| 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 |
|
| 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. |