HB 1537

1
A bill to be entitled
2An act relating to Walton County; creating the Glendale
3Fire District, an independent special district; providing
4definitions; providing for creation, status, charter
5amendments, boundaries, and purposes; providing for a
6board of commissioners; providing for election and terms
7of commissioners; providing for employment of board
8personnel; providing for election of board officers;
9providing for compensation and bonds of commissioners;
10providing powers, duties, and responsibilities of the
11board; preserving the authority to levy non-ad valorem
12special assessments; providing for impact fees;
13authorizing the board to levy special assessments;
14providing legislative intent; providing duties of the
15property appraiser; providing for special assessment as a
16lien; providing for deposit of such special assessments;
17providing for authority to disburse funds; authorizing the
18board to borrow money; providing for use of district
19funds; requiring a record of all board meetings;
20authorizing the board to adopt policies and regulations;
21providing for the board to make an annual budget;
22requiring an annual report; authorizing the board to enact
23fire prevention ordinances, appoint a district fire chief,
24acquire land, enter contracts, establish salaries, and
25establish and operate a fire rescue service; providing for
26district authority upon annexation of district lands;
27providing for dissolution; providing immunity from tort
28liability for officers, agents, and employees; providing
29for district expansion; providing for construction and
30effect; providing an effective date.
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  The Glendale Fire District is hereby created
35and the charter for the district is created to read:
36     Section 1.  Definitions.--As used in this act, unless
37otherwise specified:
38     (1)  "District" means the Glendale Fire District.
39     (2)  "Board" means the board of commissioners created
40pursuant to this act and chapter 191, Florida Statutes.
41     (3)  "Board of directors" means the existing policymaking
42and governing body of the Glendale Fire District of Walton
43County.
44     (4)  "Commissioner" means a member of the board of
45commissioners of and for the district.
46     (5)  "Director" means a member of the board of directors.
47     (6)  "Residence" means one single-family dwelling,
48including one single-apartment dwelling unit; one single-
49condominium dwelling unit; one single duplex, triplex, or other
50attached dwelling unit; one single-family detached dwelling
51unit; or one single mobile or modular home dwelling unit.
52     (7)  "Business" means a motel, apartment, or rental
53dwelling, along with any other standard commercial or industrial
54business such as a gasoline station, store, marina, or similar
55establishment, as authorized pursuant to the applicable local
56government comprehensive plan, whether or not such businesses
57are required to pay or collect sales taxes.
58     Section 2.  Creation; status; charter amendments;
59boundaries; district purposes.--There is created an independent
60special fire control district and rescue service district
61incorporating lands in Walton County described in subsection
62(1), which shall be a public corporation having the powers,
63duties, obligations, and immunities set forth in this act, under
64the name of the Glendale Fire District. The district is
65organized and exists for all purposes and shall hold all powers
66set forth in this act and chapters 189 and 191, Florida
67Statutes.
68     (1)  The lands to be included within the district are the
69following described lands in Walton County:
70All Sections 24, 25, 26, 35, 36, Township 5 North,
71Range 20 West; Walton County, Florida. Also all
72Sections 19, 20, 21, 25, 26, 27, 28, 29, 30, 31, 32,
7333, 34, 35, 36, Township 5 North, Range 19 West;
74Walton County, Florida. Also all Sections 28, 29, 30,
7531, 32, 33, Township 5 North, Range 18 West; Walton
76County, Florida. Also all Sections 1, 12, Township 4
77North, Range 20 West; Walton County, Florida. Also all
78sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
7914, 15, 16, 21, 22, 23, 24, 25, 26, 27, 28, 34, 35,
80Township 4 North, Range 19 West, Walton County,
81Florida. Also all Sections 4, 5, 6, 7, 8, 9, 16, 17,
8218, 19, 20, 21, 28, 29, 30, Township 4 North, Range 18
83West, Walton County, Florida. Also all of Section 33,
84Township 4 North, Range 19 West, Walton County,
85Florida: less and except the south 1/4 of section 33.
86Those portions in Township 3 North, Range 19 West,
87which include, those parts of Section 1 and 2 lying
88North of the centerline of County Road 1883 and
89Sunrise Road. The portion in Township 3 North, Range
9019 West, which includes, the part of Section 3 lying
91North of the centerline of Sunrise Road. The portion
92in Township 4 North, Range 19 West which includes, the
93part Section 36 lying North and East of the centerline
94of County Road 1883 and Coy Ellis Road. Those portions
95within Township 4 North, Range 18 West, which include,
96those portions of Section 31, lying North of the
97centerline of Coy Ellis Road. Those portions in
98Township 4 North, Range 18 West which includes,
99Sections 32, 33, lying North of the centerline of
100County Road 183 North. The portion in Township 4
101North, Range 18 West which includes, Section 33 lying
102Northeast of County Road 183B.
103     (2)  The purpose of this act is to promote the general
104health, welfare, and safety of the citizens and residents of
105Walton County who reside within the geographical limits of the
106Glendale Fire District by providing for the financial support of
107the Glendale Fire District of Walton County, a Florida not-for-
108profit corporation, which currently provides the district with
109fire protection services, facilities, and firefighting
110equipment; the establishment and maintenance of fire stations
111and fire substations; the acquisition and maintenance of all
112firefighting and protection equipment necessary for the
113prevention of fires or fighting of fires; the employment and
114training of such personnel as may be necessary to accomplish
115fire prevention and firefighting; the establishment and
116maintenance of emergency services; the acquisition and
117maintenance of rescue and other emergency equipment; and the
118employment and training of necessary emergency personnel. The
119district may provide emergency medical services. The district
120shall have all other powers necessary to carry out these
121purposes. The district shall be a fire control district and
122shall have no responsibility for providing ambulance or similar
123emergency services within the district's boundaries.
124     (3)  Nothing in this act shall prevent the district from
125cooperating with the state or other local governments to render
126such services to communities adjacent to the lands described in
127this section as evidenced by a signed aid agreement.
128     (4)  The district charter may be amended only by special
129act of the Legislature.
130     Section 3.  Board of commissioners.--
131     (1)  Pursuant to chapter 191, Florida Statutes, the
132business and affairs of the district shall be governed and
133administered by a board of five commissioners, who shall be
134qualified electors residing within the district and shall be
135elected by the qualified electors residing within the district
136at a special election, subject to the provisions of chapters 189
137and 191, Florida Statutes, and this act. Each commissioner shall
138hold office until his or her successor is elected and qualified
139under the provisions of this act. The procedures for conducting
140district elections and for qualification of candidates and
141electors shall be pursuant to chapters 189 and 191, Florida
142Statutes.
143     (2)  The five members of the initial board shall be elected
144by the qualified electors residing within the district. The
145three elected members for seats 1, 3, and 5 in the initial
146election under this act shall serve terms of 3 years each. The
147remaining two elected members for seats 2 and 4 in the initial
148election under this act shall serve terms of 2 years each.
149Subsequent elections under this act shall coincide with the
150general elections of this state, and members of the board shall
151serve on a nonpartisan basis for terms of 4 years each.
152     (3)  Vacancies in office shall be filled by special
153election, said election to be held coincident with the next
154countywide general or special election. The board may appoint a
155qualified elector of the district to act as commissioner until
156the vacancy is filled by election. A commissioner must be a
157qualified elector residing within the district. A commissioner
158may be removed from office for any reason that a state or county
159officer may be removed.
160     (4)  All elections shall be noticed, called, and held
161pursuant to the provisions of the general laws of the state,
162except as otherwise provided in this act. The board shall, to
163the extent possible, coordinate all elections with countywide
164general or special elections in order to minimize cost.
165Elections shall be called through the adoption of an appropriate
166resolution of the district directed to the Board of County
167Commissioners of Walton County, the Supervisor of Elections of
168Walton County, and other appropriate officers of the county. The
169district shall reimburse county government for the actual cost
170of district elections. No commissioner shall be paid a employee
171of the district while holding said position. This shall not
172prevent volunteers receiving reimbursement for expenses from
173serving as commissioners.
174     (5)  The board may employ such personnel as deemed
175necessary for the proper function and operation of a fire
176district. The salaries of fire department and emergency service
177personnel, and any other wages, shall be determined by the
178board.
179     Section 4.  Officers; board compensation; bond.--
180     (1)  In accordance with chapter 191, Florida Statutes, each
181elected member of the board shall assume office 10 days
182following the member's election. Annually, within 60 days after
183election of new members of said board, the members immediately
184upon their election as herein provided, or within 10 days
185thereafter and annually in November, shall organize by electing
186from their number a chair, vice chair, secretary, and treasurer.
187However, the same member may be both secretary and treasurer, in
188accordance with chapter 191, Florida Statutes, as amended from
189time to time.
190     (2)  The commissioners may receive reimbursement for actual
191expenses incurred while performing the duties of their offices
192in accordance with general law governing per diem for public
193officials. Commissioners may receive compensation for their
194services in accordance with chapter 191, Florida Statutes, as
195amended from time to time.
196     (3)  Each commissioner, upon taking office and in
197accordance with chapters 189 and 191, Florida Statutes, shall
198execute to the Governor, for the benefit of the district, a bond
199of $5,000 with a qualified personal or corporate surety,
200conditioned upon the faithful performance of the duties of the
201commissioner's office and upon an accounting for all funds that
202come into his or her hands as commissioner; however, the
203treasurer shall furnish a bond of $10,000, which may be in lieu
204of the $5,000 bond. The premium for such bonds shall be paid
205from district funds.
206     Section 5.  Powers; duties; responsibilities.--
207     (1)  The district shall have and the board may exercise by
208majority vote all the powers and duties set forth in this act
209and chapters 189, 191, and 197, Florida Statutes, as they may be
210amended from time to time, including, but not limited to,
211special assessments, other revenue-raising capabilities, budget
212preparation and approval, liens and foreclosure of liens, use of
213tax deeds and tax certificates as appropriate from non-ad
214valorem assessments, contractual agreements, and adoptions of
215ordinances and resolutions that are necessary to conduct
216district business if such ordinances do not conflict with an
217ordinance of a local general purpose government within whose
218jurisdiction the district is located.
219     (2)  The board shall continue to have the right, power, and
220authority to levy annually special assessments against the
221taxable real estate within the district to provide funds for the
222purposes of the district, in an amount not to exceed the limit
223provided in chapter 191, Florida Statutes.
224     (3)  The methods for assessing and collecting special
225assessments, fees, or service charges shall be as set forth in
226this act and chapters 170, 189, 191, and 197, Florida Statutes.
227     (4)  The district shall levy and collect special
228assessments in accordance with chapter 200, Florida Statutes, as
229amended from time to time.
230     (5)  The district is authorized to levy and enforce special
231assessments in accordance with chapters 170, 189, 191, and 197,
232Florida Statutes.
233     (6)  The district's planning requirements shall be as set
234forth in this act and chapters 189 and 191, Florida Statutes.
235     (7)  Requirements for financial disclosure, meeting
236notices, reporting, public records maintenance, and per diem
237expenses for officers and employees shall be as set forth in
238this act and chapters 112, 119, 189, 191, and 286, Florida
239Statutes.
240     Section 6.  Impact fees.--
241     (1)  Pursuant to section 191.009(4), Florida Statutes, it
242is hereby declared that the cost of new facilities upon fire
243protection and emergency services should be borne by new users
244of the district's services to the extent new construction
245requires new facilities, but only to that extent. It is the
246legislative intent of this section to transfer to the new users
247of the district's fire protection and emergency services a fair
248share of the costs that new users impose on the district for new
249facilities. This shall only apply in the event that the general
250purpose local government in which the district is located has
251not adopted an impact fee for fire services that is distributed
252to the district for construction within its jurisdictional
253boundaries.
254     (2)  The impact fees collected by the district pursuant to
255this section shall be kept as a separate fund from other
256revenues of the district and shall be used exclusively for the
257acquisition, purchase, or construction of new facilities or
258portions thereof required to provide fire protection and
259emergency services to new construction. "New facilities" means
260land, buildings, and capital equipment, including, but not
261limited to, fire and emergency vehicles and radio telemetry
262equipment. The fees shall not be used for the acquisition,
263purchase, or construction of facilities that must be obtained in
264any event, regardless of growth within the district. The board
265of fire commissioners shall maintain adequate records to ensure
266that impact fees are expended only for permissible new
267facilities.
268     Section 7.  Special assessments.--
269     (1)  The board shall have the right, power, and authority
270to levy special assessments against the taxable real estate
271within the district to provide funds for the purposes of the
272district.
273     (2)(a)  The annual rate of the special assessment for a
274residence will be $25.
275     (b)  The annual rates of the special assessments for
276nonresidential property shall be as follows:
277     1.  Commercial property:  $0.04 per square foot.
278     2.  Industrial/warehouse property:  $0.01 per square foot.
279     3.  Institutional property:  $0.05 per square foot.
280     (c)  Any increase in the special assessments must be
281approved by a majority of the electors within the Glendale Fire
282District.
283     (3)  It is the legislative intent that this act shall
284authorize the Walton County Property Appraiser and the Walton
285County Tax Collector to take all appropriate action to comply
286with the intent and the purpose of this act.
287     (4)  It is also the legislative intent that the board of
288commissioners shall be a vehicle to provide funding to
289accomplish the purposes set out in this act.
290     Section 8.  Property appraiser.--
291     (1)  The Walton County Property Appraiser shall furnish the
292commissioners a tax roll covering all taxable properties within
293the district on or before July 1 of each year.
294     (2)  The Walton County Property Appraiser shall include in
295the Walton County tax roll the assessments made by the board,
296and the same shall be collected in the manner as provided for by
297this act and paid over by the Walton County Tax Collector to the
298board.
299     (3)  The Walton County Property Appraiser shall be
300reimbursed for assessing such special assessments in the manner
301and amount authorized by general law, and the Walton County Tax
302Collector shall receive a commission or fee of 3 percent for
303collection of such special assessments.
304     Section 9.  Special assessment as a lien.--The special
305assessment levied and assessed by the district shall be a lien
306upon the property so assessed along with the county taxes
307assessed against such property until said assessments and taxes
308have been paid, and if the special assessment levied by the
309district becomes delinquent, such special assessment shall be
310considered a part of the county tax subject to the same
311penalties, charges, fees, and remedies for enforcement and
312collection of such taxes.
313     Section 10.  Deposit of special assessments; fees;
314authority to disburse funds.--
315     (1)  The proceeds of the assessments and funds of the
316district shall be deposited in qualified public depositories, in
317accordance with chapters 191 and 280, Florida Statutes, as they
318may be amended from time to time, in the name of the district in
319a bank authorized to receive deposits of district funds. The
320bank shall be designated by a resolution of the board.
321     (2)  All warrants for the payment of labor, equipment, and
322other expenses of the board, and in carrying into effect this
323act and the purposes thereof, shall be payable by the treasurer
324of the board on accounts and vouchers approved and authorized by
325the board. No funds of the district shall be paid out or
326disbursed except by check signed by the treasurer of the board
327and either the chair or vice chair of the board.
328     Section 11.  Authority to borrow money.--
329     (1)  The board of commissioners shall have the power and
330authority to borrow money or issue other evidences of
331indebtedness for the purpose of the district in accordance with
332chapters 189 and 191, Florida Statutes, provided that the total
333payments in any one year, including principal and interest, on
334any indebtedness incurred by the district shall not exceed 50
335percent of the total estimated annual budgeted revenues of the
336district.
337     (2)  The board of commissioners, board of directors as a
338body, or any of the members of either board as individuals shall
339not be personally or individually liable for the repayment of
340such loan. Such repayment shall be made out of the special
341assessment receipts of the district, except as provided in this
342subsection. The commissioners shall not create any indebtedness
343or incur obligations for any sum or amount that they are unable
344to repay out of district funds available to them at that time,
345except as otherwise provided in this act; however, the
346commissioners may make purchases of equipment on an installment
347basis as necessary if funds are available for the payment of the
348current year's installment on such equipment and the amount due
349in that year of any of the installments and the repayment of any
350bank loan or other existing indebtedness that may be due that
351year.
352     Section 12.  Use of district funds.--No funds of the
353district shall be used for any purposes other than the
354administration of the affairs and business of the district; the
355construction, care, maintenance, upkeep, operation, and purchase
356of firefighting and rescue equipment or a fire station; the
357payment of public utilities; and the payment of salaries of
358district personnel as the board may from time to time determine
359to be necessary for the operations and effectiveness of the
360district.
361     Section 13.  Record of board meetings; authority to adopt
362rules and regulations; annual reports; budget.--
363     (1)  A record shall be kept of all meetings of the board,
364and in such meetings concurrence of a majority of the
365commissioners present shall be necessary to any affirmative
366action by the board.
367     (2)  The board shall have the authority to adopt and amend
368policies and regulations for the administration of the affairs
369of the district under the terms of this act and chapters 189 and
370191, Florida Statutes, which shall include, but not be limited
371to, the authority to adopt the necessary rules and regulations
372for the administration and supervision of the property and
373personnel of the district; for the prevention of fires, fire
374control, fire hydrant placement, and flow testing in accordance
375with current NFPA rules; and for rescue work within the
376district. Said commissioners shall have all the lawful power and
377authority necessary to carry out the purposes of said fire
378district; to purchase all necessary real and personal property;
379to purchase and carry standard insurance policies on all such
380equipment; to employ such personnel as may be necessary to carry
381out the purposes of said fire district; to provide adequate
382insurance for said employees; to purchase and carry appropriate
383insurance for protection of all firefighters and personnel as
384well as all equipment and personal property on loan to the
385district; to sell surplus real and personal property in the same
386manner and subject to the same restrictions as provided for such
387sales by counties; to enter into contracts with qualified
388service providers, the Glendale Fire District of Walton County,
389other fire departments, municipalities, and state and federal
390governmental units for the purpose of obtaining financial aid;
391and for otherwise carrying out the purposes of the district. The
392commissioners shall adopt a fiscal year for said fire district,
393which shall be October 1 to September 30.
394     (3)  Any policies, rules, and regulations adopted and made
395by the board shall have the force and effect of law after copies
396thereof, signed by the secretary and chair or vice chair, are
397posted in three public places within the district in conspicuous
398locations and advertised by title once per week for 2
399consecutive weeks in a newspaper of general paid circulation in
400the district.
401     (4)  The board shall, on or before November 1, make an
402annual report of its actions and accounting of its funds as of
403September of that year and shall file said report in the Office
404of the Clerk of the Circuit Court of Walton County, whose duty
405it shall be to receive and file said report and hold and keep
406the same as a public record.
407     (5)  For the purposes of carrying into effect this act, the
408board shall annually prepare, consider, and adopt a district
409budget pursuant to the applicable requirements of chapters 189
410and 191, Florida Statutes. The board shall, at the same time as
411it makes its annual report, file its estimated budget for the
412fiscal year beginning October 1, which budget shall show the
413estimated revenue to be received by the district and the
414estimated expenditures to be incurred by the district in
415carrying out its operations.
416     Section 14.  Authority to enact fire prevention ordinances;
417appoint fire chief, acquire land, enter contracts, establish
418salaries, general and special powers; authority to provide
419emergency medical and rescue services.--
420     (1)  The board of commissioners shall have the right and
421power to enact fire prevention ordinances in the same manner
422provided for the adoption of policies and regulations in
423subsection (2) of section 13, and when the provisions of such
424fire prevention ordinances are determined by the board to be
425violated, the office of the state attorney, upon written notice
426of such violation issued by the board, is authorized to
427prosecute such person or persons held to be in violation
428thereof. Any person found guilty of a violation may be punished
429as provided in chapter 775, Florida Statutes, as a misdemeanor
430of the second degree. The cost of such prosecution shall be paid
431out of district funds, unless otherwise provided by law.
432     (2)  The board shall have the power to appoint a fire
433chief, who shall be a person experienced in all types of
434firefighting and fire prevention and who shall work with the
435State Fire Marshal in which the district is situated in the
436prevention of fires of all types. The district fire chief shall
437be authorized to enter, at all reasonable hours, any building or
438premises for the purpose of making any inspection or
439investigation that the State Fire Marshal is authorized to make
440pursuant to state law and regulation. The owner, lessee,
441manager, or operator of any building or premises shall permit
442the district fire chief to enter and inspect the building or
443premises at all reasonable hours. The district fire chief shall
444report any violations of state firesafety laws or regulations to
445the appropriate officials.
446     (3)  The board shall have the power to acquire, by gift or
447purchase, lands or rights in lands and any other property, real
448and personal, tangible or intangible, necessary, desirable, or
449convenient for carrying out the purposes of the district and to
450pay any and all costs of same out of the funds of the district,
451provided that prior to the acquisition of the location of a fire
452station site, an appropriate investigation shall be conducted
453that shall include, but not be limited to, obtaining the staff
454recommendation of the Walton County Planning Department.
455     (4)  The board shall have the power to enter into contracts
456or to otherwise join with the Glendale Fire District of Walton
457County, or to otherwise join with any other district, city, or
458town, the United States of America, or any agency or authority
459thereof, for the purpose of expanding services, providing
460effective aid, and accomplishing and carrying out the purposes
461for which the district was created and for the further purpose
462of specifically obtaining financial aid, assistance, or subsidy.
463     (5)  The salaries of fire department personnel and any
464other wages shall be determined by the board.
465     (6)  The district is authorized to establish and maintain
466emergency medical and rescue response services and acquire and
467maintain rescue, medical, and other emergency equipment, subject
468to the provisions of chapter 401, Florida Statutes.
469     Section 15.  Annexations.--If any municipality or other
470fire control district annexes any land included in the district,
471such annexation shall follow the procedures set forth in section
472171.093, Florida Statutes, as amended from time to time.
473     Section 16.  Dissolution.--The district shall exist until
474dissolved in the same manner as it was created. If the Glendale
475Fire District of Walton County is dissolved or ceases to exist
476for any reason, or if the board determines that the Glendale
477Fire District of Walton County is unable to carry out its
478objectives as stated in subsection (2) of section 2 or the
479district's published policies, the board shall in its discretion
480make arrangements for other means of providing fire protection
481and rescue services.
482     Section 17.  Immunity from tort liability.--
483     (1)  The district and its officers, agents, and employees
484shall have the same immunity from tort liability as other
485agencies and subdivisions of the state. The provisions of
486chapter 768, Florida Statutes, as from time to time amended,
487shall apply to all claims asserted against the district.
488     (2)  The district commissioners and all officers, agents,
489and employees of the district shall have the same immunity and
490exemption from personal liability as is provided by general law
491for state, county, and municipal officers.
492     (3)  The district shall defend all claims against the
493commissioners, officers, agents, and employees that arise within
494the scope of employment or purposes of the district and shall
495pay all judgments against said persons, except where said
496persons acted in bad faith or with malicious purpose or in a
497manner exhibiting wanton and willful disregard of human rights,
498safety, or property.
499     Section 18.  District expansion.--
500     (1)  The district boundaries may be extended from time to
501time as follows:
502     (a)  Land contiguous to the boundaries of the district in
503unincorporated Walton County may be included in the district
504when petition for inclusion signed and sworn to by a majority of
505the owners of the real property within the tract or tracts to be
506included in the district has been presented to the board of
507commissioners and the proposal has been approved by the
508affirmative vote of no fewer than three members of the board of
509commissioners at a regular meeting.
510     (b)  The petition must contain the legal description of the
511property sought to be added to the district and the names and
512addresses of the owners of the property.
513     (2)  If a proposal to add an area to the district as
514described in subsection (1) is approved by the affirmative vote
515of no fewer than three members of the board of commissioners at
516a regular meeting, the board of commissioners shall thereafter
517adopt a resolution describing the lands to be included within
518the district and shall cause such resolution to be duly enrolled
519in the record of the meeting and a certified copy of the
520resolution to be recorded in the Office of the Clerk of the
521Circuit Court of Walton County.
522     (3)  Upon adoption of the resolution by the board, the
523district shall, pursuant to chapter 191, Florida Statutes,
524request that its legislative delegation approve said addition
525and sponsor legislation amending the district boundary. Upon
526approval by the Legislature, the boundary shall be amended.
527     (4)  Lands within municipal boundaries of cities contiguous
528to district boundaries may be included in the district upon
529request by the governing board of the municipality, approval of
530said request by affirmative vote of no fewer than three members
531of the district board, and referendum approval of inclusion by
532the electors of the municipality. The referendum shall be
533conducted by the municipality at the next available special or
534general election.
535     Section 19.  Construction.--This act shall be construed as
536remedial and shall be liberally construed to promote the purpose
537for which it is intended.
538     Section 20.  Effect.--In the event that any part of this
539act should be held void for any reason, such holding shall not
540affect any other part thereof.
541     Section 2.  This act shall take effect July 1, 2005.


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