| 1 | The Finance & Tax Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to Walton County; creating the Glendale |
| 7 | Fire District, an independent special district; providing |
| 8 | definitions; providing for creation, status, charter |
| 9 | amendments, boundaries, and purposes; providing for a |
| 10 | board of commissioners; providing for election and terms |
| 11 | of commissioners; providing for employment of board |
| 12 | personnel; providing for election of board officers; |
| 13 | providing for compensation and bonds of commissioners; |
| 14 | providing powers, duties, and responsibilities of the |
| 15 | board; preserving the authority to levy non-ad valorem |
| 16 | special assessments; providing for impact fees; |
| 17 | authorizing the board to levy special assessments; |
| 18 | providing legislative intent; providing duties of the |
| 19 | property appraiser; providing for special assessment as a |
| 20 | lien; providing for deposit of such special assessments; |
| 21 | providing for authority to disburse funds; authorizing the |
| 22 | board to borrow money; providing for use of district |
| 23 | funds; requiring a record of all board meetings; |
| 24 | authorizing the board to adopt policies and regulations; |
| 25 | providing for the board to make an annual budget; |
| 26 | requiring an annual report; authorizing the board to enact |
| 27 | fire prevention ordinances, appoint a district fire chief, |
| 28 | acquire land, enter contracts, establish salaries, and |
| 29 | establish and operate a fire rescue service; providing for |
| 30 | district authority upon annexation of district lands; |
| 31 | providing for dissolution; providing immunity from tort |
| 32 | liability for officers, agents, and employees; providing |
| 33 | for construction and effect; requiring a referendum; |
| 34 | providing an effective date. |
| 35 |
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| 36 | Be It Enacted by the Legislature of the State of Florida: |
| 37 |
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| 38 | Section 1. Definitions.--As used in this act, unless |
| 39 | otherwise specified: |
| 40 | (1) "District" means the Glendale Fire District. |
| 41 | (2) "Board" means the board of commissioners created |
| 42 | pursuant to this act and chapter 191, Florida Statutes. |
| 43 | (3) "Board of directors" means the existing policymaking |
| 44 | and governing body of the Glendale Fire District of Walton |
| 45 | County. |
| 46 | (4) "Commissioner" means a member of the board of |
| 47 | commissioners of and for the district. |
| 48 | (5) "Director" means a member of the board of directors. |
| 49 | (6) "Residence" means one single-family dwelling, |
| 50 | including one single-apartment dwelling unit; one single- |
| 51 | condominium dwelling unit; one single duplex, triplex, or other |
| 52 | attached dwelling unit; one single-family detached dwelling |
| 53 | unit; or one single mobile or modular home dwelling unit. |
| 54 | (7) "Business" means a motel, apartment, or rental |
| 55 | dwelling, along with any other standard commercial or industrial |
| 56 | business such as a gasoline station, store, marina, or similar |
| 57 | establishment, as authorized pursuant to the applicable local |
| 58 | government comprehensive plan, whether or not such businesses |
| 59 | are required to pay or collect sales taxes. |
| 60 | Section 2. Creation; status; charter amendments; |
| 61 | boundaries; district purposes.--There is created an independent |
| 62 | special fire control district and rescue service district |
| 63 | incorporating lands in Walton County described in subsection |
| 64 | (1), which shall be a public corporation having the powers, |
| 65 | duties, obligations, and immunities set forth in this act, under |
| 66 | the name of the Glendale Fire District. The district is |
| 67 | organized and exists for all purposes and shall hold all powers |
| 68 | set forth in this act and chapters 189 and 191, Florida |
| 69 | Statutes. |
| 70 | (1) The lands to be included within the district are the |
| 71 | following described lands in Walton County: |
| 72 | All Sections 24, 25, 26, 35, 36, Township 5 North, |
| 73 | Range 20 West; Walton County, Florida. Also all |
| 74 | Sections 19, 20, 21, 25, 26, 27, 28, 29, 30, 31, 32, |
| 75 | 33, 34, 35, 36, Township 5 North, Range 19 West; |
| 76 | Walton County, Florida. Also all Sections 28, 29, 30, |
| 77 | 31, 32, 33, Township 5 North, Range 18 West; Walton |
| 78 | County, Florida. Also all Sections 1, 12, Township 4 |
| 79 | North, Range 20 West; Walton County, Florida. Also all |
| 80 | sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, |
| 81 | 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, 28, 34, 35, |
| 82 | Township 4 North, Range 19 West, Walton County, |
| 83 | Florida. Also all Sections 4, 5, 6, 7, 8, 9, 16, 17, |
| 84 | 18, 19, 20, 21, 28, 29, 30, Township 4 North, Range 18 |
| 85 | West, Walton County, Florida. Also all of Section 33, |
| 86 | Township 4 North, Range 19 West, Walton County, |
| 87 | Florida: less and except the south 1/4 of section 33. |
| 88 | Those portions in Township 3 North, Range 19 West, |
| 89 | which include, those parts of Section 1 and 2 lying |
| 90 | North of the centerline of County Road 1883 and |
| 91 | Sunrise Road. The portion in Township 3 North, Range |
| 92 | 19 West, which includes, the part of Section 3 lying |
| 93 | North of the centerline of Sunrise Road. The portion |
| 94 | in Township 4 North, Range 19 West which includes, the |
| 95 | part Section 36 lying North and East of the centerline |
| 96 | of County Road 1883 and Coy Ellis Road. Those portions |
| 97 | within Township 4 North, Range 18 West, which include, |
| 98 | those portions of Section 31, lying North of the |
| 99 | centerline of Coy Ellis Road. Those portions in |
| 100 | Township 4 North, Range 18 West which includes, |
| 101 | Sections 32, 33, lying North of the centerline of |
| 102 | County Road 183 North. The portion in Township 4 |
| 103 | North, Range 18 West which includes, Section 33 lying |
| 104 | Northeast of County Road 183B. |
| 105 | (2) The purpose of this act is to promote the general |
| 106 | health, welfare, and safety of the citizens and residents of |
| 107 | Walton County who reside within the geographical limits of the |
| 108 | Glendale Fire District by providing for the financial support of |
| 109 | the Glendale Fire District of Walton County, a Florida not-for- |
| 110 | profit corporation, which currently provides the district with |
| 111 | fire protection services, facilities, and firefighting |
| 112 | equipment; the establishment and maintenance of fire stations |
| 113 | and fire substations; the acquisition and maintenance of all |
| 114 | firefighting and protection equipment necessary for the |
| 115 | prevention of fires or fighting of fires; the employment and |
| 116 | training of such personnel as may be necessary to accomplish |
| 117 | fire prevention and firefighting; the establishment and |
| 118 | maintenance of emergency services; the acquisition and |
| 119 | maintenance of rescue and other emergency equipment; and the |
| 120 | employment and training of necessary emergency personnel. The |
| 121 | district may provide emergency medical services. The district |
| 122 | shall have all other powers necessary to carry out these |
| 123 | purposes. The district shall be a fire control district and |
| 124 | shall have no responsibility for providing ambulance or similar |
| 125 | emergency services within the district's boundaries. |
| 126 | (3) Nothing in this act shall prevent the district from |
| 127 | cooperating with the state or other local governments to render |
| 128 | such services to communities adjacent to the lands described in |
| 129 | this section as evidenced by a signed aid agreement. |
| 130 | (4) The district charter may be amended only by special |
| 131 | act of the Legislature. |
| 132 | Section 3. Board of commissioners.-- |
| 133 | (1) Pursuant to chapter 191, Florida Statutes, the |
| 134 | business and affairs of the district shall be governed and |
| 135 | administered by a board of five commissioners, who shall be |
| 136 | qualified electors residing within the district and shall be |
| 137 | elected by the qualified electors residing within the district |
| 138 | at a special election, subject to the provisions of chapters 189 |
| 139 | and 191, Florida Statutes, and this act. Each commissioner shall |
| 140 | hold office until his or her successor is elected and qualified |
| 141 | under the provisions of this act. The procedures for conducting |
| 142 | district elections and for qualification of candidates and |
| 143 | electors shall be pursuant to chapters 189 and 191, Florida |
| 144 | Statutes. |
| 145 | (2) The five members of the initial board shall be elected |
| 146 | by the qualified electors residing within the district. The |
| 147 | three elected members for seats 1, 3, and 5 in the initial |
| 148 | election under this act shall serve terms of 3 years each. The |
| 149 | remaining two elected members for seats 2 and 4 in the initial |
| 150 | election under this act shall serve terms of 2 years each. |
| 151 | Subsequent elections under this act shall coincide with the |
| 152 | general elections of this state, and members of the board shall |
| 153 | serve on a nonpartisan basis for terms of 4 years each. |
| 154 | (3) Vacancies in office shall be filled by special |
| 155 | election, said election to be held coincident with the next |
| 156 | countywide general or special election. The board may appoint a |
| 157 | qualified elector of the district to act as commissioner until |
| 158 | the vacancy is filled by election. A commissioner must be a |
| 159 | qualified elector residing within the district. A commissioner |
| 160 | may be removed from office for any reason that a state or county |
| 161 | officer may be removed. |
| 162 | (4) All elections shall be noticed, called, and held |
| 163 | pursuant to the provisions of the general laws of the state, |
| 164 | except as otherwise provided in this act. The board shall, to |
| 165 | the extent possible, coordinate all elections with countywide |
| 166 | general or special elections in order to minimize cost. |
| 167 | Elections shall be called through the adoption of an appropriate |
| 168 | resolution of the district directed to the Board of County |
| 169 | Commissioners of Walton County, the Supervisor of Elections of |
| 170 | Walton County, and other appropriate officers of the county. The |
| 171 | district shall reimburse county government for the actual cost |
| 172 | of district elections. No commissioner shall be paid a employee |
| 173 | of the district while holding said position. This shall not |
| 174 | prevent volunteers receiving reimbursement for expenses from |
| 175 | serving as commissioners. |
| 176 | (5) The board may employ such personnel as deemed |
| 177 | necessary for the proper function and operation of a fire |
| 178 | district. The salaries of fire department and emergency service |
| 179 | personnel, and any other wages, shall be determined by the |
| 180 | board. |
| 181 | Section 4. Officers; board compensation; bond.-- |
| 182 | (1) In accordance with chapter 191, Florida Statutes, each |
| 183 | elected member of the board shall assume office 10 days |
| 184 | following the member's election. Annually, within 60 days after |
| 185 | election of new members of said board, the members immediately |
| 186 | upon their election as herein provided, or within 10 days |
| 187 | thereafter and annually in November, shall organize by electing |
| 188 | from their number a chair, vice chair, secretary, and treasurer. |
| 189 | However, the same member may be both secretary and treasurer, in |
| 190 | accordance with chapter 191, Florida Statutes, as amended from |
| 191 | time to time. |
| 192 | (2) The commissioners may receive reimbursement for actual |
| 193 | expenses incurred while performing the duties of their offices |
| 194 | in accordance with general law governing per diem for public |
| 195 | officials. Commissioners may receive compensation for their |
| 196 | services in accordance with chapter 191, Florida Statutes, as |
| 197 | amended from time to time. |
| 198 | (3) Each commissioner, upon taking office and in |
| 199 | accordance with chapters 189 and 191, Florida Statutes, shall |
| 200 | execute to the Governor, for the benefit of the district, a bond |
| 201 | of $5,000 with a qualified personal or corporate surety, |
| 202 | conditioned upon the faithful performance of the duties of the |
| 203 | commissioner's office and upon an accounting for all funds that |
| 204 | come into his or her hands as commissioner; however, the |
| 205 | treasurer shall furnish a bond of $10,000, which may be in lieu |
| 206 | of the $5,000 bond. The premium for such bonds shall be paid |
| 207 | from district funds. |
| 208 | Section 5. Powers; duties; responsibilities.-- |
| 209 | (1) The district shall have and the board may exercise by |
| 210 | majority vote all the powers and duties set forth in this act |
| 211 | and chapters 189, 191, and 197, Florida Statutes, as they may be |
| 212 | amended from time to time, including, but not limited to, |
| 213 | special assessments, other revenue-raising capabilities, budget |
| 214 | preparation and approval, liens and foreclosure of liens, use of |
| 215 | tax deeds and tax certificates as appropriate from non-ad |
| 216 | valorem assessments, contractual agreements, and adoptions of |
| 217 | ordinances and resolutions that are necessary to conduct |
| 218 | district business if such ordinances do not conflict with an |
| 219 | ordinance of a local general purpose government within whose |
| 220 | jurisdiction the district is located. |
| 221 | (2) The board shall continue to have the right, power, and |
| 222 | authority to levy annually special assessments against the |
| 223 | taxable real estate within the district to provide funds for the |
| 224 | purposes of the district, in an amount not to exceed the limit |
| 225 | provided in chapter 191, Florida Statutes. |
| 226 | (3) The methods for assessing and collecting special |
| 227 | assessments, fees, or service charges shall be as set forth in |
| 228 | this act and chapters 170, 189, 191, and 197, Florida Statutes. |
| 229 | (4) The district shall levy and collect special |
| 230 | assessments in accordance with chapter 200, Florida Statutes, as |
| 231 | amended from time to time. |
| 232 | (5) The district is authorized to levy and enforce special |
| 233 | assessments in accordance with chapters 170, 189, 191, and 197, |
| 234 | Florida Statutes. |
| 235 | (6) The district's planning requirements shall be as set |
| 236 | forth in this act and chapters 189 and 191, Florida Statutes. |
| 237 | (7) Requirements for financial disclosure, meeting |
| 238 | notices, reporting, public records maintenance, and per diem |
| 239 | expenses for officers and employees shall be as set forth in |
| 240 | this act and chapters 112, 119, 189, 191, and 286, Florida |
| 241 | Statutes. |
| 242 | Section 6. Impact fees.-- |
| 243 | (1) Pursuant to section 191.009(4), Florida Statutes, it |
| 244 | is hereby declared that the cost of new facilities upon fire |
| 245 | protection and emergency services should be borne by new users |
| 246 | of the district's services to the extent new construction |
| 247 | requires new facilities, but only to that extent. It is the |
| 248 | legislative intent of this section to transfer to the new users |
| 249 | of the district's fire protection and emergency services a fair |
| 250 | share of the costs that new users impose on the district for new |
| 251 | facilities. This shall only apply in the event that the general |
| 252 | purpose local government in which the district is located has |
| 253 | not adopted an impact fee for fire services that is distributed |
| 254 | to the district for construction within its jurisdictional |
| 255 | boundaries. |
| 256 | (2) The impact fees collected by the district pursuant to |
| 257 | this section shall be kept as a separate fund from other |
| 258 | revenues of the district and shall be used exclusively for the |
| 259 | acquisition, purchase, or construction of new facilities or |
| 260 | portions thereof required to provide fire protection and |
| 261 | emergency services to new construction. "New facilities" means |
| 262 | land, buildings, and capital equipment, including, but not |
| 263 | limited to, fire and emergency vehicles and radio telemetry |
| 264 | equipment. The fees shall not be used for the acquisition, |
| 265 | purchase, or construction of facilities that must be obtained in |
| 266 | any event, regardless of growth within the district. The board |
| 267 | of fire commissioners shall maintain adequate records to ensure |
| 268 | that impact fees are expended only for permissible new |
| 269 | facilities. |
| 270 | Section 7. Special assessments.-- |
| 271 | (1) The board shall have the right, power, and authority |
| 272 | to levy special assessments against the taxable real estate |
| 273 | within the district to provide funds for the purposes of the |
| 274 | district. |
| 275 | (2)(a) The annual rate of the special assessment for a |
| 276 | residence will be $25. |
| 277 | (b) The annual rates of the special assessments for |
| 278 | nonresidential property shall be as follows: |
| 279 | 1. Commercial property: $0.04 per square foot. |
| 280 | 2. Industrial/warehouse property: $0.01 per square foot. |
| 281 | 3. Institutional property: $0.05 per square foot. |
| 282 | (c) Any increase in the special assessments must be |
| 283 | approved by a majority of the electors within the Glendale Fire |
| 284 | District. |
| 285 | (3) It is the legislative intent that this act shall |
| 286 | authorize the Walton County Property Appraiser and the Walton |
| 287 | County Tax Collector to take all appropriate action to comply |
| 288 | with the intent and the purpose of this act. |
| 289 | (4) It is also the legislative intent that the board of |
| 290 | commissioners shall be a vehicle to provide funding to |
| 291 | accomplish the purposes set out in this act. |
| 292 | Section 8. Property appraiser.-- |
| 293 | (1) The Walton County Property Appraiser shall furnish the |
| 294 | commissioners a tax roll covering all taxable properties within |
| 295 | the district on or before July 1 of each year. |
| 296 | (2) The Walton County Property Appraiser shall include in |
| 297 | the Walton County tax roll the assessments made by the board, |
| 298 | and the same shall be collected in the manner as provided for by |
| 299 | this act and paid over by the Walton County Tax Collector to the |
| 300 | board. |
| 301 | (3) The Walton County Property Appraiser shall be |
| 302 | reimbursed for assessing such special assessments in the manner |
| 303 | and amount authorized by general law, and the Walton County Tax |
| 304 | Collector shall receive a commission or fee of 3 percent for |
| 305 | collection of such special assessments. |
| 306 | Section 9. Special assessment as a lien.--The special |
| 307 | assessment levied and assessed by the district shall be a lien |
| 308 | upon the property so assessed along with the county taxes |
| 309 | assessed against such property until said assessments and taxes |
| 310 | have been paid, and if the special assessment levied by the |
| 311 | district becomes delinquent, such special assessment shall be |
| 312 | considered a part of the county tax subject to the same |
| 313 | penalties, charges, fees, and remedies for enforcement and |
| 314 | collection of such taxes. |
| 315 | Section 10. Deposit of special assessments; fees; |
| 316 | authority to disburse funds.-- |
| 317 | (1) The proceeds of the assessments and funds of the |
| 318 | district shall be deposited in qualified public depositories, in |
| 319 | accordance with chapters 191 and 280, Florida Statutes, as they |
| 320 | may be amended from time to time, in the name of the district in |
| 321 | a bank authorized to receive deposits of district funds. The |
| 322 | bank shall be designated by a resolution of the board. |
| 323 | (2) All warrants for the payment of labor, equipment, and |
| 324 | other expenses of the board, and in carrying into effect this |
| 325 | act and the purposes thereof, shall be payable by the treasurer |
| 326 | of the board on accounts and vouchers approved and authorized by |
| 327 | the board. No funds of the district shall be paid out or |
| 328 | disbursed except by check signed by the treasurer of the board |
| 329 | and either the chair or vice chair of the board. |
| 330 | Section 11. Authority to borrow money.-- |
| 331 | (1) The board of commissioners shall have the power and |
| 332 | authority to borrow money or issue other evidences of |
| 333 | indebtedness for the purpose of the district in accordance with |
| 334 | chapters 189 and 191, Florida Statutes, provided that the total |
| 335 | payments in any one year, including principal and interest, on |
| 336 | any indebtedness incurred by the district shall not exceed 50 |
| 337 | percent of the total estimated annual budgeted revenues of the |
| 338 | district. |
| 339 | (2) The board of commissioners, board of directors as a |
| 340 | body, or any of the members of either board as individuals shall |
| 341 | not be personally or individually liable for the repayment of |
| 342 | such loan. Such repayment shall be made out of the special |
| 343 | assessment receipts of the district, except as provided in this |
| 344 | subsection. The commissioners shall not create any indebtedness |
| 345 | or incur obligations for any sum or amount that they are unable |
| 346 | to repay out of district funds available to them at that time, |
| 347 | except as otherwise provided in this act; however, the |
| 348 | commissioners may make purchases of equipment on an installment |
| 349 | basis as necessary if funds are available for the payment of the |
| 350 | current year's installment on such equipment and the amount due |
| 351 | in that year of any of the installments and the repayment of any |
| 352 | bank loan or other existing indebtedness that may be due that |
| 353 | year. |
| 354 | Section 12. Use of district funds.--No funds of the |
| 355 | district shall be used for any purposes other than the |
| 356 | administration of the affairs and business of the district; the |
| 357 | construction, care, maintenance, upkeep, operation, and purchase |
| 358 | of firefighting and rescue equipment or a fire station; the |
| 359 | payment of public utilities; and the payment of salaries of |
| 360 | district personnel as the board may from time to time determine |
| 361 | to be necessary for the operations and effectiveness of the |
| 362 | district. |
| 363 | Section 13. Record of board meetings; authority to adopt |
| 364 | rules and regulations; annual reports; budget.-- |
| 365 | (1) A record shall be kept of all meetings of the board, |
| 366 | and in such meetings concurrence of a majority of the |
| 367 | commissioners present shall be necessary to any affirmative |
| 368 | action by the board. |
| 369 | (2) The board shall have the authority to adopt and amend |
| 370 | policies and regulations for the administration of the affairs |
| 371 | of the district under the terms of this act and chapters 189 and |
| 372 | 191, Florida Statutes, which shall include, but not be limited |
| 373 | to, the authority to adopt the necessary rules and regulations |
| 374 | for the administration and supervision of the property and |
| 375 | personnel of the district; for the prevention of fires, fire |
| 376 | control, fire hydrant placement, and flow testing in accordance |
| 377 | with current NFPA rules; and for rescue work within the |
| 378 | district. Said commissioners shall have all the lawful power and |
| 379 | authority necessary to carry out the purposes of said fire |
| 380 | district; to purchase all necessary real and personal property; |
| 381 | to purchase and carry standard insurance policies on all such |
| 382 | equipment; to employ such personnel as may be necessary to carry |
| 383 | out the purposes of said fire district; to provide adequate |
| 384 | insurance for said employees; to purchase and carry appropriate |
| 385 | insurance for protection of all firefighters and personnel as |
| 386 | well as all equipment and personal property on loan to the |
| 387 | district; to sell surplus real and personal property in the same |
| 388 | manner and subject to the same restrictions as provided for such |
| 389 | sales by counties; to enter into contracts with qualified |
| 390 | service providers, the Glendale Fire District of Walton County, |
| 391 | other fire departments, municipalities, and state and federal |
| 392 | governmental units for the purpose of obtaining financial aid; |
| 393 | and for otherwise carrying out the purposes of the district. The |
| 394 | commissioners shall adopt a fiscal year for said fire district, |
| 395 | which shall be October 1 to September 30. |
| 396 | (3) Any policies, rules, and regulations adopted and made |
| 397 | by the board shall have the force and effect of law after copies |
| 398 | thereof, signed by the secretary and chair or vice chair, are |
| 399 | posted in three public places within the district in conspicuous |
| 400 | locations and advertised by title once per week for 2 |
| 401 | consecutive weeks in a newspaper of general paid circulation in |
| 402 | the district. |
| 403 | (4) The board shall, on or before November 1, make an |
| 404 | annual report of its actions and accounting of its funds as of |
| 405 | September of that year and shall file said report in the Office |
| 406 | of the Clerk of the Circuit Court of Walton County, whose duty |
| 407 | it shall be to receive and file said report and hold and keep |
| 408 | the same as a public record. |
| 409 | (5) For the purposes of carrying into effect this act, the |
| 410 | board shall annually prepare, consider, and adopt a district |
| 411 | budget pursuant to the applicable requirements of chapters 189 |
| 412 | and 191, Florida Statutes. The board shall, at the same time as |
| 413 | it makes its annual report, file its estimated budget for the |
| 414 | fiscal year beginning October 1, which budget shall show the |
| 415 | estimated revenue to be received by the district and the |
| 416 | estimated expenditures to be incurred by the district in |
| 417 | carrying out its operations. |
| 418 | Section 14. Authority to enact fire prevention ordinances; |
| 419 | appoint fire chief, acquire land, enter contracts, establish |
| 420 | salaries, general and special powers; authority to provide |
| 421 | emergency medical and rescue services.-- |
| 422 | (1) The board of commissioners shall have the right and |
| 423 | power to enact fire prevention ordinances in the same manner |
| 424 | provided for the adoption of policies and regulations in |
| 425 | subsection (2) of section 13, and when the provisions of such |
| 426 | fire prevention ordinances are determined by the board to be |
| 427 | violated, the office of the state attorney, upon written notice |
| 428 | of such violation issued by the board, is authorized to |
| 429 | prosecute such person or persons held to be in violation |
| 430 | thereof. Any person found guilty of a violation may be punished |
| 431 | as provided in chapter 775, Florida Statutes, as a misdemeanor |
| 432 | of the second degree. The cost of such prosecution shall be paid |
| 433 | out of district funds, unless otherwise provided by law. |
| 434 | (2) The board shall have the power to appoint a fire |
| 435 | chief, who shall be a person experienced in all types of |
| 436 | firefighting and fire prevention and who shall work with the |
| 437 | State Fire Marshal in which the district is situated in the |
| 438 | prevention of fires of all types. The district fire chief shall |
| 439 | be authorized to enter, at all reasonable hours, any building or |
| 440 | premises for the purpose of making any inspection or |
| 441 | investigation that the State Fire Marshal is authorized to make |
| 442 | pursuant to state law and regulation. The owner, lessee, |
| 443 | manager, or operator of any building or premises shall permit |
| 444 | the district fire chief to enter and inspect the building or |
| 445 | premises at all reasonable hours. The district fire chief shall |
| 446 | report any violations of state firesafety laws or regulations to |
| 447 | the appropriate officials. |
| 448 | (3) The board shall have the power to acquire, by gift or |
| 449 | purchase, lands or rights in lands and any other property, real |
| 450 | and personal, tangible or intangible, necessary, desirable, or |
| 451 | convenient for carrying out the purposes of the district and to |
| 452 | pay any and all costs of same out of the funds of the district, |
| 453 | provided that prior to the acquisition of the location of a fire |
| 454 | station site, an appropriate investigation shall be conducted |
| 455 | that shall include, but not be limited to, obtaining the staff |
| 456 | recommendation of the Walton County Planning Department. |
| 457 | (4) The board shall have the power to enter into contracts |
| 458 | or to otherwise join with the Glendale Fire District of Walton |
| 459 | County, or to otherwise join with any other district, city, or |
| 460 | town, the United States of America, or any agency or authority |
| 461 | thereof, for the purpose of expanding services, providing |
| 462 | effective aid, and accomplishing and carrying out the purposes |
| 463 | for which the district was created and for the further purpose |
| 464 | of specifically obtaining financial aid, assistance, or subsidy. |
| 465 | (5) The salaries of fire department personnel and any |
| 466 | other wages shall be determined by the board. |
| 467 | (6) The district is authorized to establish and maintain |
| 468 | emergency medical and rescue response services and acquire and |
| 469 | maintain rescue, medical, and other emergency equipment, subject |
| 470 | to the provisions of chapter 401, Florida Statutes. |
| 471 | Section 15. Annexations.--If any municipality or other |
| 472 | fire control district annexes any land included in the district, |
| 473 | such annexation shall follow the procedures set forth in section |
| 474 | 171.093, Florida Statutes, as amended from time to time. |
| 475 | Section 16. Dissolution.--The district shall exist until |
| 476 | dissolved in the same manner as it was created. If the Glendale |
| 477 | Fire District of Walton County is dissolved or ceases to exist |
| 478 | for any reason, or if the board determines that the Glendale |
| 479 | Fire District of Walton County is unable to carry out its |
| 480 | objectives as stated in subsection (2) of section 2 or the |
| 481 | district's published policies, the board shall in its discretion |
| 482 | make arrangements for other means of providing fire protection |
| 483 | and rescue services. |
| 484 | Section 17. Immunity from tort liability.-- |
| 485 | (1) The district and its officers, agents, and employees |
| 486 | shall have the same immunity from tort liability as other |
| 487 | agencies and subdivisions of the state. The provisions of |
| 488 | chapter 768, Florida Statutes, as from time to time amended, |
| 489 | shall apply to all claims asserted against the district. |
| 490 | (2) The district commissioners and all officers, agents, |
| 491 | and employees of the district shall have the same immunity and |
| 492 | exemption from personal liability as is provided by general law |
| 493 | for state, county, and municipal officers. |
| 494 | (3) The district shall defend all claims against the |
| 495 | commissioners, officers, agents, and employees that arise within |
| 496 | the scope of employment or purposes of the district and shall |
| 497 | pay all judgments against said persons, except where said |
| 498 | persons acted in bad faith or with malicious purpose or in a |
| 499 | manner exhibiting wanton and willful disregard of human rights, |
| 500 | safety, or property. |
| 501 | Section 18. District expansion.-- |
| 502 | (1) The district boundaries may be extended from time to |
| 503 | time as follows: |
| 504 | (a) Land contiguous to the boundaries of the district in |
| 505 | unincorporated Walton County may be included in the district |
| 506 | when petition for inclusion signed and sworn to by a majority of |
| 507 | the owners of the real property within the tract or tracts to be |
| 508 | included in the district has been presented to the board of |
| 509 | commissioners and the proposal has been approved by the |
| 510 | affirmative vote of no fewer than three members of the board of |
| 511 | commissioners at a regular meeting. |
| 512 | (b) The petition must contain the legal description of the |
| 513 | property sought to be added to the district and the names and |
| 514 | addresses of the owners of the property. |
| 515 | (2) If a proposal to add an area to the district as |
| 516 | described in subsection (1) is approved by the affirmative vote |
| 517 | of no fewer than three members of the board of commissioners at |
| 518 | a regular meeting, the board of commissioners shall thereafter |
| 519 | adopt a resolution describing the lands to be included within |
| 520 | the district and shall cause such resolution to be duly enrolled |
| 521 | in the record of the meeting and a certified copy of the |
| 522 | resolution to be recorded in the Office of the Clerk of the |
| 523 | Circuit Court of Walton County. |
| 524 | (3) Upon adoption of the resolution by the board, the |
| 525 | district shall, pursuant to chapter 191, Florida Statutes, |
| 526 | request that its legislative delegation approve said addition |
| 527 | and sponsor legislation amending the district boundary. Upon |
| 528 | approval by the Legislature, the boundary shall be amended. |
| 529 | Section 19. Construction.--This act shall be construed as |
| 530 | remedial and shall be liberally construed to promote the purpose |
| 531 | for which it is intended. |
| 532 | Section 20. Effect.--In the event that any part of this |
| 533 | act should be held void for any reason, such holding shall not |
| 534 | affect any other part thereof. |
| 535 | Section 21. On or before December 30, 2006, the Board of |
| 536 | County Commissioners of Walton County shall call and the |
| 537 | Supervisor of Elections of Walton County shall conduct a |
| 538 | referendum of the qualified voters of the Glendale Fire District |
| 539 | on the question of whether the Glendale Fire District shall be |
| 540 | created by special act of the Legislature with authority to |
| 541 | impose impact fees pursuant to section 6 of this act and special |
| 542 | assessments pursuant to section 7 of this act. |
| 543 | Section 22. This act shall take effect only if a majority |
| 544 | of those qualified electors of the Glendale Fire District voting |
| 545 | in a referendum held pursuant to this act approve the referendum |
| 546 | question in accordance with section 21, except that this section |
| 547 | and section 21 shall take effect upon becoming a law. |