HB 1413

1
A bill to be entitled
2An act relating to Argyle Fire District, Walton County;
3creating a special district; providing definitions;
4providing for creation, status, charter amendments,
5boundaries, and purposes; providing for a board of
6commissioners; providing for election and terms of
7commissioners; providing for employment of board
8personnel; providing for election of board officers;
9providing for compensation and bonds of commissioners;
10providing for powers, duties, and responsibilities of the
11board; preserving the authority to impose special
12assessments; providing for impact fees; providing
13legislative intent; providing for duties of the property
14appraiser; providing for special assessment as a lien;
15providing for deposit of such special assessments;
16providing for authority to disburse funds; authorizing the
17board to borrow money; providing for use of district
18funds; requiring a record of all board meetings;
19authorizing the board to adopt rules and regulations;
20providing for the board to make an annual budget;
21requiring an annual report; authorizing the board to enact
22fire prevention ordinances, appoint a district fire chief,
23acquire land, enter contracts, establish salaries, and
24establish and operate a fire rescue service; providing for
25dissolution; providing for district expansion; providing
26for construction and effect; providing an effective date.
27
28Be It Enacted by the Legislature of the State of Florida:
29
30     Section 1.  The Argyle Fire District in Walton County is
31hereby created and the charter for the district is created to
32read:
33     Section 1.  Definitions.--As used in the act, unless
34otherwise specified:
35     (1)  "District" means the Argyle Fire District.
36     (2)  "Board" means the board of commissioners created
37pursuant to this act and chapter 191, Florida Statutes.
38     (3)  "Board of directors" means the existing policymaking
39and governing body of the Argyle Fire District of Walton County.
40     (4)  "Commissioner" means a member of the board of
41commissioners of and for the district.
42     (5)  "Director" means a member of the board of directors.
43     (6)  "Residence" means one single-family dwelling,
44including one single-apartment dwelling unit; one single-
45condominium dwelling unit; one single duplex, triplex, or other
46attached dwelling unit; one single-family detached dwelling
47unit; or one single mobile or modular home dwelling unit.
48     (7)  "Business" means motels, apartments, or rental
49dwellings, along with other standard commercial or industrial
50businesses such as gasoline stations, stores, marinas, and
51similar establishments, as authorized pursuant to the applicable
52local government comprehensive plan, whether or not such
53businesses are required to pay or collect sales taxes.
54     Section 2.  Creation; status; charter amendments;
55boundaries; district purposes.--There is hereby created an
56independent special fire control district and rescue service
57district incorporating lands in Walton County described in
58subsection (1) which shall be a public corporation having the
59powers, duties, obligations, and immunities herein set forth
60under the name of the Argyle Fire District. The district is
61organized and exists for all purposes and shall hold all powers
62set forth in this act and chapters 189 and 191, Florida
63Statutes.
64     (1)  The lands to be included within the district are the
65following described lands in Walton County:
66Those portions in Township 2 North, Range 18 West
67which include, entire sections 1 through 24 inclusive.
68Sections 26 through 29 inclusive. Sections 33 through
6935 inclusive. And all of Sections 30 and 32 lying East
70of the center of Bruce Creek.
71Those portions within Township 2 North, Range 19 West
72which include, Sections 13 and 24 lying East of the
73center of Bruce Creek. Sections 1 and 2 lying outside
74of the present city limits of DeFuniak Springs.
75Those portions in Township 3 North, Range 18 West
76which include, Sections 4 though 9 inclusive. Sections
7716 through 21 inclusive. Sections 28 through 29
78inclusive. Sections 32 and 33 inclusive. Those
79portions of Sections 30 and 31 lying outside of the
80present city limits of DeFuniak Springs.
81Those portions in Township 3 North, Range 19 West
82which include, those parts of Sections 1 and 2 lying
83South of the centerline of County Road 1883 and
84Sunrise Road. The portion of Section 3 lying south of
85the centerline of Sunrise Road. The portion of Section
8610 lying North and Southeast of Lake Juniper. Entire
87Sections 11, 12, 13, 14 and 24. Those portions of
88Section 15 lying East of a line running North and
89South from the center of the Lake Juniper Dam and
90lying outside of the present city limits of DeFuniak
91Springs. The portion of Section 22 lying East of a
92line running North and South from the center of the
93Lake Juniper Dam and lying outside of the present city
94limits of DeFuniak Springs. Those portions of section
9523, 24, 25, and 36 lying North and or East of the
96present city limits of DeFuniak Springs.
97Those portions within Township 4 North, Range 18 West
98which include, those portions of Section 31, lying
99South of the centerline of Coy Ellis Road. Those parts
100of Sections 32 and 33 lying South of the centerline of
101County Road 183 North. The portion of Section 33 lying
102East of County Road 183A.
103The portion within Township 4 North, Range 19 West
104which includes, that part of Section 36 lying South
105and East of County Road 1883 and Coy Ellis Road.
106     (2)  The purpose of this act is to promote the general
107health, welfare, and safety of the citizens and residents of
108Walton County who reside within the geographical limits of the
109Argyle Fire District by providing for the financial support of
110the Argyle Fire District of Walton County, a not-for-profit
111corporation, which currently provides the district with fire
112protection services, facilities, and firefighting equipment; the
113establishment and maintenance of fire stations and fire
114substations; the acquisition and maintenance of all firefighting
115and protection equipment necessary for the prevention of fires
116or fighting of fires; the employment and training of such
117personnel as may be necessary to accomplish fire prevention and
118firefighting; the establishment and maintenance of emergency
119services; the acquisition and maintenance of rescue and other
120emergency equipment; and the employment and training of
121necessary emergency personnel. The district may provide
122emergency medical services. The district shall have all other
123powers necessary to carry out these purposes.
124     (3)  Nothing herein shall prevent the district from
125cooperating with the state or other local governments to render
126such services to communities adjacent to the land described in
127this section as evidenced by a signed aid agreement.
128     (4)  The district charter may be amended only by special
129act of the Legislature.
130     Section 3.  Board of commissioners.--
131     (1)  Pursuant to chapter 191, Florida Statutes, the
132business and affairs of the district shall be governed and
133administered by a board of five commissioners, who shall be
134qualified electors residing within the district and shall be
135elected by the qualified electors residing within the district
136at a general election, subject to the provisions of chapters 189
137and 191, Florida Statutes, and this act. Each commissioner shall
138hold office until his or her successor is elected and qualified
139under the provisions of this act. The procedures for conducting
140district elections and for qualification of candidates and
141electors shall be pursuant to chapters 189 and 191, Florida
142Statutes.
143     (2)  The five members of the initial board shall be elected
144by the qualified electors residing within the district. The
145three elected members for seats 1, 3, and 5 in the initial
146election under this act shall serve terms of 4 years each. The
147remaining two selected members for seats 2 and 4 in the initial
148election under this act shall serve terms of 2 years each.
149Subsequent elections under this act shall coincide with the
150general elections of this state. The members of the board shall
151serve on a nonpartisan basis for a term of 4 years each.
152     (3)  Vacancies in office shall be filled by special
153election, said election to be held coincidental with the next
154countywide general or special election. The board may appoint a
155qualified elector of the district to act as commissioner until
156the vacancy is filled by election. A commissioner must be a
157qualified elector residing within the district. A commissioner
158may be removed from office for any reason that a state or county
159officer may be removed.
160     (4)  All elections shall be noticed, called, and held
161pursuant to the provisions of the general laws of the state,
162except as otherwise provided herein. The board shall, to the
163extent possible, coordinate all elections with countywide
164general or special elections in order to minimize costs.
165Elections shall be called through the adoption of an appropriate
166resolution of the district directed to the Board of County
167Commissioners of Walton County, the Supervisor of Elections of
168Walton County, and other appropriate officers of the county. The
169district shall reimburse county government for the actual cost
170of district elections. No commissioner shall be a paid employee
171of the district while holding said position. This shall not
172prevent volunteers from receiving reimbursement for expenses
173from serving as commissioners.
174     (5)  The board may employ such personnel as deemed
175necessary for the proper function and operation of a fire
176district. The salaries of fire department and emergency service
177personnel and any other wages shall be determined by the board.
178     Section 4.  Officers; board compensation; bond.--
179     (1)  In accordance with chapter 191, Florida Statutes, each
180elected member of the board shall assume office 10 days
181following the member's election. Annually, within 60 days after
182election of new members of said board, the members shall
183organize by electing from their number a chair, vice chair,
184secretary, and treasurer. However, the same member may be both
185secretary and treasurer, in accordance with chapter 191, Florida
186Statutes.
187     (2)  The commissioners may receive reimbursement for actual
188expenses incurred while performing the duties of their offices
189in accordance with general law governing per diem for public
190officials. Commissioners may receive compensation for their
191services in accordance with chapter 191, Florida Statutes.
192     (3)  Each commissioner, upon taking office and in
193accordance with chapters 189 and 191, Florida Statutes, shall
194execute to the Governor, for the benefit of the district, a bond
195of $5,000 with a qualified personal or corporate surety,
196conditioned upon the faithful performance of the duties of the
197commissioner's office and upon an accounting for all funds which
198come into his or her hands as commissioner; however, the
199treasurer shall furnish a bond of $10,000, which may be in lieu
200of the $5,000 bond. The premium of such bonds shall be paid from
201district funds.
202     Section 5.  Powers; duties; responsibilities.--
203     (1)  The district shall have and the board may exercise by
204majority vote all the powers and duties set forth in this act
205and chapters 189, 191, and 197, Florida Statutes, including, but
206not limited to, powers related to special assessments, other
207revenue-raising capabilities, budget preparation and approval,
208liens and foreclosure of liens, use of tax deeds and tax
209certificates as appropriate from non-ad valorem assessments,
210contractual agreements, and adoption of ordinances and
211resolutions that are necessary to conduct district business if
212such ordinances do not conflict with any ordinance of a local
213general purpose government within whose jurisdiction the
214district is located.
215     (2)  The board shall continue to have the right, power, and
216authority to levy annually special assessment against the
217taxable property within the district to provide funds for the
218purposes of the district, in an amount not to exceed the limit
219provided in chapter 191, Florida Statutes.
220     (3)  The methods for assessing and collecting special
221assessments, fees, or service charges shall be as set forth in
222this act and chapters 170, 189, 191, and 197, Florida Statutes.
223     (4)  The district shall impose and collect special
224assessments in accordance with chapter 200, Florida Statutes.
225     (5)  The district is authorized to impose and enforce
226special assessments in accordance with chapters 170, 189, 191,
227and 197, Florida Statutes.
228     (6)  The district's planning requirements shall be as set
229forth in this act and chapters 189 and 191, Florida Statutes.
230     (7)  Requirements for financial disclosure, meeting
231notices, reporting, public records maintenance, and per diem
232expenses for officers and employees shall be as set forth in
233this act and chapters 112, 119, 189, 191, and 286, Florida
234Statutes.
235     Section 6.  Impact fees.--
236     (1)  Pursuant to section 191.009(4), Florida Statutes, it
237is hereby declared that the cost of new facilities borne by fire
238protection and emergency services should be borne by new users
239of the district's services to the extent new construction
240requires new facilities, but only to that extent. It is the
241legislative intent of this section to transfer to the new users
242of the district's fire protection and emergency services a fair
243share of the costs that new users impose on the district for new
244facilities. This shall only apply in the event that the general-
245purpose local government in which the district is located has
246not adopted an impact fee for fire services which is distributed
247to the district for construction within its jurisdictional
248boundaries.
249     (2)  The impact fees collected by the district pursuant to
250this section shall be kept as a separate fund from other
251revenues of the district and shall be used exclusively for the
252acquisition, purchase, or construction of new facilities or
253portions thereof required to provide fire protection and
254emergency services to new construction. "New facilities" means
255land, buildings, and capital equipment, including, but not
256limited to, fire and emergency vehicles and radio telemetry
257equipment. The fees shall not be used for the acquisition,
258purchase, or construction of facilities which must be obtained
259in any event, regardless of growth within the district. The
260board of fire commissioners shall maintain adequate records to
261ensure that impact fees are expended only for permissible new
262facilities.
263     Section 7.  Special assessments.--
264     (1)  The board shall have the right, power, and authority
265to impose special assessments against the real property that is
266not otherwise exempt or immune within the district to provide
267funds for the purpose of the district.
268     (2)(a)  For each residential dwelling or mobile home
269situated on any parcel of land within said district, the charge
270shall be $25 annually. It is expressly understood that mobile
271home parks or multiunit dwellings are not included in this
272category and shall be included in paragraph (b).
273     (b)  For each mobile home park, apartment building, motel,
274hotel, condominium, townhouse, or other multifamily residence,
275the charge shall not exceed:
276     1.  2 to 4 units or lots, $25 each annually.
277     2.  5 to 10 units or lots, $20 each annually.
278     3.  11 to 25 units or lots, $18 each annually.
279     4.  Over 25 units or lots, $15 each annually.
280     (c)  For each commercial establishment or business, the
281charge shall not exceed the following rates:
282     1.  Up to 5,000 square feet of floor space: $50 annually.
283     2.  Over 5,000 square feet of floor space: $100 annually.
284
285The existence of a commercial establishment or business shall be
286evidenced by the presence of advertising signs, by tax roll
287classification, or by custom. Business enterprises wholly
288contained within a residential unit shall not be included in
289this category and shall be included under paragraph (a).
290Multifamily residential units and mobile home parks shall be
291included under paragraph (b).
292     (d)  No assessment shall be levied for any parcel of
293agricultural, timber, unimproved residential, or other
294unimproved property. Adjoining parcels owned by an individual
295taxpayer will be treated as one parcel for assessment purposes,
296even though they may be shown as separate items on the county
297tax roll.
298     (e)  No assessment shall be levied against churches,
299schools, governmental property, or property owned by other
300nonprofit charitable organizations.
301     (f)  Any increase in the special assessment must be
302approved by a majority of the electors within the Argyle Fire
303District.
304     (3)  It is the legislative intent that this act shall
305authorize the Walton County Property Appraiser and the Walton
306County Tax Collector to take all appropriate action to comply
307with the intent of the purpose of this act.
308     (4)  It is also the legislative intent that the board of
309commissioners shall be a vehicle to provide funding to
310accomplish the purpose set out in this act.
311     Section 8.  Property appraiser.--
312     (1)  The Walton County Property Appraiser shall furnish the
313commissioners a tax roll covering all taxable properties within
314the district on or before July 1 of each year.
315     (2)  The Walton County Property Appraiser shall include in
316the Walton County tax roll the assessments made by the board,
317and the same shall be collected in the manner as provided for by
318this act and paid over by the Walton County Tax Collector to the
319board.
320     (3)  The Walton County Property Appraiser shall be
321reimbursed for assessing such special assessments in the manner
322and amount authorized by general law, and the Walton County Tax
323Collector shall receive a commission or fee of 1 percent for
324collection of such special assessments.
325     Section 9.  Special assessment as a lien.--The special
326assessment levied and assessed by the district shall be a lien
327upon the property so assessed along with the county taxes
328assessed against such property until said assessment and taxes
329have been paid, and if the special assessment levied by the
330district becomes delinquent, such special assessment shall be
331considered a part of the county tax subject to the same
332penalties, charges, fees, and remedies for enforcement and
333collection of such taxes.
334     Section 10.  Deposit of special assessments; fees;
335authority to disburse funds.--
336     (1)  The proceeds of the assessments and funds of the
337district shall be deposited in qualified public depositories in
338accordance with chapters 191 and 280, Florida Statutes, in the
339name of the district in a bank authorized to receive deposits of
340district funds. The bank shall be designated by a resolution of
341the board.
342     (2)  All warrants for the payment of labor, equipment, and
343other expenses of the board, and in carrying into effect this
344act and the purpose thereof, shall be payable by the treasurer
345of the board on accounts and vouchers approved and authorized by
346two board members. No funds of the district shall be paid out or
347disbursed except by check signed by two board members.
348     Section 11.  Authority to borrow money.--
349     (1)  The board of commissioners shall have the power and
350authority to borrow money or issue other evidences of
351indebtedness for the purpose of the district in accordance with
352chapters 189 and 191, Florida Statutes, provided, however, that
353the total payments in any one year, including principal and
354interest, on any indebtedness incurred by the district shall not
355exceed 50 percent of the total estimated annual budgeted
356revenues of the district.
357     (2)  The board of commissioners, board of directors as a
358body, or any of the members of either board as individuals shall
359not be personally or individually liable for the repayment of
360such loan. Such repayment shall be made out of the special
361assessment receipts of the district, except as provided in this
362subsection. The commissioners shall not create any indebtedness
363or incur obligations for any sum or amount which they are unable
364to repay out of district funds available to them at that time,
365except as otherwise provided in this act, provided, however,
366that the commissioners may make purchases of equipment on an
367installment basis as necessary if funds are available for the
368payment of the current year's installment on such equipment plus
369the amount due in that year of any of the installments and the
370repayment of any bank loan or other existing indebtedness which
371may be due that year.
372     Section 12.  Use of district funds.--No funds of the
373district shall be used for any purposes other than the
374administration of the affairs and business of the district; the
375construction, care, maintenance, upkeep, operation, and purchase
376of firefighting and rescue equipment or fire station; the
377payment of public utilities; and the payment of salaries of
378district personnel as the board may from time to time determine
379to be necessary for the operations and effectiveness of the
380district.
381     Section 13.  Record of board meetings; authority to adopt
382rules and regulations; annual reports; budget.--
383     (1)  A record shall be kept of all meetings of the board,
384and in such meetings concurrence of a majority of the
385commissioners present shall be necessary to any affirmative
386action by the board.
387     (2)  The board shall have the authority to adopt and amend
388rules and regulations for the administration of the affairs of
389the district under the terms of this act and chapters 189 and
390191, Florida Statutes, which shall include, but not be limited
391to, the authority to adopt the necessary rules and regulations
392for the administration and supervision of the property and
393personnel of the district; for the prevention of fires, fire
394control, fire hydrant placement, and flow testing in accordance
395with current NFPA rules; and for rescue work within the
396district. Said commissioners shall have all the lawful power and
397the authority necessary to carry out the purposes of said fire
398district; to purchase all necessary real and personal property;
399to purchase and carry standard insurance policies on all such
400equipment; to employ such personnel as may be necessary to carry
401out the purpose of said fire district; to provide adequate
402insurance for said employees; to purchase and carry appropriate
403insurance for the protection of all firefighters and personnel
404as well as all equipment and personal property on loan to the
405district; to sell surplus real and personal property in the same
406manner and subject to the same restrictions as provided for such
407sales by counties; to enter into contracts with qualified
408service providers, the Argyle Fire District of Walton County,
409other fire departments, municipalities, and state and federal
410governmental units for the purpose of obtaining financial aid;
411and for otherwise carrying out the purposes of the district. The
412commissioners shall adopt a fiscal year for said fire district,
413which shall be October 1 to September 30.
414     (3)  Any policies, rules, and regulations promulgated and
415made by the board shall have the force and effect of law after
416copies thereof, signed by the secretary and chair or vice chair,
417shall have been posted in three public places within the
418district in conspicuous locations and advertised by title once a
419week for 2 consecutive weeks in a newspaper of general paid
420circulation in the district.
421     (4)  The board shall, on or before November 1, make an
422annual report of its actions and accounting of its funds as of
423September of that year, and shall file said report in the office
424of the Clerk of the Circuit Court of Walton County, whose duty
425it shall be to receive and file said report and hold and keep
426the same as a public record.
427     (5)  For the purposes of carrying into effect this act, the
428board shall annually prepare, consider, and adopt a district
429budget pursuant to the applicable requirements of chapters 189
430and 191, Florida Statutes. The board shall, at the same time as
431it makes its annual report, file its estimated budget for the
432fiscal year beginning October 1, which budget shall show the
433estimated revenue to be received by the district and the
434estimated expenditures to be incurred by the district in
435carrying out its operations.
436     Section 14.  Authority to enact fire prevention ordinances;
437appoint or employ a fire chief; acquire land; enter contracts;
438establish salaries; general and special powers; authority to
439provide emergency medical and rescue services.--
440     (1)  The board of commissioners shall have the right and
441power to enact fire prevention ordinances in the same manner
442provided for the adoption of policies and regulations in
443subsection (2) of section 13, and when the provisions of such
444fire prevention ordinances are determined by the board to be
445violated, the office of the state attorney, upon written notice
446of such violation issued by the board, is authorized to
447prosecute such person or persons held to be in violation
448thereof. Any person found guilty of a violation may be punished
449as provided in chapter 775, Florida Statutes, as a misdemeanor
450of the second degree. The cost of such prosecution shall be paid
451out of the district funds, unless otherwise provided by law.
452     (2)  The board shall have the power to appoint or employ a
453fire chief, who shall be a person experienced in all types of
454firefighting and fire prevention and who shall work with and
455cooperate with the Fire Marshal in which the district is
456situated in the prevention of fires of all types. The district
457fire chief shall be authorized to enter, at all reasonable
458hours, any building or premises for the purpose of making any
459inspection or investigation which the State Fire Marshal is
460authorized to make pursuant to state law and regulation. The
461owner, lessee, manager, or operator of any building or premises
462shall permit the district fire chief to enter and inspect the
463building or premises at all reasonable hours. The district fire
464chief shall report any violations of state fire safety laws or
465regulations to the appropriate officials.
466     (3)  The board shall have the power to acquire, by gift or
467purchase, lands or rights in lands, and any other property, real
468and personal, tangible or intangible, necessary, desirable, or
469convenient for carrying out the purposes of the district, and to
470pay any and all costs of same out of the funds of the district,
471provided that prior to the acquisition of the location of a fire
472station site, an appropriate investigation shall be conducted
473which shall include, but not be limited to, obtaining the staff
474recommendation of the Walton County Planning Department.
475     (4)  The board shall have the power to enter into contracts
476or to otherwise join with the Argyle Fire District of Walton
477County, or to otherwise join with any other district, city, or
478town, the United States of America, or any agency or authority
479thereunder, for the purpose of expanding services, providing
480effective aid, and accomplishing and carrying out the purposes
481for which the district was created and for the further purpose
482of specifically obtaining financial aid, assistance, or subsidy.
483     (5)  The salaries of fire department personnel and any
484other wages shall be determined by the board.
485     (6)  The district is authorized to establish and maintain
486emergency medical and rescue response services and acquire and
487maintain rescue, medical, and other emergency equipment, subject
488to the provisions of chapter 401, Florida Statutes.
489     Section 15.  Annexations.--If any municipality or other
490fire control district annexes any land included in the district,
491such annexation shall follow the procedures set forth in section
492171.093, Florida Statutes.
493     Section 16.  Dissolution.--The district shall exist until
494dissolved in the same manner as it was created. If the Argyle
495Fire District of Walton County is dissolved or ceases to exist
496for any reason, or if the board determines that the Argyle Fire
497District of Walton County is unable to carry out its objectives
498as stated or the objectives of the district as stated in
499subsection (2) of section 2, or the district's published
500policies, the board shall in its discretion make arrangements
501for other means of providing fire protection and rescue
502services.
503     Section 17.  District expansion.--
504     (1)  The district boundaries may be extended from time to
505time as follows:
506     (a)  Land contiguous to the boundaries of the district in
507unincorporated Walton County may be included in the district
508when a petition for inclusion signed and sworn to by a majority
509of the owners of the real property within the tract or tracts to
510be included in the district has been presented to the board of
511commissioners and the proposal has been approved by the
512affirmative vote of no fewer than three members of the board of
513commissioners at a regular meeting.
514     (b)  The petition must contain the legal description of the
515property sought to be added to the district and the names and
516addresses of the owners of the property.
517     (2)  If a proposal to add an area to the district as
518defined in subsection (1) is approved by the affirmative vote of
519no fewer than three members of the board of commissioners at a
520regular meeting, the board of commissioners shall thereafter
521adopt a resolution describing the lands to be included within
522the district and shall cause such resolution to be duly enrolled
523in the record of the meeting and a certified copy of the
524resolution to be recorded in the Office of the Clerk of the
525Circuit Court of Walton County.
526     (3)  Upon adoption of the resolution by the board, the
527district shall, pursuant to chapter 191, Florida Statutes,
528request that its legislative delegation approve said addition
529and sponsor legislation amending the district boundary. Upon
530approval by the Legislature, the boundary shall be amended.
531     Section 18.  Construction.--This act shall be construed as
532remedial and shall be liberally construed to promote the purpose
533for which it is intended.
534     Section 19.  Effect.--In the event that any part of this
535act should be held void for any reason, such holding shall not
536affect any other part thereof.
537     Section 2.  This act shall take effect upon becoming a law.


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