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 for amendment of the charter by
18special act of the Legislature; providing requirements for
19merger or dissolution; providing severability; requiring a
20referendum; providing an effective date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24     Section 1.  The Duette Fire and Rescue District, an
25independent special district in Manatee County, is created and
26established pursuant to chapters 189 and 191, Florida Statutes,
27and the charter for such district is created to read:
28     Section 1.  Short title.--This act may be cited as the
29"Duette Fire and Rescue District Act."
30     Section 2.  Definitions.--Unless the context otherwise
31requires, the following terms shall have the following meanings
32ascribed to them:
33     (1)  "Board" means the Board of Commissioners of the Duette
34Fire and Rescue District.
35     (2)  "Commissioner" means a member of the Board of
36Commissioners of the district.
37     (3)  "County" means Manatee County, Florida.
38     (4)  "District" means the Duette Fire and Rescue District.
39     (5)  "Elector" means a person who is a resident of the
40district and is qualified to vote in a general election in
41Manatee County.
42     (6)  "Emergency medical service" means basic life support
43service and advanced life support service, as defined in section
44401.23, Florida Statutes.
45     (7)  "Governor" means the Governor of the State of Florida.
46     Section 3.  Formation; boundaries.--For the purpose of
47providing fire prevention services pursuant to chapter 191,
48Florida Statutes, an independent special district is hereby
49created and incorporated to be known as the Duette Fire and
50Rescue District, hereinafter the "district," in Manatee County
51and shall embrace and include the territory described as:
52
53Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26, 35 and 36,
54all lying in Township 33 South, Range 20 East; Sections 1
55through 36, all lying in Township 33 South, Range 21 East;
56Sections 1 through 36, all lying in Township 33 South,
57Range 22 East; Sections 1, 2, 11, 12, 13, 14, 23, 24, 25,
5826 and 27, all lying in Township 34 South, Range 20 East;
59Sections 1 through 30, all lying in Township 34 South,
60Range 21 East; Sections 1 through 30, all lying in Township
6134 South, Range 22 East.
62
63     Section 4.  Intent.--The purposes of this act are to:
64     (1)  Provide standards, direction, and procedures
65concerning the operation and governance of the special fire
66control district known as the Duette Fire and Rescue District.
67     (2)  Provide uniformity between the Duette Fire and Rescue
68District and other independent special fire control districts.
69     (3)  Provide financing authority of the Duette Fire and
70Rescue District without hampering the efficiency and
71effectiveness of current authorized and implemented methods and
72procedures of raising revenues.
73     (4)  Improve communication and coordination between the
74Duette Fire and Rescue District and other local governments with
75respect to short-range and long-range planning to meet the
76demands for service delivery while maintaining fiscal
77responsibility.
78     (5)  Provide uniform procedures for electing members of the
79governing board of the Duette Fire and Rescue District to ensure
80greater accountability to the public.
81     Section 5.  Board of Commissioners; officers; bond;
82compensation.--
83     (1)  The business affairs of the district shall be
84conducted and administered, pursuant to chapter 191, Florida
85Statutes, by the Board of Commissioners of the Duette Fire and
86Rescue District, which is established as a board of five
87commissioners. Annually, within 60 days after newly elected
88members have taken office, the board shall organize by electing
89from its members a chair, a vice chair, a secretary, and a
90treasurer. The positions of secretary and treasurer may be held
91by one member. The office of each commissioner comprising the
92Board of Commissioners of the Duette Fire and Rescue District is
93hereby designated as being a seat on the commission,
94distinguished from each of the other seats by a numeral: 1, 2,
953, 4, or 5. The numerical seat designation does not designate a
96geographical subdistrict of the district.
97     (2)  Each commissioner shall, upon assuming office, take
98and subscribe to the oath of office prescribed by section 5(b),
99Article II of the State Constitution and section 876.05, Florida
100Statutes. Each commissioner, upon taking office and in
101accordance with chapters 189 and 191, Florida Statutes, shall
102execute to the Governor for the benefit of the district a bond
103conditioned upon the faithful performance of the duties of the
104commissioner's office. The premium for such bonds shall be paid
105from district funds.
106     (3)  Members of the board may each be paid a salary or
107honorarium to be determined by at least a majority plus one vote
108of the board, which salary or honorarium may not exceed $500 per
109month for each member. Special notice of any meeting at which
110the board will consider a salary change for a board member shall
111be published at least once, at least 14 days prior to the
112meeting, in a newspaper of general circulation in the county.
113Separate compensation for the board member serving as treasurer
114may be authorized by like vote so long as total compensation for
115the board member does not exceed $500 per month. Members may be
116reimbursed for travel and per diem expenses, as provided in
117section 112.061, Florida Statutes.
118     (4)  Members of the board shall comply with the financial
119disclosure, noticing, and reporting requirements of chapter 112,
120Florida Statutes, and any other applicable law or regulation.
121     Section 6.  Board of Commissioners; terms; election,
122qualifications, certification of single candidate.--
123     (1)  District elections and referenda shall be held in
124accordance with chapter 191, Florida Statutes.
125     (2)  Except as provided in this subsection, each of the
126five commissioners shall hold his or her respective seat on the
127Board of Commissioners of the Duette Fire and Rescue District
128for a term of 4 years and shall be elected by majority vote of
129the electors of the district voting at a general election. In
130the first election following the effective date of this act,
131seats 1, 3, and 5 shall be designated for 4-year terms, and
132seats 2 and 4 shall be designated for 2-year terms. All
133commissioners must be qualified electors within the district and
134must reside within the district.
135     (3)  Voting for commissioners shall be districtwide and
136nonpartisan.
137     (4)  If a vacancy occurs on the board due to the
138resignation, death, or removal of a commissioner, or the failure
139of anyone to qualify for a board seat, the remaining members may
140appoint a qualified person to fill the seat until the next
141general election, at which time an election shall be held to
142fill the vacancy for the remaining term, if any. The board shall
143remove any member who has three consecutive, unexcused absences
144from regularly scheduled meetings. The board shall adopt
145policies by resolution defining excused and unexcused absences.
146     (5)  Each commissioner, whenever elected, shall assume
147office 10 days following his or her election and shall serve
148until his or her successor is elected.
149     (6)  All candidates shall qualify with the County
150Supervisor of Elections. All candidates may qualify by paying a
151filing fee of $25 or by obtaining the signatures of at least 25
152registered electors of the district on petition forms provided
153by the Supervisor of Elections, which petitions shall be
154submitted and checked in the same manner as petitions filed by
155nonpartisan judicial candidates pursuant to section 105.035,
156Florida Statutes.
157     (7)  The names of all candidates qualifying for election to
158a seat on the Board of Commissioners shall be included on the
159ballot or voting machines provided for use in the district,
160along with the candidates for county office at each regular
161county election, in such a way as to clearly indicate the
162respective seat for which each qualified candidate for district
163commissioner is running.
164     (8)  Any expense of holding elections for commission seats
165at the regular county elections shall be paid out of the funds
166of the district, if required by proper authority.
167     (9)  The board shall keep a permanent record book entitled
168"Record of Proceedings of Duette Fire and Rescue District" in
169which the minutes of all meetings, resolutions, proceedings,
170certificates, bonds given by commissioners, and corporate acts
171shall be recorded. The record book shall be open to inspection
172in the same manner as state, county, and municipal records are
173open under chapter 119, Florida Statutes, and section 24,
174Article I of the State Constitution. The record book shall be
175kept at the office or other regular place of business maintained
176by the board in the county or municipality in which the district
177is located.
178     (10)  All meetings of the board shall be open to the
179public, consistent with chapter 286, Florida Statutes, section
180189.417, Florida Statutes, and other applicable general laws.
181     Section 7.  Powers; use of district funds.--
182     (1)  The district shall have, and the board may exercise,
183all the powers and duties set forth in chapters 189 and 191,
184Florida Statutes, as they may be amended from time to time.
185     (2)  No funds of the district shall be used for any
186purposes other than the administration of the affairs and
187business of the district; the construction, care,
188maintenance, upkeep, operation, and purchase of
189firefighting and rescue equipment or a fire station or
190stations; the payment of public utilities; and the payment
191of salaries of district personnel as the board may from
192time to time determine to be necessary for the operations
193and effectiveness of the district.
194     (3)  The board is authorized and empowered to buy,
195own, lease, and maintain a fire department within the
196district and to purchase, acquire by gift, lease, own, and
197dispose of firefighting equipment and property, real and
198personal, that the board may from time to time deem
199necessary or needful to prevent and extinguish fires within
200the district.
201     Section 8.  Taxes; non-ad valorem assessments; impact fees;
202user charges; bond issuance.--
203     (1)  The district shall hold all powers, functions, and
204duties set forth in this act and chapters 189, 191, and 197,
205Florida Statutes, as amended from time to time, including, but
206not limited to, ad valorem taxation, bond issuance, other
207revenue-raising capabilities, budget preparation and approval,
208liens and foreclosure of liens, and use of tax deeds and tax
209certificates as appropriate for non-ad valorem assessments and
210contractual agreements. The district may be financed by any
211method established in this act or chapter 189, chapter 191, or
212chapter 197, Florida Statutes, as amended from time to time.
213     (2)(a)  The district shall be authorized to levy non-ad
214valorem assessments. The methods for assessing and collecting
215non-ad valorem assessments, fees, or service charges shall be as
216set forth in chapter 189, chapter 191, or chapter 197, Florida
217Statutes, as amended from time to time. Upon compliance with all
218applicable provisions of ss. 191.009, 197.3631, and 197.3632,
219Florida Statutes, the district shall be authorized to levy non-
220ad valorem assessments against all assessable real property
221located within the district. Proposed non-ad valorem assessment
222increases set by the board may not exceed the average annual
223growth rate in Florida personal income over the previous 5
224years. Any increase that exceeds the average annual growth rate
225in Florida personal income over the previous 5 years must be
226approved by referendum of the electors of the district.
227     (b)  The district is authorized to levy initial non-ad
228valorem assessments up to the following maximum amounts:
229     1.  Vacant lots of 5 acres or less, $20.
230     2.  Vacant acreage over 5 acres, $5 per acre, with a
231maximum per-vacant-parcel amount of $1,000.
232     3.  Vacant commercial and industrial parcels of 5 acres or
233less, $20.
234     4.  Vacant commercial and industrial parcels over 5 acres,
235$5 per acre, with a maximum per-vacant-parcel amount of $1,000.
236     5.  A single-family residential parcel up to 1,000 square
237feet, $150.
238     6.  A single-family residential parcel over 1,000 square
239feet, $150 plus $0.10 per square foot for every square foot over
2401,000 square feet.
241     7.  A two-family residential parcel, $150 per unit.
242     8.  A multifamily residential parcel, $150 per unit.
243     9.  Condominiums, $150 per unit.
244     10.  Miscellaneous dwelling units, $150 per unit.
245     11.  Mobile homes, $150 per unit.
246     12.  Commercial and industrial parcels up to 1,000 square
247feet, $250.
248     13.  Commercial and industrial parcels over 1,000 square
249feet, $250 plus $0.20 per square foot for every square foot over
2501,000 square feet.
251     (3)  Impact fees are hereby authorized. The impact fees
252collected by the district pursuant to this section shall be kept
253as a separate fund from other revenues of the district and shall
254be used exclusively for the acquisition, purchase, or
255construction of new facilities or portions thereof required to
256provide fire protection and emergency medical service to new
257construction. "New facilities" means land, buildings, and
258capital equipment, including, but not limited to, fire and
259emergency vehicles and radio telemetry equipment. The fees shall
260not be used for the acquisition, purchase, or construction of
261facilities that must be obtained in any event, regardless of
262growth within the district. The board of commissioners shall
263maintain adequate records to ensure that impact fees are
264expended only for permissible new facilities. The first-time
265levy of impact fees by the district must be approved by
266referendum of the electors of the district. The referendum on
267the first-time levy of an impact fee shall include a notice of
268the future impact fee rate increases permitted by this charter
269without a referendum.
270     Section 9.  Five-year plan.--The district shall adopt a 5-
2715-year plan to identify the facilities, equipment, personnel,
272and revenue needed by the district during that 5-year period.
273The plan shall be updated in accordance with section 189.415,
274Florida Statutes, and shall satisfy the requirement for a public
275facilities report required by section 189.415(2), Florida
276Statutes.
277     Section 10.  Boundaries and mergers.--
278     (1)  The boundaries of the district may be modified,
279extended, or enlarged upon approval or ratification by the
280Legislature.
281     (2)  The merger of the district with all, or portions of,
282other independent special districts or dependent fire control
283districts is effective only upon ratification by the
284Legislature. A district may not, solely by reason of a merger
285with another governmental entity, increase ad valorem taxes on
286property within the original limits of the district beyond the
287maximum established by the district's enabling legislation,
288unless approved by the electors of the district by referendum.
289     Section 11.  Amendment of charter.--This charter may be
290amended only by special act of the Legislature.
291     Section 12.  Merger or dissolution.--Merger or dissolution
292of the district shall occur as permitted by sections 189.4042
293and 189.4045, Florida Statutes, as amended from time to time.
294     Section 13.  Severability.--Should any provision of this
295act be held to be unconstitutional, inoperative, or void, such
296holding or invalidity shall not affect the remaining portions of
297this act.
298     Section 2.  Referendum.--On or before December 30, 2006,
299the Board of County Commissioners of Manatee County shall call
300and the county supervisor of elections shall conduct a
301referendum of the qualified electors of the district on the
302question of whether the district shall be created by special act
303of the Legislature and authorized to levy non-ad valorem
304assessments, which shall not be increased by more than the
305average annual growth rate in Florida personal income over the
306previous 5 years without a referendum. "Qualified elector" means
307a person who resides within the proposed boundaries of the
308district and is qualified to vote in a general election in
309Manatee County.
310     Section 3.  This act shall take effect only upon its
311approval by a majority vote of those qualified electors of the
312district voting in a referendum election to be held by the
313Manatee County Supervisor of Elections and to be held on or
314before December 30, 2006, in accordance with the provisions of
315law relating to elections currently in force in the district,
316except that this section and section 2 shall take effect upon
317becoming a law.


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