HB 1375

1
A bill to be entitled
2An act relating to Manatee County; creating the Duette
3Fire and Rescue District, an independent special district;
4creating a district charter; providing a short title;
5providing definitions; providing territorial boundaries of
6the district; providing purposes and intent; providing for
7a board of commissioners of the district; providing for
8qualification, election, membership, terms of office, and
9compensation of the board; providing for the filling of
10vacancies; providing for meetings; providing powers and
11duties of the board; providing for use of district funds;
12authorizing the district to issue bonds and levy ad
13valorem taxes, non-ad valorem assessments, impact fees,
14and user charges; providing for a 5-year plan; providing
15for modification of district boundaries; providing for
16merger with certain other districts under certain
17circumstances; providing requirements for annexation;
18providing for amendment of the charter by special act of
19the Legislature; providing requirements for merger or
20dissolution; providing severability; requiring a
21referendum; providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  The Duette Fire and Rescue District, an
26independent special district in Manatee County, is created and
27established pursuant to chapters 189 and 191, Florida Statutes,
28and the charter for such district is created to read:
29     Section 1.  Short title.--This act may be cited as the
30"Duette Fire and Rescue District Act."
31     Section 2.  Definitions.--Unless the context otherwise
32requires, the following terms shall have the following meanings
33ascribed to them:
34     (1)  "Board" means the Board of Commissioners of the Duette
35Fire and Rescue District.
36     (2)  "Commissioner" means a member of the Board of
37Commissioners of the district.
38     (3)  "County" means Manatee County, Florida.
39     (4)  "District" means the Duette Fire and Rescue District.
40     (5)  "Elector" means a person who is a resident of the
41district and is qualified to vote in a general election in
42Manatee County.
43     (6)  "Emergency medical service" means basic life support
44service and advanced life support service, as defined in section
45401.23, Florida Statutes.
46     (7)  "Governor" means the Governor of the State of Florida.
47     Section 3.  Formation; boundaries.--For the purpose of
48providing fire prevention services pursuant to chapter 191,
49Florida Statutes, an independent special district is hereby
50created and incorporated to be known as the Duette Fire and
51Rescue District, hereinafter the "district," in Manatee County
52and shall embrace and include the territory described as:
53
54Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26, 35 and 36,
55all lying in Township 33 South, Range 20 East; Sections 1
56through 36, all lying in Township 33 South, Range 21 East;
57Sections 1 through 36, all lying in Township 33 South,
58Range 22 East; Sections 1, 2, 11, 12, 13, 14, 23, 24, 25,
5926 and 27, all lying in Township 34 South, Range 20 East;
60Sections 1 through 30, all lying in Township 34 South,
61Range 21 East; Sections 1 through 30, all lying in Township
6234 South, Range 22 East.
63
64     Section 4.  Intent.--The purposes of this act are to:
65     (1)  Provide standards, direction, and procedures
66concerning the operation and governance of the special fire
67control district known as the Duette Fire and Rescue District.
68     (2)  Provide uniformity between the Duette Fire and Rescue
69District and other independent special fire control districts.
70     (3)  Provide financing authority of the Duette Fire and
71Rescue District without hampering the efficiency and
72effectiveness of current authorized and implemented methods and
73procedures of raising revenues.
74     (4)  Improve communication and coordination between the
75Duette Fire and Rescue District and other local governments with
76respect to short-range and long-range planning to meet the
77demands for service delivery while maintaining fiscal
78responsibility.
79     (5)  Provide uniform procedures for electing members of the
80governing board of the Duette Fire and Rescue District to ensure
81greater accountability to the public.
82     Section 5.  Board of Commissioners; officers; bond;
83compensation.--
84     (1)  The business affairs of the district shall be
85conducted and administered, pursuant to chapter 191, Florida
86Statutes, by the Board of Commissioners of the Duette Fire and
87Rescue District, which is established as a board of five
88commissioners. Annually, within 60 days after newly elected
89members have taken office, the board shall organize by electing
90from its members a chair, a vice chair, a secretary, and a
91treasurer. The positions of secretary and treasurer may be held
92by one member. The office of each commissioner comprising the
93Board of Commissioners of the Duette Fire and Rescue District is
94hereby designated as being a seat on the commission,
95distinguished from each of the other seats by a numeral: 1, 2,
963, 4, or 5. The numerical seat designation does not designate a
97geographical subdistrict of the district.
98     (2)  Each commissioner shall, upon assuming office, take
99and subscribe to the oath of office prescribed by section 5(b),
100Article II of the State Constitution and section 876.05, Florida
101Statutes. Each commissioner, upon taking office and in
102accordance with chapters 189 and 191, Florida Statutes, shall
103execute to the Governor for the benefit of the district a bond
104conditioned upon the faithful performance of the duties of the
105commissioner's office. The premium for such bonds shall be paid
106from district funds.
107     (3)  Members of the board may each be paid a salary or
108honorarium to be determined by at least a majority plus one vote
109of the board, which salary or honorarium may not exceed $500 per
110month for each member. Special notice of any meeting at which
111the board will consider a salary change for a board member shall
112be published at least once, at least 14 days prior to the
113meeting, in a newspaper of general circulation in the county.
114Separate compensation for the board member serving as treasurer
115may be authorized by like vote so long as total compensation for
116the board member does not exceed $500 per month. Members may be
117reimbursed for travel and per diem expenses, as provided in
118section 112.061, Florida Statutes.
119     (4)  Members of the board shall comply with the financial
120disclosure, noticing, and reporting requirements of chapter 112,
121Florida Statutes, and any other applicable law or regulation.
122     Section 6.  Board of Commissioners; terms; election,
123qualifications, certification of single candidate.--
124     (1)  District elections and referenda shall be held in
125accordance with chapter 191, Florida Statutes.
126     (2)  Except as provided in this subsection, each of the
127five commissioners shall hold his or her respective seat on the
128Board of Commissioners of the Duette Fire and Rescue District
129for a term of 4 years and shall be elected by majority vote of
130the electors of the district voting at a general election. In
131the first election following the effective date of this act,
132seats 1, 3, and 5 shall be designated for 4-year terms, and
133seats 2 and 4 shall be designated for 2-year terms. All
134commissioners must be qualified electors within the district and
135must reside within the district.
136     (3)  Voting for commissioners shall be districtwide and
137nonpartisan.
138     (4)  If a vacancy occurs on the board due to the
139resignation, death, or removal of a commissioner, or the failure
140of anyone to qualify for a board seat, the remaining members may
141appoint a qualified person to fill the seat until the next
142general election, at which time an election shall be held to
143fill the vacancy for the remaining term, if any. The board shall
144remove any member who has three consecutive, unexcused absences
145from regularly scheduled meetings. The board shall adopt
146policies by resolution defining excused and unexcused absences.
147     (5)  Each commissioner, whenever elected, shall assume
148office 10 days following his or her election and shall serve
149until his or her successor is elected.
150     (6)  All candidates shall qualify with the County
151Supervisor of Elections. All candidates may qualify by paying a
152filing fee of $25 or by obtaining the signatures of at least 25
153registered electors of the district on petition forms provided
154by the Supervisor of Elections, which petitions shall be
155submitted and checked in the same manner as petitions filed by
156nonpartisan judicial candidates pursuant to section 105.035,
157Florida Statutes.
158     (7)  The names of all candidates qualifying for election to
159a seat on the Board of Commissioners shall be included on the
160ballot or voting machines provided for use in the district,
161along with the candidates for county office at each regular
162county election, in such a way as to clearly indicate the
163respective seat for which each qualified candidate for district
164commissioner is running.
165     (8)  Any expense of holding elections for commission seats
166at the regular county elections shall be paid out of the funds
167of the district, if required by proper authority.
168     (9)  The board shall keep a permanent record book entitled
169"Record of Proceedings of Duette Fire and Rescue District" in
170which the minutes of all meetings, resolutions, proceedings,
171certificates, bonds given by commissioners, and corporate acts
172shall be recorded. The record book shall be open to inspection
173in the same manner as state, county, and municipal records are
174open under chapter 119, Florida Statutes, and section 24,
175Article I of the State Constitution. The record book shall be
176kept at the office or other regular place of business maintained
177by the board in the county or municipality in which the district
178is located.
179     (10)  All meetings of the board shall be open to the
180public, consistent with chapter 286, Florida Statutes, section
181189.417, Florida Statutes, and other applicable general laws.
182     Section 7.  Powers; use of district funds.--
183     (1)  The district shall have, and the board may exercise,
184all the powers and duties set forth in chapters 170, 189, 191,
185and 197, Florida Statutes, as they may be amended from time to
186time.
187     (2)  No funds of the district shall be used for any
188purposes other than the administration of the affairs and
189business of the district; the construction, care,
190maintenance, upkeep, operation, and purchase of
191firefighting and rescue equipment or a fire station or
192stations; the payment of public utilities; and the payment
193of salaries of district personnel as the board may from
194time to time determine to be necessary for the operations
195and effectiveness of the district.
196     (3)  The board is authorized and empowered to buy,
197own, lease, and maintain a fire department within the
198district and to purchase, acquire by gift, lease, own, and
199dispose of firefighting equipment and property, real and
200personal, that the board may from time to time deem
201necessary or needful to prevent and extinguish fires within
202the district.
203     Section 8.  Taxes; non-ad valorem assessments; impact fees;
204user charges; bond issuance.--
205     (1)  The district shall hold all powers, functions, and
206duties set forth in this act and chapters 170, 189, 191, and
207197, Florida Statutes, as amended from time to time, including,
208but not limited to, ad valorem taxation, bond issuance, other
209revenue-raising capabilities, budget preparation and approval,
210liens and foreclosure of liens, and use of tax deeds and tax
211certificates as appropriate for non-ad valorem assessments and
212contractual agreements. The district may be financed by any
213method established in this act or chapter 170, chapter 189,
214chapter 191, or chapter 197, Florida Statutes, as amended from
215time to time.
216     (2)  The district shall be authorized to levy non-ad
217valorem assessments. The methods for assessing and collecting
218non-ad valorem assessments, fees, or service charges shall be as
219set forth in chapter 170, chapter 189, chapter 191, or chapter
220197, Florida Statutes, as amended from time to time. Upon
221compliance with all applicable provisions of ss. 191.009,
222197.3631, and 197.3632, Florida Statutes, the district shall be
223authorized to levy non-ad valorem assessments against all
224assessable real property located within the district. The
225initial assessment shall not be subject to referendum approval
226pursuant to section 191.009, Florida Statutes. Proposed non-ad
227valorem assessment increases set by the board may not exceed the
228average annual growth rate in Florida personal income over the
229previous 5 years. Any increase that exceeds the average annual
230growth rate in Florida personal income over the previous 5 years
231must be approved by referendum of the electors of the district.
232     (3)  Impact fees are hereby authorized. The impact fees
233collected by the district pursuant to this section shall be kept
234as a separate fund from other revenues of the district and shall
235be used exclusively for the acquisition, purchase, or
236construction of new facilities or portions thereof required to
237provide fire protection and emergency medical service to new
238construction. "New facilities" means land, buildings, and
239capital equipment, including, but not limited to, fire and
240emergency vehicles and radio telemetry equipment. The fees shall
241not be used for the acquisition, purchase, or construction of
242facilities that must be obtained in any event, regardless of
243growth within the district. The board of commissioners shall
244maintain adequate records to ensure that impact fees are
245expended only for permissible new facilities. The first-time
246levy of impact fees by the district must be approved by
247referendum of the electors of the district. The referendum on
248the first-time levy of an impact fee shall include a notice of
249the future impact fee rate increases permitted by this charter
250without a referendum.
251     Section 9.  Five-year plan.--The district shall adopt a 5-
2525-year plan to identify the facilities, equipment, personnel,
253and revenue needed by the district during that 5-year period.
254The plan shall be updated in accordance with section 189.415,
255Florida Statutes, and shall satisfy the requirement for a public
256facilities report required by section 189.415(2), Florida
257Statutes.
258     Section 10.  Boundaries and mergers.--
259     (1)  The boundaries of the district may be modified,
260extended, or enlarged upon approval or ratification by the
261Legislature.
262     (2)  The merger of the district with all, or portions of,
263other independent special districts or dependent fire control
264districts is effective only upon ratification by the
265Legislature. A district may not, solely by reason of a merger
266with another governmental entity, increase ad valorem taxes on
267property within the original limits of the district beyond the
268maximum established by the district's enabling legislation,
269unless approved by the electors of the district by referendum.
270     Section 11.  Annexation of territories by
271municipalities.--Notwithstanding section 171.093, Florida
272Statutes, or any other applicable law or ordinance, if any
273municipality or other fire control district annexes land within
274the district, the district shall continue as the sole taxing,
275enforcing, and service-providing authority for district purposes
276in the annexed land. However, any municipality or other fire
277control district that annexes such land may collect the
278applicable assessment or tax for fire services and pay the
279district for such services at the district's annually adopted
280standard rate.
281     Section 12.  Amendment of charter.--This charter may be
282amended only by special act of the Legislature.
283     Section 13.  Merger or dissolution.--Merger or dissolution
284of the district shall occur as permitted by sections 189.4042
285and 189.4045, Florida Statutes, as amended from time to time.
286     Section 14.  Severability.--Should any provision of this
287act be held to be unconstitutional, inoperative, or void, such
288holding or invalidity shall not affect the remaining portions of
289this act.
290     Section 2.  Referendum.--On or before December 30, 2006,
291the Board of County Commissioners of Manatee County shall call
292and the County Supervisor of Elections shall conduct a
293referendum of the qualified voters of the district on the
294question of whether the district shall be created by special act
295of the Legislature.
296     Section 3.  This act shall take effect only upon its
297approval by a majority vote of those qualified electors of the
298district voting in a referendum election to be held by the
299Manatee County Supervisor of Elections and to be held on or
300before December 30, 2006, in accordance with the provisions of
301law relating to elections currently in force in the district,
302except that this section and section 2 shall take effect upon
303becoming a law.


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