HB 1291

1
A bill to be entitled
2An act relating to the Key Largo Fire Rescue and Emergency
3Medical Services District, Monroe County; creating a
4special district; providing definitions; providing for
5creation, status, charter amendments, boundaries, and
6purposes; providing for a board of commissioners;
7providing for election and terms of commissioners;
8providing for employment of district personnel; providing
9for election of board officers; providing for
10compensation, oath, and bonds of commissioners; providing
11for powers, duties, and responsibilities of the board;
12providing for ad valorem taxes; providing a cap on the
13rate of taxation; providing for user charges; providing
14for impact fees; providing for authority to disburse
15funds; authorizing the board to borrow money; providing
16for use of district funds; requiring a record of all board
17meetings; authorizing the board to adopt policies and
18regulations; providing for the board to make an annual
19budget; requiring an annual report; authorizing the board
20to enact fire prevention ordinances; authorizing the
21district to appoint a fire marshal; authorizing the
22district to conduct inspections, establish and operate
23fire, rescue, and emergency medical services; providing
24for district authority upon annexation of district lands;
25providing for dissolution; providing immunity from tort
26liability for officers, agents, and employees; providing
27for district expansion; providing for construction and
28effect; providing for an exclusive charter; requiring a
29referendum; providing an effective date.
30
31Be It Enacted by the Legislature of the State of Florida:
32
33     Section 1.  Definitions.--As used in this act, unless
34otherwise specified:
35     (1)  "Board" means the board of commissioners created
36pursuant to this act and chapter 191, Florida Statutes.
37     (2)  "Commissioner" means a member of the board of
38commissioners of and for the district.
39     (3)  "District" means the Key Largo Fire Rescue and
40Emergency Medical Services District.
41     Section 2.  Creation; status; charter amendments;
42boundaries; district purposes.--
43     (1)  There is hereby created an independent special fire
44control district incorporating lands in Monroe County described
45in subsection (2), which shall be a public corporation having
46the powers, duties, obligations, and immunities herein set forth
47under the name of the Key Largo Fire Rescue and Emergency
48Medical Services District. The district is organized and exists
49for all purposes and shall hold all powers set forth in this act
50and chapters 189 and 191, Florida Statutes.
51     (2)  The lands to be included within the district are the
52following described lands on the island of Key Largo, in Monroe
53County, to wit:
54All of Cross Key and that part of Key Largo from South
55Bay Harbor Drive and Lobster Lane to the southern
56boundary of the right-of-way County Roads 905 and
57905A.
58     (3)  The Key Largo Fire Rescue and Emergency Medical
59Services District is organized and exists for all purposes set
60forth in this act and chapter 191, Florida Statutes, including,
61but not limited to, providing fire protection and firefighting
62services, rescue services, and emergency medical services. Such
63emergency medical services shall not be the primary function of
64the district. The district shall have all other powers necessary
65to carry out these purposes, including the authority to contract
66with the Key Largo Volunteer Fire and Rescue Department, Inc.,
67and the Key Largo Volunteer Ambulance Corps, Florida not-for-
68profit corporations, which corporations currently provide fire,
69rescue, and emergency medical services within the district
70boundaries; to purchase all necessary real and personal
71property; to purchase and carry standard insurance policies on
72all such equipment; to employ such personnel as may be necessary
73to carry out the purpose of said fire district; to provide
74adequate insurance for said employees; to purchase and carry
75appropriate insurance for the protection of all firefighters and
76personnel as well as all equipment and personal property on loan
77to the district; to sell surplus real and personal property in
78the same manner and subject to the same restrictions as provided
79for such sales by counties; and to enter into contracts with
80qualified service providers to carry out the purposes of the
81district.
82     (4)  Nothing herein shall prevent the district from
83cooperating with the state or other local governments to render
84such services to communities adjacent to the land described in
85this section as evidenced by an executed agreement between the
86cooperating agencies as approved by the board.
87     (5)  The district charter may be amended only by special
88act of the Legislature.
89     Section 3.  Board of commissioners.--
90     (1)  Pursuant to chapter 191, Florida Statutes, the
91business and affairs of the district shall be governed and
92administered by a board of five commissioners, who shall be
93qualified electors residing within the district and shall be
94elected by the qualified electors residing within the district,
95subject to the provisions of chapters 189 and 191, Florida
96Statutes, and this act. Each commissioner shall hold office
97until his or her successor is elected and qualified under the
98provisions of this act. The procedures for conducting district
99elections and for qualification of candidates and electors shall
100be pursuant to chapters 189 and 191, Florida Statutes. The
101members of the board shall serve on a nonpartisan basis for a
102term of 4 years each and shall be eligible for reelection.
103     (2)  Notwithstanding section 191.005, Florida Statutes, the
104five members of the initial board shall be elected by the
105qualified electors residing within the district at a special
106election conducted by the Supervisor of Elections of Monroe
107County to be held on or before October 4, 2005. At the initial
108election of the governing board, the candidate receiving the
109highest number of votes shall hold seat 1, the candidate
110receiving the second highest number of votes shall hold seat 3,
111the candidate receiving the third highest number of votes shall
112hold seat 5, the candidate receiving the fourth highest number
113of votes shall hold seat 2, and the candidate receiving the
114fifth highest number of votes shall hold seat 4. The three
115elected members for seats 1, 3, and 5 in the initial election
116under this act shall serve terms of 3 years each. The remaining
117two elected members for seats 2 and 4 in the initial election
118shall serve terms of 1 year each.
119     (3)  Subsequent elections of board members shall coincide
120with the general elections of this state.
121     (4)  Vacancies in office shall be filled by election, said
122election to be held coincidental with the next countywide
123general election to fill the remaining term of the seat vacated.
124The board may appoint a qualified elector of the district to act
125as commissioner until the vacancy is filled by election. A
126commissioner may be removed from office as provided by chapter
127191, Florida Statutes, or for any reason that a state or county
128officer may be removed.
129     (5)  All elections shall be noticed, called, and held
130pursuant to the provisions of the general laws of the state. The
131board shall, to the extent possible, coordinate all elections
132with countywide general or special elections in order to
133minimize cost. Elections shall be called through the adoption of
134an appropriate resolution of the district directed to the Board
135of County Commissioners of Monroe County, the Supervisor of
136Elections of Monroe County, and other appropriate officers of
137the county. The district shall reimburse county government for
138the actual cost of district elections. No commissioner shall be
139a paid employee of the district while holding said position.
140     (6)  The board may employ such personnel as deemed
141necessary for the proper function and operation of the district.
142     (7)  The salaries of district personnel and any other wages
143shall be determined by the board.
144     Section 4.  Officers; board compensation; bond.--
145     (1)  In accordance with chapter 191, Florida Statutes, each
146elected member of the board shall assume office 10 days
147following the member's election. Within 60 days after election
148of new members of said board as herein provided, the newly
149elected members shall organize by electing from their number a
150chair, vice chair, secretary, and treasurer. However, the same
151member may be both secretary and treasurer, in accordance with
152chapter 191, Florida Statutes. Nothing shall prevent the
153commissioners from electing a chair, vice chair, secretary, and
154treasurer annually.
155     (2)  Three members of the board shall constitute a quorum.
156A quorum shall be necessary for the transaction of business.
157     (3)  The commissioners may receive reimbursement for actual
158expenses incurred while performing the duties of their offices
159in accordance with general law governing per diem for public
160officials. Each commissioner shall receive from the funds of the
161district compensation for his or her services in the amount of
162$200 per month. Members may be reimbursed for travel and per
163diem expense as provided in section 112.061, Florida Statutes.
164Authorization for any additional compensation shall be pursuant
165to chapter 191, Florida Statutes.
166     (4)  Each commissioner upon taking office shall take and
167subscribe to the oath of office prescribed by s. 5(b), Art. II,
168of the State Constitution and general law. Upon taking office
169and in accordance with chapters 189 and 191, Florida Statutes,
170each commissioner shall execute to the Governor, for the benefit
171of the district, a bond of $5,000 with a qualified personal or
172corporate surety, conditioned upon the faithful performance of
173the duties of the commissioner's office and upon an accounting
174for all funds which come into his or her hands as commissioner.
175The premium for such bonds shall be paid from district funds.
176     Section 5.  Powers; duties; responsibilities.--
177     (1)  The district shall have and the board may exercise by
178majority vote all the powers and comply with the duties set
179forth in this act and chapters 189, 191, and 197, Florida
180Statutes, including, but not limited to, ad valorem taxation,
181bond issuance, and other revenue capabilities; budget
182preparation and approval; liens and foreclosure of liens;
183contractual agreements; and the adoption of ordinances and
184resolutions that are necessary to conduct district business if
185such ordinances do not conflict with any ordinance of a local
186general-purpose government within whose jurisdiction the
187district is located.
188     (2)  The board shall have the right, power, and authority
189to levy annually ad valorem taxes against the taxable property
190within the district to provide funds for the purposes of the
191district in an amount not to exceed the limit provided in
192chapter 191, Florida Statues.
193     (3)  The methods for assessing and collecting ad valorem
194taxes, impact fees, or user charges shall be as set forth in
195this act and chapter 170, chapter 189, chapter 191, chapter 197,
196or chapter 200, Florida Statues.
197     (4)  The district's planning requirements shall be as set
198forth in this act and chapters 189 and 191, Florida Statutes.
199     (5)  Requirements for financial disclosure, meeting
200notices, reporting, public records maintenance, and per diem
201expenses for officers and employees shall be as set forth in
202this act and chapters 112, 119, 189, 191, and 286, Florida
203Statutes.
204     Section 6.  Ad valorem taxes.--
205     (1)  The board shall have the authority to levy ad valorem
206taxes annually against all taxable property within the district
207to provide funds for the purposes of the district only upon the
208approval by a majority vote of those qualified electors of the
209district voting in a referendum election authorizing the use of
210ad valorem taxation not to exceed 1 mill.
211     (2)  A referendum election of the electors of the district
212to authorize the use of ad valorem taxation not to exceed 1 mill
213shall be held by the supervisor of elections at the same time as
214the initial election of district commissioners in accordance
215with the provisions of general law relating to elections.
216     (3)  Upon the approval of a majority of the electors voting
217at the initial election or at an election called by the board,
218the rate of taxation shall thereafter be fixed annually by
219resolution of the board without further approval by the
220electors, provided the rate of taxation shall not exceed 1 mill.
221The board shall have the authority to increase the millage rate
222above 1 mill only if a majority of the electors voting in a
223referendum election approve the increased millage rate in an
224amount not to exceed the limit provided in chapter 191, Florida
225Statutes.
226     (4)  The levy and collection of ad valorem taxes shall
227proceed pursuant to general law.
228     Section 7.  User charges.--The board shall have the
229authority to provide a reasonable schedule of charges for
230providing the following services:
231     (1)  Special emergency services, including firefighting
232occurring in or to structures outside the district, motor
233vehicles, marine vessels, or aircraft or as a result of the
234operation of such motor vessels or marine vessels to which the
235district is called to render such emergency service.
236     (2)  Fighting fires occurring in or at refuse dumps or as a
237result of an illegal burn, which fire, dump, or burn is not
238authorized by general or special law, rule, regulation, order,
239or ordinance and which the district is called upon to fight or
240extinguish.
241     (3)  Responding to or assisting or mitigating emergences
242that either threaten or could threaten the health and safety of
243persons, property, or the environment to which the district has
244been called, including charge for responding to false alarms.
245     (4)  Inspecting structures, plans, and equipment to
246determine compliance with fire safety codes.
247     Section 8.  Impact fees.--
248     (1)  Pursuant to section 191.009(4), Florida Statutes, it
249is hereby declared that the cost of new facilities should be
250borne by new users of the district's services to the extent new
251construction requires new facilities, but only to that extent.
252It is the legislative intent of this section to transfer to the
253new users of the district's fire protection and emergency
254services a fair share of the costs that new users impose on the
255district for new facilities. This shall only apply in the event
256that the general-purpose local government in which the district
257is located has not adopted an impact fee for fire services which
258is distributed to the district for construction within its
259jurisdictional boundaries.
260     (2)  The impact fees collected by the district pursuant to
261this section shall be kept as a separate fund from other
262revenues of the district and shall be used exclusively for the
263acquisition, purchase, or construction of new facilities or
264portions thereof required to provide fire protection and
265emergency services to new construction. "New facilities" means
266land, buildings, and capital equipment, including, but not
267limited to, fire and emergency vehicles and radio telemetry
268equipment. The fees shall not be used for the acquisition,
269purchase, or construction of facilities which must be obtained
270in any event, regardless of growth within the district. The
271board of fire commissioners shall maintain adequate records to
272ensure that impact fees are expended only for permissible new
273facilities.
274     Section 9.  Authority to borrow money.--
275     (1)  The board of commissioners shall have the power and
276authority to borrow money or issue other evidences of
277indebtedness for the purpose of the district in accordance with
278chapters 189 and 191, Florida Statutes, provided, however, that
279the total payments in any one year, including principal and
280interest, on any indebtedness incurred by the district shall not
281exceed 50 percent of the total annual budgeted revenues of the
282district.
283     (2)  The board of commissioners as a body, or any of the
284members of the board as individuals, shall not be personally or
285individually liable for the repayment of such loan. Such
286repayment shall be made out of the receipts of the district,
287except as provided in this subsection. The commissioners shall
288not create any indebtedness or incur obligations for any sum or
289amount which they are unable to repay out of district funds
290available to them at that time, except as otherwise provided in
291this act, provided, however, that the commissioners may make
292purchases of equipment on an installment basis as necessary if
293funds are available for the payment of the current year's
294installment on such equipment plus the amount due in that year
295on any other installments and the repayment of any bank loan or
296other existing indebtedness which may be due that year.
297     Section 10.  Use of district funds.--No funds of the
298district shall be used for any purposes other than the
299administration of the affairs and business of the district; the
300payment of salaries and expenses to commissioners; the
301construction, care, maintenance, upkeep, operation, and purchase
302of firefighting and rescue equipment or a fire station or
303emergency medical station; the payment of public utilities; the
304payment of salaries of district personnel; the payment of
305expenses of volunteers; the payment to the Key Largo Volunteer
306Fire and Rescue Department, Inc., and the Key Largo Volunteer
307Ambulance Corps; and such other payment and expenses as the
308board may from time to time determine to be necessary for the
309operations and effectiveness of the district.
310     Section 11.  Record of board meetings; authority to adopt
311rules and regulations; annual reports; budget.--
312     (1)  A record shall be kept of all meetings of the board,
313and in such meetings concurrence of a majority of the
314commissioners present shall be necessary to any affirmative
315action by the board.
316     (2)  The board shall have the authority to adopt and amend
317policies and regulations for the administration of the affairs
318of the district under the terms of this act and chapters 189 and
319191, Florida Statues, which shall include, but not be limited
320to, the authority to adopt the necessary rules and regulations
321for the administration and supervision of the property and
322personnel of the district; for the prevention of fires, fire
323control, fire hydrant placement, and flow testing in accordance
324with current NFPA rules; and for rescue work within the
325district.
326     (3)  The board of commissioners shall have the authority to
327adopt uniform fire prevention ordinances. Such ordinances shall
328be signed, dated, and recorded with the Clerk of the Court of
329Monroe County and published as provided by state law. Ordinances
330shall be effective after publication, which constitutes legal
331notice of same.
332     (4)  The board shall, on or before November 1, make an
333annual report of its actions and accounting of its funds as of
334September of that year and shall file said report in the office
335of the Clerk of the Circuit Court of Monroe County, whose duty
336it shall be to receive and file said report and hold and keep
337the same as a public record.
338     (5)  For the purposes of carrying into effect this act, the
339board shall annually prepare, consider, and adopt a district
340budget pursuant to the applicable requirements of chapters 189
341and 191, Florida Statutes. The board shall, at the same time as
342it makes its annual report, file its estimated budget for the
343fiscal year beginning October 1, which budget shall show the
344estimated revenue to be received by the district and the
345estimated expenditures to be incurred by the district in
346carrying out its operations. The commissioners shall adopt a
347fiscal year for said fire district, which shall be October 1 to
348September 30.
349     Section 12.  Authority to enact fire prevention ordinances
350and enter land; authority to provide fire, rescue, and emergency
351medical services.--
352     (1)  The board of commissioners shall have the right and
353power to enact fire prevention ordinances as provided by general
354law. When the provisions of such fire prevention ordinances are
355determined by the board to be violated, the office of the state
356attorney, upon written notice of such violation issued by the
357board, is authorized to prosecute such person or persons held to
358be in violation thereof. Any person found guilty of a violation
359may be punished as provided in chapter 775, Florida Statutes, as
360a misdemeanor of the second degree. The cost of such prosecution
361shall be paid out of the district funds, unless otherwise
362provided by law. The district shall have the authority to
363appoint a fire marshal, who may be a member of the Key Largo
364Fire Rescue Department, to carry out the responsibilities of the
365district fire marshal.
366     (2)  The fire marshal or duly authorized inspector shall be
367authorized to enter, at all reasonable hours, any building or
368premises for the purpose of making any inspection or
369investigation which the State Fire Marshal is authorized to make
370pursuant to state law and regulation. The owner, lessee,
371manager, or operator of any building or premises shall permit
372the district fire marshal or duly authorized inspector to enter
373and inspect the building or premises at all reasonable hours.
374The fire marshal or duly authorized inspector shall report any
375violations of state fire safety laws or regulations to the
376appropriate officials.
377     (3)  The district is authorized to establish and maintain
378emergency medical and rescue response services and acquire and
379maintain rescue, medical, and other emergency equipment, subject
380to the provisions of chapter 401, Florida Statutes.
381     Section 13.  Annexations.--If any municipality or other
382fire control district annexes any land included in the district,
383such annexation shall follow the procedures set forth in section
384171.093, Florida Statutes.
385     Section 14.  Dissolution.--The district shall exist until
386dissolved in the same manner as it was created.
387     Section 15.  Immunity from tort liability.--
388     (1)  The district and its officers, agents, and employees
389shall have the same immunity from tort liability as other
390agencies and subdivisions of the state. The provisions of
391chapter 768, Florida Statutes, shall apply to all claims
392asserted against the district.
393     (2)  The district commissioners and all officers, agents,
394and employees of the district shall have the same immunity and
395exemption from personal liability as is provided by chapter 768,
396Florida Statutes.
397     (3)  In accordance with chapter 768, Florida Statutes, the
398district shall defend all claims against the commissioners,
399officers, agents, and employees which arise within the scope of
400employment or purposes of the district and shall pay all
401judgments against said persons, except where said persons acted
402in bad faith or with malicious purpose or in a manner exhibiting
403wanton and willful disregard of human rights, safety, or
404property.
405     Section 16.  District expansion.--The corporate limits of
406the Key Largo Fire Rescue and Emergency Medical Services
407District may be extended and enlarged from time to time pursuant
408to the following procedure:
409     (1)(a)  A definitely described tract of land lying
410contiguous to the boundaries of the district described in
411section 1, or as the same may from time to time exist, or one or
412more tracts of land lying contiguous to the boundaries, or one
413or more tracts of land lying contiguous to each other with one
414of the tracts lying contiguous to the boundaries of the
415district, may be included in the district when a written
416petition for inclusion signed by a majority of the owners of the
417real property within the tract or tracts to be included in the
418district has been presented to the board of commissioners and
419the proposal has been approved by the affirmative vote of no
420fewer than three members of the board of commissioners at a
421regular meeting.
422     (b)  The petition must contain the legal description of the
423property sought to be added to the District and the names and
424addresses of the owners of the property.
425     (2)  If a proposal to add an area to the district as
426defined in subsection (1) is approved by the affirmative vote of
427no fewer than three members of the board of commissioners at a
428regular meeting, the board of commissioners shall thereafter
429adopt a resolution describing the lands to be included within
430the district and shall cause such resolution to be duly enrolled
431in the record of the meeting and a certified copy of the
432resolution to be recorded in the office of the Clerk of the
433Circuit Court in Monroe County.
434     (3)  Upon adoption of the resolution by the board, the
435district shall, pursuant to chapter 191, Florida Statutes,
436request its legislative delegation to approve said addition and
437sponsor legislation amending the district boundary. Upon
438approval by the Legislature, the boundary shall be amended.
439     (4)  In lieu of a petition from the property owners, the
440Board of County Commissioners of Monroe County by affirmative
441resolution and the Board of Commissioners of the Key Largo Fire
442Rescue and Emergency Medical Services District by affirmative
443resolution may jointly request its legislative delegation to
444approve the addition of land lying contiguous to the boundaries
445of the district and sponsor legislation amending the district
446boundary. Upon approval by the Legislature, the boundary shall
447be amended.
448     Section 17.  Construction.--This act shall be construed as
449remedial and shall be liberally construed to promote the purpose
450for which it is intended.
451     Section 18.  Effect.--In the event that any part of this
452act should be held void for any reason, such holding shall not
453affect any other part thereof.
454     Section 19.  Exclusive charter.--This act constitutes the
455exclusive charter of the Key Largo Fire Rescue and Emergency
456Medical Services District.
457     Section 20.  On or before October 4, 2005, the Board of
458County Commissioners of Monroe County shall call and the
459Supervisor of Elections of Monroe County shall conduct a
460referendum, to be held in conjunction with a special election,
461of the qualified voters of the Key Largo Fire Rescue and
462Emergency Medical Services District on the question of whether
463the Key Largo Fire Rescue and Emergency Medical Services
464District may levy ad valorem taxation up to 1 mill pursuant to
465section 6 of this act.
466     Section 21.  This act shall take effect upon becoming a
467law, except that the provisions of section 6 which authorize the
468levy of ad valorem taxation shall take effect only upon express
469approval by a majority vote of those qualified electors of the
470Key Largo Fire Rescue and Emergency Medical Services District,
471as required by Section 9 of Article VII of the State
472Constitution, voting in the referendum held pursuant to section
47320. Such election shall be held in accordance with the
474provisions of general law relating to elections.


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