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