HB 1321

1
A bill to be entitled
2An act relating to the Dorcas Fire District, Okaloosa
3County; codifying the district's ordinances; providing
4intent; re-creating and providing a charter for the
5district; providing district boundaries; providing
6purposes; providing definitions; providing for the
7election of a district board of commissioners; providing
8for terms of office; providing for officers and meetings
9of the board; providing for commissioners' compensation
10and expenses; requiring a bond; providing for records;
11providing general and special powers of the district;
12exempting district assets and property from taxation;
13providing requirements and procedures for the levy of ad
14valorem taxes, non-ad valorem assessments, user charges,
15and impact fees; providing for referenda; providing for
16enforcement; providing for requirements and procedures for
17issuance of bonds; providing for expansion and merger of
18the district boundaries; providing for severability;
19providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  This act constitutes the codification of all
24ordinances relating to the Dorcas Fire District. It is the
25intent of the Legislature in enacting this act to provide a
26single, comprehensive special act charter for the district,
27including all current legislative enactments and any additional
28authority granted by this act.
29     Section 2.  The Dorcas Fire District is re-created and
30reenacted to read:
31     Section 1.  Creation; intent.--The Dorcas Fire District is
32re-created as an independent fire control district which shall
33operate pursuant to this special act and the provisions of
34chapter 191, Florida Statutes, the Independent Special Fire
35Control District Act, and all other general laws, whether
36referenced herein or not, which are applicable to independent
37special districts.
38     Section 2.  Creation; boundaries.--
39     (1)  All of the following lands in Okaloosa County shall be
40incorporated as an independent special fire control district,
41which shall be a public municipal corporation for the public
42benefit, with perpetual existence, to be known as the Dorcas
43Fire District in which name it may sue and be sued, lease, own,
44possess, and convey real and personal property, by purchase or
45gift or otherwise, to carry out the purposes of this act. The
46lands so incorporated shall include the following:
47
48Commence at northwest corner of Section 7, Township 4
49North, Range 22 West; thence east along Section line to
50Okaloosa County line; thence south along Okaloosa
51County line to southeast corner of Section 36, Township
523 North, Range 22 West; thence west along Section line
53to Shoal River; thence northeasterly along Shoal River
54to west Section line of Section 6, Township 3 North,
55Range 22 West; thence north along Section line to point
56of beginning. Okaloosa County, Florida.
57
58     (2)  Any lands within a municipality included in the
59boundaries of the district as described herein shall be excluded
60from the district and its jurisdiction. If any area, tract, or
61parcel of land within the boundaries of the district shall
62hereafter become annexed to a municipality, such area, tract, or
63parcel of land shall be excluded from the district effective the
64next January 1 following such annexation by a municipality.
65Nothing contained in this act shall preclude any municipality
66from annexing lands to the territorial limits of the
67municipality even if such land is included within the district.
68     (3)  Should any part of the territory covered in this act
69be held not to be included herein, then this act shall continue
70in effect as to the balance of the territory.
71     Section 3.  Intent.--The purposes of this act are to:
72     (1)  Comply with chapter 97-256, Laws of Florida, which
73calls for the codification of charters of all independent
74special fire control districts as defined in section 191.003,
75Florida Statutes, which were created by special law or general
76law of local application.
77     (2)  Provide standards, direction, and procedures
78concerning the operation and governance of the special fire
79control district known as the Dorcas Fire District.
80     (3)  Provide greater uniformity between the Dorcas Fire
81District and other independent special fire control districts.
82     (4)  Provide greater uniformity in the financing authority
83of the Dorcas Fire District without hampering the efficiency and
84effectiveness of current authorized and implemented methods and
85procedures of raising revenues.
86     (5)  Improve communication and coordination between the
87Dorcas Fire District and other local governments with respect to
88short-range and long-range planning to meet the demands for
89service delivery while maintaining fiscal responsibility.
90     (6)  Provide uniform procedures for electing members of the
91governing board of the Dorcas Fire District to ensure greater
92accountability to the public.
93     Section 4.  Definitions.--
94     (1)  "Board" means the governing board of the Dorcas Fire
95District.
96     (2)  "District" means the Dorcas Fire District, an
97independent special fire control district as defined in section
98191.003, Florida Statutes.
99     (3)  "Elector" means a person who is a resident of the
100Dorcas Fire District and is qualified to vote in a general
101election within Okaloosa County.
102     (4)  "Emergency medical service" means basic and advanced
103life support service as defined in section 401.23, Florida
104Statutes.
105     (5)  "Rescue response service" means an initial response to
106an emergency or accident situation, including, but not limited
107to, a plane crash, a trench or building collapse, a swimming or
108boating accident, or a motor vehicle accident.
109     Section 5.  District board of commissioners; membership,
110terms of office, officers, meetings.--
111     (1)(a)  The business affairs of the district shall be
112conducted and administered by a five-member board. The board
113shall be elected in nonpartisan elections by the electors of the
114district. Except as provided in this act, such elections shall
115be held at a time and in a manner prescribed by law for holding
116general elections in accordance with section 189.405, Florida
117Statutes, and each member shall be elected for a term of 4 years
118and serve until the member's successor assumes office.
119Candidates for the board of the district shall qualify with the
120Okaloosa County Supervisor of Elections. All candidates may
121qualify by paying a filing fee of at least $25 or by obtaining
122the signatures of at least 25 registered electors of the
123district on petition forms provided by the supervisor of
124elections which petitions shall be submitted and checked in the
125same manner as petitions filed by nonpartisan judicial
126candidates pursuant to section 105.035, Florida Statutes.
127     (b)  The members of the board shall be elected by the
128electors of the district in the manner provided in this section.
129The office of each member of the board is designated as being a
130seat on the board, distinguished from each of the other seats by
131a numeral: 1, 2, 3, 4, or 5. The numerical seat designation does
132not designate a geographical subdistrict. Each candidate for a
133seat on the board shall designate, at the time the candidate
134qualifies, the seat on the board for which the candidate is
135qualifying. The name of each candidate who qualifies for
136election to a seat on the board shall be included on the ballot
137in a way that clearly indicates the seat for which the candidate
138is a candidate. The candidate for each seat who receives the
139most votes cast for a candidate for the seat shall be elected to
140the board.
141     (2)  Each member of the board must be a qualified elector
142at the time he or she qualifies and continually throughout his
143or her term.
144     (3)  Each elected member of the board shall assume office
14510 days following the member's election. Annually, within 60
146days after the newly elected members have taken office, the
147board shall organize by electing from its members a chair, a
148vice chair, a secretary, and a treasurer. The positions of
149secretary and treasure may be held by one member. Funds of the
150district may be disbursed only upon the order or pursuant to
151resolution of the board. However, a petty cash account may be
152authorized by the board. The board may give the treasurer
153additional powers and duties that it deems appropriate.
154     (4)  Members of the board may each be paid a salary or
155honorarium to be determined by at least a majority plus one vote
156of the board, which salary or honorarium may not exceed $500 per
157month for each member. Special notice of any meeting at which
158the board will consider a salary change for a board member shall
159be published at least once, at least 14 days prior to the
160meeting, in a newspaper of general circulation in Okaloosa
161County. Separate compensation for the board member serving as
162treasurer may be authorized by like vote so long as total
163compensation for the board member does not exceed $500 per
164month. Members may be reimbursed for travel and per diem
165expenses as provided in section 112.061, Florida Statutes.
166     (5)  If a vacancy occurs on the board due to the
167resignation, death, or removal of a board member or the failure
168of anyone to qualify for a board seat, the remaining members may
169appoint a qualified person to fill the seat until the next
170general election, at which time an election shall be held to
171fill the vacancy for the remaining term, if any. The board shall
172remove any member who has three consecutive unexcused absences
173from regularly scheduled meetings. The board shall adopt a
174resolution defining excused and unexcused absences.
175     (6)  Each member shall, upon assuming office, take and
176subscribe to the oath of office prescribed by s. 5(b), Art. II
177of the State Constitution and section 876.05, Florida Statutes.
178Each member, within 30 days after assuming office, must give the
179Governor a good and sufficient surety bond in the sum of $5,000,
180the cost thereof being borne by the district, conditioned on the
181member's faithful performance of his or her duties of office.
182     (7)  The board shall keep a permanent record book entitled
183"Record of Proceedings of the Dorcas Fire District," in which
184the minutes of all meetings, resolutions, proceedings,
185certificates, bonds given by commissioners, and corporate acts
186shall be recorded. The record book shall be open to inspection
187in the same manner as state, county, and municipal records are
188open under chapter 119, Florida Statutes, and s. 24, Art. I of
189the State Constitution. The record book shall be kept at the
190office or other regular place of business maintained by the
191board for the Dorcas Fire District.
192     (8)  All meetings of the board shall be open to the public,
193consistent with chapter 286, Florida Statutes, section 189.417,
194Florida Statutes, and other applicable general laws.
195     (9)  The officers of the board of commissioners shall have
196the duties usually pertaining to like officers. A record shall
197be kept of all meetings of the board in a manner consistent with
198subsection (7), and in such meetings concurrence of a majority
199of the commissioners shall be necessary to any affirmative
200action by the board.
201     (10)  The books and records of the district shall be
202audited at least annually, at the expense of the district, as
203outlined in s. 11.45, Florida Statutes.
204     Section 6.  General powers.--The district shall have and
205the board may exercise by majority vote, the following powers:
206     (1)  To sue and be sued in the name of the district, to
207adopt and use a seal and authorize the use of a facsimile
208thereof, and to make and execute contracts and other
209instruments necessary or convenient to the exercise of its
210powers.
211     (2)  To provide for a pension or retirement plan for its
212employees. Notwithstanding the prohibition against extra
213compensation as provided in section 215.425, Florida Statutes,
214the board may provide for an extra compensation program,
215including a lump-sum bonus payment program, to reward
216outstanding employees whose performance exceeds standards, if
217the program provides that a bonus payment may not be included in
218an employee's regular base rate of pay and may not be carried
219forward in subsequent years.
220     (3)  To contract for the services of consultants to perform
221planning, engineering, legal, or other professional services.
222     (4)  To borrow money and accept gifts, to apply for and use
223grants or loans of money or other property from the United
224States, the state, a unit of local government, or any person for
225any district purposes and enter into agreements required in
226connection therewith, and to hold, use, sell, and dispose of
227such moneys or property for any district purpose in accordance
228with the terms of the gift, grant, loan, or agreement relating
229thereto.
230     (5)  To adopt resolutions and procedures prescribing the
231powers, duties, and functions of the officers of the district,
232the conduct of the business of the district, the maintenance of
233records, and the form of other documents and records of the
234district. The board may also adopt ordinances and resolutions
235that are necessary to conduct district business, if such
236ordinances do not conflict with any ordinances of a local
237general-purpose government within whose jurisdiction the
238district is located. Any resolution or ordinance adopted by the
239board and approved by referendum vote of district electors may
240only be repealed by referendum vote of district electors.
241     (6)  To maintain an office at places it designates within a
242county or municipality in which the district is located and
243appoint an agent of record.
244     (7)  To acquire, by purchase, lease, gift, dedication,
245devise, or otherwise, real and personal property or any estate
246therein for any purpose authorized by this act and to trade,
247sell, or otherwise dispose of surplus real or personal property.
248The board may purchase equipment by an installment sales
249contract if funds are available to pay the current year's
250installments on the equipment and to pay the amounts due that
251year on all other installments and indebtedness.
252     (8)  To hold, control, and acquire by donation or purchase
253any public easement, dedication to public use, platted
254reservation for public purposes, or reservation for those
255purposes authorized by this act and to use such easement,
256dedication, or reservation for any purpose authorized by this
257act consistent with applicable adopted local government
258comprehensive plans and land development regulations.
259     (9)  To lease as lessor or lessee to or from any person,
260firm, corporation, association, or body, public or private, any
261facility or property of any nature for the use of the district
262when necessary to carry out the district's duties and authority
263under this act.
264     (10)  To borrow money and issue bonds, revenue anticipation
265notes, or certificates payable from and secured by a pledge of
266funds, revenues, taxes and assessments, warrants, notes, or
267other evidence of indebtedness, and to mortgage real and
268personal property when necessary to carry out the district's
269duties and authority under this act.
270     (11)  To charge user and impact fees authorized by
271resolution of the board, in amounts necessary to conduct
272district activities and services, and to enforce their receipt
273and collection in the manner prescribed by resolution and
274authorized by law. However, the imposition of impact fees may
275only be authorized as provided by subsection (4) of section 9.
276     (12)  To exercise the right and power of eminent domain,
277pursuant to chapter 73 or chapter 74, Florida Statutes, over any
278property within the district, except municipal, county, state,
279special district, or federal property used for a public purpose,
280for the uses and purposes of the district relating solely to the
281establishment and maintenance of fire stations and fire
282substations, specifically including the power to take easements
283that serve such facilities consistent with applicable adopted
284local government comprehensive plans and land development
285regulations.
286     (13)  To cooperate or contract with other persons or
287entities, including other governmental agencies, as necessary,
288convenient, incidental, or proper in connection with providing
289effective mutual aid and furthering any power, duty, or purpose
290authorized by this act.
291     (14)  To assess and impose upon real property in the
292district ad valorem taxes and non-ad valorem assessments as
293authorized by this act.
294     (15)  To impose and foreclose non-ad valorem assessment
295liens as provided by this act or to impose, collect, and enforce
296non-ad valorem assessments pursuant to chapter 197, Florida
297Statutes.
298     (16)  To select as a depository for its funds any qualified
299public depository as defined in section 280.02, Florida
300Statutes, which meets all the requirements of chapter 280,
301Florida Statutes, and has been designated by the State Treasurer
302as a qualified public depository, upon such terms and conditions
303as to the payment of interest upon the funds deposited as the
304board deems just and reasonable.
305     (17)  To provide adequate insurance on all real and
306personal property, equipment, employees, volunteer firefighters,
307and other personnel.
308     (18)  To organize, participate in, and contribute
309monetarily to organizations or associations relating to the
310delivery of or improvement of fire control, fire prevention, and
311emergency rescue services, or district administration.
312     (19)  To promulgate and enforce reasonable fire regulations
313by resolution.
314     Section 7.  Exemption from taxation.--Since the exercise of
315the powers conferred by this act constitutes action by a
316political subdivision performing essential public functions and
317since the property of each district constitutes public property
318used for public purposes, all assets and properties of the
319district, including property acquired through the foreclosure of
320any tax or assessment lien, are exempt from all taxes imposed by
321the state or any political subdivision, agency, or
322instrumentality of the state.
323     Section 8.  Special powers.--The Dorcas Fire District shall
324provide for fire suppression and prevention by establishing and
325maintaining fire stations and fire substations and acquiring and
326maintaining such firefighting and fire protection equipment
327deemed necessary to prevent or fight fires. All construction
328shall be in compliance with applicable state, regional, and
329local regulations, including adopted comprehensive plans and
330land development regulations. The board shall have and may
331exercise any or all of the following special powers relating to
332facilities and duties authorized by this act:
333     (1)  Establish and maintain emergency medical and rescue
334response services and acquire and maintain rescue, medical, and
335other emergency equipment, pursuant to the provisions of chapter
336401, Florida Statutes, and any certificate of public convenience
337and necessity or its equivalent issued hereunder.
338     (2)  Employ, train, and equip such personnel, and train,
339coordinate, and equip such volunteer firefighters, as are
340necessary to accomplish the duties of the district. The board
341may employ and fix the compensation of a fire chief or chief
342administrator. The board shall prescribe the duties of such
343person, which shall include supervision and management of the
344operations of the district and its employees and maintenance and
345operation of its facilities and equipment. The fire chief or
346chief administrator may employ or terminate the employment of
347such other persons, including, without limitation, professional,
348supervisory, administrative, maintenance, and clerical
349employees, as are necessary and authorized by the board. The
350compensation and other conditions of employment of the officers
351and employees of the district shall be provided by the board.
352     (3)  Conduct public education to promote awareness of
353methods to prevent fires and reduce the loss of life and
354property from fires or other public safety concerns.
355     (4)  Adopt and enforce fire safety standards and codes and
356enforce the rules of the State Fire Marshall consistent with the
357exercise of the duties authorized by chapter 553 or chapter 633,
358Florida Statutes, with respect to fire suppression and
359prevention and fire safety code enforcement.
360     (5)  Conduct arson investigations and cause and origin
361investigations.
362     (6)  Adopt hazardous material safety plans and emergency
363response plans in coordination with the county emergency
364management agency as provided in chapter 252, Florida Statutes.
365     (7)  Contract with general-purpose local government for
366emergency management planning and services.
367     Section 9.  Taxes, non-ad valorem assessments; impact fees
368and user charges.--
369     (1)  AD VALOREM TAXES.--The elected board of commissioners
370may levy and assess ad valorem taxes on all taxable property in
371the district to construct, operate, and maintain district
372facilities and services, to pay the principal of, and interest
373on, general obligation bonds of the district, and to provide for
374any sinking or other funds established in connection with such
375bonds. An ad valorem tax levied by the board for operating
376purposes, exclusive of debt service on bonds, may not exceed
3773.75 mills. The levy of ad valorem taxes pursuant to this
378section must be approved by referendum called by the board.
379Nothing in this act shall require a referendum on the levy of ad
380valorem taxes in the amount as previously authorized by special
381act, general law of local application, or county ordinance
382approved by referendum. Such tax shall be assessed, levied, and
383collected in the same manner as county taxes. The levy of ad
384valorem taxes approved by referendum shall be reported within 60
385days after the vote to the Department of Community Affairs.
386     (2)  NON-AD VALOREM ASSESSMENTS.--The elected board of
387commissioners may levy non-ad valorem assessments to provide
388funds for the purposes of the district. The rate of such
389assessments must be fixed by resolution of the board pursuant to
390the procedures contained in section 10. Non-ad valorem
391assessment rates set by the board may exceed the maximum rates
392established by this or any prior special act, any county
393ordinance, the previous year's resolution, or a referendum in an
394amount not to exceed the average annual growth rate in Florida
395personal income over the previous 5 years. Non-ad valorem
396assessment rate increases within the personal income threshold
397are deemed to be within the maximum rate authorized by law at
398the time of initial imposition. Proposed non-ad valorem
399assessment increases which exceed the rate set the previous
400fiscal year or the rate previously set by special act or county
401ordinance, whichever is more recent, by more than the average
402annual growth rate in Florida personal income over the last 5
403years must be approved by referendum of the electors of the
404district. Non-ad valorem assessments shall be imposed,
405collected, and enforced pursuant to section 10.
406     (3)  USER CHARGES.--
407     (a)  The board may provide a reasonable schedule of charges
408for special emergency services, including fighting fires
409occurring in or to structures outside the district, motor
410vehicles, marine vessels, aircraft, or rail cars, or as a result
411of the operation of such motor vehicles or marine vessels, to
412which the district is called to render such emergency service,
413and may charge a fee for the services rendered in accordance
414with the schedule.
415     (b)  The board may provide a reasonable schedule of charges
416for fighting fires occurring in or at refuse dumps or as a
417result of an illegal burn, which fire, dump, or burn is not
418authorized by general or special law, rule, regulation, order,
419or ordinance and which the district is called upon to fight or
420extinguish.
421     (c)  The board may provide a reasonable schedule of charges
422for responding to, assisting with, or mitigating emergencies
423that either threaten or could threaten the health and safety of
424persons, property, or the environment, to which the district has
425been called, including a charge for responding to false alarms.
426     (d)  The board may provide a reasonable schedule of charges
427for inspecting structures, plans, and equipment to determine
428compliance with firesafety codes and standards.
429     (e)  The district shall have a lien upon any real property,
430motor vehicle, marine vessel, aircraft, or rail car for any
431charge assessed under this subsection.
432     (4)  IMPACT FEES.--If the general-purpose local government
433has not adopted an impact fee for fire services which is
434distributed to the district for construction within its
435jurisdictional boundaries, the board may establish a schedule of
436impact fees for new construction to pay for the cost of new
437facilities and equipment, the need for which is in whole or in
438part the result of new construction. The impact fees collected
439by the district under this subsection shall be kept separate
440from other revenues of the district and must be used exclusively
441to acquire, purchase, or construct new facilities or portions
442thereof needed to provide fire protection and emergency services
443to new construction. As used in this subsection, "new
444facilities" means land, buildings, and capital equipment,
445including, but not limited to, fire and emergency vehicles,
446radio telemetry equipment, and other firefighting or rescue
447equipment. The board shall maintain adequate records to ensure
448that impact fees are expended only for permissible new
449facilities or equipment. The board may enter into agreements
450with general purpose local governments to share in the revenues
451from fire protection impact fees imposed by such governments.
452     Section 10.  Procedures for the levy and collection of non-
453ad valorem assessments.--
454     (1)  The district may provide for the levy of non-ad
455valorem assessments under this act on the lands and real estate
456benefited by the exercise of the powers authorized by this act,
457or any part thereof, for all or any part of the cost thereof. In
458addition to the provisions set forth under this act, the
459district shall also be entitled to exercise all other rights and
460powers regarding the levy and collection of additional non-ad
461valorem assessments as provided for under chapter 191, Florida
462Statutes.
463     (2)  The rate of assessment shall be fixed by resolution of
464the board of commissioners on or before June 1 of each year as
465follows:
466     (a)  One hundred fifty dollars annually shall be assessed
467against commercial buildings and commercial businesses. For the
468purpose of determining a commercial business, it is the specific
469intent of this act to tax individual businesses which are within
470a common building which are separated by walls, partitions, or
471custom. The purchase of a county occupational license shall be
472evidence of the existence of a business. Apartment buildings,
473motels, condominiums, mobile home parks, and other multiple
474family residences shall not be considered commercial buildings.
475     (b)  Each residential dwelling unit, including mobile homes
476situated on any parcel of land within said district, shall pay
477$75 annually.
478     (c)  The non-ad valorem assessment amounts as established
479under paragraphs (a) and (b) shall be subject to annual
480increases, as may be approved by the board of commissioners as
481provided for under section 9(2).
482     (3)  The board of commissioners may adopt by resolution the
483current tax assessment and collection roll compiled and prepared
484by the tax assessor of Okaloosa County, and may adopt a
485resolution fixing the levy on each lot or parcel of land subject
486to taxation in the district, or may, at its discretion, prepare
487or cause to be prepared an assessment and collection roll
488setting forth a description of each lot or parcel of land
489subject to taxation in the district together with the amount of
490assessment fixed by resolution, and shall, before June 1 of each
491year, deliver the roll to the tax assessor for collection. All
492assessments shall be made against the land subject to such
493assessments and the roll shall set forth the names of the
494respective owners of such lands.
495     (4)  Any property owner in the district shall have the
496right to file a protest in writing between June 10 and 20 of
497each year against the proposed assessments and the amount or
498rate thereof, and to appear before the board in support of such
499protest at an opening meeting or meetings which shall be held to
500hear and consider such protests and make adjustments to the
501roll.
502     (5)  Immediately after the adjustment period, the board of
503commissioners shall adopt a resolution fixing the rate of
504special assessment and shall note the amount of the levy against
505each parcel of property described in the tax roll and shall
506transmit the tax roll and a certified copy of the resolution to
507the county tax assessor on or before July 1 each year. It shall
508be the duty of the tax collector of Okaloosa County to include
509in the county tax roll the assessments made by the board of
510commissioners of the district and to collect such assessments
511according to the assessment roll and deliver the proceeds of
512such collection, less the statutory fee, monthly to the board of
513commissioners, taking the board's receipts for such funds. The
514tax collector shall, upon delivery of such funds to the board of
515commissioners, furnish the board with a description of the lands
516for which such payments are made.
517     (6)  Such special assessments shall be a lien upon the land
518so assessed along with county taxes until paid and, if the same
519become delinquent, shall be considered a part of the county tax,
520subject to the same penalties, charges, fees, and remedies for
521enforcement and collection and shall be enforced and collected
522as provided by law.
523     (7)  Such special assessments shall be of equal benefit to
524all property with fire protection being provided by the Dorcas
525Fire District pursuant to the provisions of this act.
526     (8)  The fiscal year for the district shall be from October
5271 to September 30 of each year.
528     Section 11.  District issuance of bonds, notes, bond
529anticipation notes, or other evidences of indebtedness.--
530     (1)  The district may issue general obligation bonds,
531assessment bonds, revenue bonds, notes, bond anticipation notes,
532or other evidences of indebtedness to finance all or a part of
533any proposed improvements authorized to be undertaken under this
534act or under general or special law, provided the total annual
535payments for the principal and interest on such indebtedness
536shall not exceed 50 percent of the total annual budgeted
537revenues of the district. The bonds shall be issued in such
538denominations, mature on such dates and in such amounts, and may
539be subject to optional and mandatory redemption as determined by
540resolutions adopted by the board. Bonds of the district may bear
541interest at a fixed, floating, or adjustable rate and may be
542issued as interest bearing bonds, interest accruing bonds, or
543zero coupon bonds at such rate or rates, not exceeding the
544maximum rate permitted by general law, as determined by
545resolution of the board. Principal and interest shall be payable
546in the manner determined by the board. The bonds shall be signed
547by manual or facsimile signature of the chair or vice chair of
548the board, attested with the seal of the district and by the
549manual or facsimile signature of the secretary or assistant
550secretary of the board.
551     (2)  The bonds shall be payable from the non-ad valorem
552assessments or other non-ad valorem revenues, including, without
553limitation, user fees or charges or rental income authorized to
554be levied, collected, or received pursuant to this act or
555general law. General obligation bonds payable from ad valorem
556taxes may also be issued by the district, but only after
557compliance with s. 12, Art. VII of the State Constitution.
558Subject to referendum approval, a district may pledge its full
559faith and credit for the payment of principal and interest on
560such general obligation bonds and for any reserve funds provided
561therefor and may unconditionally and irrevocably pledge itself
562to levy ad valorem taxes on all property in the district to the
563extent necessary for the payment thereof. The district is
564authorized, after notice and opportunity to be heard has been
565afforded to those affected, to impose, charge, and collect non-
566ad valorem revenues in connection with any of the improvements
567authorized under this act and to pledge the same for the payment
568of bonds.
569     (3)  In connection with the sale and issuance of bonds, the
570district may enter into any contracts which the board determines
571to be necessary or appropriate to achieve a desirable effective
572interest rate in connection with the bonds by means of, but not
573limited to, contracts commonly known as investment contracts,
574funding agreements, interest rate swap agreements, currency swap
575agreements, forward payment conversion agreements, futures, or
576contracts providing for payments based on levels of or changes
577in interest rates, or contracts to exchange cash flows or a
578series of payments, or contracts, including, without limitation,
579options, puts, or calls, to hedge payment, rate, spread, or
580similar exposure. Such contracts or arrangements may also be
581entered into by the district in connection with, or incidental
582to, entering into any agreement which secures bonds or provides
583liquidity therefor. Such contracts and arrangements shall be
584made upon the terms and conditions established by the board,
585after giving due consideration to the credit worthiness of the
586counter parties, where applicable, including any rating by a
587nationally recognized rating service or any other criteria as
588may be appropriate.
589     (4)  In connection with the sale and issuance of the bonds,
590or the entering into of any of the contracts or arrangements
591referred to in subsection (3), the district may enter into such
592credit enhancement or liquidity agreements, with such payment,
593interest rate, security, default, remedy, and any other terms
594and conditions as the board shall determine.
595     (5)  Notwithstanding any provision of law relating to the
596investment or reinvestment of surplus funds of any governmental
597unit, proceeds of the bonds and any money set aside or pledged
598to secure payment of the principal, or premium, if any, and
599interest on the bonds, or any of the contracts entered into
600pursuant to subsection (3), may be invested in securities or
601obligations described in the resolution providing for the
602issuance of bonds.
603     (6)  The bonds shall be sold in any manner not inconsistent
604with general law, shall show the purpose for which they are
605issued, and shall be payable out of the money pledged therefor.
606The funds derived from the sale of said bonds or any contract or
607arrangement shall be used for the purpose of paying the cost of
608the services or improvements and such costs, expenses, fees, and
609salaries as may be authorized by law.
610     (7)  Non-ad valorem assessments or any portion thereof
611levied to pay the principal on bonds issued pursuant to this act
612with respect to improvements financed therewith shall not exceed
613the benefits assessed regarding such works or improvements. If
614the bonds are sold at a discount, the amount of the discount
615shall be treated as interest, not as principal. Premiums payable
616upon the redemption of bonds shall also be treated as interest.
617Interest to accrue on account of issuing bonds shall not be
618construed as a part of the costs of the works or improvements in
619determining whether or not the costs of making such improvements
620are equal to or in excess of the benefits assessed. If the
621property appraiser and tax collector deduct their fees and
622charges from the amount of non-ad valorem assessments levied and
623collected, and if the landowners receive the statutorily
624permitted discount for early payment of such non-ad valorem
625assessments, the amount of such fees, charges, and discount
626shall not be included in the amount of non-ad valorem
627assessments levied by the district in determining whether such
628assessments are equal to or in excess of the benefits assessed.
629     (8)  The district may, whenever in the judgment of the
630board it is advisable and in the best interests of the
631landowners in the district, issue bonds to refund any or all of
632the then-outstanding bonded indebtedness of the district.
633     (9)  The principal amount of refunding bonds may be in any
634amount not in excess of the benefits assessed against the lands
635with respect to which the refunded bonds were issued less the
636principal amount of the refunded bonds previously paid from non-
637ad valorem assessments. The proceeds of such refunding bonds
638shall be used only to pay the principal, premium, if any, and
639interest on the bonds to be refunded and any discount or expense
640of the sale of the refunding bonds and to provide a debt service
641reserve fund for the refunding bonds. The district may also use
642other available revenues to pay costs associated with the
643issuance or administration of the refunding bonds.
644     (10)  Assessments shall be levied for the payment of the
645refunding bonds in the same manner as the assessments levied for
646the refunded bonds and the refunding bonds shall be secured by
647the same lien as the refunded bonds, and any additional interest
648which accrues on account of the refunding bonds shall be
649included and added to the original assessment and shall be
650secured by the same lien, provided any interest accrued shall
651not be considered as a part of the cost of construction in
652determining whether the assessment exceeds the benefits
653assessed.
654     (11)  No proceedings shall be required for the issuance of
655bonds or refunding bonds other than those provided by this
656section and by general law.
657     Section 12.  District expansion and merger.--
658     (1)  The boundaries of the district may be modified,
659extended, or enlarged upon approval or ratification by the
660Legislature.
661     (2)  The merger of the district with all or portions of
662other independent or dependent fire control districts is
663effective only upon ratification by the Legislature. The
664district may not, solely by reason of a merger with another
665governmental entity, increase ad valorem taxes on property
666within the original limits of the district beyond the maximum
667established by this act, unless approved by the electors of the
668district by referendum.
669     Section 3.  If any clause, section, or provision of this
670act shall be declared unconstitutional or invalid for any
671reason, it shall be eliminated from this act, and the remaining
672portion of the act shall be in full force and effect and be as
673valid as if such invalid portion thereof had not been
674incorporated therein.
675     Section 4.  This act shall take effect upon becoming a law.


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