| 1 | A bill to be entitled | 
| 2 | An act relating to the Dorcas Fire District, Okaloosa | 
| 3 | County; codifying the district's ordinances; providing | 
| 4 | intent; re-creating and providing a charter for the | 
| 5 | district; providing district boundaries; providing | 
| 6 | purposes; providing definitions; providing for the | 
| 7 | election of a district board of commissioners; providing | 
| 8 | for terms of office; providing for officers and meetings | 
| 9 | of the board; providing for commissioners' compensation | 
| 10 | and expenses; requiring a bond; providing for records; | 
| 11 | providing general and special powers of the district; | 
| 12 | exempting district assets and property from taxation; | 
| 13 | providing requirements and procedures for the levy of ad | 
| 14 | valorem taxes, non-ad valorem assessments, user charges, | 
| 15 | and impact fees; providing for referenda; providing for | 
| 16 | enforcement; providing for requirements and procedures for | 
| 17 | issuance of bonds; providing for expansion and merger of | 
| 18 | the district boundaries; providing for severability; | 
| 19 | providing an effective date. | 
| 20 | 
 | 
| 21 | Be It Enacted by the Legislature of the State of Florida: | 
| 22 | 
 | 
| 23 | Section 1.  This act constitutes the codification of all | 
| 24 | ordinances relating to the Dorcas Fire District. It is the | 
| 25 | intent of the Legislature in enacting this act to provide a | 
| 26 | single, comprehensive special act charter for the district, | 
| 27 | including all current legislative enactments and any additional | 
| 28 | authority granted by this act. | 
| 29 | Section 2.  The Dorcas Fire District is re-created and | 
| 30 | reenacted to read: | 
| 31 | Section 1.  Creation; intent.--The Dorcas Fire District is | 
| 32 | re-created as an independent fire control district which shall | 
| 33 | operate pursuant to this special act and the provisions of | 
| 34 | chapter 191, Florida Statutes, the Independent Special Fire | 
| 35 | Control District Act, and all other general laws, whether | 
| 36 | referenced herein or not, which are applicable to independent | 
| 37 | special districts. | 
| 38 | Section 2.  Creation; boundaries.-- | 
| 39 | (1)  All of the following lands in Okaloosa County shall be | 
| 40 | incorporated as an independent special fire control district, | 
| 41 | which shall be a public municipal corporation for the public | 
| 42 | benefit, with perpetual existence, to be known as the Dorcas | 
| 43 | Fire District in which name it may sue and be sued, lease, own, | 
| 44 | possess, and convey real and personal property, by purchase or | 
| 45 | gift or otherwise, to carry out the purposes of this act. The | 
| 46 | lands so incorporated shall include the following: | 
| 47 | 
 | 
| 48 | Commence at northwest corner of Section 7, Township 4 | 
| 49 | North, Range 22 West; thence east along Section line to | 
| 50 | Okaloosa County line; thence south along Okaloosa | 
| 51 | County line to southeast corner of Section 36, Township | 
| 52 | 3 North, Range 22 West; thence west along Section line | 
| 53 | to Shoal River; thence northeasterly along Shoal River | 
| 54 | to west Section line of Section 6, Township 3 North, | 
| 55 | Range 22 West; thence north along Section line to point | 
| 56 | of beginning. Okaloosa County, Florida. | 
| 57 | 
 | 
| 58 | (2)  Any lands within a municipality included in the | 
| 59 | boundaries of the district as described herein shall be excluded | 
| 60 | from the district and its jurisdiction. If any area, tract, or | 
| 61 | parcel of land within the boundaries of the district shall | 
| 62 | hereafter become annexed to a municipality, such area, tract, or | 
| 63 | parcel of land shall be excluded from the district effective the | 
| 64 | next January 1 following such annexation by a municipality. | 
| 65 | Nothing contained in this act shall preclude any municipality | 
| 66 | from annexing lands to the territorial limits of the | 
| 67 | municipality even if such land is included within the district. | 
| 68 | (3)  Should any part of the territory covered in this act | 
| 69 | be held not to be included herein, then this act shall continue | 
| 70 | in 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 | 
| 73 | calls for the codification of charters of all independent | 
| 74 | special fire control districts as defined in section 191.003, | 
| 75 | Florida Statutes, which were created by special law or general | 
| 76 | law of local application. | 
| 77 | (2)  Provide standards, direction, and procedures | 
| 78 | concerning the operation and governance of the special fire | 
| 79 | control district known as the Dorcas Fire District. | 
| 80 | (3)  Provide greater uniformity between the Dorcas Fire | 
| 81 | District and other independent special fire control districts. | 
| 82 | (4)  Provide greater uniformity in the financing authority | 
| 83 | of the Dorcas Fire District without hampering the efficiency and | 
| 84 | effectiveness of current authorized and implemented methods and | 
| 85 | procedures of raising revenues. | 
| 86 | (5)  Improve communication and coordination between the | 
| 87 | Dorcas Fire District and other local governments with respect to | 
| 88 | short-range and long-range planning to meet the demands for | 
| 89 | service delivery while maintaining fiscal responsibility. | 
| 90 | (6)  Provide uniform procedures for electing members of the | 
| 91 | governing board of the Dorcas Fire District to ensure greater | 
| 92 | accountability to the public. | 
| 93 | Section 4.  Definitions.-- | 
| 94 | (1)  "Board" means the governing board of the Dorcas Fire | 
| 95 | District. | 
| 96 | (2)  "District" means the Dorcas Fire District, an | 
| 97 | independent special fire control district as defined in section | 
| 98 | 191.003, Florida Statutes. | 
| 99 | (3)  "Elector" means a person who is a resident of the | 
| 100 | Dorcas Fire District and is qualified to vote in a general | 
| 101 | election within Okaloosa County. | 
| 102 | (4)  "Emergency medical service" means basic and advanced | 
| 103 | life support service as defined in section 401.23, Florida | 
| 104 | Statutes. | 
| 105 | (5)  "Rescue response service" means an initial response to | 
| 106 | an emergency or accident situation, including, but not limited | 
| 107 | to, a plane crash, a trench or building collapse, a swimming or | 
| 108 | boating accident, or a motor vehicle accident. | 
| 109 | Section 5.  District board of commissioners; membership, | 
| 110 | terms of office, officers, meetings.-- | 
| 111 | (1)(a)  The business affairs of the district shall be | 
| 112 | conducted and administered by a five-member board. The board | 
| 113 | shall be elected in nonpartisan elections by the electors of the | 
| 114 | district. Except as provided in this act, such elections shall | 
| 115 | be held at a time and in a manner prescribed by law for holding | 
| 116 | general elections in accordance with section 189.405, Florida | 
| 117 | Statutes, and each member shall be elected for a term of 4 years | 
| 118 | and serve until the member's successor assumes office. | 
| 119 | Candidates for the board of the district shall qualify with the | 
| 120 | Okaloosa County Supervisor of Elections. All candidates may | 
| 121 | qualify by paying a filing fee of at least $25 or by obtaining | 
| 122 | the signatures of at least 25 registered electors of the | 
| 123 | district on petition forms provided by the supervisor of | 
| 124 | elections which petitions shall be submitted and checked in the | 
| 125 | same manner as petitions filed by nonpartisan judicial | 
| 126 | candidates pursuant to section 105.035, Florida Statutes. | 
| 127 | (b)  The members of the board shall be elected by the | 
| 128 | electors of the district in the manner provided in this section. | 
| 129 | The office of each member of the board is designated as being a | 
| 130 | seat on the board, distinguished from each of the other seats by | 
| 131 | a numeral: 1, 2, 3, 4, or 5. The numerical seat designation does | 
| 132 | not designate a geographical subdistrict. Each candidate for a | 
| 133 | seat on the board shall designate, at the time the candidate | 
| 134 | qualifies, the seat on the board for which the candidate is | 
| 135 | qualifying. The name of each candidate who qualifies for | 
| 136 | election to a seat on the board shall be included on the ballot | 
| 137 | in a way that clearly indicates the seat for which the candidate | 
| 138 | is a candidate. The candidate for each seat who receives the | 
| 139 | most votes cast for a candidate for the seat shall be elected to | 
| 140 | the board. | 
| 141 | (2)  Each member of the board must be a qualified elector | 
| 142 | at the time he or she qualifies and continually throughout his | 
| 143 | or her term. | 
| 144 | (3)  Each elected member of the board shall assume office | 
| 145 | 10 days following the member's election. Annually, within 60 | 
| 146 | days after the newly elected members have taken office, the | 
| 147 | board shall organize by electing from its members a chair, a | 
| 148 | vice chair, a secretary, and a treasurer. The positions of | 
| 149 | secretary and treasure may be held by one member. Funds of the | 
| 150 | district may be disbursed only upon the order or pursuant to | 
| 151 | resolution of the board. However, a petty cash account may be | 
| 152 | authorized by the board. The board may give the treasurer | 
| 153 | additional powers and duties that it deems appropriate. | 
| 154 | (4)  Members of the board may each be paid a salary or | 
| 155 | honorarium to be determined by at least a majority plus one vote | 
| 156 | of the board, which salary or honorarium may not exceed $500 per | 
| 157 | month for each member. Special notice of any meeting at which | 
| 158 | the board will consider a salary change for a board member shall | 
| 159 | be published at least once, at least 14 days prior to the | 
| 160 | meeting, in a newspaper of general circulation in Okaloosa | 
| 161 | County. Separate compensation for the board member serving as | 
| 162 | treasurer may be authorized by like vote so long as total | 
| 163 | compensation for the board member does not exceed $500 per | 
| 164 | month. Members may be reimbursed for travel and per diem | 
| 165 | expenses as provided in section 112.061, Florida Statutes. | 
| 166 | (5)  If a vacancy occurs on the board due to the | 
| 167 | resignation, death, or removal of a board member or the failure | 
| 168 | of anyone to qualify for a board seat, the remaining members may | 
| 169 | appoint a qualified person to fill the seat until the next | 
| 170 | general election, at which time an election shall be held to | 
| 171 | fill the vacancy for the remaining term, if any. The board shall | 
| 172 | remove any member who has three consecutive unexcused absences | 
| 173 | from regularly scheduled meetings. The board shall adopt a | 
| 174 | resolution defining excused and unexcused absences. | 
| 175 | (6)  Each member shall, upon assuming office, take and | 
| 176 | subscribe to the oath of office prescribed by s. 5(b), Art. II | 
| 177 | of the State Constitution and section 876.05, Florida Statutes. | 
| 178 | Each member, within 30 days after assuming office, must give the | 
| 179 | Governor a good and sufficient surety bond in the sum of $5,000, | 
| 180 | the cost thereof being borne by the district, conditioned on the | 
| 181 | member'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 | 
| 184 | the minutes of all meetings, resolutions, proceedings, | 
| 185 | certificates, bonds given by commissioners, and corporate acts | 
| 186 | shall be recorded. The record book shall be open to inspection | 
| 187 | in the same manner as state, county, and municipal records are | 
| 188 | open under chapter 119, Florida Statutes, and s. 24, Art. I of | 
| 189 | the State Constitution. The record book shall be kept at the | 
| 190 | office or other regular place of business maintained by the | 
| 191 | board for the Dorcas Fire District. | 
| 192 | (8)  All meetings of the board shall be open to the public, | 
| 193 | consistent with chapter 286, Florida Statutes, section 189.417, | 
| 194 | Florida Statutes, and other applicable general laws. | 
| 195 | (9)  The officers of the board of commissioners shall have | 
| 196 | the duties usually pertaining to like officers. A record shall | 
| 197 | be kept of all meetings of the board in a manner consistent with | 
| 198 | subsection (7), and in such meetings concurrence of a majority | 
| 199 | of the commissioners shall be necessary to any affirmative | 
| 200 | action by the board. | 
| 201 | (10)  The books and records of the district shall be | 
| 202 | audited at least annually, at the expense of the district, as | 
| 203 | outlined in s. 11.45, Florida Statutes. | 
| 204 | Section 6.  General powers.--The district shall have and | 
| 205 | the board may exercise by majority vote, the following powers: | 
| 206 | (1)  To sue and be sued in the name of the district, to | 
| 207 | adopt and use a seal and authorize the use of a facsimile | 
| 208 | thereof, and to make and execute contracts and other | 
| 209 | instruments necessary or convenient to the exercise of its | 
| 210 | powers. | 
| 211 | (2)  To provide for a pension or retirement plan for its | 
| 212 | employees. Notwithstanding the prohibition against extra | 
| 213 | compensation as provided in section 215.425, Florida Statutes, | 
| 214 | the board may provide for an extra compensation program, | 
| 215 | including a lump-sum bonus payment program, to reward | 
| 216 | outstanding employees whose performance exceeds standards, if | 
| 217 | the program provides that a bonus payment may not be included in | 
| 218 | an employee's regular base rate of pay and may not be carried | 
| 219 | forward in subsequent years. | 
| 220 | (3)  To contract for the services of consultants to perform | 
| 221 | planning, engineering, legal, or other professional services. | 
| 222 | (4)  To borrow money and accept gifts, to apply for and use | 
| 223 | grants or loans of money or other property from the United | 
| 224 | States, the state, a unit of local government, or any person for | 
| 225 | any district purposes and enter into agreements required in | 
| 226 | connection therewith, and to hold, use, sell, and dispose of | 
| 227 | such moneys or property for any district purpose in accordance | 
| 228 | with the terms of the gift, grant, loan, or agreement relating | 
| 229 | thereto. | 
| 230 | (5)  To adopt resolutions and procedures prescribing the | 
| 231 | powers, duties, and functions of the officers of the district, | 
| 232 | the conduct of the business of the district, the maintenance of | 
| 233 | records, and the form of other documents and records of the | 
| 234 | district. The board may also adopt ordinances and resolutions | 
| 235 | that are necessary to conduct district business, if such | 
| 236 | ordinances do not conflict with any ordinances of a local | 
| 237 | general-purpose government within whose jurisdiction the | 
| 238 | district is located. Any resolution or ordinance adopted by the | 
| 239 | board and approved by referendum vote of district electors may | 
| 240 | only be repealed by referendum vote of district electors. | 
| 241 | (6)  To maintain an office at places it designates within a | 
| 242 | county or municipality in which the district is located and | 
| 243 | appoint an agent of record. | 
| 244 | (7)  To acquire, by purchase, lease, gift, dedication, | 
| 245 | devise, or otherwise, real and personal property or any estate | 
| 246 | therein for any purpose authorized by this act and to trade, | 
| 247 | sell, or otherwise dispose of surplus real or personal property. | 
| 248 | The board may purchase equipment by an installment sales | 
| 249 | contract if funds are available to pay the current year's | 
| 250 | installments on the equipment and to pay the amounts due that | 
| 251 | year on all other installments and indebtedness. | 
| 252 | (8)  To hold, control, and acquire by donation or purchase | 
| 253 | any public easement, dedication to public use, platted | 
| 254 | reservation for public purposes, or reservation for those | 
| 255 | purposes authorized by this act and to use such easement, | 
| 256 | dedication, or reservation for any purpose authorized by this | 
| 257 | act consistent with applicable adopted local government | 
| 258 | comprehensive plans and land development regulations. | 
| 259 | (9)  To lease as lessor or lessee to or from any person, | 
| 260 | firm, corporation, association, or body, public or private, any | 
| 261 | facility or property of any nature for the use of the district | 
| 262 | when necessary to carry out the district's duties and authority | 
| 263 | under this act. | 
| 264 | (10)  To borrow money and issue bonds, revenue anticipation | 
| 265 | notes, or certificates payable from and secured by a pledge of | 
| 266 | funds, revenues, taxes and assessments, warrants, notes, or | 
| 267 | other evidence of indebtedness, and to mortgage real and | 
| 268 | personal property when necessary to carry out the district's | 
| 269 | duties and authority under this act. | 
| 270 | (11)  To charge user and impact fees authorized by | 
| 271 | resolution of the board, in amounts necessary to conduct | 
| 272 | district activities and services, and to enforce their receipt | 
| 273 | and collection in the manner prescribed by resolution and | 
| 274 | authorized by law. However, the imposition of impact fees may | 
| 275 | only be authorized as provided by subsection (4) of section 9. | 
| 276 | (12)  To exercise the right and power of eminent domain, | 
| 277 | pursuant to chapter 73 or chapter 74, Florida Statutes, over any | 
| 278 | property within the district, except municipal, county, state, | 
| 279 | special district, or federal property used for a public purpose, | 
| 280 | for the uses and purposes of the district relating solely to the | 
| 281 | establishment and maintenance of fire stations and fire | 
| 282 | substations, specifically including the power to take easements | 
| 283 | that serve such facilities consistent with applicable adopted | 
| 284 | local government comprehensive plans and land development | 
| 285 | regulations. | 
| 286 | (13)  To cooperate or contract with other persons or | 
| 287 | entities, including other governmental agencies, as necessary, | 
| 288 | convenient, incidental, or proper in connection with providing | 
| 289 | effective mutual aid and furthering any power, duty, or purpose | 
| 290 | authorized by this act. | 
| 291 | (14)  To assess and impose upon real property in the | 
| 292 | district ad valorem taxes and non-ad valorem assessments as | 
| 293 | authorized by this act. | 
| 294 | (15)  To impose and foreclose non-ad valorem assessment | 
| 295 | liens as provided by this act or to impose, collect, and enforce | 
| 296 | non-ad valorem assessments pursuant to chapter 197, Florida | 
| 297 | Statutes. | 
| 298 | (16)  To select as a depository for its funds any qualified | 
| 299 | public depository as defined in section 280.02, Florida | 
| 300 | Statutes, which meets all the requirements of chapter 280, | 
| 301 | Florida Statutes, and has been designated by the State Treasurer | 
| 302 | as a qualified public depository, upon such terms and conditions | 
| 303 | as to the payment of interest upon the funds deposited as the | 
| 304 | board deems just and reasonable. | 
| 305 | (17)  To provide adequate insurance on all real and | 
| 306 | personal property, equipment, employees, volunteer firefighters, | 
| 307 | and other personnel. | 
| 308 | (18)  To organize, participate in, and contribute | 
| 309 | monetarily to organizations or associations relating to the | 
| 310 | delivery of or improvement of fire control, fire prevention, and | 
| 311 | emergency rescue services, or district administration. | 
| 312 | (19)  To promulgate and enforce reasonable fire regulations | 
| 313 | by resolution. | 
| 314 | Section 7.  Exemption from taxation.--Since the exercise of | 
| 315 | the powers conferred by this act constitutes action by a | 
| 316 | political subdivision performing essential public functions and | 
| 317 | since the property of each district constitutes public property | 
| 318 | used for public purposes, all assets and properties of the | 
| 319 | district, including property acquired through the foreclosure of | 
| 320 | any tax or assessment lien, are exempt from all taxes imposed by | 
| 321 | the state or any political subdivision, agency, or | 
| 322 | instrumentality of the state. | 
| 323 | Section 8.  Special powers.--The Dorcas Fire District shall | 
| 324 | provide for fire suppression and prevention by establishing and | 
| 325 | maintaining fire stations and fire substations and acquiring and | 
| 326 | maintaining such firefighting and fire protection equipment | 
| 327 | deemed necessary to prevent or fight fires. All construction | 
| 328 | shall be in compliance with applicable state, regional, and | 
| 329 | local regulations, including adopted comprehensive plans and | 
| 330 | land development regulations. The board shall have and may | 
| 331 | exercise any or all of the following special powers relating to | 
| 332 | facilities and duties authorized by this act: | 
| 333 | (1)  Establish and maintain emergency medical and rescue | 
| 334 | response services and acquire and maintain rescue, medical, and | 
| 335 | other emergency equipment, pursuant to the provisions of chapter | 
| 336 | 401, Florida Statutes, and any certificate of public convenience | 
| 337 | and necessity or its equivalent issued hereunder. | 
| 338 | (2)  Employ, train, and equip such personnel, and train, | 
| 339 | coordinate, and equip such volunteer firefighters, as are | 
| 340 | necessary to accomplish the duties of the district. The board | 
| 341 | may employ and fix the compensation of a fire chief or chief | 
| 342 | administrator. The board shall prescribe the duties of such | 
| 343 | person, which shall include supervision and management of the | 
| 344 | operations of the district and its employees and maintenance and | 
| 345 | operation of its facilities and equipment. The fire chief or | 
| 346 | chief administrator may employ or terminate the employment of | 
| 347 | such other persons, including, without limitation, professional, | 
| 348 | supervisory, administrative, maintenance, and clerical | 
| 349 | employees, as are necessary and authorized by the board. The | 
| 350 | compensation and other conditions of employment of the officers | 
| 351 | and employees of the district shall be provided by the board. | 
| 352 | (3)  Conduct public education to promote awareness of | 
| 353 | methods to prevent fires and reduce the loss of life and | 
| 354 | property from fires or other public safety concerns. | 
| 355 | (4)  Adopt and enforce fire safety standards and codes and | 
| 356 | enforce the rules of the State Fire Marshall consistent with the | 
| 357 | exercise of the duties authorized by chapter 553 or chapter 633, | 
| 358 | Florida Statutes, with respect to fire suppression and | 
| 359 | prevention and fire safety code enforcement. | 
| 360 | (5)  Conduct arson investigations and cause and origin | 
| 361 | investigations. | 
| 362 | (6)  Adopt hazardous material safety plans and emergency | 
| 363 | response plans in coordination with the county emergency | 
| 364 | management agency as provided in chapter 252, Florida Statutes. | 
| 365 | (7)  Contract with general-purpose local government for | 
| 366 | emergency management planning and services. | 
| 367 | Section 9.  Taxes, non-ad valorem assessments; impact fees | 
| 368 | and user charges.-- | 
| 369 | (1)  AD VALOREM TAXES.--The elected board of commissioners | 
| 370 | may levy and assess ad valorem taxes on all taxable property in | 
| 371 | the district to construct, operate, and maintain district | 
| 372 | facilities and services, to pay the principal of, and interest | 
| 373 | on, general obligation bonds of the district, and to provide for | 
| 374 | any sinking or other funds established in connection with such | 
| 375 | bonds. An ad valorem tax levied by the board for operating | 
| 376 | purposes, exclusive of debt service on bonds, may not exceed | 
| 377 | 3.75 mills. The levy of ad valorem taxes pursuant to this | 
| 378 | section must be approved by referendum called by the board. | 
| 379 | Nothing in this act shall require a referendum on the levy of ad | 
| 380 | valorem taxes in the amount as previously authorized by special | 
| 381 | act, general law of local application, or county ordinance | 
| 382 | approved by referendum. Such tax shall be assessed, levied, and | 
| 383 | collected in the same manner as county taxes. The levy of ad | 
| 384 | valorem taxes approved by referendum shall be reported within 60 | 
| 385 | days after the vote to the Department of Community Affairs. | 
| 386 | (2)  NON-AD VALOREM ASSESSMENTS.--The elected board of | 
| 387 | commissioners may levy non-ad valorem assessments to provide | 
| 388 | funds for the purposes of the district. The rate of such | 
| 389 | assessments must be fixed by resolution of the board pursuant to | 
| 390 | the procedures contained in section 10. Non-ad valorem | 
| 391 | assessment rates set by the board may exceed the maximum rates | 
| 392 | established by this or any prior special act, any county | 
| 393 | ordinance, the previous year's resolution, or a referendum in an | 
| 394 | amount not to exceed the average annual growth rate in Florida | 
| 395 | personal income over the previous 5 years. Non-ad valorem | 
| 396 | assessment rate increases within the personal income threshold | 
| 397 | are deemed to be within the maximum rate authorized by law at | 
| 398 | the time of initial imposition. Proposed non-ad valorem | 
| 399 | assessment increases which exceed the rate set the previous | 
| 400 | fiscal year or the rate previously set by special act or county | 
| 401 | ordinance, whichever is more recent, by more than the average | 
| 402 | annual growth rate in Florida personal income over the last 5 | 
| 403 | years must be approved by referendum of the electors of the | 
| 404 | district. Non-ad valorem assessments shall be imposed, | 
| 405 | collected, and enforced pursuant to section 10. | 
| 406 | (3)  USER CHARGES.-- | 
| 407 | (a)  The board may provide a reasonable schedule of charges | 
| 408 | for special emergency services, including fighting fires | 
| 409 | occurring in or to structures outside the district, motor | 
| 410 | vehicles, marine vessels, aircraft, or rail cars, or as a result | 
| 411 | of the operation of such motor vehicles or marine vessels, to | 
| 412 | which the district is called to render such emergency service, | 
| 413 | and may charge a fee for the services rendered in accordance | 
| 414 | with the schedule. | 
| 415 | (b)  The board may provide a reasonable schedule of charges | 
| 416 | for fighting fires occurring in or at refuse dumps or as a | 
| 417 | result of an illegal burn, which fire, dump, or burn is not | 
| 418 | authorized by general or special law, rule, regulation, order, | 
| 419 | or ordinance and which the district is called upon to fight or | 
| 420 | extinguish. | 
| 421 | (c)  The board may provide a reasonable schedule of charges | 
| 422 | for responding to, assisting with, or mitigating emergencies | 
| 423 | that either threaten or could threaten the health and safety of | 
| 424 | persons, property, or the environment, to which the district has | 
| 425 | been called, including a charge for responding to false alarms. | 
| 426 | (d)  The board may provide a reasonable schedule of charges | 
| 427 | for inspecting structures, plans, and equipment to determine | 
| 428 | compliance with firesafety codes and standards. | 
| 429 | (e)  The district shall have a lien upon any real property, | 
| 430 | motor vehicle, marine vessel, aircraft, or rail car for any | 
| 431 | charge assessed under this subsection. | 
| 432 | (4)  IMPACT FEES.--If the general-purpose local government | 
| 433 | has not adopted an impact fee for fire services which is | 
| 434 | distributed to the district for construction within its | 
| 435 | jurisdictional boundaries, the board may establish a schedule of | 
| 436 | impact fees for new construction to pay for the cost of new | 
| 437 | facilities and equipment, the need for which is in whole or in | 
| 438 | part the result of new construction. The impact fees collected | 
| 439 | by the district under this subsection shall be kept separate | 
| 440 | from other revenues of the district and must be used exclusively | 
| 441 | to acquire, purchase, or construct new facilities or portions | 
| 442 | thereof needed to provide fire protection and emergency services | 
| 443 | to new construction. As used in this subsection, "new | 
| 444 | facilities" means land, buildings, and capital equipment, | 
| 445 | including, but not limited to, fire and emergency vehicles, | 
| 446 | radio telemetry equipment, and other firefighting or rescue | 
| 447 | equipment. The board shall maintain adequate records to ensure | 
| 448 | that impact fees are expended only for permissible new | 
| 449 | facilities or equipment. The board may enter into agreements | 
| 450 | with general purpose local governments to share in the revenues | 
| 451 | from fire protection impact fees imposed by such governments. | 
| 452 | Section 10.  Procedures for the levy and collection of non- | 
| 453 | ad valorem assessments.-- | 
| 454 | (1)  The district may provide for the levy of non-ad | 
| 455 | valorem assessments under this act on the lands and real estate | 
| 456 | benefited by the exercise of the powers authorized by this act, | 
| 457 | or any part thereof, for all or any part of the cost thereof. In | 
| 458 | addition to the provisions set forth under this act, the | 
| 459 | district shall also be entitled to exercise all other rights and | 
| 460 | powers regarding the levy and collection of additional non-ad | 
| 461 | valorem assessments as provided for under chapter 191, Florida | 
| 462 | Statutes. | 
| 463 | (2)  The rate of assessment shall be fixed by resolution of | 
| 464 | the board of commissioners on or before June 1 of each year as | 
| 465 | follows: | 
| 466 | (a)  One hundred fifty dollars annually shall be assessed | 
| 467 | against commercial buildings and commercial businesses. For the | 
| 468 | purpose of determining a commercial business, it is the specific | 
| 469 | intent of this act to tax individual businesses which are within | 
| 470 | a common building which are separated by walls, partitions, or | 
| 471 | custom. The purchase of a county occupational license shall be | 
| 472 | evidence of the existence of a business. Apartment buildings, | 
| 473 | motels, condominiums, mobile home parks, and other multiple | 
| 474 | family residences shall not be considered commercial buildings. | 
| 475 | (b)  Each residential dwelling unit, including mobile homes | 
| 476 | situated on any parcel of land within said district, shall pay | 
| 477 | $75 annually. | 
| 478 | (c)  The non-ad valorem assessment amounts as established | 
| 479 | under paragraphs (a) and (b) shall be subject to annual | 
| 480 | increases, as may be approved by the board of commissioners as | 
| 481 | provided for under section 9(2). | 
| 482 | (3)  The board of commissioners may adopt by resolution the | 
| 483 | current tax assessment and collection roll compiled and prepared | 
| 484 | by the tax assessor of Okaloosa County, and may adopt a | 
| 485 | resolution fixing the levy on each lot or parcel of land subject | 
| 486 | to taxation in the district, or may, at its discretion, prepare | 
| 487 | or cause to be prepared an assessment and collection roll | 
| 488 | setting forth a description of each lot or parcel of land | 
| 489 | subject to taxation in the district together with the amount of | 
| 490 | assessment fixed by resolution, and shall, before June 1 of each | 
| 491 | year, deliver the roll to the tax assessor for collection. All | 
| 492 | assessments shall be made against the land subject to such | 
| 493 | assessments and the roll shall set forth the names of the | 
| 494 | respective owners of such lands. | 
| 495 | (4)  Any property owner in the district shall have the | 
| 496 | right to file a protest in writing between June 10 and 20 of | 
| 497 | each year against the proposed assessments and the amount or | 
| 498 | rate thereof, and to appear before the board in support of such | 
| 499 | protest at an opening meeting or meetings which shall be held to | 
| 500 | hear and consider such protests and make adjustments to the | 
| 501 | roll. | 
| 502 | (5)  Immediately after the adjustment period, the board of | 
| 503 | commissioners shall adopt a resolution fixing the rate of | 
| 504 | special assessment and shall note the amount of the levy against | 
| 505 | each parcel of property described in the tax roll and shall | 
| 506 | transmit the tax roll and a certified copy of the resolution to | 
| 507 | the county tax assessor on or before July 1 each year. It shall | 
| 508 | be the duty of the tax collector of Okaloosa County to include | 
| 509 | in the county tax roll the assessments made by the board of | 
| 510 | commissioners of the district and to collect such assessments | 
| 511 | according to the assessment roll and deliver the proceeds of | 
| 512 | such collection, less the statutory fee, monthly to the board of | 
| 513 | commissioners, taking the board's receipts for such funds. The | 
| 514 | tax collector shall, upon delivery of such funds to the board of | 
| 515 | commissioners, furnish the board with a description of the lands | 
| 516 | for which such payments are made. | 
| 517 | (6)  Such special assessments shall be a lien upon the land | 
| 518 | so assessed along with county taxes until paid and, if the same | 
| 519 | become delinquent, shall be considered a part of the county tax, | 
| 520 | subject to the same penalties, charges, fees, and remedies for | 
| 521 | enforcement and collection and shall be enforced and collected | 
| 522 | as provided by law. | 
| 523 | (7)  Such special assessments shall be of equal benefit to | 
| 524 | all property with fire protection being provided by the Dorcas | 
| 525 | Fire District pursuant to the provisions of this act. | 
| 526 | (8)  The fiscal year for the district shall be from October | 
| 527 | 1 to September 30 of each year. | 
| 528 | Section 11.  District issuance of bonds, notes, bond | 
| 529 | anticipation notes, or other evidences of indebtedness.-- | 
| 530 | (1)  The district may issue general obligation bonds, | 
| 531 | assessment bonds, revenue bonds, notes, bond anticipation notes, | 
| 532 | or other evidences of indebtedness to finance all or a part of | 
| 533 | any proposed improvements authorized to be undertaken under this | 
| 534 | act or under general or special law, provided the total annual | 
| 535 | payments for the principal and interest on such indebtedness | 
| 536 | shall not exceed 50 percent of the total annual budgeted | 
| 537 | revenues of the district. The bonds shall be issued in such | 
| 538 | denominations, mature on such dates and in such amounts, and may | 
| 539 | be subject to optional and mandatory redemption as determined by | 
| 540 | resolutions adopted by the board. Bonds of the district may bear | 
| 541 | interest at a fixed, floating, or adjustable rate and may be | 
| 542 | issued as interest bearing bonds, interest accruing bonds, or | 
| 543 | zero coupon bonds at such rate or rates, not exceeding the | 
| 544 | maximum rate permitted by general law, as determined by | 
| 545 | resolution of the board. Principal and interest shall be payable | 
| 546 | in the manner determined by the board. The bonds shall be signed | 
| 547 | by manual or facsimile signature of the chair or vice chair of | 
| 548 | the board, attested with the seal of the district and by the | 
| 549 | manual or facsimile signature of the secretary or assistant | 
| 550 | secretary of the board. | 
| 551 | (2)  The bonds shall be payable from the non-ad valorem | 
| 552 | assessments or other non-ad valorem revenues, including, without | 
| 553 | limitation, user fees or charges or rental income authorized to | 
| 554 | be levied, collected, or received pursuant to this act or | 
| 555 | general law. General obligation bonds payable from ad valorem | 
| 556 | taxes may also be issued by the district, but only after | 
| 557 | compliance with s. 12, Art. VII of the State Constitution. | 
| 558 | Subject to referendum approval, a district may pledge its full | 
| 559 | faith and credit for the payment of principal and interest on | 
| 560 | such general obligation bonds and for any reserve funds provided | 
| 561 | therefor and may unconditionally and irrevocably pledge itself | 
| 562 | to levy ad valorem taxes on all property in the district to the | 
| 563 | extent necessary for the payment thereof. The district is | 
| 564 | authorized, after notice and opportunity to be heard has been | 
| 565 | afforded to those affected, to impose, charge, and collect non- | 
| 566 | ad valorem revenues in connection with any of the improvements | 
| 567 | authorized under this act and to pledge the same for the payment | 
| 568 | of bonds. | 
| 569 | (3)  In connection with the sale and issuance of bonds, the | 
| 570 | district may enter into any contracts which the board determines | 
| 571 | to be necessary or appropriate to achieve a desirable effective | 
| 572 | interest rate in connection with the bonds by means of, but not | 
| 573 | limited to, contracts commonly known as investment contracts, | 
| 574 | funding agreements, interest rate swap agreements, currency swap | 
| 575 | agreements, forward payment conversion agreements, futures, or | 
| 576 | contracts providing for payments based on levels of or changes | 
| 577 | in interest rates, or contracts to exchange cash flows or a | 
| 578 | series of payments, or contracts, including, without limitation, | 
| 579 | options, puts, or calls, to hedge payment, rate, spread, or | 
| 580 | similar exposure. Such contracts or arrangements may also be | 
| 581 | entered into by the district in connection with, or incidental | 
| 582 | to, entering into any agreement which secures bonds or provides | 
| 583 | liquidity therefor. Such contracts and arrangements shall be | 
| 584 | made upon the terms and conditions established by the board, | 
| 585 | after giving due consideration to the credit worthiness of the | 
| 586 | counter parties, where applicable, including any rating by a | 
| 587 | nationally recognized rating service or any other criteria as | 
| 588 | may be appropriate. | 
| 589 | (4)  In connection with the sale and issuance of the bonds, | 
| 590 | or the entering into of any of the contracts or arrangements | 
| 591 | referred to in subsection (3), the district may enter into such | 
| 592 | credit enhancement or liquidity agreements, with such payment, | 
| 593 | interest rate, security, default, remedy, and any other terms | 
| 594 | and conditions as the board shall determine. | 
| 595 | (5)  Notwithstanding any provision of law relating to the | 
| 596 | investment or reinvestment of surplus funds of any governmental | 
| 597 | unit, proceeds of the bonds and any money set aside or pledged | 
| 598 | to secure payment of the principal, or premium, if any, and | 
| 599 | interest on the bonds, or any of the contracts entered into | 
| 600 | pursuant to subsection (3), may be invested in securities or | 
| 601 | obligations described in the resolution providing for the | 
| 602 | issuance of bonds. | 
| 603 | (6)  The bonds shall be sold in any manner not inconsistent | 
| 604 | with general law, shall show the purpose for which they are | 
| 605 | issued, and shall be payable out of the money pledged therefor. | 
| 606 | The funds derived from the sale of said bonds or any contract or | 
| 607 | arrangement shall be used for the purpose of paying the cost of | 
| 608 | the services or improvements and such costs, expenses, fees, and | 
| 609 | salaries as may be authorized by law. | 
| 610 | (7)  Non-ad valorem assessments or any portion thereof | 
| 611 | levied to pay the principal on bonds issued pursuant to this act | 
| 612 | with respect to improvements financed therewith shall not exceed | 
| 613 | the benefits assessed regarding such works or improvements. If | 
| 614 | the bonds are sold at a discount, the amount of the discount | 
| 615 | shall be treated as interest, not as principal. Premiums payable | 
| 616 | upon the redemption of bonds shall also be treated as interest. | 
| 617 | Interest to accrue on account of issuing bonds shall not be | 
| 618 | construed as a part of the costs of the works or improvements in | 
| 619 | determining whether or not the costs of making such improvements | 
| 620 | are equal to or in excess of the benefits assessed. If the | 
| 621 | property appraiser and tax collector deduct their fees and | 
| 622 | charges from the amount of non-ad valorem assessments levied and | 
| 623 | collected, and if the landowners receive the statutorily | 
| 624 | permitted discount for early payment of such non-ad valorem | 
| 625 | assessments, the amount of such fees, charges, and discount | 
| 626 | shall not be included in the amount of non-ad valorem | 
| 627 | assessments levied by the district in determining whether such | 
| 628 | assessments are equal to or in excess of the benefits assessed. | 
| 629 | (8)  The district may, whenever in the judgment of the | 
| 630 | board it is advisable and in the best interests of the | 
| 631 | landowners in the district, issue bonds to refund any or all of | 
| 632 | the then-outstanding bonded indebtedness of the district. | 
| 633 | (9)  The principal amount of refunding bonds may be in any | 
| 634 | amount not in excess of the benefits assessed against the lands | 
| 635 | with respect to which the refunded bonds were issued less the | 
| 636 | principal amount of the refunded bonds previously paid from non- | 
| 637 | ad valorem assessments. The proceeds of such refunding bonds | 
| 638 | shall be used only to pay the principal, premium, if any, and | 
| 639 | interest on the bonds to be refunded and any discount or expense | 
| 640 | of the sale of the refunding bonds and to provide a debt service | 
| 641 | reserve fund for the refunding bonds. The district may also use | 
| 642 | other available revenues to pay costs associated with the | 
| 643 | issuance or administration of the refunding bonds. | 
| 644 | (10)  Assessments shall be levied for the payment of the | 
| 645 | refunding bonds in the same manner as the assessments levied for | 
| 646 | the refunded bonds and the refunding bonds shall be secured by | 
| 647 | the same lien as the refunded bonds, and any additional interest | 
| 648 | which accrues on account of the refunding bonds shall be | 
| 649 | included and added to the original assessment and shall be | 
| 650 | secured by the same lien, provided any interest accrued shall | 
| 651 | not be considered as a part of the cost of construction in | 
| 652 | determining whether the assessment exceeds the benefits | 
| 653 | assessed. | 
| 654 | (11)  No proceedings shall be required for the issuance of | 
| 655 | bonds or refunding bonds other than those provided by this | 
| 656 | section and by general law. | 
| 657 | Section 12.  District expansion and merger.-- | 
| 658 | (1)  The boundaries of the district may be modified, | 
| 659 | extended, or enlarged upon approval or ratification by the | 
| 660 | Legislature. | 
| 661 | (2)  The merger of the district with all or portions of | 
| 662 | other independent or dependent fire control districts is | 
| 663 | effective only upon ratification by the Legislature. The | 
| 664 | district may not, solely by reason of a merger with another | 
| 665 | governmental entity, increase ad valorem taxes on property | 
| 666 | within the original limits of the district beyond the maximum | 
| 667 | established by this act, unless approved by the electors of the | 
| 668 | district by referendum. | 
| 669 | Section 3.  If any clause, section, or provision of this | 
| 670 | act shall be declared unconstitutional or invalid for any | 
| 671 | reason, it shall be eliminated from this act, and the remaining | 
| 672 | portion of the act shall be in full force and effect and be as | 
| 673 | valid as if such invalid portion thereof had not been | 
| 674 | incorporated therein. | 
| 675 | Section 4.  This act shall take effect upon becoming a law. |