1 | The Local Government Council 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 Manatee County; creating the Duette |
7 | Fire and Rescue District, an independent special district; |
8 | creating a district charter; providing a short title; |
9 | providing definitions; providing territorial boundaries of |
10 | the district; providing purposes and intent; providing for |
11 | a board of commissioners of the district; providing for |
12 | qualification, election, membership, terms of office, and |
13 | compensation of the board; providing for the filling of |
14 | vacancies; providing for meetings; providing powers and |
15 | duties of the board; providing for use of district funds; |
16 | authorizing the district to issue bonds and levy ad |
17 | valorem taxes, non-ad valorem assessments, impact fees, |
18 | and user charges; providing for a 5-year plan; providing |
19 | for modification of district boundaries; providing for |
20 | merger with certain other districts under certain |
21 | circumstances; providing for amendment of the charter by |
22 | special act of the Legislature; providing requirements for |
23 | merger or dissolution; providing severability; requiring a |
24 | referendum; providing an effective date. |
25 |
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26 | Be It Enacted by the Legislature of the State of Florida: |
27 |
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28 | Section 1. The Duette Fire and Rescue District, an |
29 | independent special district in Manatee County, is created and |
30 | established pursuant to chapters 189 and 191, Florida Statutes, |
31 | and the charter for such district is created to read: |
32 | Section 1. Short title.--This act may be cited as the |
33 | "Duette Fire and Rescue District Act." |
34 | Section 2. Definitions.--Unless the context otherwise |
35 | requires, the following terms shall have the following meanings |
36 | ascribed to them: |
37 | (1) "Board" means the Board of Commissioners of the Duette |
38 | Fire and Rescue District. |
39 | (2) "Commissioner" means a member of the Board of |
40 | Commissioners of the district. |
41 | (3) "County" means Manatee County, Florida. |
42 | (4) "District" means the Duette Fire and Rescue District. |
43 | (5) "Elector" means a person who is a resident of the |
44 | district and is qualified to vote in a general election in |
45 | Manatee County. |
46 | (6) "Emergency medical service" means basic life support |
47 | service and advanced life support service, as defined in section |
48 | 401.23, Florida Statutes. |
49 | (7) "Governor" means the Governor of the State of Florida. |
50 | Section 3. Formation; boundaries.--For the purpose of |
51 | providing fire prevention services pursuant to chapter 191, |
52 | Florida Statutes, an independent special district is hereby |
53 | created and incorporated to be known as the Duette Fire and |
54 | Rescue District, hereinafter the "district," in Manatee County |
55 | and shall embrace and include the territory described as: |
56 |
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57 | Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26, 35 and 36, |
58 | all lying in Township 33 South, Range 20 East; Sections 1 |
59 | through 36, all lying in Township 33 South, Range 21 East; |
60 | Sections 1 through 36, all lying in Township 33 South, |
61 | Range 22 East; Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, |
62 | 26 and 27, all lying in Township 34 South, Range 20 East; |
63 | Sections 1 through 30, all lying in Township 34 South, |
64 | Range 21 East; Sections 1 through 30, all lying in Township |
65 | 34 South, Range 22 East. |
66 |
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67 | Section 4. Intent.--The purposes of this act are to: |
68 | (1) Provide standards, direction, and procedures |
69 | concerning the operation and governance of the special fire |
70 | control district known as the Duette Fire and Rescue District. |
71 | (2) Provide uniformity between the Duette Fire and Rescue |
72 | District and other independent special fire control districts. |
73 | (3) Provide financing authority of the Duette Fire and |
74 | Rescue District without hampering the efficiency and |
75 | effectiveness of current authorized and implemented methods and |
76 | procedures of raising revenues. |
77 | (4) Improve communication and coordination between the |
78 | Duette Fire and Rescue District and other local governments with |
79 | respect to short-range and long-range planning to meet the |
80 | demands for service delivery while maintaining fiscal |
81 | responsibility. |
82 | (5) Provide uniform procedures for electing members of the |
83 | governing board of the Duette Fire and Rescue District to ensure |
84 | greater accountability to the public. |
85 | Section 5. Board of Commissioners; officers; bond; |
86 | compensation.-- |
87 | (1) The business affairs of the district shall be |
88 | conducted and administered, pursuant to chapter 191, Florida |
89 | Statutes, by the Board of Commissioners of the Duette Fire and |
90 | Rescue District, which is established as a board of five |
91 | commissioners. Annually, within 60 days after newly elected |
92 | members have taken office, the board shall organize by electing |
93 | from its members a chair, a vice chair, a secretary, and a |
94 | treasurer. The positions of secretary and treasurer may be held |
95 | by one member. The office of each commissioner comprising the |
96 | Board of Commissioners of the Duette Fire and Rescue District is |
97 | hereby designated as being a seat on the commission, |
98 | distinguished from each of the other seats by a numeral: 1, 2, |
99 | 3, 4, or 5. The numerical seat designation does not designate a |
100 | geographical subdistrict of the district. |
101 | (2) Each commissioner shall, upon assuming office, take |
102 | and subscribe to the oath of office prescribed by section 5(b), |
103 | Article II of the State Constitution and section 876.05, Florida |
104 | Statutes. Each commissioner, upon taking office and in |
105 | accordance with chapters 189 and 191, Florida Statutes, shall |
106 | execute to the Governor for the benefit of the district a bond |
107 | conditioned upon the faithful performance of the duties of the |
108 | commissioner's office. The premium for such bonds shall be paid |
109 | from district funds. |
110 | (3) Members of the board may each be paid a salary or |
111 | honorarium to be determined by at least a majority plus one vote |
112 | of the board, which salary or honorarium may not exceed $500 per |
113 | month for each member. Special notice of any meeting at which |
114 | the board will consider a salary change for a board member shall |
115 | be published at least once, at least 14 days prior to the |
116 | meeting, in a newspaper of general circulation in the county. |
117 | Separate compensation for the board member serving as treasurer |
118 | may be authorized by like vote so long as total compensation for |
119 | the board member does not exceed $500 per month. Members may be |
120 | reimbursed for travel and per diem expenses, as provided in |
121 | section 112.061, Florida Statutes. |
122 | (4) Members of the board shall comply with the financial |
123 | disclosure, noticing, and reporting requirements of chapter 112, |
124 | Florida Statutes, and any other applicable law or regulation. |
125 | Section 6. Board of Commissioners; terms; election, |
126 | qualifications, certification of single candidate.-- |
127 | (1) District elections and referenda shall be held in |
128 | accordance with chapter 191, Florida Statutes. |
129 | (2) Except as provided in this subsection, each of the |
130 | five commissioners shall hold his or her respective seat on the |
131 | Board of Commissioners of the Duette Fire and Rescue District |
132 | for a term of 4 years and shall be elected by majority vote of |
133 | the electors of the district voting at a general election. In |
134 | the first election following the effective date of this act, |
135 | seats 1, 3, and 5 shall be designated for 4-year terms, and |
136 | seats 2 and 4 shall be designated for 2-year terms. All |
137 | commissioners must be qualified electors within the district and |
138 | must reside within the district. |
139 | (3) Voting for commissioners shall be districtwide and |
140 | nonpartisan. |
141 | (4) If a vacancy occurs on the board due to the |
142 | resignation, death, or removal of a commissioner, or the failure |
143 | of anyone to qualify for a board seat, the remaining members may |
144 | appoint a qualified person to fill the seat until the next |
145 | general election, at which time an election shall be held to |
146 | fill the vacancy for the remaining term, if any. The board shall |
147 | remove any member who has three consecutive, unexcused absences |
148 | from regularly scheduled meetings. The board shall adopt |
149 | policies by resolution defining excused and unexcused absences. |
150 | (5) Each commissioner, whenever elected, shall assume |
151 | office 10 days following his or her election and shall serve |
152 | until his or her successor is elected. |
153 | (6) All candidates shall qualify with the County |
154 | Supervisor of Elections. All candidates may qualify by paying a |
155 | filing fee of $25 or by obtaining the signatures of at least 25 |
156 | registered electors of the district on petition forms provided |
157 | by the Supervisor of Elections, which petitions shall be |
158 | submitted and checked in the same manner as petitions filed by |
159 | nonpartisan judicial candidates pursuant to section 105.035, |
160 | Florida Statutes. |
161 | (7) The names of all candidates qualifying for election to |
162 | a seat on the Board of Commissioners shall be included on the |
163 | ballot or voting machines provided for use in the district, |
164 | along with the candidates for county office at each regular |
165 | county election, in such a way as to clearly indicate the |
166 | respective seat for which each qualified candidate for district |
167 | commissioner is running. |
168 | (8) Any expense of holding elections for commission seats |
169 | at the regular county elections shall be paid out of the funds |
170 | of the district, if required by proper authority. |
171 | (9) The board shall keep a permanent record book entitled |
172 | "Record of Proceedings of Duette Fire and Rescue District" in |
173 | which the minutes of all meetings, resolutions, proceedings, |
174 | certificates, bonds given by commissioners, and corporate acts |
175 | shall be recorded. The record book shall be open to inspection |
176 | in the same manner as state, county, and municipal records are |
177 | open under chapter 119, Florida Statutes, and section 24, |
178 | Article I of the State Constitution. The record book shall be |
179 | kept at the office or other regular place of business maintained |
180 | by the board in the county or municipality in which the district |
181 | is located. |
182 | (10) All meetings of the board shall be open to the |
183 | public, consistent with chapter 286, Florida Statutes, section |
184 | 189.417, Florida Statutes, and other applicable general laws. |
185 | Section 7. Powers; use of district funds.-- |
186 | (1) The district shall have, and the board may exercise, |
187 | all the powers and duties set forth in chapters 189 and 191, |
188 | Florida Statutes, as they may be amended from time to time. |
189 | (2) No funds of the district shall be used for any |
190 | purposes other than the administration of the affairs and |
191 | business of the district; the construction, care, |
192 | maintenance, upkeep, operation, and purchase of |
193 | firefighting and rescue equipment or a fire station or |
194 | stations; the payment of public utilities; and the payment |
195 | of salaries of district personnel as the board may from |
196 | time to time determine to be necessary for the operations |
197 | and effectiveness of the district. |
198 | (3) The board is authorized and empowered to buy, |
199 | own, lease, and maintain a fire department within the |
200 | district and to purchase, acquire by gift, lease, own, and |
201 | dispose of firefighting equipment and property, real and |
202 | personal, that the board may from time to time deem |
203 | necessary or needful to prevent and extinguish fires within |
204 | the district. |
205 | Section 8. Taxes; non-ad valorem assessments; impact fees; |
206 | user charges; bond issuance.-- |
207 | (1) The district shall hold all powers, functions, and |
208 | duties set forth in this act and chapters 189, 191, and 197, |
209 | Florida Statutes, as amended from time to time, including, but |
210 | not limited to, ad valorem taxation, bond issuance, other |
211 | revenue-raising capabilities, budget preparation and approval, |
212 | liens and foreclosure of liens, and use of tax deeds and tax |
213 | certificates as appropriate for non-ad valorem assessments and |
214 | contractual agreements. The district may be financed by any |
215 | method established in this act or chapter 189, chapter 191, or |
216 | chapter 197, Florida Statutes, as amended from time to time. |
217 | (2)(a) The district shall be authorized to levy non-ad |
218 | valorem assessments. The methods for assessing and collecting |
219 | non-ad valorem assessments, fees, or service charges shall be as |
220 | set forth in chapter 189, chapter 191, or chapter 197, Florida |
221 | Statutes, as amended from time to time. Upon compliance with all |
222 | applicable provisions of ss. 191.009, 197.3631, and 197.3632, |
223 | Florida Statutes, the district shall be authorized to levy non- |
224 | ad valorem assessments against all assessable real property |
225 | located within the district. Proposed non-ad valorem assessment |
226 | increases set by the board may not exceed the average annual |
227 | growth rate in Florida personal income over the previous 5 |
228 | years. Any increase that exceeds the average annual growth rate |
229 | in Florida personal income over the previous 5 years must be |
230 | approved by referendum of the electors of the district. |
231 | (b) The district is authorized to levy initial non-ad |
232 | valorem assessments up to the following maximum amounts: |
233 | 1. Vacant lots of 5 acres or less, $20. |
234 | 2. Vacant acreage over 5 acres, $5 per acre, with a |
235 | maximum per-vacant-parcel amount of $1,000. |
236 | 3. Vacant commercial and industrial parcels of 5 acres or |
237 | less, $20. |
238 | 4. Vacant commercial and industrial parcels over 5 acres, |
239 | $5 per acre, with a maximum per-vacant-parcel amount of $1,000. |
240 | 5. A single-family residential parcel up to 1,000 square |
241 | feet, $150. |
242 | 6. A single-family residential parcel over 1,000 square |
243 | feet, $150 plus $0.10 per square foot for every square foot over |
244 | 1,000 square feet. |
245 | 7. A two-family residential parcel, $150 per unit. |
246 | 8. A multifamily residential parcel, $150 per unit. |
247 | 9. Condominiums, $150 per unit. |
248 | 10. Miscellaneous dwelling units, $150 per unit. |
249 | 11. Mobile homes, $150 per unit. |
250 | 12. Commercial and industrial parcels up to 1,000 square |
251 | feet, $250. |
252 | 13. Commercial and industrial parcels over 1,000 square |
253 | feet, $250 plus $0.20 per square foot for every square foot over |
254 | 1,000 square feet. |
255 | (3) Impact fees are hereby authorized. The impact fees |
256 | collected by the district pursuant to this section shall be kept |
257 | as a separate fund from other revenues of the district and shall |
258 | be used exclusively for the acquisition, purchase, or |
259 | construction of new facilities or portions thereof required to |
260 | provide fire protection and emergency medical service to new |
261 | construction. "New facilities" means land, buildings, and |
262 | capital equipment, including, but not limited to, fire and |
263 | emergency vehicles and radio telemetry equipment. The fees shall |
264 | not be used for the acquisition, purchase, or construction of |
265 | facilities that must be obtained in any event, regardless of |
266 | growth within the district. The board of commissioners shall |
267 | maintain adequate records to ensure that impact fees are |
268 | expended only for permissible new facilities. The first-time |
269 | levy of impact fees by the district must be approved by |
270 | referendum of the electors of the district. The referendum on |
271 | the first-time levy of an impact fee shall include a notice of |
272 | the future impact fee rate increases permitted by this charter |
273 | without a referendum. |
274 | Section 9. Five-year plan.--The district shall adopt a 5- |
275 | 5-year plan to identify the facilities, equipment, personnel, |
276 | and revenue needed by the district during that 5-year period. |
277 | The plan shall be updated in accordance with section 189.415, |
278 | Florida Statutes, and shall satisfy the requirement for a public |
279 | facilities report required by section 189.415(2), Florida |
280 | Statutes. |
281 | Section 10. Boundaries and mergers.-- |
282 | (1) The boundaries of the district may be modified, |
283 | extended, or enlarged upon approval or ratification by the |
284 | Legislature. |
285 | (2) The merger of the district with all, or portions of, |
286 | other independent special districts or dependent fire control |
287 | districts is effective only upon ratification by the |
288 | Legislature. A district may not, solely by reason of a merger |
289 | with another governmental entity, increase ad valorem taxes on |
290 | property within the original limits of the district beyond the |
291 | maximum established by the district's enabling legislation, |
292 | unless approved by the electors of the district by referendum. |
293 | Section 11. Amendment of charter.--This charter may be |
294 | amended only by special act of the Legislature. |
295 | Section 12. Merger or dissolution.--Merger or dissolution |
296 | of the district shall occur as permitted by sections 189.4042 |
297 | and 189.4045, Florida Statutes, as amended from time to time. |
298 | Section 13. Severability.--Should any provision of this |
299 | act be held to be unconstitutional, inoperative, or void, such |
300 | holding or invalidity shall not affect the remaining portions of |
301 | this act. |
302 | Section 2. Referendum.--On or before December 30, 2006, |
303 | the Board of County Commissioners of Manatee County shall call |
304 | and the county supervisor of elections shall conduct a |
305 | referendum of the qualified electors of the district on the |
306 | question of whether the district shall be created by special act |
307 | of the Legislature and authorized to levy non-ad valorem |
308 | assessments, which shall not be increased by more than the |
309 | average annual growth rate in Florida personal income over the |
310 | previous 5 years without a referendum. "Qualified elector" means |
311 | a person who resides within the proposed boundaries of the |
312 | district and is qualified to vote in a general election in |
313 | Manatee County. |
314 | Section 3. This act shall take effect only upon its |
315 | approval by a majority vote of those qualified electors of the |
316 | district voting in a referendum election to be held by the |
317 | Manatee County Supervisor of Elections and to be held on or |
318 | before December 30, 2006, in accordance with the provisions of |
319 | law relating to elections currently in force in the district, |
320 | except that this section and section 2 shall take effect upon |
321 | becoming a law. |