HB 1375CS

CHAMBER ACTION




1The Local Government Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to Manatee County; creating the Duette
7Fire and Rescue District, an independent special district;
8creating a district charter; providing a short title;
9providing definitions; providing territorial boundaries of
10the district; providing purposes and intent; providing for
11a board of commissioners of the district; providing for
12qualification, election, membership, terms of office, and
13compensation of the board; providing for the filling of
14vacancies; providing for meetings; providing powers and
15duties of the board; providing for use of district funds;
16authorizing the district to issue bonds and levy ad
17valorem taxes, non-ad valorem assessments, impact fees,
18and user charges; providing for a 5-year plan; providing
19for modification of district boundaries; providing for
20merger with certain other districts under certain
21circumstances; providing for amendment of the charter by
22special act of the Legislature; providing requirements for
23merger or dissolution; providing severability; requiring a
24referendum; providing an effective date.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  The Duette Fire and Rescue District, an
29independent special district in Manatee County, is created and
30established pursuant to chapters 189 and 191, Florida Statutes,
31and 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
35requires, the following terms shall have the following meanings
36ascribed to them:
37     (1)  "Board" means the Board of Commissioners of the Duette
38Fire and Rescue District.
39     (2)  "Commissioner" means a member of the Board of
40Commissioners 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
44district and is qualified to vote in a general election in
45Manatee County.
46     (6)  "Emergency medical service" means basic life support
47service and advanced life support service, as defined in section
48401.23, Florida Statutes.
49     (7)  "Governor" means the Governor of the State of Florida.
50     Section 3.  Formation; boundaries.--For the purpose of
51providing fire prevention services pursuant to chapter 191,
52Florida Statutes, an independent special district is hereby
53created and incorporated to be known as the Duette Fire and
54Rescue District, hereinafter the "district," in Manatee County
55and shall embrace and include the territory described as:
56
57Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26, 35 and 36,
58all lying in Township 33 South, Range 20 East; Sections 1
59through 36, all lying in Township 33 South, Range 21 East;
60Sections 1 through 36, all lying in Township 33 South,
61Range 22 East; Sections 1, 2, 11, 12, 13, 14, 23, 24, 25,
6226 and 27, all lying in Township 34 South, Range 20 East;
63Sections 1 through 30, all lying in Township 34 South,
64Range 21 East; Sections 1 through 30, all lying in Township
6534 South, Range 22 East.
66
67     Section 4.  Intent.--The purposes of this act are to:
68     (1)  Provide standards, direction, and procedures
69concerning the operation and governance of the special fire
70control district known as the Duette Fire and Rescue District.
71     (2)  Provide uniformity between the Duette Fire and Rescue
72District and other independent special fire control districts.
73     (3)  Provide financing authority of the Duette Fire and
74Rescue District without hampering the efficiency and
75effectiveness of current authorized and implemented methods and
76procedures of raising revenues.
77     (4)  Improve communication and coordination between the
78Duette Fire and Rescue District and other local governments with
79respect to short-range and long-range planning to meet the
80demands for service delivery while maintaining fiscal
81responsibility.
82     (5)  Provide uniform procedures for electing members of the
83governing board of the Duette Fire and Rescue District to ensure
84greater accountability to the public.
85     Section 5.  Board of Commissioners; officers; bond;
86compensation.--
87     (1)  The business affairs of the district shall be
88conducted and administered, pursuant to chapter 191, Florida
89Statutes, by the Board of Commissioners of the Duette Fire and
90Rescue District, which is established as a board of five
91commissioners. Annually, within 60 days after newly elected
92members have taken office, the board shall organize by electing
93from its members a chair, a vice chair, a secretary, and a
94treasurer. The positions of secretary and treasurer may be held
95by one member. The office of each commissioner comprising the
96Board of Commissioners of the Duette Fire and Rescue District is
97hereby designated as being a seat on the commission,
98distinguished from each of the other seats by a numeral: 1, 2,
993, 4, or 5. The numerical seat designation does not designate a
100geographical subdistrict of the district.
101     (2)  Each commissioner shall, upon assuming office, take
102and subscribe to the oath of office prescribed by section 5(b),
103Article II of the State Constitution and section 876.05, Florida
104Statutes. Each commissioner, upon taking office and in
105accordance with chapters 189 and 191, Florida Statutes, shall
106execute to the Governor for the benefit of the district a bond
107conditioned upon the faithful performance of the duties of the
108commissioner's office. The premium for such bonds shall be paid
109from district funds.
110     (3)  Members of the board may each be paid a salary or
111honorarium to be determined by at least a majority plus one vote
112of the board, which salary or honorarium may not exceed $500 per
113month for each member. Special notice of any meeting at which
114the board will consider a salary change for a board member shall
115be published at least once, at least 14 days prior to the
116meeting, in a newspaper of general circulation in the county.
117Separate compensation for the board member serving as treasurer
118may be authorized by like vote so long as total compensation for
119the board member does not exceed $500 per month. Members may be
120reimbursed for travel and per diem expenses, as provided in
121section 112.061, Florida Statutes.
122     (4)  Members of the board shall comply with the financial
123disclosure, noticing, and reporting requirements of chapter 112,
124Florida Statutes, and any other applicable law or regulation.
125     Section 6.  Board of Commissioners; terms; election,
126qualifications, certification of single candidate.--
127     (1)  District elections and referenda shall be held in
128accordance with chapter 191, Florida Statutes.
129     (2)  Except as provided in this subsection, each of the
130five commissioners shall hold his or her respective seat on the
131Board of Commissioners of the Duette Fire and Rescue District
132for a term of 4 years and shall be elected by majority vote of
133the electors of the district voting at a general election. In
134the first election following the effective date of this act,
135seats 1, 3, and 5 shall be designated for 4-year terms, and
136seats 2 and 4 shall be designated for 2-year terms. All
137commissioners must be qualified electors within the district and
138must reside within the district.
139     (3)  Voting for commissioners shall be districtwide and
140nonpartisan.
141     (4)  If a vacancy occurs on the board due to the
142resignation, death, or removal of a commissioner, or the failure
143of anyone to qualify for a board seat, the remaining members may
144appoint a qualified person to fill the seat until the next
145general election, at which time an election shall be held to
146fill the vacancy for the remaining term, if any. The board shall
147remove any member who has three consecutive, unexcused absences
148from regularly scheduled meetings. The board shall adopt
149policies by resolution defining excused and unexcused absences.
150     (5)  Each commissioner, whenever elected, shall assume
151office 10 days following his or her election and shall serve
152until his or her successor is elected.
153     (6)  All candidates shall qualify with the County
154Supervisor of Elections. All candidates may qualify by paying a
155filing fee of $25 or by obtaining the signatures of at least 25
156registered electors of the district on petition forms provided
157by the Supervisor of Elections, which petitions shall be
158submitted and checked in the same manner as petitions filed by
159nonpartisan judicial candidates pursuant to section 105.035,
160Florida Statutes.
161     (7)  The names of all candidates qualifying for election to
162a seat on the Board of Commissioners shall be included on the
163ballot or voting machines provided for use in the district,
164along with the candidates for county office at each regular
165county election, in such a way as to clearly indicate the
166respective seat for which each qualified candidate for district
167commissioner is running.
168     (8)  Any expense of holding elections for commission seats
169at the regular county elections shall be paid out of the funds
170of 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
173which the minutes of all meetings, resolutions, proceedings,
174certificates, bonds given by commissioners, and corporate acts
175shall be recorded. The record book shall be open to inspection
176in the same manner as state, county, and municipal records are
177open under chapter 119, Florida Statutes, and section 24,
178Article I of the State Constitution. The record book shall be
179kept at the office or other regular place of business maintained
180by the board in the county or municipality in which the district
181is located.
182     (10)  All meetings of the board shall be open to the
183public, consistent with chapter 286, Florida Statutes, section
184189.417, 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,
187all the powers and duties set forth in chapters 189 and 191,
188Florida Statutes, as they may be amended from time to time.
189     (2)  No funds of the district shall be used for any
190purposes other than the administration of the affairs and
191business of the district; the construction, care,
192maintenance, upkeep, operation, and purchase of
193firefighting and rescue equipment or a fire station or
194stations; the payment of public utilities; and the payment
195of salaries of district personnel as the board may from
196time to time determine to be necessary for the operations
197and effectiveness of the district.
198     (3)  The board is authorized and empowered to buy,
199own, lease, and maintain a fire department within the
200district and to purchase, acquire by gift, lease, own, and
201dispose of firefighting equipment and property, real and
202personal, that the board may from time to time deem
203necessary or needful to prevent and extinguish fires within
204the district.
205     Section 8.  Taxes; non-ad valorem assessments; impact fees;
206user charges; bond issuance.--
207     (1)  The district shall hold all powers, functions, and
208duties set forth in this act and chapters 189, 191, and 197,
209Florida Statutes, as amended from time to time, including, but
210not limited to, ad valorem taxation, bond issuance, other
211revenue-raising capabilities, budget preparation and approval,
212liens and foreclosure of liens, and use of tax deeds and tax
213certificates as appropriate for non-ad valorem assessments and
214contractual agreements. The district may be financed by any
215method established in this act or chapter 189, chapter 191, or
216chapter 197, Florida Statutes, as amended from time to time.
217     (2)(a)  The district shall be authorized to levy non-ad
218valorem assessments. The methods for assessing and collecting
219non-ad valorem assessments, fees, or service charges shall be as
220set forth in chapter 189, chapter 191, or chapter 197, Florida
221Statutes, as amended from time to time. Upon compliance with all
222applicable provisions of ss. 191.009, 197.3631, and 197.3632,
223Florida Statutes, the district shall be authorized to levy non-
224ad valorem assessments against all assessable real property
225located within the district. Proposed non-ad valorem assessment
226increases set by the board may not exceed the average annual
227growth rate in Florida personal income over the previous 5
228years. Any increase that exceeds the average annual growth rate
229in Florida personal income over the previous 5 years must be
230approved by referendum of the electors of the district.
231     (b)  The district is authorized to levy initial non-ad
232valorem 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
235maximum per-vacant-parcel amount of $1,000.
236     3.  Vacant commercial and industrial parcels of 5 acres or
237less, $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
241feet, $150.
242     6.  A single-family residential parcel over 1,000 square
243feet, $150 plus $0.10 per square foot for every square foot over
2441,000 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
251feet, $250.
252     13.  Commercial and industrial parcels over 1,000 square
253feet, $250 plus $0.20 per square foot for every square foot over
2541,000 square feet.
255     (3)  Impact fees are hereby authorized. The impact fees
256collected by the district pursuant to this section shall be kept
257as a separate fund from other revenues of the district and shall
258be used exclusively for the acquisition, purchase, or
259construction of new facilities or portions thereof required to
260provide fire protection and emergency medical service to new
261construction. "New facilities" means land, buildings, and
262capital equipment, including, but not limited to, fire and
263emergency vehicles and radio telemetry equipment. The fees shall
264not be used for the acquisition, purchase, or construction of
265facilities that must be obtained in any event, regardless of
266growth within the district. The board of commissioners shall
267maintain adequate records to ensure that impact fees are
268expended only for permissible new facilities. The first-time
269levy of impact fees by the district must be approved by
270referendum of the electors of the district. The referendum on
271the first-time levy of an impact fee shall include a notice of
272the future impact fee rate increases permitted by this charter
273without a referendum.
274     Section 9.  Five-year plan.--The district shall adopt a 5-
2755-year plan to identify the facilities, equipment, personnel,
276and revenue needed by the district during that 5-year period.
277The plan shall be updated in accordance with section 189.415,
278Florida Statutes, and shall satisfy the requirement for a public
279facilities report required by section 189.415(2), Florida
280Statutes.
281     Section 10.  Boundaries and mergers.--
282     (1)  The boundaries of the district may be modified,
283extended, or enlarged upon approval or ratification by the
284Legislature.
285     (2)  The merger of the district with all, or portions of,
286other independent special districts or dependent fire control
287districts is effective only upon ratification by the
288Legislature. A district may not, solely by reason of a merger
289with another governmental entity, increase ad valorem taxes on
290property within the original limits of the district beyond the
291maximum established by the district's enabling legislation,
292unless approved by the electors of the district by referendum.
293     Section 11.  Amendment of charter.--This charter may be
294amended only by special act of the Legislature.
295     Section 12.  Merger or dissolution.--Merger or dissolution
296of the district shall occur as permitted by sections 189.4042
297and 189.4045, Florida Statutes, as amended from time to time.
298     Section 13.  Severability.--Should any provision of this
299act be held to be unconstitutional, inoperative, or void, such
300holding or invalidity shall not affect the remaining portions of
301this act.
302     Section 2.  Referendum.--On or before December 30, 2006,
303the Board of County Commissioners of Manatee County shall call
304and the county supervisor of elections shall conduct a
305referendum of the qualified electors of the district on the
306question of whether the district shall be created by special act
307of the Legislature and authorized to levy non-ad valorem
308assessments, which shall not be increased by more than the
309average annual growth rate in Florida personal income over the
310previous 5 years without a referendum. "Qualified elector" means
311a person who resides within the proposed boundaries of the
312district and is qualified to vote in a general election in
313Manatee County.
314     Section 3.  This act shall take effect only upon its
315approval by a majority vote of those qualified electors of the
316district voting in a referendum election to be held by the
317Manatee County Supervisor of Elections and to be held on or
318before December 30, 2006, in accordance with the provisions of
319law relating to elections currently in force in the district,
320except that this section and section 2 shall take effect upon
321becoming a law.


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