| 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 the Avalon Beach-Mulat Fire Protection |
| 7 | District, Santa Rosa County; codifying, amending, |
| 8 | reenacting, and repealing the special acts pertaining to |
| 9 | the Avalon Beach-Mulat Fire Protection District; providing |
| 10 | definitions; requiring the board to make annual reports; |
| 11 | repealing chapters 80-608, 82-378, 82-379, and 91-392, |
| 12 | Laws of Florida; providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Pursuant to section 189.429, Florida Statutes, |
| 17 | this act constitutes the codification of all special acts |
| 18 | relating to the Avalon Beach-Mulat Fire Protection District. It |
| 19 | is the intent of the Legislature in enacting this law to provide |
| 20 | a single, comprehensive special act charter for the district, |
| 21 | including all current legislative authority granted to the |
| 22 | district by its several legislative enactments and any |
| 23 | additional authority granted by this act. |
| 24 | Section 2. Chapters 80-608, 82-378, 82-379, and 91-392, |
| 25 | Laws of Florida, are codified, reenacted, amended, and repealed |
| 26 | as provided in this act. |
| 27 | Section 3. The charter for the Avalon Beach-Mulat Fire |
| 28 | Protection District is re-created and reenacted to read: |
| 29 | Section 1. Definitions.--As used in this act unless |
| 30 | otherwise specified: |
| 31 | (1) "District" means the Avalon Beach-Mulat Fire |
| 32 | Protection District. |
| 33 | (2) "Board" and "board of commissioners" mean the board of |
| 34 | commissioners of and for the district. |
| 35 | (3) "Commissioner" means a member of the board of |
| 36 | commissioners of and for the district. |
| 37 | (4) "County" means Santa Rosa County. |
| 38 | (5) "Residence" means one single-family dwelling such as |
| 39 | one single-apartment dwelling unit, one single-condominium |
| 40 | dwelling unit, one single-duplex dwelling unit, one single- |
| 41 | family dwelling unit, one single-mobile home dwelling unit. |
| 42 | "Single-mobile home dwelling unit" means the realty upon which a |
| 43 | residential mobile home is located, whether a rental space or |
| 44 | lot, or otherwise, but does not refer to the mobile home itself. |
| 45 | (6) "Business" means motels or apartments subject to sales |
| 46 | tax along with other standard commercial businesses such as |
| 47 | gasoline stations, stores, marinas, and similar establishments. |
| 48 | Section 2. (1) District created.--There is hereby created |
| 49 | a special taxing fire protection and rescue service district |
| 50 | incorporating lands in Santa Rosa County described in subsection |
| 51 | (2) which shall be a public corporation having the powers, |
| 52 | duties, obligations, and immunities herein set forth, under the |
| 53 | name of the Avalon Beach-Mulat Fire Protection District and also |
| 54 | known as the Avalon Fire/Rescue District with all the powers and |
| 55 | duties specified in chapter 191, Florida Statutes, including |
| 56 | non-ad valorem and ad valorem assessments. |
| 57 | (2) The lands to be included within the district are the |
| 58 | following described lands in Santa Rosa County: |
| 59 |
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| 60 | Section 28, township 1 North, range 29 West. |
| 61 |
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| 62 | Section 29, township 1 North, range 29 West. |
| 63 |
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| 64 | Section 30 , township 1 North, range 29 West. |
| 65 |
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| 66 | Section 32, township 1 North, range 29 West. |
| 67 |
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| 68 | Section 33, township 1 North, range 29 West. |
| 69 |
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| 70 | Section 34, township 1 North, range 29 West. |
| 71 |
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| 72 | Section 35, township 1 North, range 29 West. |
| 73 |
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| 74 | West 1/2 of North East 1/4, West 1/2 of South East |
| 75 | 1/4, that portion lying East of Highway 191-A of North |
| 76 | West 1/4 and all of South West 1/4 of section 17, |
| 77 | township 1 North, range 28 West. |
| 78 |
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| 79 | South 1/2 of section 18, township 1 North, range 28 |
| 80 | West. |
| 81 |
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| 82 | Section 19, township 1 North, range 28 West. |
| 83 |
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| 84 | Section 20, less East 1/2 of North East 1/4 and North |
| 85 | East 1/4 of South East 1/4 and East 1/2 of South East |
| 86 | 1/4 of South East 1/4 township 1 North, range 28 West. |
| 87 |
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| 88 | Section 29, township 1 North, range 28 West. |
| 89 |
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| 90 | Section 30, township 1 North, range 28 West. |
| 91 |
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| 92 | Section 32, township 1 North, range 28 West. |
| 93 |
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| 94 | Section 37, township 1 North, range 28 West. |
| 95 |
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| 96 | Section 40, township 1 North, range 28 West. |
| 97 |
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| 98 | Section 41, township 1 North, range 28 West. |
| 99 |
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| 100 | Section 42, township 1 North, range 28 West. |
| 101 |
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| 102 | Section 3, township 1 South, range 28 West. |
| 103 |
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| 104 | Section 4, township 1 South, range 28 West. |
| 105 |
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| 106 | Section 5, township 1 South, range 28 West. |
| 107 |
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| 108 | Section 6, township 1 South, range 28 West. |
| 109 |
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| 110 | Section 8, township 1 South, range 28 West. |
| 111 |
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| 112 | Section 9, township 1 South, range 28 West. |
| 113 |
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| 114 | Section 10, township 1 South, range 28 West. |
| 115 |
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| 116 | Section 11, township 1 South, range 28 West. |
| 117 |
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| 118 | Section 15, township 1 South, range 28 West. |
| 119 |
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| 120 | Section 17, township 1 South, range 28 West. |
| 121 |
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| 122 | Section 18, township 1 South, range 28 West. |
| 123 |
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| 124 | Section 21, township 1 South, range 28 West. |
| 125 |
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| 126 | Section 22, township 1 South, range 28 West. |
| 127 |
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| 128 | Section 23, township 1 South, range 28 West. |
| 129 |
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| 130 | That portion of section 24 West of Highway 191 plus |
| 131 | the South West 1/4 lying East of Highway 191, Township |
| 132 | 1 South, range 28 West. |
| 133 |
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| 134 | Section 1, township 2 South, range 28 West. |
| 135 |
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| 136 | Section 2, township 2 South, range 28 West. |
| 137 |
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| 138 | Section 3, township 2 South, range 28 West. |
| 139 |
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| 140 | Section 4, township 2 South, range 28 West. |
| 141 |
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| 142 | Section 1, township 2 South, range 29 West. |
| 143 |
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| 144 | Section 36, township 1 North, range 29 West. |
| 145 |
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| 146 | Section 2, township 1 North, range 29 West, lying |
| 147 | South of Mulat Bayou, being part of the Peter |
| 148 | Philabert Grant. |
| 149 |
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| 150 | Section 3, township 1 North, range 29 West, lying |
| 151 | South of Mulat Bayou, being a portion of the Peter |
| 152 | Philabert Grant. |
| 153 |
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| 154 | Section 27, township 1 North, range 29 West, less and |
| 155 | except the North West 1/4 thereof. |
| 156 |
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| 157 | Section 38, township 1 North, range 28 West. |
| 158 |
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| 159 | Section 39, township 1 North, range 28 West. |
| 160 |
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| 161 | Section 1, township 1 North and township 1 South, |
| 162 | range 29 West. |
| 163 |
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| 164 | Section 3, township 1 South, range 29 West. |
| 165 |
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| 166 | Section 4, township 1 South, range 29 West. |
| 167 |
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| 168 | Section 5, township 1 South, range 29 West. |
| 169 |
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| 170 | Section 16, township 1 South, range 28 West. |
| 171 |
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| 172 | Section 26, township 1 South, range 28 West. |
| 173 |
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| 174 | Section 27, township 1 South, range 28 West. |
| 175 |
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| 176 | Section 28, township 1 South, range 28 West. |
| 177 |
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| 178 | (3) Nothing herein shall deny the right of the chief or |
| 179 | other governing officials of the district to render such |
| 180 | services to communities adjacent to the land described in |
| 181 | subsection (2), or such other places as from time to time may be |
| 182 | deemed desirable. |
| 183 | Section 3. Ad valorem taxation.-- |
| 184 | (1) The board shall have the right, power, and authority |
| 185 | to levy ad valorem tax millage within the district to provide |
| 186 | funds for the purposes of the district. |
| 187 | (2) The rate of taxation shall be fixed by a resolution of |
| 188 | the board; however, the maximum millage proposed in the initial |
| 189 | referendum shall not exceed 1 mill, unless increased by |
| 190 | referendum pursuant to section 191.009, Florida Statutes. |
| 191 | Section 4. Reports and estimated budget.-- |
| 192 | (1) The board shall make an annual report of its actions |
| 193 | and accounting of its funds and shall file said report in |
| 194 | accordance with Article VII of the State Constitution, and |
| 195 | chapters 191, 192, and 218, Florida Statutes. |
| 196 | (2) The board shall file and publish its annual budget |
| 197 | showing estimated revenue and estimated expenditures incurred by |
| 198 | the district in carrying out its operations pursuant to Article |
| 199 | VII of the State Constitution, and chapters 191, 192, and 218, |
| 200 | Florida Statutes. |
| 201 | Section 5. Severability.--If any clause, section, or |
| 202 | provision of this act shall be declared to be unconstitutional |
| 203 | or invalid by any court of competent jurisdiction, the same |
| 204 | shall be eliminated from this act, and the remaining portion of |
| 205 | said act shall be in force and effect and be as valid as if such |
| 206 | invalid portion thereof had not been incorporated therein, |
| 207 | provided the same may be so separated. |
| 208 | Section 4. Chapters 80-608, 82-378, 82-379, and 91-392, |
| 209 | Laws of Florida, are repealed. |
| 210 | Section 5. This act shall take effect upon becoming a law. |