1 | A bill to be entitled |
2 | An act relating to Argyle Fire District, Walton County; |
3 | creating a special district; providing definitions; |
4 | providing for creation, status, charter amendments, |
5 | boundaries, and purposes; providing for a board of |
6 | commissioners; providing for election and terms of |
7 | commissioners; providing for employment of board |
8 | personnel; providing for election of board officers; |
9 | providing for compensation and bonds of commissioners; |
10 | providing for powers, duties, and responsibilities of the |
11 | board; preserving the authority to levy non-ad valorem |
12 | special assessments; providing for impact fees; |
13 | authorizing the board to levy special assessments; |
14 | providing legislative intent; providing for duties of the |
15 | property appraiser; providing for special assessment as a |
16 | lien; providing for deposit of such special assessments; |
17 | providing for authority to disburse funds; authorizing the |
18 | board to borrow money; providing for use of district |
19 | funds; requiring a record of all board meetings; |
20 | authorizing the board to adopt rules and regulations; |
21 | providing for the board to make an annual budget; |
22 | requiring an annual report; authorizing the board to enact |
23 | fire prevention ordinances, appoint a district fire chief, |
24 | acquire land, enter contracts, establish salaries, and |
25 | establish and operate a fire rescue service; providing for |
26 | district authority upon annexation of district lands; |
27 | providing for dissolution; providing immunity from tort |
28 | liability for officers, agents, and employees; providing |
29 | for district expansion; providing for construction and |
30 | effect; providing an effective date. |
31 |
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32 | Be It Enacted by the Legislature of the State of Florida: |
33 |
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34 | Section 1. Argyle Fire District is hereby created and the |
35 | charter for the district is created to read: |
36 | Section 1. Definitions.--As used in the act, unless |
37 | otherwise specified: |
38 | (1) "District" means the Argyle Fire District. |
39 | (2) "Board" means the board of commissioners created |
40 | pursuant to this act and chapter 191, Florida Statutes. |
41 | (3) "Board of directors" means the existing policymaking |
42 | and governing body of the Argyle Fire District of Walton County. |
43 | (4) "Commissioner" means a member of the board of |
44 | commissioners of and for the district. |
45 | (5) "Director" means a member of the board of directors. |
46 | (6) "Residence" means one single-family dwelling, |
47 | including one single-apartment dwelling unit; one single- |
48 | condominium dwelling unit; one single duplex, triplex, or other |
49 | attached dwelling unit; one single-family detached dwelling |
50 | unit; or one single mobile or modular home dwelling unit. |
51 | (7) "Business" means motels, apartments, or rental |
52 | dwellings, along with other standard commercial or industrial |
53 | businesses such as gasoline stations, stores, marinas, and |
54 | similar establishments, as authorized pursuant to the applicable |
55 | local government comprehensive plan, whether or not such |
56 | businesses are required to pay or collect sales taxes. |
57 | Section 2. Creation; status; charter amendments; |
58 | boundaries; district purposes.--There is hereby created an |
59 | independent special fire control district and rescue service |
60 | district incorporating lands in Walton County described in |
61 | subsection (1) which shall be a public corporation having the |
62 | powers, duties, obligations, and immunities herein set forth |
63 | under the name of the Argyle Fire District. The district is |
64 | organized and exists for all purposes and shall hold all powers |
65 | set forth in this act and chapters 189 and 191, Florida |
66 | Statutes. |
67 | (1) The lands to be included within the district are the |
68 | following described lands in Walton County: |
69 | Those portions in Township 2 North, Range 18 West |
70 | which include, entire sections 1 through 24 inclusive. |
71 | Sections 26 through 29 inclusive. Sections 33 through |
72 | 35 inclusive. And all of Sections 30 and 32 lying East |
73 | of the center of Bruce Creek. |
74 | Those portions within Township 2 North, Range 19 West |
75 | which include, Sections 13 and 24 lying East of the |
76 | center of Bruce Creek. Sections 1 and 2 lying outside |
77 | of the present city limits of DeFuniak Springs. |
78 | Those portions in Township 3 North, Range 18 West |
79 | which include, Sections 4 though 9 inclusive. Sections |
80 | 16 through 21 inclusive. Sections 28 through 29 |
81 | inclusive. Sections 32 and 33 inclusive. Those |
82 | portions of Sections 30 and 31 lying outside of the |
83 | present city limits of DeFuniak Springs. |
84 | Those portions in Township 3 North, Range 19 West |
85 | which include, those parts of Sections 1 and 2 lying |
86 | South of the centerline of County Road 1883 and |
87 | Sunrise Road. The portion of Section 3 lying south of |
88 | the centerline of Sunrise Road. The portion of Section |
89 | 10 lying North and Southeast of Lake Juniper. Entire |
90 | Sections 11, 12, 13, 14 and 24. Those portions of |
91 | Section 15 lying East of a line running North and |
92 | South from the center of the Lake Juniper Dam and |
93 | lying outside of the present city limits of DeFuniak |
94 | Springs. The portion of Section 22 lying East of a |
95 | line running North and South from the center of the |
96 | Lake Juniper Dam and lying outside of the present city |
97 | limits of DeFuniak Springs. Those portions of section |
98 | 23, 24, 25, and 36 lying North and or East of the |
99 | present city limits of DeFuniak Springs. |
100 | Those portions within Township 4 North, Range 18 West |
101 | which include, those portions of Section 31, lying |
102 | South of the centerline of Coy Ellis Road. Those parts |
103 | of Sections 32 and 33 lying South of the centerline of |
104 | County Road 183 North. The portion of Section 33 lying |
105 | East of County Road 183A. |
106 | The portion within Township 4 North, Range 19 West |
107 | which includes, that part of Section 36 lying South |
108 | and East of County Road 1883 and Coy Ellis Road. |
109 | (2) The purpose of this act is to promote the general |
110 | health, welfare, and safety of the citizens and residents of |
111 | Walton County who reside within the geographical limits of the |
112 | Argyle Fire District by providing for the financial support of |
113 | the Argyle Fire District of Walton County, a not-for-profit |
114 | corporation, which currently provides the district with fire |
115 | protection services, facilities, and firefighting equipment; the |
116 | establishment and maintenance of fire stations and fire |
117 | substations; the acquisition and maintenance of all firefighting |
118 | and protection equipment necessary for the prevention of fires |
119 | or fighting of fires; the employment and training of such |
120 | personnel as may be necessary to accomplish fire prevention and |
121 | firefighting; the establishment and maintenance of emergency |
122 | services; the acquisition and maintenance of rescue and other |
123 | emergency equipment; and the employment and training of |
124 | necessary emergency personnel. The district may provide |
125 | emergency medical services. The district shall have all other |
126 | powers necessary to carry out these purposes. |
127 | (3) Nothing herein shall prevent the district from |
128 | cooperating with the state or other local governments to render |
129 | such services to communities adjacent to the land described in |
130 | this section as evidenced by a signed aid agreement. |
131 | (4) The district charter may be amended only by special |
132 | act of the Legislature. |
133 | Section 3. Board of commissioners.-- |
134 | (1) Pursuant to chapter 191, Florida Statutes, the |
135 | business and affairs of the district shall be governed and |
136 | administered by a board of five commissioners, who shall be |
137 | qualified electors residing within the district and shall be |
138 | elected by the qualified electors residing within the district |
139 | at a general election, subject to the provisions of chapters 189 |
140 | and 191, Florida Statutes, and this act. Each commissioner shall |
141 | hold office until his or her successor is elected and qualified |
142 | under the provisions of this act. The procedures for conducting |
143 | district elections and for qualification of candidates and |
144 | electors shall be pursuant to chapters 189 and 191, Florida |
145 | Statutes. |
146 | (2) The five members of the initial board shall be elected |
147 | by the qualified electors residing within the district. The |
148 | three elected members for seats 1, 3, and 5 in the initial |
149 | election under this act shall serve terms of 4 years each. The |
150 | remaining two selected members for seats 2 and 4 in the initial |
151 | election under this act shall serve terms of 2 years each. |
152 | Subsequent elections under this act shall coincide with the |
153 | general elections of this state. The members of the board shall |
154 | serve on a nonpartisan basis for a term of 4 years each. |
155 | (3) Vacancies in office shall be filled by special |
156 | election, said election to be held coincidental with the next |
157 | countywide general or special election. The board may appoint a |
158 | qualified elector of the district to act as commissioner until |
159 | the vacancy is filled by election. A commissioner must be a |
160 | qualified elector residing within the district. A commissioner |
161 | may be removed from office for any reason that a state or county |
162 | officer may be removed. |
163 | (4) All elections shall be noticed, called, and held |
164 | pursuant to the provisions of the general laws of the state, |
165 | except as otherwise provided herein. The board shall, to the |
166 | extent possible, coordinate all elections with countywide |
167 | general or special elections in order to minimize costs. |
168 | Elections shall be called through the adoption of an appropriate |
169 | resolution of the district directed to the Board of County |
170 | Commissioners of Walton County, the Supervisor of Elections of |
171 | Walton County, and other appropriate officers of the county. The |
172 | district shall reimburse county government for the actual cost |
173 | of district elections. No commissioner shall be a paid employee |
174 | of the district while holding said position. This shall not |
175 | prevent volunteers from receiving reimbursement for expenses |
176 | from serving as commissioners. |
177 | (5) The board may employ such personnel as deemed |
178 | necessary for the proper function and operation of a fire |
179 | district. The salaries of fire department and emergency service |
180 | personnel and any other wages shall be determined by the board. |
181 | Section 4. Officers; board compensation; bond.-- |
182 | (1) In accordance with chapter 191, Florida Statutes, each |
183 | elected member of the board shall assume office 10 days |
184 | following the member's election. Annually, within 60 days after |
185 | election of new members of said board, the members shall |
186 | organize by electing from their number a chair, vice chair, |
187 | secretary, and treasurer. However, the same member may be both |
188 | secretary and treasurer, in accordance with chapter 191, Florida |
189 | Statutes. |
190 | (2) The commissioners may receive reimbursement for actual |
191 | expenses incurred while performing the duties of their offices |
192 | in accordance with general law governing per diem for public |
193 | officials. Commissioners may receive compensation for their |
194 | services in accordance with chapter 191, Florida Statutes. |
195 | (3) Each commissioner, upon taking office and in |
196 | accordance with chapters 189 and 191, Florida Statutes, shall |
197 | execute to the Governor, for the benefit of the district, a bond |
198 | of $5,000 with a qualified personal or corporate surety, |
199 | conditioned upon the faithful performance of the duties of the |
200 | commissioner's office and upon an accounting for all funds which |
201 | come into his or her hands as commissioner; however, the |
202 | treasurer shall furnish a bond of $10,000, which may be in lieu |
203 | of the $5,000 bond. The premium of such bonds shall be paid from |
204 | district funds. |
205 | Section 5. Powers; duties; responsibilities.-- |
206 | (1) The district shall have and the board may exercise by |
207 | majority vote all the powers and duties set forth in this act |
208 | and chapters 189, 191, and 197, Florida Statutes, including, but |
209 | not limited to, special assessments, other revenue-raising |
210 | capabilities, budget preparation and approval, liens and |
211 | foreclosure of liens, use of tax deeds and tax certificates as |
212 | appropriate from non-ad valorem assessments, contractual |
213 | agreements, and adoption of ordinances and resolutions that are |
214 | necessary to conduct district business if such ordinances do not |
215 | conflict with any ordinance of a local general purpose |
216 | government within whose jurisdiction the district is located. |
217 | (2) The board shall continue to have the right, power, and |
218 | authority to levy annually special assessment against the |
219 | taxable property within the district to provide funds for the |
220 | purposes of the district, in an amount not to exceed the limit |
221 | provided in chapter 191, Florida Statutes. |
222 | (3) The methods for assessing and collecting special |
223 | assessments, fees, or service charges shall be as set forth in |
224 | this act and chapters 170, 189, 191, and 197, Florida Statutes. |
225 | (4) The district shall levy and collect special |
226 | assessments in accordance with chapter 200, Florida Statutes. |
227 | (5) The district is authorized to levy and enforce special |
228 | assessments in accordance with chapters 170, 189, 191, and 197, |
229 | Florida Statutes. |
230 | (6) The district's planning requirements shall be as set |
231 | forth in this act and chapters 189 and 191, Florida Statutes. |
232 | (7) Requirements for financial disclosure, meeting |
233 | notices, reporting, public records maintenance, and per diem |
234 | expenses for officers and employees shall be as set forth in |
235 | this act and chapters 112, 119, 189, 191, and 286, Florida |
236 | Statutes. |
237 | Section 6. Impact fees.-- |
238 | (1) Pursuant to section 191.009(4), Florida Statutes, it |
239 | is hereby declared that the cost of new facilities borne by fire |
240 | protection and emergency services should be borne by new users |
241 | of the district's services to the extent new construction |
242 | requires new facilities, but only to that extent. It is the |
243 | legislative intent of this section to transfer to the new users |
244 | of the district's fire protection and emergency services a fair |
245 | share of the costs that new users impose on the district for new |
246 | facilities. This shall only apply in the event that the general- |
247 | purpose local government in which the district is located has |
248 | not adopted an impact fee for fire services which is distributed |
249 | to the district for construction within its jurisdictional |
250 | boundaries. |
251 | (2) The impact fees collected by the district pursuant to |
252 | this section shall be kept as a separate fund from other |
253 | revenues of the district and shall be used exclusively for the |
254 | acquisition, purchase, or construction of new facilities or |
255 | portions thereof required to provide fire protection and |
256 | emergency services to new construction. "New facilities" means |
257 | land, buildings, and capital equipment, including, but not |
258 | limited to, fire and emergency vehicles and radio telemetry |
259 | equipment. The fees shall not be used for the acquisition, |
260 | purchase, or construction of facilities which must be obtained |
261 | in any event, regardless of growth within the district. The |
262 | board of fire commissioners shall maintain adequate records to |
263 | ensure that impact fees are expended only for permissible new |
264 | facilities. |
265 | Section 7. Special assessments.-- |
266 | (1) The board shall have the right, power, and authority |
267 | to levy special assessments against the taxable real estate |
268 | within the district to provide funds for the purpose of the |
269 | district. |
270 | (2)(a) For each residential dwelling or mobile home |
271 | situated on any parcel of land within said district, the charge |
272 | shall be $25 annually. It is expressly understood that mobile |
273 | home parks or multiunit dwellings are not included in this |
274 | category and shall be included in paragraph (b). |
275 | (b) For each mobile home park, apartment building, motel, |
276 | hotel, condominium, townhouse, or other multifamily residence, |
277 | the charge shall not exceed: |
278 | 1. 2 to 4 units or lots, $25 each annually. |
279 | 2. 5 to 10 units or lots, $20 each annually. |
280 | 3. 11 to 25 units or lots, $18 each annually. |
281 | 4. Over 25 units or lots, $15 each annually. |
282 | (c) For each commercial establishment or business, the |
283 | charge shall not exceed the following rates: |
284 | 1. Up to 5,000 square feet of floor space: $50 annually. |
285 | 2. Over 5,000 square feet of floor space: $100 annually. |
286 |
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287 | The existence of a commercial establishment or business shall be |
288 | evidenced by the presence of advertising signs, by tax roll |
289 | classification, or by custom. Business enterprises wholly |
290 | contained within a residential unit shall not be included in |
291 | this category and shall be included under paragraph (a). |
292 | Multifamily residential units and mobile home parks shall be |
293 | included under paragraph (b). |
294 | (d) No assessment shall be levied for any parcel of |
295 | agricultural, timber, unimproved residential, or other |
296 | unimproved property. Adjoining parcels owned by an individual |
297 | taxpayer will be treated as one parcel for assessment purposes, |
298 | even though they may be shown as separate items on the county |
299 | tax roll. |
300 | (e) No assessment shall be levied against churches, |
301 | schools, governmental property, or property owned by other |
302 | nonprofit charitable organizations. |
303 | (f) Any increase in the special assessment must be |
304 | approved by a majority of the electors within the Argyle Fire |
305 | District. |
306 | (3) It is the legislative intent that this act shall |
307 | authorize the Walton County Property Appraiser and the Walton |
308 | County Tax Collector to take all appropriate action to comply |
309 | with the intent of the purpose of this act. |
310 | (4) It is also the legislative intent that the board of |
311 | commissioners shall be a vehicle to provide funding to |
312 | accomplish the purpose set out in this act. |
313 | Section 8. Property appraiser.-- |
314 | (1) The Walton County Property Appraiser shall furnish the |
315 | commissioners a tax roll covering all taxable properties within |
316 | the district on or before July 1 of each year. |
317 | (2) The Walton County Property Appraiser shall include in |
318 | the Walton County tax roll the assessments made by the board, |
319 | and the same shall be collected in the manner as provided for by |
320 | this act and paid over by the Walton County Tax Collector to the |
321 | board. |
322 | (3) The Walton County Property Appraiser shall be |
323 | reimbursed for assessing such special assessments in the manner |
324 | and amount authorized by general law, and the Walton County Tax |
325 | Collector shall receive a commission or fee of 3 percent for |
326 | collection of such special assessments. |
327 | Section 9. Special assessment as a lien.--The special |
328 | assessment levied and assessed by the district shall be a lien |
329 | upon the property so assessed along with the county taxes |
330 | assessed against such property until said assessment and taxes |
331 | have been paid, and if the special assessment levied by the |
332 | district becomes delinquent, such special assessment shall be |
333 | considered a part of the county tax subject to the same |
334 | penalties, charges, fees, and remedies for enforcement and |
335 | collection of such taxes. |
336 | Section 10. Deposit of special assessments; fees; |
337 | authority to disburse funds.-- |
338 | (1) The proceeds of the assessments and funds of the |
339 | district shall be deposited in qualified public depositories in |
340 | accordance with chapters 191 and 280, Florida Statutes, in the |
341 | name of the district in a bank authorized to receive deposits of |
342 | district funds. The bank shall be designated by a resolution of |
343 | the board. |
344 | (2) All warrants for the payment of labor, equipment, and |
345 | other expenses of the board, and in carrying into effect this |
346 | act and the purpose thereof, shall be payable by the treasurer |
347 | of the board on accounts and vouchers approved and authorized by |
348 | two board members. No funds of the district shall be paid out or |
349 | disbursed except by check signed by two board members. |
350 | Section 11. Authority to borrow money.-- |
351 | (1) The board of commissioners shall have the power and |
352 | authority to borrow money or issue other evidences of |
353 | indebtedness for the purpose of the district in accordance with |
354 | chapters 189 and 191, Florida Statutes, provided, however, that |
355 | the total payments in any one year, including principal and |
356 | interest, on any indebtedness incurred by the district shall not |
357 | exceed 50 percent of the total estimated annual budgeted |
358 | revenues of the district. |
359 | (2) The board of commissioners, board of directors as a |
360 | body, or any of the members of either board as individuals shall |
361 | not be personally or individually liable for the repayment of |
362 | such loan. Such repayment shall be made out of the special |
363 | assessment receipts of the district, except as provided in this |
364 | subsection. The commissioners shall not create any indebtedness |
365 | or incur obligations for any sum or amount which they are unable |
366 | to repay out of district funds available to them at that time, |
367 | except as otherwise provided in this act, provided, however, |
368 | that the commissioners may make purchases of equipment on an |
369 | installment basis as necessary if funds are available for the |
370 | payment of the current year's installment on such equipment plus |
371 | the amount due in that year of any of the installments and the |
372 | repayment of any bank loan or other existing indebtedness which |
373 | may be due that year. |
374 | Section 12. Use of district funds.--No funds of the |
375 | district shall be used for any purposes other than the |
376 | administration of the affairs and business of the district; the |
377 | construction, care, maintenance, upkeep, operation, and purchase |
378 | of firefighting and rescue equipment or fire station; the |
379 | payment of public utilities; and the payment of salaries of |
380 | district personnel as the board may from time to time determine |
381 | to be necessary for the operations and effectiveness of the |
382 | district. |
383 | Section 13. Record of board meetings; authority to adopt |
384 | rules and regulations; annual reports; budget.-- |
385 | (1) A record shall be kept of all meetings of the board, |
386 | and in such meetings concurrence of a majority of the |
387 | commissioners present shall be necessary to any affirmative |
388 | action by the board. |
389 | (2) The board shall have the authority to adopt and amend |
390 | rules and regulations for the administration of the affairs of |
391 | the district under the terms of this act and chapters 189 and |
392 | 191, Florida Statutes, which shall include, but not be limited |
393 | to, the authority to adopt the necessary rules and regulations |
394 | for the administration and supervision of the property and |
395 | personnel of the district; for the prevention of fires, fire |
396 | control, fire hydrant placement, and flow testing in accordance |
397 | with current NFPA rules; and for rescue work within the |
398 | district. Said commissioners shall have all the lawful power and |
399 | the authority necessary to carry out the purposes of said fire |
400 | district; to purchase all necessary real and personal property; |
401 | to purchase and carry standard insurance policies on all such |
402 | equipment; to employ such personnel as may be necessary to carry |
403 | out the purpose of said fire district; to provide adequate |
404 | insurance for said employees; to purchase and carry appropriate |
405 | insurance for the protection of all firefighters and personnel |
406 | as well as all equipment and personal property on loan to the |
407 | district; to sell surplus real and personal property in the same |
408 | manner and subject to the same restrictions as provided for such |
409 | sales by counties; to enter into contracts with qualified |
410 | service providers, the Argyle Fire District of Walton County, |
411 | other fire departments, municipalities, and state and federal |
412 | governmental units for the purpose of obtaining financial aid; |
413 | and for otherwise carrying out the purposes of the district. The |
414 | commissioners shall adopt a fiscal year for said fire district, |
415 | which shall be October 1 to September 30. |
416 | (3) Any policies, rules, and regulations promulgated and |
417 | made by the board shall have the force and effect of law after |
418 | copies thereof, signed by the secretary and chair or vice chair, |
419 | shall have been posted in three public places within the |
420 | district in conspicuous locations and advertised by title once a |
421 | week for 2 consecutive weeks in a newspaper of general paid |
422 | circulation in the district. |
423 | (4) The board shall, on or before November 1, make an |
424 | annual report of its actions and accounting of its funds as of |
425 | September of that year, and shall file said report in the office |
426 | of the Clerk of the Circuit Court of Walton County, whose duty |
427 | it shall be to receive and file said report and hold and keep |
428 | the same as a public record. |
429 | (5) For the purposes of carrying into effect this act, the |
430 | board shall annually prepare, consider, and adopt a district |
431 | budget pursuant to the applicable requirements of chapters 189 |
432 | and 191, Florida Statutes. The board shall, at the same time as |
433 | it makes its annual report, file its estimated budget for the |
434 | fiscal year beginning October 1, which budget shall show the |
435 | estimated revenue to be received by the district and the |
436 | estimated expenditures to be incurred by the district in |
437 | carrying out its operations. |
438 | Section 14. Authority to enact fire prevention ordinances; |
439 | appoint or employ a fire chief; acquire land; enter contracts; |
440 | establish salaries; general and special powers; authority to |
441 | provide emergency medical and rescue services.-- |
442 | (1) The board of commissioners shall have the right and |
443 | power to enact fire prevention ordinances in the same manner |
444 | provided for the adoption of policies and regulations in |
445 | subsection (2) of section 13, and when the provisions of such |
446 | fire prevention ordinances are determined by the board to be |
447 | violated, the office of the state attorney, upon written notice |
448 | of such violation issued by the board, is authorized to |
449 | prosecute such person or persons held to be in violation |
450 | thereof. Any person found guilty of a violation may be punished |
451 | as provided in chapter 775, Florida Statutes, as a misdemeanor |
452 | of the second degree. The cost of such prosecution shall be paid |
453 | out of the district funds, unless otherwise provided by law. |
454 | (2) The board shall have the power to appoint or employ a |
455 | fire chief, who shall be a person experienced in all types of |
456 | firefighting and fire prevention and who shall work with and |
457 | cooperate with the Fire Marshal in which the district is |
458 | situated in the prevention of fires of all types. The district |
459 | fire chief shall be authorized to enter, at all reasonable |
460 | hours, any building or premises for the purpose of making any |
461 | inspection or investigation which the State Fire Marshal is |
462 | authorized to make pursuant to state law and regulation. The |
463 | owner, lessee, manager, or operator of any building or premises |
464 | shall permit the district fire chief to enter and inspect the |
465 | building or premises at all reasonable hours. The district fire |
466 | chief shall report any violations of state fire safety laws or |
467 | regulations to the appropriate officials. |
468 | (3) The board shall have the power to acquire, by gift or |
469 | purchase, lands or rights in lands, and any other property, real |
470 | and personal, tangible or intangible, necessary, desirable, or |
471 | convenient for carrying out the purposes of the district, and to |
472 | pay any and all costs of same out of the funds of the district, |
473 | provided that prior to the acquisition of the location of a fire |
474 | station site, an appropriate investigation shall be conducted |
475 | which shall include, but not be limited to, obtaining the staff |
476 | recommendation of the Walton County Planning Department. |
477 | (4) The board shall have the power to enter into contracts |
478 | or to otherwise join with the Argyle Fire District of Walton |
479 | County, or to otherwise join with any other district, city, or |
480 | town, the United States of America, or any agency or authority |
481 | thereunder, for the purpose of expanding services, providing |
482 | effective aid, and accomplishing and carrying out the purposes |
483 | for which the district was created and for the further purpose |
484 | of specifically obtaining financial aid, assistance, or subsidy. |
485 | (5) The salaries of fire department personnel and any |
486 | other wages shall be determined by the board. |
487 | (6) The district is authorized to establish and maintain |
488 | emergency medical and rescue response services and acquire and |
489 | maintain rescue, medical, and other emergency equipment, subject |
490 | to the provisions of chapter 401, Florida Statutes. |
491 | Section 15. Annexations.--If any municipality or other |
492 | fire control district annexes any land included in the district, |
493 | such annexation shall follow the procedures set forth in section |
494 | 171.093, Florida Statutes. |
495 | Section 16. Dissolution.--The district shall exist until |
496 | dissolved in the same manner as it was created. If the Argyle |
497 | Fire District of Walton County is dissolved or ceases to exist |
498 | for any reason, or if the board determines that the Argyle Fire |
499 | District of Walton County is unable to carry out its objectives |
500 | as stated or the objectives of the district as stated in |
501 | subsection (2) of section 2, or the district's published |
502 | policies, the board shall in its discretion make arrangements |
503 | for other means of providing fire protection and rescue |
504 | services. |
505 | Section 17. Immunity from tort liability.-- |
506 | (1) The district and its officers, agents, and employees |
507 | shall have the same immunity from tort liability as other |
508 | agencies and subdivisions of the state. The provisions of |
509 | chapter 768, Florida Statutes, shall apply to all claims |
510 | asserted against the district. |
511 | (2) The district commissioners and all officers, agents, |
512 | and employees of the district shall have the same immunity and |
513 | exemption from personal liability as is provided by general law |
514 | of the state for state, county, and municipal officers. |
515 | (3) The district shall defend all claims against the |
516 | commissioners, officers, agents, and employees which arise |
517 | within the scope of employment or purposes of the district and |
518 | shall pay all judgments against said persons, except where said |
519 | persons acted in bad faith or with malicious purpose or in a |
520 | manner exhibiting wanton and willful disregard of human rights, |
521 | safety, or property. |
522 | Section 18. District expansion.-- |
523 | (1) The district boundaries may be extended from time to |
524 | time as follows: |
525 | (a) Land contiguous to the boundaries of the district in |
526 | unincorporated Walton County may be included in the district |
527 | when a petition for inclusion signed and sworn to by a majority |
528 | of the owners of the real property within the tract or tracts to |
529 | be included in the district has been presented to the board of |
530 | commissioners and the proposal has been approved by the |
531 | affirmative vote of no fewer than three members of the board of |
532 | commissioners at a regular meeting. |
533 | (b) The petition must contain the legal description of the |
534 | property sought to be added to the district and the names and |
535 | addresses of the owners of the property. |
536 | (2) If a proposal to add an area to the district as |
537 | defined in subsection (1) is approved by the affirmative vote of |
538 | no fewer than three members of the board of commissioners at a |
539 | regular meeting, the board of commissioners shall thereafter |
540 | adopt a resolution describing the lands to be included within |
541 | the district and shall cause such resolution to be duly enrolled |
542 | in the record of the meeting and a certified copy of the |
543 | resolution to be recorded in the Office of the Clerk of the |
544 | Circuit Court of Walton County. |
545 | (3) Upon adoption of the resolution by the board, the |
546 | district shall, pursuant to chapter 191, Florida Statutes, |
547 | request that its legislative delegation approve said addition |
548 | and sponsor legislation amending the district boundary. Upon |
549 | approval by the Legislature, the boundary shall be amended. |
550 | (4) Lands within municipal boundaries of cities contiguous |
551 | to district boundaries may be included in the district upon |
552 | request by the governing board of the municipality, approval of |
553 | said request by affirmative vote of no fewer that three members |
554 | of the district board, and referendum approval of inclusion by |
555 | the electors of the municipality. The referendum shall be |
556 | conducted by the municipality at the next available special or |
557 | general election. |
558 | Section 19. Construction.--This act shall be construed as |
559 | remedial and shall be liberally construed to promote the purpose |
560 | for which it is intended. |
561 | Section 20. Effect.--In the event that any part of this |
562 | act should be held void for any reason, such holding shall not |
563 | affect any other part thereof. |
564 | Section 2. This act shall take effect upon becoming a law. |