HB 1707

1
A bill to be entitled
2An act relating to Trailer Estates Fire Control District,
3Manatee County; amending, codifying, reenacting, and
4repealing chapters 63-1587, 65-1894, 65-1895, 72-613, 80-
5534, 82-323, 84-473, 94-373, and 95-503, Laws of Florida,
6relating to the district; providing boundaries of the
7district; providing for a board of commissioners;
8providing for election and organization of the board;
9providing powers and duties of the board; providing for a
10special assessment; providing powers and duties of the
11district; requiring a financial statement and budget;
12providing definitions; requiring a record of meetings of
13the board; providing for filling vacancies; providing for
14bonds; providing for severability; amending chapter 93-
15352, Laws of Florida, to remove a reference; providing an
16effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Pursuant to section 191.015, Florida Statutes,
21this act constitutes the codification of all special acts
22relating to the Trailer Estates Fire Control District. It is the
23intent of the Legislature in enacting this law to provide a
24single, comprehensive special act charter for the district,
25including all current legislative authority granted to the
26district by its several legislative enactments and any
27additional authority granted by this act. It is further the
28intent of this act to preserve all district authority, including
29the authority to annually assess and levy against each taxable
30property in the district a special assessment not to exceed $75.
31     Section 2.  Chapters 63-1587, 65-1894, 65-1895, 72-613, 80-
32534, 82-323, 84-473, 94-373, and 95-503, Laws of Florida, are
33codified, amended, reenacted, and repealed as provided herein.
34     Section 3.  The Trailer Estates Fire Control District is
35re-created and the charter for the district is re-created and
36reenacted to read:
37     Section 1.  Upon this act becoming a law, all of the lands
38in Manatee County, hereinafter described, became and were
39incorporated into and as a special fire control district, being
40an independent special taxing district, a political subdivision
41of the state, and having the powers and duties set forth herein
42under the name "Trailer Estates Fire Control District."
43     Section 2.  The lands so incorporated being described as
44follows:
45     (a)  Trailer Estates Subdivision as recorded in
46Plat Book 8, Page 138, of the Public Records of
47Manatee County, Florida.
48     (b)  First Addition to Trailer Estates
49Subdivision as recorded in Plat Book 9, Page 71, of
50the Public Records of Manatee County, Florida.
51     (c)  Second Addition to Trailer Estates
52Subdivision as recorded in Plat Book 9, Page 61, of
53the Public Records of Manatee County, Florida.
54     (d)  Third Addition to Trailer Estates
55Subdivision as recorded in Plat Book 10, Page 69, of
56the Public Records of Manatee County, Florida.
57     (e)  Fourth Addition to Trailer Estates
58Subdivision as recorded in Plat Book 11, Page 66, of
59the Public Records of Manatee County, Florida.
60     (f)  Fifth Addition to Trailer Estates
61Subdivision as recorded in Plat Book 12, Page 55, of
62the Public Records of Manatee County, Florida.
63     (g)  The SW 1/4 of the SE 1/4 of the SE 1/4 of
64Section 22, Twp. 35 S., Rge. 17 E.; LESS: Land
65Described in Deed Book 380, Page 451, Official Records
66Book 208, Page 156 & 157, Official Records Book 240,
67Pages 167 & 168, all of the Public Records of Manatee
68County, Florida; ALSO LESS: The South 133 feet and the
69East 290 feet of said SW 1/4 of the SE 1/4 of the SE
701/4.
71     (h)  A tract of land in the SW 1/4 of the SE 1/4
72of the SE 1/4 of Section 22, Twp. 35 S., Rge. 17 E.,
73of Manatee County, Florida, more particularly
74described as follows: From the NW corner of said SW
751/4 of the SE 1/4 of the SE 1/4 of Section 22, run S.
7688 degrees 30' East along the North line of said SW
771/4 of the SE 1/4 of the SE 1/4, 14.74 feet; thence
78run S. 1 degree 48' West, 100 feet for a Point of
79Beginning; thence run S. 88 degrees 30' East, 130 feet
80to a point; thence run S. 1 degree 48' West, 50 feet
81to a point; thence run N. 88 degrees 30' West, 130
82feet to a point; thence run N. 1 degree 48' East, 50
83feet to the Point of Beginning.
84     (i)  A tract of land in the SW 1/4 of the SE 1/4
85of the SE 1/4 of Section 22, Twp. 35 S., Rge. 17 E.,
86of Manatee County, Florida, more particularly
87described as follows: From the NW corner of said SW
881/4 of the SE 1/4 of the SE 1/4 of Section 22, run S.
8988 degrees 30' East along the North line of said SW
901/4 of the SE 1/4 of the SE 1/4, 14.74 feet; thence
91run S. 1 degree 48' West, 150 feet for a Point of
92Beginning; thence run S. 88 degrees 30' East, 130 feet
93to a point; thence run S. 1 degree 48' West, 50 feet
94to a point; thence run N. 88 degrees 30' West, 130
95feet to a point; thence run N. 1 degree 48' East, 50
96feet to the Point of Beginning.
97     (j)  A tract of land in the SW 1/4 of the SE 1/4
98of the SE 1/4 of Section 22, Twp. 35 S., Rge. 17 E.,
99of Manatee County, Florida, more particularly
100described as follows: From the NW corner of said SW
1011/4 of the SE 1/4 of the SE 1/4 of Section 22, run S.
10288 degrees 30' East along the North line of said SW
1031/4 of the SE 1/4 of the SE 1/4, 14.74 feet; thence
104run S. 1 degree 48' West, 200 feet for a Point of
105Beginning; thence run S. 88 degrees 30' East, 130 feet
106to a point; thence run S. 1 degree 48' West, 50 feet
107to a point; thence run N. 88 degrees 30' West, 130
108feet to a point; thence run N. 1 degree 48' East, 50
109feet to the Point of Beginning.
110     (k)  A tract of land in the SW 1/4 of the SE 1/4
111of the SE 1/4 of Section 22, Twp. 35 S., Rge. 17 E.,
112of Manatee County, Florida, more particularly
113described as follows: From the NW corner of said SW
1141/4 of the SE 1/4 of the SE 1/4 of Section 22, run S.
11588 degrees 30' East along the North line of said SW
1161/4 of the SE 1/4 of the SE 1/4, 14.74 feet to the
117East Right-of-Way of American Way (as per plat of
118Trailer Estates, Third Addition, as recorded in Plat
119Book 10, Page 69, of the Public Records of Manatee
120County, Florida); thence run S. 1 degree 48' West, 270
121feet for a Point of Beginning; thence run S. 88
122degrees 30' East, 130 feet to a point; thence run S. 1
123degree 48' West, 100 feet to a point; thence run N. 88
124degrees 30' West, 130 feet to a point on the East
125Right-of-Way of said American Way; thence run N. 1
126degree 48' East along the East Right-of-Way of said
127American Way, 100 feet to the Point of Beginning.
128     (l)  A tract of land in the SW 1/4 of the SE 1/4
129of the SE 1/4 of Section 22, Twp. 35 S., Rge. 17 E.,
130of Manatee County, Florida, more particularly
131described as follows: From the NW corner of said SW
1321/4 of the SE 1/4 of the SE 1/4 of Section 22, run S.
13388 degrees 30' East along the North line of said SW
1341/4 of the SE 1/4 of the SE 1/4, 14.74 feet; thence
135run S. 1 degree 48' West, 250 feet for a Point of
136Beginning; thence run S. 88 degrees 30' East, 130 feet
137to a point; thence run S. 1 degree 48' West, 20 feet
138to a point; thence run N. 88 degrees 30' West, 130
139feet to a point; thence run N. 1 degree 48' East, 20
140feet to the Point of Beginning.
141
142     Section 3.  The business and affairs of said district shall
143be conducted and administered by a board of five commissioners,
144hereinafter referred to as the "commissioners," who shall
145organize in January of each year by electing from their number a
146chair, a vice chair, a secretary, and a treasurer. The positions
147of secretary and treasurer may be held by one commissioner. The
148meeting at which the commissioners elect the officers shall be
149called the "organizational meeting." Said commissioners shall
150not receive any compensation for their services, but the
151secretary and treasurer may receive a salary not to exceed $300
152per annum from the funds of said district for said officers'
153services as secretary and/or treasurer. Each commissioner shall,
154before said commissioner enters upon such duties, execute to the
155Governor, for the benefit of said district, a good and
156sufficient surety bond in the sum of $5,000 with a qualified
157corporate surety conditioned to faithfully perform the duties of
158commissioner and to account for all funds which may come into
159his or her hands as a commissioner. All premiums for such surety
160on all bonds shall be paid from the funds of said district. Each
161member shall, upon assuming office, take and subscribe to the
162oath of office prescribed by s. 5(b), Art. II of the State
163Constitution and section 876.05, Florida Statutes.
164     Section 4.  All district elections shall be conducted and
165supervised by the Supervisor of Elections of Manatee County,
166under the rules governing general elections in the County of
167Manatee, except as otherwise provided herein. All elections
168shall be held at the Trailer Estates Recreation Hall in the
169district. Any registered voter residing in the district may vote
170in a district election. Application for absentee ballots may be
171requested from the Supervisor of Elections of Manatee County
172within 1 year prior to each election, and shall be counted once
173returned to the Supervisor of Elections' office by 7:00 p.m. on
174the day of each election pursuant to the Florida Election Code.
175All election ballots shall be prepared by the Supervisor of
176Elections of Manatee County. The commissioners shall be elected
177in nonpartisan elections. A person desiring to have his or her
178name placed on the ballot for election as a commissioner of the
179district shall be a freeholder and qualified elector residing
180within the district, as certified by the county property
181appraiser and the supervisor of elections of said county to be a
182freeholder and qualified elector according to the respective
183official records of such officers, and shall pay a filing fee of
184$25 or, in the alternative, the person may qualify by obtaining
185the signatures of at least 25 registered electors of the
186district on petition forms provided by the supervisor of
187elections, which petitions shall be submitted and checked in the
188same manner as petitions filed by nonpartisan judicial
189candidates pursuant to section 105.035, Florida Statutes. Notice
190of said election setting forth the names of the persons proposed
191as commissioners of the district shall be in writing and posted
192at the principal office of the district not less than 15 days
193before the date of each election. Notwithstanding the provisions
194of section 101.20, Florida Statutes, the publication of a sample
195ballot is not required. The Supervisor of Elections of Manatee
196County shall appoint inspectors and clerks for the election
197whose duties shall be the same as similar officers in general
198elections, except as herein stated. Said election may be by
199ballot or by other electronic or electromechanical voting
200system, and if by ballot the same shall be written or printed in
201black ink on plain paper and shall be substantially in the
202following form:
203
Board of Commissioners of the Trailer Estates Fire Control
204
District
205
(stating their names)
206
207,and if by other electronic or electromechanical voting system
208the requirements for the ballot herein described shall be
209adapted to the use of such voting system. Election of
210commissioners shall be held biannually on the second Tuesday of
211November or, in the alternative, on another Tuesday in November,
212in even years, in conjunction with any other special, primary,
213or general election to be conducted by the supervisor of
214elections, by electing two commissioners in 2008 and three
215commissioners in 2006 for 4-year terms. In the November 2008
216election, Seats 2 and 4 shall be filled. In the November 2006
217election, Seats 1, 3, and 5 shall be filled. Commissioners may
218succeed themselves in office. The term of newly elected
219commissioners shall commence on the first Tuesday of January
220following the election. Commissioners shall serve until their
221successors assume office, except as otherwise provided herein.
222The commissioners whose seats are filled pursuant to the
223commissioners' election in November 2004 in Seats 2 and 4 shall
224serve until their successors assume office following the
225November 2008 commissioners' election. The commissioners whose
226seats are filled pursuant to the commissioners' election in
227November 2002 in Seats 1, 3, and 5 shall serve until their
228successors assume office following the November 2006
229commissioners' election. Each commissioner must be a qualified
230elector at the time he or she qualifies and continually
231throughout his or her term.
232     Section 5.  The Supervisor of Elections of Manatee County
233shall canvass the returns of elections and shall announce the
234result thereof no later than the day following the election. The
235expenses of the supervisor of elections for conducting each
236election shall be paid out of general funds of the district.
237     Section 6.  All vacancies occurring in the board of
238commissioners from any cause shall be filled by the remaining
239commissioners by the appointment of a successor commissioner or
240commissioners from among the registered voters residing in the
241district who are freeholders within said district. An appointed
242commissioner shall serve until the next commissioners' election,
243at which time an election shall be held to fill the vacancy for
244the remaining term, if any. Any commissioner failing to
245discharge the duties of his or her position may be removed for
246cause by the board of commissioners, after due notice and an
247opportunity to be heard upon charges of malfeasance or
248misfeasance.
249     Section 7.  (1)  The district shall have the right, power,
250and authority to levy special assessments against taxable real
251estate lying within its territorial bounds in order to provide
252funds for the purposes of the district. The rate of such
253assessments shall be fixed by a resolution of the board of
254commissioners, as hereinafter provided, but shall in no event
255exceed the sum of $50 per annum on business firms and buildings,
256$75 per annum on homes, $0.50 per lot on vacant lots, and $0.50
257per acre or fraction thereof on unsubdivided acreage. Apartment
258buildings and tourist courts are to be construed as business
259buildings; provided, however, there shall be an additional
260assessment of $0.50 for each rental unit. Trailers and mobile
261homes with or without cabanas, carports, or utility rooms shall
262be construed as homes.
263     (2)  The county property appraiser shall furnish the
264commissioners with a tax roll covering all taxable properties
265within the territorial limits of said district upon which roll
266said commissioners will place the levy for each parcel of
267property shown thereon on or before the first day of June of
268each year and any property owner in said district shall have the
269right during the period between the tenth 10th day of June and
270the 20th day of June of each year to file written protest of the
271proposed assessments and the amount or rate thereof, and to
272appear before the board in support of such protest; and the
273board shall hold a meeting or meetings during said period to
274consider and act upon any such protests.
275     (3)  Immediately after the expiration of the period last
276mentioned, the board of commissioners shall adopt a resolution
277fixing the rates of assessment and shall return the said tax
278roll to the county property appraiser, having first noted
279thereon the levy against each parcel of property described
280thereon, on or before the first day of July of each year. The
281county property appraiser shall then include in the Manatee
282County tax roll the assessments thus made by the Board of
283Commissioners of the Trailer Estates Fire Control District and
284the same shall be collected in the manner and form as is
285provided for the collection of county taxes and paid over by the
286county tax collector to the board of commissioners in the manner
287and form as is provided for the disbursement of county taxes.
288The county tax collector and the county property appraiser shall
289receive commissions and fees for assessing and collecting such
290assessments, of one and one-half percent to the tax collector
291and one and one-half percent to the property appraiser, instead
292of the same commissions and fees usually earned for the
293assessment and collection of county taxes. Further, the services
294of the property appraiser and the tax collector under this act
295are hereby declared to be special services performed directly
296for the district, and any payment therefor shall not be personal
297income of such official but shall be income to said official's
298office.
299     Section 8.  Such special assessments shall be a lien upon
300the land so assessed along with the county taxes assessed
301against the same until said assessments and taxes have been
302paid, and if the same become delinquent, shall be considered a
303part of the county tax, subject to the same penalties, charges,
304fees, and remedies for enforcement and collection as provided by
305the laws of the state for the collection of such taxes.
306     Section 9.  The proceeds of said assessments and the funds
307of the district shall be deposited in the name of the district
308in a qualified public depository as defined by Florida law,
309which depository shall be designated by resolution of the board
310of commissioners. No funds of the district shall be disbursed
311save and except by check or draft signed by any two
312commissioners.
313     Section 10.  The fiscal year of the district shall commence
314October 1 of each year and end on September 30 of the following
315year. The commissioners shall, on or before April 1 of each
316year, prepare an annual financial statement of income and
317disbursements during the prior fiscal year. On or before
318September 1 of each year, the commissioners shall prepare and
319adopt an itemized budget showing the amount of money necessary
320for the operation of the district for the next fiscal year, and
321the district assessment to be assessed and collected upon the
322taxable property of the district for the next ensuing year. A
323copy of the annual financial statement and a copy of the budget
324shall be made available for public inspection at the principal
325office of the district at reasonable hours.
326     Section 11.  The district may acquire and hold real and
327personal property, sue and be sued, enter into contracts, and
328perform other functions necessary or desirable to the carrying
329out of the provisions and intent of this act. No debt shall be
330created without the approval of the board of commissioners.
331     Section 12.  The board of commissioners shall have the
332power and authority to borrow money for the purposes of the
333district in an amount not to exceed 50 percent of the total tax
334assessment of the year when such borrowing is done, provided,
335however, that the total accumulative debt of the district shall
336never exceed 50 percent of the total special assessment in any 1
337year. Neither the district commissioners as a body nor any one
338of them as an individual shall be personally or individually
339liable for the repayment of such loan, such repayment shall be
340made out of tax receipts of the district. Except as provided in
341this paragraph, the district commissioners shall not create any
342indebtedness or incur obligations for any sum or amount which
343the commissioners are unable to repay out of district funds then
344in their hands, provided, that the district commissioners may
345make purchases of equipment together with funds for the erection
346or improvement of a fire station and/or ancillary structures of
347the district on an installment basis as necessary if funds are
348available for the payment of the current year's installment on
349such equipment or building loan plus the amount due in that year
350on any other installments and/or the repayment of any bank loan
351or other existing indebtedness which may be due that year.
352     Section 13.  No funds of said district shall be used for
353any purposes other than the administration of the affairs and
354business of the district; the protection and preservation of
355life and property; the prevention and elimination of fires; the
356construction, care, maintenance, upkeep, operation, and purchase
357of fire fighting and rescue equipment or a fire station and any
358ancillary structures; installation of fire hydrants; payments of
359public utilities such as electric lights and water; and payments
360of salaries of a fire marshal and one or more firefighters as
361the board of commissioners may from time to time determine to be
362for the best interests of the district.
363     Section 14.  The board of commissioners shall have the
364power and the authority to buy, sell, trade, rent, or lease real
365and personal property or otherwise dispose of surplus real or
366personal property in the name of the district; to deliver
367purchase money notes and mortgages or to assume the obligation
368of existing mortgages in connection with the acquisition of
369property of the district; to mortgage real and personal property
370when necessary to carry out the district's duties and authority
371under this act; to receive gifts of real or personal property;
372and to acquire by gift or purchase a fire station and station
373site and such fire fighting and rescue equipment as is deemed
374necessary for the protection of said district. The board of
375commissioners shall have the power to cooperate or contract with
376other persons or entities, including other governmental
377agencies, as necessary, convenient, incidental, or proper in
378connection with providing effective mutual aid and furthering
379any power, duty, or purpose authorized hereunder.
380     Section 15.  (1)  The members of the board of commissioners
381shall have the duties usually pertaining to, vested in, and
382incumbent upon like officers. A record shall be kept of all
383meetings of the board of commissioners, and in such meetings
384concurrence of a majority of said commissioners shall be
385necessary to any affirmative action taken by the board. The
386board of commissioners shall keep a permanent record book in
387which the minutes of all meetings, resolutions, proceedings,
388certificates, bonds given by commissioners, and corporate acts
389shall be recorded. The record book shall be open to inspection
390in the same manner as state, county, and municipal records are
391open under Florida law. The record book shall be kept at the
392principal office of the district.
393     (2)  The board of commissioners may adopt such bylaws and
394rules and regulations not inconsistent with any portion of this
395act, as it may deem necessary in and about the transaction of
396its business and in carrying out the provisions of this act.
397     (3)  The board of commissioners shall have the right,
398power, and authority to employ by written contract the services
399of a technical advisor who is thoroughly familiar with the
400details and operations of a fire control district for any and
401all such technical advice as may be necessary to make the fire
402control district operative in accordance with this act, and fees
403for such services shall be payable from the funds of the said
404fire control district. The board of commissioners is hereby
405authorized to employ and to enter into agreements or contracts
406with consultants, engineers, attorneys, and fiscal, financial,
407or other experts to perform planning, engineering, legal,
408financial, or other professional services for the district, or
409any asset thereof, upon such terms and conditions as the
410commissioners shall deem desirable and proper.
411     Section 16.  (1)  The board of commissioners of said
412district may appoint a fire marshal, who shall be a person
413experienced in all types of fire fighting and fire prevention
414and who shall work with and cooperate with the Florida State
415Forestry Service in which the district is situated, in the
416prevention of fires of all types.
417     (2)  Said fire marshal shall be required to inspect all
418places of business, apartment houses, hotels, motels, and other
419buildings within the territorial limits of the district wherein
420large groups of people might congregate to determine that such
421places have proper fire extinguishers and fire escapes, at least
422two times each year, and shall submit a report on same to the
423board of commissioners.
424     Section 17.  The special fire control district shall exist
425until dissolved by law. Should any part of the territory covered
426in this act be held not to be included herein, then this act
427shall continue in effect as to the balance of the said
428territory. The district may be abolished by a majority vote of
429the registered voters residing in the district at an election
430called by the board of commissioners for such purpose, which
431election shall be held and notice thereof given under the same
432requirements as are set forth hereunder for the election of
433commissioners and the levying and collecting of the district
434assessments. Provided that the district shall not be abolished
435while it has outstanding indebtedness without first making
436adequate provision for the liquidation of such outstanding
437indebtedness and provided, further, that the real and personal
438property of the district shall be conveyed or otherwise
439transferred by gift by the board of commissioners to the Trailer
440Estates Park and Recreation District, being a political
441subdivision of the state.
442     Section 18.  Commissioners not guilty of malfeasance in
443office shall be relieved of any personal liability for any acts
444done by them while holding office in the district; and any
445commissioner who is made a party to any action, suit, or
446proceeding solely by reason of holding office in the district
447shall be indemnified by the district against reasonable
448expenses, including attorneys' fees, incurred by said
449commissioner in defending such suit, action, or proceeding,
450except with respect to matters wherein it shall be adjudged in
451such proceeding that such commissioner is liable for negligence
452or misconduct in the performance of the commissioner's duties.
453     Section 19.  No suit, action, or proceeding shall be
454instituted or maintained in any court against said district or
455the commissioners, or any commissioner thereof, for or upon any
456claim, right, or demand of any kind or nature, unless the person
457or persons making such claim or demand or claiming such right
458shall have within 30 days after the alleged accrual of such
459claim, right, or demand, given to the commissioners, or one of
460them, a notice in writing setting forth the nature of the right,
461claim, or demand, the amount thereof, the place and manner in
462which such claim or right accrued, together with the names and
463addresses of all witnesses by whom such claims, rights, or
464demands are to be proved or established, all with sufficient
465detail to enable the district and the commissioners to fully
466investigate such claim, right, or demand; and no suit, action,
467or proceeding or any such demand shall be instituted within 3
468months after such notice shall be given.
469     Section 20.  The word "district" shall mean the special
470fire control district hereby organized; the words "board" and
471"board of commissioners" shall mean the board of commissioners
472of and for the special fire control district hereby created when
473used in this act, unless otherwise specified.
474     Section 21.  If any clause, section, or provision of this
475act shall be declared to be unconstitutional or invalid for any
476cause or reason, the same shall be eliminated from this act, and
477the remaining portion of said act shall be in force and effect
478and be as valid as if such invalid portion thereof had not been
479incorporated therein.
480     Section 22.  The provisions of this act shall be liberally
481construed in order to effectively carry out the purposes of this
482act in the interest of the public.
483     Section 4.  Paragraph (a) of subsection (1) of section 1 of
484chapter 93-352, Laws of Florida, is amended to read:
485     Section 1.  Manatee County district boards of fire
486commissioners; membership.
487     (1)(a)  The business affairs of the Cedar Hammock Fire
488Control District, Parrish Fire Control District, Southern
489Manatee Fire and Rescue District, Trailer Estates Fire Control
490District, Westside Fire Control District, and Whitfield Fire
491Control District in Manatee County shall be conducted and
492administered by a five-member board that is elected by the
493electors of the respective districts in nonpartisan elections
494held at the time and in the manner prescribed for holding
495general elections in section 189.405(2)(a), Florida Statutes.
496Each member shall be elected for a term of 4 years and shall
497serve until his successor is chosen and qualified, except that
498members elected to seats 2 and 4 in the first election held
499after the effective date of this act shall be elected for a term
500of 2 years.
501     Section 5.  Chapters 63-1587, 65-1894, 65-1895, 72-613, 80-
502534, 82-323, 84-473, 94-373, and 95-503, Laws of Florida, are
503repealed.
504     Section 6.  This act shall take effect upon becoming a law.


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