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