HB 1321CS

CHAMBER ACTION



1The Finance & Tax Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to the Dorcas Fire District, Okaloosa
7County; codifying the district's ordinances; providing
8intent; re-creating and providing a charter for the
9district; providing district boundaries; providing
10purposes; providing definitions; providing for the
11election of a district board of commissioners; providing
12for terms of office; providing for officers and meetings
13of the board; providing for commissioners' compensation
14and expenses; requiring a bond; providing for records;
15providing general and special powers of the district;
16providing requirements and procedures for the levy of ad
17valorem taxes, non-ad valorem assessments, user charges,
18and impact fees; providing for referenda; providing for
19enforcement; providing for requirements and procedures for
20issuance of bonds; providing for expansion and merger of
21the district boundaries; providing for severability;
22providing an effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  This act constitutes the codification of all
27ordinances relating to the Dorcas Fire District. It is the
28intent of the Legislature in enacting this act to provide a
29single, comprehensive special act charter for the district,
30including all current legislative enactments and any additional
31authority granted by this act.
32     Section 2.  The Dorcas Fire District is re-created and
33reenacted to read:
34     Section 1.  Creation; intent.--The Dorcas Fire District is
35re-created as an independent fire control district which shall
36operate pursuant to this special act and the provisions of
37chapter 191, Florida Statutes, the Independent Special Fire
38Control District Act, and all other general laws, whether
39referenced herein or not, which are applicable to independent
40special districts.
41     Section 2.  Creation; boundaries.--
42     (1)  All of the following lands in Okaloosa County shall be
43incorporated as an independent special fire control district,
44which shall be a public municipal corporation for the public
45benefit, with perpetual existence, to be known as the Dorcas
46Fire District in which name it may sue and be sued, lease, own,
47possess, and convey real and personal property, by purchase or
48gift or otherwise, to carry out the purposes of this act. The
49lands so incorporated shall include the following:
50
51Commence at northwest corner of Section 7, Township 4
52North, Range 22 West; thence east along Section line to
53Okaloosa County line; thence south along Okaloosa
54County line to southeast corner of Section 36, Township
553 North, Range 22 West; thence west along Section line
56to Shoal River; thence northeasterly along Shoal River
57to west Section line of Section 6, Township 3 North,
58Range 22 West; thence north along Section line to point
59of beginning. Okaloosa County, Florida.
60
61     (2)  Any lands within a municipality included in the
62boundaries of the district as described herein shall be excluded
63from the district and its jurisdiction. If any area, tract, or
64parcel of land within the boundaries of the district shall
65hereafter become annexed to a municipality, such area, tract, or
66parcel of land shall be excluded from the district effective the
67next January 1 following such annexation by a municipality.
68Nothing contained in this act shall preclude any municipality
69from annexing lands to the territorial limits of the
70municipality even if such land is included within the district.
71     (3)  Should any part of the territory covered in this act
72be held not to be included herein, then this act shall continue
73in effect as to the balance of the territory.
74     Section 3.  Intent.--The purposes of this act are to:
75     (1)  Comply with chapter 97-256, Laws of Florida, which
76calls for the codification of charters of all independent
77special fire control districts as defined in section 191.003,
78Florida Statutes, which were created by special law or general
79law of local application.
80     (2)  Provide standards, direction, and procedures
81concerning the operation and governance of the special fire
82control district known as the Dorcas Fire District.
83     (3)  Provide greater uniformity between the Dorcas Fire
84District and other independent special fire control districts.
85     (4)  Provide greater uniformity in the financing authority
86of the Dorcas Fire District without hampering the efficiency and
87effectiveness of current authorized and implemented methods and
88procedures of raising revenues.
89     (5)  Improve communication and coordination between the
90Dorcas Fire District and other local governments with respect to
91short-range and long-range planning to meet the demands for
92service delivery while maintaining fiscal responsibility.
93     (6)  Provide uniform procedures for electing members of the
94governing board of the Dorcas Fire District to ensure greater
95accountability to the public.
96     Section 4.  Definitions.--
97     (1)  "Board" means the governing board of the Dorcas Fire
98District.
99     (2)  "District" means the Dorcas Fire District, an
100independent special fire control district as defined in section
101191.003, Florida Statutes.
102     (3)  "Elector" means a person who is a resident of the
103Dorcas Fire District and is qualified to vote in a general
104election within Okaloosa County.
105     (4)  "Emergency medical service" means basic and advanced
106life support service as defined in section 401.23, Florida
107Statutes.
108     (5)  "Rescue response service" means an initial response to
109an emergency or accident situation, including, but not limited
110to, a plane crash, a trench or building collapse, a swimming or
111boating accident, or a motor vehicle accident.
112     Section 5.  District board of commissioners; membership,
113terms of office, officers, meetings.--
114     (1)(a)  The business affairs of the district shall be
115conducted and administered by a five-member board. The board
116shall be elected in nonpartisan elections by the electors of the
117district. Except as provided in this act, such elections shall
118be held at a time and in a manner prescribed by law for holding
119general elections in accordance with section 189.405, Florida
120Statutes, and each member shall be elected for a term of 4 years
121and serve until the member's successor assumes office.
122Candidates for the board of the district shall qualify with the
123Okaloosa County Supervisor of Elections. All candidates may
124qualify by paying a filing fee of at least $25 or by obtaining
125the signatures of at least 25 registered electors of the
126district on petition forms provided by the supervisor of
127elections which petitions shall be submitted and checked in the
128same manner as petitions filed by nonpartisan judicial
129candidates pursuant to section 105.035, Florida Statutes.
130     (b)  The members of the board shall be elected by the
131electors of the district in the manner provided in this section.
132The office of each member of the board is designated as being a
133seat on the board, distinguished from each of the other seats by
134a numeral: 1, 2, 3, 4, or 5. The numerical seat designation does
135not designate a geographical subdistrict. Each candidate for a
136seat on the board shall designate, at the time the candidate
137qualifies, the seat on the board for which the candidate is
138qualifying. The name of each candidate who qualifies for
139election to a seat on the board shall be included on the ballot
140in a way that clearly indicates the seat for which the candidate
141is a candidate. The candidate for each seat who receives the
142most votes cast for a candidate for the seat shall be elected to
143the board.
144     (2)  Each member of the board must be a qualified elector
145at the time he or she qualifies and continually throughout his
146or her term.
147     (3)  Each elected member of the board shall assume office
14810 days following the member's election. Annually, within 60
149days after the newly elected members have taken office, the
150board shall organize by electing from its members a chair, a
151vice chair, a secretary, and a treasurer. The positions of
152secretary and treasure may be held by one member. Funds of the
153district may be disbursed only upon the order or pursuant to
154resolution of the board. However, a petty cash account may be
155authorized by the board. The board may give the treasurer
156additional powers and duties that it deems appropriate.
157     (4)  Members of the board may each be paid a salary or
158honorarium to be determined by at least a majority plus one vote
159of the board, which salary or honorarium may not exceed $500 per
160month for each member. Special notice of any meeting at which
161the board will consider a salary change for a board member shall
162be published at least once, at least 14 days prior to the
163meeting, in a newspaper of general circulation in Okaloosa
164County. Separate compensation for the board member serving as
165treasurer may be authorized by like vote so long as total
166compensation for the board member does not exceed $500 per
167month. Members may be reimbursed for travel and per diem
168expenses as provided in section 112.061, Florida Statutes.
169     (5)  If a vacancy occurs on the board due to the
170resignation, death, or removal of a board member or the failure
171of anyone to qualify for a board seat, the remaining members may
172appoint a qualified person to fill the seat until the next
173general election, at which time an election shall be held to
174fill the vacancy for the remaining term, if any. The board shall
175remove any member who has three consecutive unexcused absences
176from regularly scheduled meetings. The board shall adopt a
177resolution defining excused and unexcused absences.
178     (6)  Each member shall, upon assuming office, take and
179subscribe to the oath of office prescribed by s. 5(b), Art. II
180of the State Constitution and section 876.05, Florida Statutes.
181Each member, within 30 days after assuming office, must give the
182Governor a good and sufficient surety bond in the sum of $5,000,
183the cost thereof being borne by the district, conditioned on the
184member's faithful performance of his or her duties of office.
185     (7)  The board shall keep a permanent record book entitled
186"Record of Proceedings of the Dorcas Fire District," in which
187the minutes of all meetings, resolutions, proceedings,
188certificates, bonds given by commissioners, and corporate acts
189shall be recorded. The record book shall be open to inspection
190in the same manner as state, county, and municipal records are
191open under chapter 119, Florida Statutes, and s. 24, Art. I of
192the State Constitution. The record book shall be kept at the
193office or other regular place of business maintained by the
194board for the Dorcas Fire District.
195     (8)  All meetings of the board shall be open to the public,
196consistent with chapter 286, Florida Statutes, section 189.417,
197Florida Statutes, and other applicable general laws.
198     (9)  The officers of the board of commissioners shall have
199the duties usually pertaining to like officers. A record shall
200be kept of all meetings of the board in a manner consistent with
201subsection (7), and in such meetings concurrence of a majority
202of the commissioners shall be necessary to any affirmative
203action by the board.
204     (10)  The books and records of the district shall be
205audited at least annually, at the expense of the district, as
206outlined in s. 11.45, Florida Statutes.
207     Section 6.  General powers.--The district shall have and
208the board may exercise by majority vote, the following powers:
209     (1)  To sue and be sued in the name of the district, to
210adopt and use a seal and authorize the use of a facsimile
211thereof, and to make and execute contracts and other
212instruments necessary or convenient to the exercise of its
213powers.
214     (2)  To provide for a pension or retirement plan for its
215employees. Notwithstanding the prohibition against extra
216compensation as provided in section 215.425, Florida Statutes,
217the board may provide for an extra compensation program,
218including a lump-sum bonus payment program, to reward
219outstanding employees whose performance exceeds standards, if
220the program provides that a bonus payment may not be included in
221an employee's regular base rate of pay and may not be carried
222forward in subsequent years.
223     (3)  To contract for the services of consultants to perform
224planning, engineering, legal, or other professional services.
225     (4)  To borrow money and accept gifts, to apply for and use
226grants or loans of money or other property from the United
227States, the state, a unit of local government, or any person for
228any district purposes and enter into agreements required in
229connection therewith, and to hold, use, sell, and dispose of
230such moneys or property for any district purpose in accordance
231with the terms of the gift, grant, loan, or agreement relating
232thereto.
233     (5)  To adopt resolutions and procedures prescribing the
234powers, duties, and functions of the officers of the district,
235the conduct of the business of the district, the maintenance of
236records, and the form of other documents and records of the
237district. The board may also adopt ordinances and resolutions
238that are necessary to conduct district business, if such
239ordinances do not conflict with any ordinances of a local
240general-purpose government within whose jurisdiction the
241district is located. Any resolution or ordinance adopted by the
242board and approved by referendum vote of district electors may
243only be repealed by referendum vote of district electors.
244     (6)  To maintain an office at places it designates within a
245county or municipality in which the district is located and
246appoint an agent of record.
247     (7)  To acquire, by purchase, lease, gift, dedication,
248devise, or otherwise, real and personal property or any estate
249therein for any purpose authorized by this act and to trade,
250sell, or otherwise dispose of surplus real or personal property.
251The board may purchase equipment by an installment sales
252contract if funds are available to pay the current year's
253installments on the equipment and to pay the amounts due that
254year on all other installments and indebtedness.
255     (8)  To hold, control, and acquire by donation or purchase
256any public easement, dedication to public use, platted
257reservation for public purposes, or reservation for those
258purposes authorized by this act and to use such easement,
259dedication, or reservation for any purpose authorized by this
260act consistent with applicable adopted local government
261comprehensive plans and land development regulations.
262     (9)  To lease as lessor or lessee to or from any person,
263firm, corporation, association, or body, public or private, any
264facility or property of any nature for the use of the district
265when necessary to carry out the district's duties and authority
266under this act.
267     (10)  To borrow money and issue bonds, revenue anticipation
268notes, or certificates payable from and secured by a pledge of
269funds, revenues, taxes and assessments, warrants, notes, or
270other evidence of indebtedness, and to mortgage real and
271personal property when necessary to carry out the district's
272duties and authority under this act.
273     (11)  To charge user and impact fees authorized by
274resolution of the board, in amounts necessary to conduct
275district activities and services, and to enforce their receipt
276and collection in the manner prescribed by resolution and
277authorized by law. However, the imposition of impact fees may
278only be authorized as provided by subsection (4) of section 8.
279     (12)  To exercise the right and power of eminent domain,
280pursuant to chapter 73 or chapter 74, Florida Statutes, over any
281property within the district, except municipal, county, state,
282special district, or federal property used for a public purpose,
283for the uses and purposes of the district relating solely to the
284establishment and maintenance of fire stations and fire
285substations, specifically including the power to take easements
286that serve such facilities consistent with applicable adopted
287local government comprehensive plans and land development
288regulations.
289     (13)  To cooperate or contract with other persons or
290entities, including other governmental agencies, as necessary,
291convenient, incidental, or proper in connection with providing
292effective mutual aid and furthering any power, duty, or purpose
293authorized by this act.
294     (14)  To assess and impose upon real property in the
295district ad valorem taxes and non-ad valorem assessments as
296authorized by this act.
297     (15)  To impose and foreclose non-ad valorem assessment
298liens as provided by this act or to impose, collect, and enforce
299non-ad valorem assessments pursuant to chapter 197, Florida
300Statutes.
301     (16)  To select as a depository for its funds any qualified
302public depository as defined in section 280.02, Florida
303Statutes, which meets all the requirements of chapter 280,
304Florida Statutes, and has been designated by the State Treasurer
305as a qualified public depository, upon such terms and conditions
306as to the payment of interest upon the funds deposited as the
307board deems just and reasonable.
308     (17)  To provide adequate insurance on all real and
309personal property, equipment, employees, volunteer firefighters,
310and other personnel.
311     (18)  To organize, participate in, and contribute
312monetarily to organizations or associations relating to the
313delivery of or improvement of fire control, fire prevention, and
314emergency rescue services, or district administration.
315     (19)  To promulgate and enforce reasonable fire regulations
316by resolution.
317     Section 7.  Special powers.--The Dorcas Fire District shall
318provide for fire suppression and prevention by establishing and
319maintaining fire stations and fire substations and acquiring and
320maintaining such firefighting and fire protection equipment
321deemed necessary to prevent or fight fires. All construction
322shall be in compliance with applicable state, regional, and
323local regulations, including adopted comprehensive plans and
324land development regulations. The board shall have and may
325exercise any or all of the following special powers relating to
326facilities and duties authorized by this act:
327     (1)  Establish and maintain emergency medical and rescue
328response services and acquire and maintain rescue, medical, and
329other emergency equipment, pursuant to the provisions of chapter
330401, Florida Statutes, and any certificate of public convenience
331and necessity or its equivalent issued hereunder.
332     (2)  Employ, train, and equip such personnel, and train,
333coordinate, and equip such volunteer firefighters, as are
334necessary to accomplish the duties of the district. The board
335may employ and fix the compensation of a fire chief or chief
336administrator. The board shall prescribe the duties of such
337person, which shall include supervision and management of the
338operations of the district and its employees and maintenance and
339operation of its facilities and equipment. The fire chief or
340chief administrator may employ or terminate the employment of
341such other persons, including, without limitation, professional,
342supervisory, administrative, maintenance, and clerical
343employees, as are necessary and authorized by the board. The
344compensation and other conditions of employment of the officers
345and employees of the district shall be provided by the board.
346     (3)  Conduct public education to promote awareness of
347methods to prevent fires and reduce the loss of life and
348property from fires or other public safety concerns.
349     (4)  Adopt and enforce fire safety standards and codes and
350enforce the rules of the State Fire Marshall consistent with the
351exercise of the duties authorized by chapter 553 or chapter 633,
352Florida Statutes, with respect to fire suppression and
353prevention and fire safety code enforcement.
354     (5)  Conduct arson investigations and cause and origin
355investigations.
356     (6)  Adopt hazardous material safety plans and emergency
357response plans in coordination with the county emergency
358management agency as provided in chapter 252, Florida Statutes.
359     (7)  Contract with general-purpose local government for
360emergency management planning and services.
361     Section 8.  Taxes, non-ad valorem assessments; impact fees
362and user charges.--
363     (1)  AD VALOREM TAXES.--The elected board of commissioners
364may levy and assess ad valorem taxes on all taxable property in
365the district to construct, operate, and maintain district
366facilities and services, to pay the principal of, and interest
367on, general obligation bonds of the district, and to provide for
368any sinking or other funds established in connection with such
369bonds. An ad valorem tax levied by the board for operating
370purposes, exclusive of debt service on bonds, may not exceed
3713.75 mills. The levy of ad valorem taxes pursuant to this
372section must be approved by referendum called by the board.
373Nothing in this act shall require a referendum on the levy of ad
374valorem taxes in the amount as previously authorized by special
375act, general law of local application, or county ordinance
376approved by referendum. Such tax shall be assessed, levied, and
377collected in the same manner as county taxes. The levy of ad
378valorem taxes approved by referendum shall be reported within 60
379days after the vote to the Department of Community Affairs.
380     (2)  NON-AD VALOREM ASSESSMENTS.--The elected board of
381commissioners may levy non-ad valorem assessments to provide
382funds for the purposes of the district. The rate of such
383assessments must be fixed by resolution of the board pursuant to
384the procedures contained in section 9. Non-ad valorem assessment
385rates set by the board may exceed the maximum rates established
386by this or any prior special act, any county ordinance, the
387previous year's resolution, or a referendum in an amount not to
388exceed the average annual growth rate in Florida personal income
389over the previous 5 years. Non-ad valorem assessment rate
390increases within the personal income threshold are deemed to be
391within the maximum rate authorized by law at the time of initial
392imposition. Proposed non-ad valorem assessment increases which
393exceed the rate set the previous fiscal year or the rate
394previously set by special act or county ordinance, whichever is
395more recent, by more than the average annual growth rate in
396Florida personal income over the last 5 years must be approved
397by referendum of the electors of the district. Non-ad valorem
398assessments shall be imposed, collected, and enforced pursuant
399to section 9.
400     (3)  USER CHARGES.--
401     (a)  The board may provide a reasonable schedule of charges
402for special emergency services, including fighting fires
403occurring in or to structures outside the district, motor
404vehicles, marine vessels, aircraft, or rail cars, or as a result
405of the operation of such motor vehicles or marine vessels, to
406which the district is called to render such emergency service,
407and may charge a fee for the services rendered in accordance
408with the schedule.
409     (b)  The board may provide a reasonable schedule of charges
410for fighting fires occurring in or at refuse dumps or as a
411result of an illegal burn, which fire, dump, or burn is not
412authorized by general or special law, rule, regulation, order,
413or ordinance and which the district is called upon to fight or
414extinguish.
415     (c)  The board may provide a reasonable schedule of charges
416for responding to, assisting with, or mitigating emergencies
417that either threaten or could threaten the health and safety of
418persons, property, or the environment, to which the district has
419been called, including a charge for responding to false alarms.
420     (d)  The board may provide a reasonable schedule of charges
421for inspecting structures, plans, and equipment to determine
422compliance with firesafety codes and standards.
423     (e)  The district shall have a lien upon any real property,
424motor vehicle, marine vessel, aircraft, or rail car for any
425charge assessed under this subsection.
426     (4)  IMPACT FEES.--If the general-purpose local government
427has not adopted an impact fee for fire services which is
428distributed to the district for construction within its
429jurisdictional boundaries, the board may establish a schedule of
430impact fees for new construction to pay for the cost of new
431facilities and equipment, the need for which is in whole or in
432part the result of new construction. The impact fees collected
433by the district under this subsection shall be kept separate
434from other revenues of the district and must be used exclusively
435to acquire, purchase, or construct new facilities or portions
436thereof needed to provide fire protection and emergency services
437to new construction. As used in this subsection, "new
438facilities" means land, buildings, and capital equipment,
439including, but not limited to, fire and emergency vehicles,
440radio telemetry equipment, and other firefighting or rescue
441equipment. The board shall maintain adequate records to ensure
442that impact fees are expended only for permissible new
443facilities or equipment. The board may enter into agreements
444with general purpose local governments to share in the revenues
445from fire protection impact fees imposed by such governments.
446     Section 9.  Procedures for the levy and collection of non-
447ad valorem assessments.--
448     (1)  The district may provide for the levy of non-ad
449valorem assessments under this act on the lands and real estate
450benefited by the exercise of the powers authorized by this act,
451or any part thereof, for all or any part of the cost thereof. In
452addition to the provisions set forth under this act, the
453district shall also be entitled to exercise all other rights and
454powers regarding the levy and collection of additional non-ad
455valorem assessments as provided for under chapter 191, Florida
456Statutes.
457     (2)  The rate of assessment shall be fixed by resolution of
458the board of commissioners on or before June 1 of each year as
459follows:
460     (a)  One hundred fifty dollars annually shall be assessed
461against commercial buildings and commercial businesses. For the
462purpose of determining a commercial business, it is the specific
463intent of this act to tax individual businesses which are within
464a common building which are separated by walls, partitions, or
465custom. The purchase of a county occupational license shall be
466evidence of the existence of a business. Apartment buildings,
467motels, condominiums, mobile home parks, and other multiple
468family residences shall not be considered commercial buildings.
469     (b)  Each residential dwelling unit, including mobile homes
470situated on any parcel of land within said district, shall pay
471$75 annually.
472     (c)  The non-ad valorem assessment amounts as established
473under paragraphs (a) and (b) shall be subject to annual
474increases, as may be approved by the board of commissioners as
475provided for under section 8(2).
476     (3)  The board of commissioners may adopt by resolution the
477current tax assessment and collection roll compiled and prepared
478by the tax assessor of Okaloosa County, and may adopt a
479resolution fixing the levy on each lot or parcel of land subject
480to taxation in the district, or may, at its discretion, prepare
481or cause to be prepared an assessment and collection roll
482setting forth a description of each lot or parcel of land
483subject to taxation in the district together with the amount of
484assessment fixed by resolution, and shall, before June 1 of each
485year, deliver the roll to the tax assessor for collection. All
486assessments shall be made against the land subject to such
487assessments and the roll shall set forth the names of the
488respective owners of such lands.
489     (4)  Any property owner in the district shall have the
490right to file a protest in writing between June 10 and 20 of
491each year against the proposed assessments and the amount or
492rate thereof, and to appear before the board in support of such
493protest at an opening meeting or meetings which shall be held to
494hear and consider such protests and make adjustments to the
495roll.
496     (5)  Immediately after the adjustment period, the board of
497commissioners shall adopt a resolution fixing the rate of
498special assessment and shall note the amount of the levy against
499each parcel of property described in the tax roll and shall
500transmit the tax roll and a certified copy of the resolution to
501the county tax assessor on or before July 1 each year. It shall
502be the duty of the tax collector of Okaloosa County to include
503in the county tax roll the assessments made by the board of
504commissioners of the district and to collect such assessments
505according to the assessment roll and deliver the proceeds of
506such collection, less the statutory fee, monthly to the board of
507commissioners, taking the board's receipts for such funds. The
508tax collector shall, upon delivery of such funds to the board of
509commissioners, furnish the board with a description of the lands
510for which such payments are made.
511     (6)  Such special assessments shall be a lien upon the land
512so assessed along with county taxes until paid and, if the same
513become delinquent, shall be considered a part of the county tax,
514subject to the same penalties, charges, fees, and remedies for
515enforcement and collection and shall be enforced and collected
516as provided by law.
517     (7)  Such special assessments shall be of equal benefit to
518all property with fire protection being provided by the Dorcas
519Fire District pursuant to the provisions of this act.
520     (8)  The fiscal year for the district shall be from October
5211 to September 30 of each year.
522     Section 10.  District issuance of bonds, notes, bond
523anticipation notes, or other evidences of indebtedness.--
524     (1)  The district may issue general obligation bonds,
525assessment bonds, revenue bonds, notes, bond anticipation notes,
526or other evidences of indebtedness to finance all or a part of
527any proposed improvements authorized to be undertaken under this
528act or under general or special law, provided the total annual
529payments for the principal and interest on such indebtedness
530shall not exceed 50 percent of the total annual budgeted
531revenues of the district. The bonds shall be issued in such
532denominations, mature on such dates and in such amounts, and may
533be subject to optional and mandatory redemption as determined by
534resolutions adopted by the board. Bonds of the district may bear
535interest at a fixed, floating, or adjustable rate and may be
536issued as interest bearing bonds, interest accruing bonds, or
537zero coupon bonds at such rate or rates, not exceeding the
538maximum rate permitted by general law, as determined by
539resolution of the board. Principal and interest shall be payable
540in the manner determined by the board. The bonds shall be signed
541by manual or facsimile signature of the chair or vice chair of
542the board, attested with the seal of the district and by the
543manual or facsimile signature of the secretary or assistant
544secretary of the board.
545     (2)  The bonds shall be payable from the non-ad valorem
546assessments or other non-ad valorem revenues, including, without
547limitation, user fees or charges or rental income authorized to
548be levied, collected, or received pursuant to this act or
549general law. General obligation bonds payable from ad valorem
550taxes may also be issued by the district, but only after
551compliance with s. 12, Art. VII of the State Constitution.
552Subject to referendum approval, a district may pledge its full
553faith and credit for the payment of principal and interest on
554such general obligation bonds and for any reserve funds provided
555therefor and may unconditionally and irrevocably pledge itself
556to levy ad valorem taxes on all property in the district to the
557extent necessary for the payment thereof. The district is
558authorized, after notice and opportunity to be heard has been
559afforded to those affected, to impose, charge, and collect non-
560ad valorem revenues in connection with any of the improvements
561authorized under this act and to pledge the same for the payment
562of bonds.
563     (3)  In connection with the sale and issuance of bonds, the
564district may enter into any contracts which the board determines
565to be necessary or appropriate to achieve a desirable effective
566interest rate in connection with the bonds by means of, but not
567limited to, contracts commonly known as investment contracts,
568funding agreements, interest rate swap agreements, currency swap
569agreements, forward payment conversion agreements, futures, or
570contracts providing for payments based on levels of or changes
571in interest rates, or contracts to exchange cash flows or a
572series of payments, or contracts, including, without limitation,
573options, puts, or calls, to hedge payment, rate, spread, or
574similar exposure. Such contracts or arrangements may also be
575entered into by the district in connection with, or incidental
576to, entering into any agreement which secures bonds or provides
577liquidity therefor. Such contracts and arrangements shall be
578made upon the terms and conditions established by the board,
579after giving due consideration to the credit worthiness of the
580counter parties, where applicable, including any rating by a
581nationally recognized rating service or any other criteria as
582may be appropriate.
583     (4)  In connection with the sale and issuance of the bonds,
584or the entering into of any of the contracts or arrangements
585referred to in subsection (3), the district may enter into such
586credit enhancement or liquidity agreements, with such payment,
587interest rate, security, default, remedy, and any other terms
588and conditions as the board shall determine.
589     (5)  Notwithstanding any provision of law relating to the
590investment or reinvestment of surplus funds of any governmental
591unit, proceeds of the bonds and any money set aside or pledged
592to secure payment of the principal, or premium, if any, and
593interest on the bonds, or any of the contracts entered into
594pursuant to subsection (3), may be invested in securities or
595obligations described in the resolution providing for the
596issuance of bonds.
597     (6)  The bonds shall be sold in any manner not inconsistent
598with general law, shall show the purpose for which they are
599issued, and shall be payable out of the money pledged therefor.
600The funds derived from the sale of said bonds or any contract or
601arrangement shall be used for the purpose of paying the cost of
602the services or improvements and such costs, expenses, fees, and
603salaries as may be authorized by law.
604     (7)  Non-ad valorem assessments or any portion thereof
605levied to pay the principal on bonds issued pursuant to this act
606with respect to improvements financed therewith shall not exceed
607the benefits assessed regarding such works or improvements. If
608the bonds are sold at a discount, the amount of the discount
609shall be treated as interest, not as principal. Premiums payable
610upon the redemption of bonds shall also be treated as interest.
611Interest to accrue on account of issuing bonds shall not be
612construed as a part of the costs of the works or improvements in
613determining whether or not the costs of making such improvements
614are equal to or in excess of the benefits assessed. If the
615property appraiser and tax collector deduct their fees and
616charges from the amount of non-ad valorem assessments levied and
617collected, and if the landowners receive the statutorily
618permitted discount for early payment of such non-ad valorem
619assessments, the amount of such fees, charges, and discount
620shall not be included in the amount of non-ad valorem
621assessments levied by the district in determining whether such
622assessments are equal to or in excess of the benefits assessed.
623     (8)  The district may, whenever in the judgment of the
624board it is advisable and in the best interests of the
625landowners in the district, issue bonds to refund any or all of
626the then-outstanding bonded indebtedness of the district.
627     (9)  The principal amount of refunding bonds may be in any
628amount not in excess of the benefits assessed against the lands
629with respect to which the refunded bonds were issued less the
630principal amount of the refunded bonds previously paid from non-
631ad valorem assessments. The proceeds of such refunding bonds
632shall be used only to pay the principal, premium, if any, and
633interest on the bonds to be refunded and any discount or expense
634of the sale of the refunding bonds and to provide a debt service
635reserve fund for the refunding bonds. The district may also use
636other available revenues to pay costs associated with the
637issuance or administration of the refunding bonds.
638     (10)  Assessments shall be levied for the payment of the
639refunding bonds in the same manner as the assessments levied for
640the refunded bonds and the refunding bonds shall be secured by
641the same lien as the refunded bonds, and any additional interest
642which accrues on account of the refunding bonds shall be
643included and added to the original assessment and shall be
644secured by the same lien, provided any interest accrued shall
645not be considered as a part of the cost of construction in
646determining whether the assessment exceeds the benefits
647assessed.
648     (11)  No proceedings shall be required for the issuance of
649bonds or refunding bonds other than those provided by this
650section and by general law.
651     Section 11.  District expansion and merger.--
652     (1)  The boundaries of the district may be modified,
653extended, or enlarged upon approval or ratification by the
654Legislature.
655     (2)  The merger of the district with all or portions of
656other independent or dependent fire control districts is
657effective only upon ratification by the Legislature. The
658district may not, solely by reason of a merger with another
659governmental entity, increase ad valorem taxes on property
660within the original limits of the district beyond the maximum
661established by this act, unless approved by the electors of the
662district by referendum.
663     Section 3.  If any clause, section, or provision of this
664act shall be declared unconstitutional or invalid for any
665reason, it shall be eliminated from this act, and the remaining
666portion of the act shall be in full force and effect and be as
667valid as if such invalid portion thereof had not been
668incorporated therein.
669     Section 4.  This act shall take effect upon becoming a law.


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