by new users of the district's services to the extent new
255construction requires new facilities, but only to that extent.
256It is the legislative intent of this section to transfer to the
257new users of the district's fire protection and emergency
258services a fair share of the costs that new users impose on the
259district for new facilities. This shall only apply in the event
260that the general-purpose local government in which the district
261is located has not adopted an impact fee for fire services which
262is distributed to the district for construction within its
263jurisdictional boundaries.
264     (2)  The impact fees collected by the district pursuant to
265this section shall be kept as a separate fund from other
266revenues of the district and shall be used exclusively for the
267acquisition, purchase, or construction of new facilities or
268portions thereof required to provide fire protection and
269emergency services to new construction. "New facilities" means
270land, buildings, and capital equipment, including, but not
271limited to, fire and emergency vehicles and radio telemetry
272equipment. The fees shall not be used for the acquisition,
273purchase, or construction of facilities which must be obtained
274in any event, regardless of growth within the district. The
275board of fire commissioners shall maintain adequate records to
276ensure that impact fees are expended only for permissible new
277facilities.
278     Section 9.  Authority to borrow money.--
279     (1)  The board of commissioners shall have the power and
280authority to borrow money or issue other evidences of
281indebtedness for the purpose of the district in accordance with
282chapters 189 and 191, Florida Statutes, provided, however, that
283the total payments in any one year, including principal and
284interest, on any indebtedness incurred by the district shall not
285exceed 50 percent of the total annual budgeted revenues of the
286district.
287     (2)  The board of commissioners as a body, or any of the
288members of the board as individuals, shall not be personally or
289individually liable for the repayment of such loan. Such
290repayment shall be made out of the receipts of the district,
291except as provided in this subsection. The commissioners shall
292not create any indebtedness or incur obligations for any sum or
293amount which they are unable to repay out of district funds
294available to them at that time, except as otherwise provided in
295this act, provided, however, that the commissioners may make
296purchases of equipment on an installment basis as necessary if
297funds are available for the payment of the current year's
298installment on such equipment plus the amount due in that year
299on any other installments and the repayment of any bank loan or
300other existing indebtedness which may be due that year.
301     Section 10.  Use of district funds.--No funds of the
302district shall be used for any purposes other than the
303administration of the affairs and business of the district; the
304payment of salaries and expenses to commissioners; the
305construction, care, maintenance, upkeep, operation, and purchase
306of firefighting and rescue equipment or a fire station or
307emergency medical station; the payment of public utilities; the
308payment of salaries of district personnel; the payment of
309expenses of volunteers; the payment to the Key Largo Volunteer
310Fire and Rescue Department, Inc., and the Key Largo Volunteer
311Ambulance Corps; and such other payment and expenses as the
312board may from time to time determine to be necessary for the
313operations and effectiveness of the district.
314     Section 11.  Record of board meetings; authority to adopt
315rules and regulations; annual reports; budget.--
316     (1)  A record shall be kept of all meetings of the board,
317and in such meetings concurrence of a majority of the
318commissioners present shall be necessary to any affirmative
319action by the board.
320     (2)  The board shall have the authority to adopt and amend
321policies and regulations for the administration of the affairs
322of the district under the terms of this act and chapters 189 and
323191, Florida Statues, which shall include, but not be limited
324to, the authority to adopt the necessary rules and regulations
325for the administration and supervision of the property and
326personnel of the district; for the prevention of fires, fire
327control, fire hydrant placement, and flow testing in accordance
328with current NFPA rules; and for rescue work within the
329district.
330     (3)  The board of commissioners shall have the authority to
331adopt uniform fire prevention ordinances. Such ordinances shall
332be signed, dated, and recorded with the Clerk of the Court of
333Monroe County and published as provided by state law. Ordinances
334shall be effective after publication, which constitutes legal
335notice of same.
336     (4)  The board shall, on or before November 1, make an
337annual report of its actions and accounting of its funds as of
338September of that year and shall file said report in the office
339of the Clerk of the Circuit Court of Monroe County, whose duty
340it shall be to receive and file said report and hold and keep
341the same as a public record.
342     (5)  For the purposes of carrying into effect this act, the
343board shall annually prepare, consider, and adopt a district
344budget pursuant to the applicable requirements of chapters 189
345and 191, Florida Statutes. The board shall, at the same time as
346it makes its annual report, file its estimated budget for the
347fiscal year beginning October 1, which budget shall show the
348estimated revenue to be received by the district and the
349estimated expenditures to be incurred by the district in
350carrying out its operations. The commissioners shall adopt a
351fiscal year for said fire district, which shall be October 1 to
352September 30.
353     Section 12.  Authority to enact fire prevention ordinances
354and enter land; authority to provide fire, rescue, and emergency
355medical services.--
356     (1)  The board of commissioners shall have the right and
357power to enact fire prevention ordinances as provided by general
358law. When the provisions of such fire prevention ordinances are
359determined by the board to be violated, the office of the state
360attorney, upon written notice of such violation issued by the
361board, is authorized to prosecute such person or persons held to
362be in violation thereof. Any person found guilty of a violation
363may be punished as provided in chapter 775, Florida Statutes, as
364a misdemeanor of the second degree. The cost of such prosecution
365shall be paid out of the district funds, unless otherwise
366provided by law. The district shall have the authority to
367appoint a fire marshal, who may be a member of the Key Largo
368Fire Rescue Department, to carry out the responsibilities of the
369district fire marshal.
370     (2)  The fire marshal or duly authorized inspector shall be
371authorized to enter, at all reasonable hours, any building or
372premises for the purpose of making any inspection or
373investigation which the State Fire Marshal is authorized to make
374pursuant to state law and regulation. The owner, lessee,
375manager, or operator of any building or premises shall permit
376the district fire marshal or duly authorized inspector to enter
377and inspect the building or premises at all reasonable hours.
378The fire marshal or duly authorized inspector shall report any
379violations of state fire safety laws or regulations to the
380appropriate officials.
381     (3)  The district is authorized to establish and maintain
382emergency medical and rescue response services and acquire and
383maintain rescue, medical, and other emergency equipment, subject
384to the provisions of chapter 401, Florida Statutes.
385     Section 13.  Annexations.--If any municipality or other
386fire control district annexes any land included in the district,
387such annexation shall follow the procedures set forth in section
388171.093, Florida Statutes.
389     Section 14.  Dissolution.--The district shall exist until
390dissolved in the same manner as it was created.
391     Section 15.  Immunity from tort liability.--
392     (1)  The district and its officers, agents, and employees
393shall have the same immunity from tort liability as other
394agencies and subdivisions of the state. The provisions of
395chapter 768, Florida Statutes, shall apply to all claims
396asserted against the district.
397     (2)  The district commissioners and all officers, agents,
398and employees of the district shall have the same immunity and
399exemption from personal liability as is provided by chapter 768,
400Florida Statutes.
401     (3)  In accordance with chapter 768, Florida Statutes, the
402district shall defend all claims against the commissioners,
403officers, agents, and employees which arise within the scope of
404employment or purposes of the district and shall pay all
405judgments against said persons, except where said persons acted
406in bad faith or with malicious purpose or in a manner exhibiting
407wanton and willful disregard of human rights, safety, or
408property.
409     Section 16.  District expansion.--The corporate limits of
410the Key Largo Fire Rescue and Emergency Medical Services
411District may be extended and enlarged from time to time pursuant
412to the following procedure:
413     (1)(a)  A definitely described tract of land lying
414contiguous to the boundaries of the district described in
415section 1, or as the same may from time to time exist, or one or
416more tracts of land lying contiguous to the boundaries, or one
417or more tracts of land lying contiguous to each other with one
418of the tracts lying contiguous to the boundaries of the
419district, may be included in the district when a written
420petition for inclusion signed by a majority of the owners of the
421real property within the tract or tracts to be included in the
422district has been presented to the board of commissioners and
423the proposal has been approved by the affirmative vote of no
424fewer than three members of the board of commissioners at a
425regular meeting.
426     (b)  The petition must contain the legal description of the
427property sought to be added to the District and the names and
428addresses of the owners of the property.
429     (2)  If a proposal to add an area to the district as
430defined in subsection (1) is approved by the affirmative vote of
431no fewer than three members of the board of commissioners at a
432regular meeting, the board of commissioners shall thereafter
433adopt a resolution describing the lands to be included within
434the district and shall cause such resolution to be duly enrolled
435in the record of the meeting and a certified copy of the
436resolution to be recorded in the office of the Clerk of the
437Circuit Court in Monroe County.
438     (3)  Upon adoption of the resolution by the board, the
439district shall, pursuant to chapter 191, Florida Statutes,
440request its legislative delegation to approve said addition and
441sponsor legislation amending the district boundary. Upon
442approval by the Legislature, the boundary shall be amended.
443     (4)  In lieu of a petition from the property owners, the
444Board of County Commissioners of Monroe County by affirmative
445resolution and the Board of Commissioners of the Key Largo Fire
446Rescue and Emergency Medical Services District by affirmative
447resolution may jointly request its legislative delegation to
448approve the addition of land lying contiguous to the boundaries
449of the district and sponsor legislation amending the district
450boundary. Upon approval by the Legislature, the boundary shall
451be amended.
452     Section 17.  Construction.--This act shall be construed as
453remedial and shall be liberally construed to promote the purpose
454for which it is intended.
455     Section 18.  Effect.--In the event that any part of this
456act should be held void for any reason, such holding shall not
457affect any other part thereof.
458     Section 19.  Exclusive charter.--This act constitutes the
459exclusive charter of the Key Largo Fire Rescue and Emergency
460Medical Services District.
461     Section 20.  On or before October 4, 2005, the Board of
462County Commissioners of Monroe County shall call and the
463Supervisor of Elections of Monroe County shall conduct a
464referendum, to be held in conjunction with a special election,
465of the qualified voters of the Key Largo Fire Rescue and
466Emergency Medical Services District on the question of whether
467the Key Largo Fire Rescue and Emergency Medical Services
468District may levy ad valorem taxation up to 1 mill pursuant to
469section 6 of this act.
470     Section 21.  This act shall take effect upon becoming a
471law, except that the provisions of section 6 which authorize the
472levy of ad valorem taxation shall take effect only upon express
473approval by a majority vote of those qualified electors of the
474Key Largo Fire Rescue and Emergency Medical Services District,
475as required by Section 9 of Article VII of the State
476Constitution, voting in the referendum held pursuant to section
47720. Such election shall be held in accordance with the
478provisions of general law relating to elections.


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