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;
12providing requirements and procedures for the levy of ad
13valorem taxes, non-ad valorem assessments, user charges,
14and impact fees; providing for referenda; providing for
15enforcement; providing for requirements and procedures for
16issuance of bonds; providing for expansion and merger of
17the district boundaries; providing for severability;
18providing an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  This act constitutes the codification of all
23ordinances relating to the Dorcas Fire District. It is the
24intent of the Legislature in enacting this act to provide a
25single, comprehensive special act charter for the district,
26including all current legislative enactments and any additional
27authority granted by this act.
28     Section 2.  The Dorcas Fire District is re-created and
29reenacted to read:
30     Section 1.  Creation; intent.--The Dorcas Fire District is
31re-created as an independent fire control district which shall
32operate pursuant to this special act and the provisions of
33chapter 191, Florida Statutes, the Independent Special Fire
34Control District Act, and all other general laws, whether
35referenced herein or not, which are applicable to independent
36special districts.
37     Section 2.  Creation; boundaries.--
38     (1)  All of the following lands in Okaloosa County shall be
39incorporated as an independent special fire control district,
40which shall be a public municipal corporation for the public
41benefit, with perpetual existence, to be known as the Dorcas
42Fire District in which name it may sue and be sued, lease, own,
43possess, and convey real and personal property, by purchase or
44gift or otherwise, to carry out the purposes of this act. The
45lands so incorporated shall include the following:
46
47Commence at northwest corner of Section 7, Township 4
48North, Range 22 West; thence east along Section line to
49Okaloosa County line; thence south along Okaloosa
50County line to southeast corner of Section 36, Township
513 North, Range 22 West; thence west along Section line
52to Shoal River; thence northeasterly along Shoal River
53to west Section line of Section 6, Township 3 North,
54Range 22 West; thence north along Section line to point
55of beginning. Okaloosa County, Florida.
56
57     (2)  Any lands within a municipality included in the
58boundaries of the district as described herein shall be excluded
59from the district and its jurisdiction. If any area, tract, or
60parcel of land within the boundaries of the district shall
61hereafter become annexed to a municipality, such area, tract, or
62parcel of land shall be excluded from the district effective the
63next January 1 following such annexation by a municipality.
64Nothing contained in this act shall preclude any municipality
65from annexing lands to the territorial limits of the
66municipality even if such land is included within the district.
67     (3)  Should any part of the territory covered in this act
68be held not to be included herein, then this act shall continue
69in effect as to the balance of the territory.
70     Section 3.  Intent.--The purposes of this act are to:
71     (1)  Comply with chapter 97-256, Laws of Florida, which
72calls for the codification of charters of all independent
73special fire control districts as defined in section 191.003,
74Florida Statutes, which were created by special law or general
75law of local application.
76     (2)  Provide standards, direction, and procedures
77concerning the operation and governance of the special fire
78control district known as the Dorcas Fire District.
79     (3)  Provide greater uniformity between the Dorcas Fire
80District and other independent special fire control districts.
81     (4)  Provide greater uniformity in the financing authority
82of the Dorcas Fire District without hampering the efficiency and
83effectiveness of current authorized and implemented methods and
84procedures of raising revenues.
85     (5)  Improve communication and coordination between the
86Dorcas Fire District and other local governments with respect to
87short-range and long-range planning to meet the demands for
88service delivery while maintaining fiscal responsibility.
89     (6)  Provide uniform procedures for electing members of the
90governing board of the Dorcas Fire District to ensure greater
91accountability to the public.
92     Section 4.  Definitions.--
93     (1)  "Board" means the governing board of the Dorcas Fire
94District.
95     (2)  "District" means the Dorcas Fire District, an
96independent special fire control district as defined in section
97191.003, Florida Statutes.
98     (3)  "Elector" means a person who is a resident of the
99Dorcas Fire District and is qualified to vote in a general
100election within Okaloosa County.
101     (4)  "Emergency medical service" means basic and advanced
102life support service as defined in section 401.23, Florida
103Statutes.
104     (5)  "Rescue response service" means an initial response to
105an emergency or accident situation, including, but not limited
106to, a plane crash, a trench or building collapse, a swimming or
107boating accident, or a motor vehicle accident.
108     Section 5.  District board of commissioners; membership,
109terms of office, officers, meetings.--
110     (1)(a)  The business affairs of the district shall be
111conducted and administered by a five-member board. The board
112shall be elected in nonpartisan elections by the electors of the
113district. Except as provided in this act, such elections shall
114be held at a time and in a manner prescribed by law for holding
115general elections in accordance with section 189.405, Florida
116Statutes, and each member shall be elected for a term of 4 years
117and serve until the member's successor assumes office.
118Candidates for the board of the district shall qualify with the
119Okaloosa County Supervisor of Elections. All candidates may
120qualify by paying a filing fee of at least $25 or by obtaining
121the signatures of at least 25 registered electors of the
122district on petition forms provided by the supervisor of
123elections which petitions shall be submitted and checked in the
124same manner as petitions filed by nonpartisan judicial
125candidates pursuant to section 105.035, Florida Statutes.
126     (b)  The members of the board shall be elected by the
127electors of the district in the manner provided in this section.
128The office of each member of the board is designated as being a
129seat on the board, distinguished from each of the other seats by
130a numeral: 1, 2, 3, 4, or 5. The numerical seat designation does
131not designate a geographical subdistrict. Each candidate for a
132seat on the board shall designate, at the time the candidate
133qualifies, the seat on the board for which the candidate is
134qualifying. The name of each candidate who qualifies for
135election to a seat on the board shall be included on the ballot
136in a way that clearly indicates the seat for which the candidate
137is a candidate. The candidate for each seat who receives the
138most votes cast for a candidate for the seat shall be elected to
139the board.
140     (2)  Each member of the board must be a qualified elector
141at the time he or she qualifies and continually throughout his
142or her term.
143     (3)  Each elected member of the board shall assume office
14410 days following the member's election. Annually, within 60
145days after the newly elected members have taken office, the
146board shall organize by electing from its members a chair, a
147vice chair, a secretary, and a treasurer. The positions of
148secretary and treasure may be held by one member. Funds of the
149district may be disbursed only upon the order or pursuant to
150resolution of the board. However, a petty cash account may be
151authorized by the board. The board may give the treasurer
152additional powers and duties that it deems appropriate.
153     (4)  Members of the board may each be paid a salary or
154honorarium to be determined by at least a majority plus one vote
155of the board, which salary or honorarium may not exceed $500 per
156month for each member. Special notice of any meeting at which
157the board will consider a salary change for a board member shall
158be published at least once, at least 14 days prior to the
159meeting, in a newspaper of general circulation in Okaloosa
160County. Separate compensation for the board member serving as
161treasurer may be authorized by like vote so long as total
162compensation for the board member does not exceed $500 per
163month. Members may be reimbursed for travel and per diem
164expenses as provided in section 112.061, Florida Statutes.
165     (5)  If a vacancy occurs on the board due to the
166resignation, death, or removal of a board member or the failure
167of anyone to qualify for a board seat, the remaining members may
168appoint a qualified person to fill the seat until the next
169general election, at which time an election shall be held to
170fill the vacancy for the remaining term, if any. The board shall
171remove any member who has three consecutive unexcused absences
172from regularly scheduled meetings. The board shall adopt a
173resolution defining excused and unexcused absences.
174     (6)  Each member shall, upon assuming office, take and
175subscribe to the oath of office prescribed by s. 5(b), Art. II
176of the State Constitution and section 876.05, Florida Statutes.
177Each member, within 30 days after assuming office, must give the
178Governor a good and sufficient surety bond in the sum of $5,000,
179the cost thereof being borne by the district, conditioned on the
180member's faithful performance of his or her duties of office.
181     (7)  The board shall keep a permanent record book entitled
182"Record of Proceedings of the Dorcas Fire District," in which
183the minutes of all meetings, resolutions, proceedings,
184certificates, bonds given by commissioners, and corporate acts
185shall be recorded. The record book shall be open to inspection
186in the same manner as state, county, and municipal records are
187open under chapter 119, Florida Statutes, and s. 24, Art. I of
188the State Constitution. The record book shall be kept at the
189office or other regular place of business maintained by the
190board for the Dorcas Fire District.
191     (8)  All meetings of the board shall be open to the public,
192consistent with chapter 286, Florida Statutes, section 189.417,
193Florida Statutes, and other applicable general laws.
194     (9)  The officers of the board of commissioners shall have
195the duties usually pertaining to like officers. A record shall
196be kept of all meetings of the board in a manner consistent with
197subsection (7), and in such meetings concurrence of a majority
198of the commissioners shall be necessary to any affirmative
199action by the board.
200     (10)  The books and records of the district shall be
201audited at least annually, at the expense of the district, as
202outlined in s. 11.45, Florida Statutes.
203     Section 6.  General powers.--The district shall have and
204the board may exercise by majority vote, the following powers:
205     (1)  To sue and be sued in the name of the district, to
206adopt and use a seal and authorize the use of a facsimile
207thereof, and to make and execute contracts and other
208instruments necessary or convenient to the exercise of its
209powers.
210     (2)  To provide for a pension or retirement plan for its
211employees. Notwithstanding the prohibition against extra
212compensation as provided in section 215.425, Florida Statutes,
213the board may provide for an extra compensation program,
214including a lump-sum bonus payment program, to reward
215outstanding employees whose performance exceeds standards, if
216the program provides that a bonus payment may not be included in
217an employee's regular base rate of pay and may not be carried
218forward in subsequent years.
219     (3)  To contract for the services of consultants to perform
220planning, engineering, legal, or other professional services.
221     (4)  To borrow money and accept gifts, to apply for and use
222grants or loans of money or other property from the United
223States, the state, a unit of local government, or any person for
224any district purposes and enter into agreements required in
225connection therewith, and to hold, use, sell, and dispose of
226such moneys or property for any district purpose in accordance
227with the terms of the gift, grant, loan, or agreement relating
228thereto.
229     (5)  To adopt resolutions and procedures prescribing the
230powers, duties, and functions of the officers of the district,
231the conduct of the business of the district, the maintenance of
232records, and the form of other documents and records of the
233district. The board may also adopt ordinances and resolutions
234that are necessary to conduct district business, if such
235ordinances do not conflict with any ordinances of a local
236general-purpose government within whose jurisdiction the
237district is located. Any resolution or ordinance adopted by the
238board and approved by referendum vote of district electors may
239only be repealed by referendum vote of district electors.
240     (6)  To maintain an office at places it designates within a
241county or municipality in which the district is located and
242appoint an agent of record.
243     (7)  To acquire, by purchase, lease, gift, dedication,
244devise, or otherwise, real and personal property or any estate
245therein for any purpose authorized by this act and to trade,
246sell, or otherwise dispose of surplus real or personal property.
247The board may purchase equipment by an installment sales
248contract if funds are available to pay the current year's
249installments on the equipment and to pay the amounts due that
250year on all other installments and indebtedness.
251     (8)  To hold, control, and acquire by donation or purchase
252any public easement, dedication to public use, platted
253reservation for public purposes, or reservation for those
254purposes authorized by this act and to use such easement,
255dedication, or reservation for any purpose authorized by this
256act consistent with applicable adopted local government
257comprehensive plans and land development regulations.
258     (9)  To lease as lessor or lessee to or from any person,
259firm, corporation, association, or body, public or private, any
260facility or property of any nature for the use of the district
261when necessary to carry out the district's duties and authority
262under this act.
263     (10)  To borrow money and issue bonds, revenue anticipation
264notes, or certificates payable from and secured by a pledge of
265funds, revenues, taxes and assessments, warrants, notes, or
266other evidence of indebtedness, and to mortgage real and
267personal property when necessary to carry out the district's
268duties and authority under this act.
269     (11)  To charge user and impact fees authorized by
270resolution of the board, in amounts necessary to conduct
271district activities and services, and to enforce their receipt
272and collection in the manner prescribed by resolution and
273authorized by law. However, the imposition of impact fees may
274only be authorized as provided by subsection (4) of section 8.
275     (12)  To exercise the right and power of eminent domain,
276pursuant to chapter 73 or chapter 74, Florida Statutes, over any
277property within the district, except municipal, county, state,
278special district, or federal property used for a public purpose,
279for the uses and purposes of the district relating solely to the
280establishment and maintenance of fire stations and fire
281substations, specifically including the power to take easements
282that serve such facilities consistent with applicable adopted
283local government comprehensive plans and land development
284regulations.
285     (13)  To cooperate or contract with other persons or
286entities, including other governmental agencies, as necessary,
287convenient, incidental, or proper in connection with providing
288effective mutual aid and furthering any power, duty, or purpose
289authorized by this act.
290     (14)  To assess and impose upon real property in the
291district ad valorem taxes and non-ad valorem assessments as
292authorized by this act.
293     (15)  To impose and foreclose non-ad valorem assessment
294liens as provided by this act or to impose, collect, and enforce
295non-ad valorem assessments pursuant to chapter 197, Florida
296Statutes.
297     (16)  To select as a depository for its funds any qualified
298public depository as defined in section 280.02, Florida
299Statutes, which meets all the requirements of chapter 280,
300Florida Statutes, and has been designated by the State Treasurer
301as a qualified public depository, upon such terms and conditions
302as to the payment of interest upon the funds deposited as the
303board deems just and reasonable.
304     (17)  To provide adequate insurance on all real and
305personal property, equipment, employees, volunteer firefighters,
306and other personnel.
307     (18)  To organize, participate in, and contribute
308monetarily to organizations or associations relating to the
309delivery of or improvement of fire control, fire prevention, and
310emergency rescue services, or district administration.
311     (19)  To promulgate and enforce reasonable fire regulations
312by resolution.
313     Section 7.  Special powers.--The Dorcas Fire District shall
314provide for fire suppression and prevention by establishing and
315maintaining fire stations and fire substations and acquiring and
316maintaining such firefighting and fire protection equipment
317deemed necessary to prevent or fight fires. All construction
318shall be in compliance with applicable state, regional, and
319local regulations, including adopted comprehensive plans and
320land development regulations. The board shall have and may
321exercise any or all of the following special powers relating to
322facilities and duties authorized by this act:
323     (1)  Establish and maintain emergency medical and rescue
324response services and acquire and maintain rescue, medical, and
325other emergency equipment, pursuant to the provisions of chapter
326401, Florida Statutes, and any certificate of public convenience
327and necessity or its equivalent issued hereunder.
328     (2)  Employ, train, and equip such personnel, and train,
329coordinate, and equip such volunteer firefighters, as are
330necessary to accomplish the duties of the district. The board
331may employ and fix the compensation of a fire chief or chief
332administrator. The board shall prescribe the duties of such
333person, which shall include supervision and management of the
334operations of the district and its employees and maintenance and
335operation of its facilities and equipment. The fire chief or
336chief administrator may employ or terminate the employment of
337such other persons, including, without limitation, professional,
338supervisory, administrative, maintenance, and clerical
339employees, as are necessary and authorized by the board. The
340compensation and other conditions of employment of the officers
341and employees of the district shall be provided by the board.
342     (3)  Conduct public education to promote awareness of
343methods to prevent fires and reduce the loss of life and
344property from fires or other public safety concerns.
345     (4)  Adopt and enforce fire safety standards and codes and
346enforce the rules of the State Fire Marshall consistent with the
347exercise of the duties authorized by chapter 553 or chapter 633,
348Florida Statutes, with respect to fire suppression and
349prevention and fire safety code enforcement.
350     (5)  Conduct arson investigations and cause and origin
351investigations.
352     (6)  Adopt hazardous material safety plans and emergency
353response plans in coordination with the county emergency
354management agency as provided in chapter 252, Florida Statutes.
355     (7)  Contract with general-purpose local government for
356emergency management planning and services.
357     Section 8.  Taxes, non-ad valorem assessments; impact fees
358and user charges.--
359     (1)  AD VALOREM TAXES.--The elected board of commissioners
360may levy and assess ad valorem taxes on all taxable property in
361the district to construct, operate, and maintain district
362facilities and services, to pay the principal of, and interest
363on, general obligation bonds of the district, and to provide for
364any sinking or other funds established in connection with such
365bonds. An ad valorem tax levied by the board for operating
366purposes, exclusive of debt service on bonds, may not exceed
3673.75 mills. The levy of ad valorem taxes pursuant to this
368section must be approved by referendum called by the board.
369Nothing in this act shall require a referendum on the levy of ad
370valorem taxes in the amount as previously authorized by special
371act, general law of local application, or county ordinance
372approved by referendum. Such tax shall be assessed, levied, and
373collected in the same manner as county taxes. The levy of ad
374valorem taxes approved by referendum shall be reported within 60
375days after the vote to the Department of Community Affairs.
376     (2)  NON-AD VALOREM ASSESSMENTS.--The elected board of
377commissioners may levy non-ad valorem assessments to provide
378funds for the purposes of the district. The rate of such
379assessments must be fixed by resolution of the board pursuant to
380the procedures contained in section 9. Non-ad valorem assessment
381rates set by the board may exceed the maximum rates established
382by this or any prior special act, any county ordinance, the
383previous year's resolution, or a referendum in an amount not to
384exceed the average annual growth rate in Florida personal income
385over the previous 5 years. Non-ad valorem assessment rate
386increases within the personal income threshold are deemed to be
387within the maximum rate authorized by law at the time of initial
388imposition. Proposed non-ad valorem assessment increases which
389exceed the rate set the previous fiscal year or the rate
390previously set by special act or county ordinance, whichever is
391more recent, by more than the average annual growth rate in
392Florida personal income over the last 5 years must be approved
393by referendum of the electors of the district. Non-ad valorem
394assessments shall be imposed, collected, and enforced pursuant
395to section 9.
396     (3)  USER CHARGES.--
397     (a)  The board may provide a reasonable schedule of charges
398for special emergency services, including fighting fires
399occurring in or to structures outside the district, motor
400vehicles, marine vessels, aircraft, or rail cars, or as a result
401of the operation of such motor vehicles or marine vessels, to
402which the district is called to render such emergency service,
403and may charge a fee for the services rendered in accordance
404with the schedule.
405     (b)  The board may provide a reasonable schedule of charges
406for fighting fires occurring in or at refuse dumps or as a
407result of an illegal burn, which fire, dump, or burn is not
408authorized by general or special law, rule, regulation, order,
409or ordinance and which the district is called upon to fight or
410extinguish.
411     (c)  The board may provide a reasonable schedule of charges
412for responding to, assisting with, or mitigating emergencies
413that either threaten or could threaten the health and safety of
414persons, property, or the environment, to which the district has
415been called, including a charge for responding to false alarms.
416     (d)  The board may provide a reasonable schedule of charges
417for inspecting structures, plans, and equipment to determine
418compliance with firesafety codes and standards.
419     (e)  The district shall have a lien upon any real property,
420motor vehicle, marine vessel, aircraft, or rail car for any
421charge assessed under this subsection.
422     (4)  IMPACT FEES.--If the general-purpose local government
423has not adopted an impact fee for fire services which is
424distributed to the district for construction within its
425jurisdictional boundaries, the board may establish a schedule of
426impact fees for new construction to pay for the cost of new
427facilities and equipment, the need for which is in whole or in
428part the result of new construction. The impact fees collected
429by the district under this subsection shall be kept separate
430from other revenues of the district and must be used exclusively
431to acquire, purchase, or construct new facilities or portions
432thereof needed to provide fire protection and emergency services
433to new construction. As used in this subsection, "new
434facilities" means land, buildings, and capital equipment,
435including, but not limited to, fire and emergency vehicles,
436radio telemetry equipment, and other firefighting or rescue
437equipment. The board shall maintain adequate records to ensure
438that impact fees are expended only for permissible new
439facilities or equipment. The board may enter into agreements
440with general purpose local governments to share in the revenues
441from fire protection impact fees imposed by such governments.
442     Section 9.  Procedures for the levy and collection of non-
443ad valorem assessments.--
444     (1)  The district may provide for the levy of non-ad
445valorem assessments under this act on the lands and real estate
446benefited by the exercise of the powers authorized by this act,
447or any part thereof, for all or any part of the cost thereof. In
448addition to the provisions set forth under this act, the
449district shall also be entitled to exercise all other rights and
450powers regarding the levy and collection of additional non-ad
451valorem assessments as provided for under chapter 191, Florida
452Statutes.
453     (2)  The rate of assessment shall be fixed by resolution of
454the board of commissioners on or before June 1 of each year as
455follows:
456     (a)  One hundred fifty dollars annually shall be assessed
457against commercial buildings and commercial businesses. For the
458purpose of determining a commercial business, it is the specific
459intent of this act to tax individual businesses which are within
460a common building which are separated by walls, partitions, or
461custom. The purchase of a county occupational license shall be
462evidence of the existence of a business. Apartment buildings,
463motels, condominiums, mobile home parks, and other multiple
464family residences shall not be considered commercial buildings.
465     (b)  Each residential dwelling unit, including mobile homes
466situated on any parcel of land within said district, shall pay
467$75 annually.
468     (c)  The non-ad valorem assessment amounts as established
469under paragraphs (a) and (b) shall be subject to annual
470increases, as may be approved by the board of commissioners as
471provided for under section 8(2).
472     (3)  The board of commissioners may adopt by resolution the
473current tax assessment and collection roll compiled and prepared
474by the tax assessor of Okaloosa County, and may adopt a
475resolution fixing the levy on each lot or parcel of land subject
476to taxation in the district, or may, at its discretion, prepare
477or cause to be prepared an assessment and collection roll
478setting forth a description of each lot or parcel of land
479subject to taxation in the district together with the amount of
480assessment fixed by resolution, and shall, before June 1 of each
481year, deliver the roll to the tax assessor for collection. All
482assessments shall be made against the land subject to such
483assessments and the roll shall set forth the names of the
484respective owners of such lands.
485     (4)  Any property owner in the district shall have the
486right to file a protest in writing between June 10 and 20 of
487each year against the proposed assessments and the amount or
488rate thereof, and to appear before the board in support of such
489protest at an opening meeting or meetings which shall be held to
490hear and consider such protests and make adjustments to the
491roll.
492     (5)  Immediately after the adjustment period, the board of
493commissioners shall adopt a resolution fixing the rate of
494special assessment and shall note the amount of the levy against
495each parcel of property described in the tax roll and shall
496transmit the tax roll and a certified copy of the resolution to
497the county tax assessor on or before July 1 each year. It shall
498be the duty of the tax collector of Okaloosa County to include
499in the county tax roll the assessments made by the board of
500commissioners of the district and to collect such assessments
501according to the assessment roll and deliver the proceeds of
502such collection, less the statutory fee, monthly to the board of
503commissioners, taking the board's receipts for such funds. The
504tax collector shall, upon delivery of such funds to the board of
505commissioners, furnish the board with a description of the lands
506for which such payments are made.
507     (6)  Such special assessments shall be a lien upon the land
508so assessed along with county taxes until paid and, if the same
509become delinquent, shall be considered a part of the county tax,
510subject to the same penalties, charges, fees, and remedies for
511enforcement and collection and shall be enforced and collected
512as provided by law.
513     (7)  Such special assessments shall be of equal benefit to
514all property with fire protection being provided by the Dorcas
515Fire District pursuant to the provisions of this act.
516     (8)  The fiscal year for the district shall be from October
5171 to September 30 of each year.
518     Section 10.  District issuance of bonds, notes, bond
519anticipation notes, or other evidences of indebtedness.--
520     (1)  The district may issue general obligation bonds,
521assessment bonds, revenue bonds, notes, bond anticipation notes,
522or other evidences of indebtedness to finance all or a part of
523any proposed improvements authorized to be undertaken under this
524act or under general or special law, provided the total annual
525payments for the principal and interest on such indebtedness
526shall not exceed 50 percent of the total annual budgeted
527revenues of the district. The bonds shall be issued in such
528denominations, mature on such dates and in such amounts, and may
529be subject to optional and mandatory redemption as determined by
530resolutions adopted by the board. Bonds of the district may bear
531interest at a fixed, floating, or adjustable rate and may be
532issued as interest bearing bonds, interest accruing bonds, or
533zero coupon bonds at such rate or rates, not exceeding the
534maximum rate permitted by general law, as determined by
535resolution of the board. Principal and interest shall be payable
536in the manner determined by the board. The bonds shall be signed
537by manual or facsimile signature of the chair or vice chair of
538the board, attested with the seal of the district and by the
539manual or facsimile signature of the secretary or assistant
540secretary of the board.
541     (2)  The bonds shall be payable from the non-ad valorem
542assessments or other non-ad valorem revenues, including, without
543limitation, user fees or charges or rental income authorized to
544be levied, collected, or received pursuant to this act or
545general law. General obligation bonds payable from ad valorem
546taxes may also be issued by the district, but only after
547compliance with s. 12, Art. VII of the State Constitution.
548Subject to referendum approval, a district may pledge its full
549faith and credit for the payment of principal and interest on
550such general obligation bonds and for any reserve funds provided
551therefor and may unconditionally and irrevocably pledge itself
552to levy ad valorem taxes on all property in the district to the
553extent necessary for the payment thereof. The district is
554authorized, after notice and opportunity to be heard has been
555afforded to those affected, to impose, charge, and collect non-
556ad valorem revenues in connection with any of the improvements
557authorized under this act and to pledge the same for the payment
558of bonds.
559     (3)  In connection with the sale and issuance of bonds, the
560district may enter into any contracts which the board determines
561to be necessary or appropriate to achieve a desirable effective
562interest rate in connection with the bonds by means of, but not
563limited to, contracts commonly known as investment contracts,
564funding agreements, interest rate swap agreements, currency swap
565agreements, forward payment conversion agreements, futures, or
566contracts providing for payments based on levels of or changes
567in interest rates, or contracts to exchange cash flows or a
568series of payments, or contracts, including, without limitation,
569options, puts, or calls, to hedge payment, rate, spread, or
570similar exposure. Such contracts or arrangements may also be
571entered into by the district in connection with, or incidental
572to, entering into any agreement which secures bonds or provides
573liquidity therefor. Such contracts and arrangements shall be
574made upon the terms and conditions established by the board,
575after giving due consideration to the credit worthiness of the
576counter parties, where applicable, including any rating by a
577nationally recognized rating service or any other criteria as
578may be appropriate.
579     (4)  In connection with the sale and issuance of the bonds,
580or the entering into of any of the contracts or arrangements
581referred to in subsection (3), the district may enter into such
582credit enhancement or liquidity agreements, with such payment,
583interest rate, security, default, remedy, and any other terms
584and conditions as the board shall determine.
585     (5)  Notwithstanding any provision of law relating to the
586investment or reinvestment of surplus funds of any governmental
587unit, proceeds of the bonds and any money set aside or pledged
588to secure payment of the principal, or premium, if any, and
589interest on the bonds, or any of the contracts entered into
590pursuant to subsection (3), may be invested in securities or
591obligations described in the resolution providing for the
592issuance of bonds.
593     (6)  The bonds shall be sold in any manner not inconsistent
594with general law, shall show the purpose for which they are
595issued, and shall be payable out of the money pledged therefor.
596The funds derived from the sale of said bonds or any contract or
597arrangement shall be used for the purpose of paying the cost of
598the services or improvements and such costs, expenses, fees, and
599salaries as may be authorized by law.
600     (7)  Non-ad valorem assessments or any portion thereof
601levied to pay the principal on bonds issued pursuant to this act
602with respect to improvements financed therewith shall not exceed
603the benefits assessed regarding such works or improvements. If
604the bonds are sold at a discount, the amount of the discount
605shall be treated as interest, not as principal. Premiums payable
606upon the redemption of bonds shall also be treated as interest.
607Interest to accrue on account of issuing bonds shall not be
608construed as a part of the costs of the works or improvements in
609determining whether or not the costs of making such improvements
610are equal to or in excess of the benefits assessed. If the
611property appraiser and tax collector deduct their fees and
612charges from the amount of non-ad valorem assessments levied and
613collected, and if the landowners receive the statutorily
614permitted discount for early payment of such non-ad valorem
615assessments, the amount of such fees, charges, and discount
616shall not be included in the amount of non-ad valorem
617assessments levied by the district in determining whether such
618assessments are equal to or in excess of the benefits assessed.
619     (8)  The district may, whenever in the judgment of the
620board it is advisable and in the best interests of the
621landowners in the district, issue bonds to refund any or all of
622the then-outstanding bonded indebtedness of the district.
623     (9)  The principal amount of refunding bonds may be in any
624amount not in excess of the benefits assessed against the lands
625with respect to which the refunded bonds were issued less the
626principal amount of the refunded bonds previously paid from non-
627ad valorem assessments. The proceeds of such refunding bonds
628shall be used only to pay the principal, premium, if any, and
629interest on the bonds to be refunded and any discount or expense
630of the sale of the refunding bonds and to provide a debt service
631reserve fund for the refunding bonds. The district may also use
632other available revenues to pay costs associated with the
633issuance or administration of the refunding bonds.
634     (10)  Assessments shall be levied for the payment of the
635refunding bonds in the same manner as the assessments levied for
636the refunded bonds and the refunding bonds shall be secured by
637the same lien as the refunded bonds, and any additional interest
638which accrues on account of the refunding bonds shall be
639included and added to the original assessment and shall be
640secured by the same lien, provided any interest accrued shall
641not be considered as a part of the cost of construction in
642determining whether the assessment exceeds the benefits
643assessed.
644     (11)  No proceedings shall be required for the issuance of
645bonds or refunding bonds other than those provided by this
646section and by general law.
647     Section 11.  District expansion and merger.--
648     (1)  The boundaries of the district may be modified,
649extended, or enlarged upon approval or ratification by the
650Legislature.
651     (2)  The merger of the district with all or portions of
652other independent or dependent fire control districts is
653effective only upon ratification by the Legislature. The
654district may not, solely by reason of a merger with another
655governmental entity, increase ad valorem taxes on property
656within the original limits of the district beyond the maximum
657established by this act, unless approved by the electors of the
658district by referendum.
659     Section 3.  If any clause, section, or provision of this
660act shall be declared unconstitutional or invalid for any
661reason, it shall be eliminated from this act, and the remaining
662portion of the act shall be in full force and effect and be as
663valid as if such invalid portion thereof had not been
664incorporated therein.
665     Section 4.  This act shall take effect upon becoming a law.


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