HB 1099

1
A bill to be entitled
2An act relating to the Blackman Fire District, Inc.,
3Okaloosa County; re-creating and providing a charter for
4the district; providing district boundaries; providing
5purposes; providing definitions; providing for the
6election of a district board of commissioners; providing
7for terms of office; providing for officers and meetings
8of the board; providing for commissioners' compensation
9and expenses; requiring a bond; providing for records;
10providing general and special powers of the district;
11exempting district assets and property from taxation;
12providing requirements and procedures for the levy of ad
13valorem taxes, non-ad valorem assessments, user charges,
14and impact fees; providing for a referendum; providing for
15enforcement; providing for requirements and procedures for
16issuance of bonds; providing for expansion and merger of
17the district boundaries; providing severability; providing
18an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  This act constitutes the codification of all
23ordinances relating to the Blackman Fire District, Inc. It is
24the intent of the Legislature in enacting this act to provide a
25single, comprehensive special act charter for the district,
26including all current legislative enactments and any additional
27authority granted by this act.
28     Section 2.  The Blackman Fire District, Inc., is re-created
29and reenacted to read:
30     Section 1.  Creation; intent.--The Blackman Fire District,
31Inc., is created as an independent fire control district which
32shall operate pursuant to this special act and the provisions of
33chapter 191, Florida Statutes, the Independent Special Fire
34Control District Act, and all other general laws, whether
35referenced herein or not, which are applicable to independent
36special districts.
37     Section 2.  Creation; boundaries.--
38     (1)  All of the following lands in Okaloosa County shall be
39incorporated as an independent special fire control district,
40which shall be a public municipal corporation for the public
41benefit, with perpetual existence, to be known as the Blackman
42Fire District, Inc., in which name it may sue and be sued and
43lease, own, possess, and convey real and personal property, by
44purchase or gift or otherwise, to carry out the purposes of this
45act. The lands so incorporated shall include the following:
46
47Begin at the Okaloosa/Santa Rosa County line
48approximately eight an one-half (8.5) miles south of
49the Alabama State line to intersect Melvin Holley Rd,
50thence run east along the north right-of-way of Melvin
51Holley Rd to intersect Beaver Creek Rd, thence run
52north along the west right-of-way to Beaver Creek Rd
53to intersect Peaden Bridge Rd, thence meander east
54along the north right-of-way of Peaden Bridge Rd to
55intersect J. Riley Barnhill Rd, thence run southeast
56along the north right-of-way of J. Riley Barnhill Rd
57to intersect Sherman Kennedy Rd. Continue to meander
58southeast on the east right-of-way of J. Riley
59Barnhill Rd to intersect Narrows Creek, thence meander
60northeast and then southeast along Narrows Creek to
61intersect Highway 189, thence run north along the east
62right-of-way of Highway 189 to intersect Shockley
63Springs Rd, thence run east along the south right-of-
64way of Shockley Springs Rd to intersect Lee Cook Rd,
65thence run southeast along the east right-of-way of
66Lee Cook Rd to again intersect Shockley Springs Rd, to
67intersect Old River Rd at Bear Branch, thence run
68southeast along the east right-of-way of Old River Rd
69to intersect Bear Branch, thence meander east along
70Bear Branch to intersect the Yellow River, thence run
71north along the Yellow River to the Alabama State
72line/Okaloosa County line, thence run west along said
73state/county line approximately fourteen and three
74quarters (14 3/4) miles to the Santa Rosa/Okaloosa
75County line, thence run south along said county line
76approximately eight and one-half (8.5) miles to the
77point of beginning.
78
79     (2)  Any lands within a municipality included in the
80boundaries of the district as described herein shall be excluded
81from the district and its jurisdiction. If any area, tract, or
82parcel of land within the boundaries of the district shall
83hereafter become annexed to a municipality, such area, tract, or
84parcel of land shall be excluded from the district effective the
85next January 1 following such annexation by a municipality.
86Nothing contained in this act shall preclude any municipality
87from annexing lands to the territorial limits of the
88municipality even if such land is included within the district.
89     (3)  Should any part of the territory covered in this act
90be held not to be included herein, then this act shall continue
91in effect as to the balance of the territory.
92     Section 3.  Intent.--The purposes of this act are to:
93     (1)  Comply with chapter 97-256, Laws of Florida, which
94calls for the codification of charters of all independent
95special fire control districts as defined in section 191.003,
96Florida Statutes, which were created by special law or general
97law of local application.
98     (2)  Provide standards, direction, and procedures
99concerning the operation and governance of the special fire
100control district known as the Blackman Fire District, Inc.
101     (3)  Provide greater uniformity between the Blackman Fire
102District, Inc., and other independent special fire control
103districts.
104     (4)  Provide greater uniformity in the financing authority
105of the Blackman Fire District, Inc., without hampering the
106efficiency and effectiveness of current authorized and
107implemented methods and procedures of raising revenues.
108     (5)  Improve communication and coordination between the
109Blackman Fire District, Inc., and other local governments with
110respect to short-range and long-range planning to meet the
111demands for service delivery while maintaining fiscal
112responsibility.
113     (6)  Provide uniform procedures for electing members of the
114governing board of the Blackman Fire District, Inc., to ensure
115greater accountability to the public.
116     Section 4.  Definitions.--
117     (1)  "Board" means the governing board of the Blackman Fire
118District, Inc.
119     (2)  "District" means the Blackman Fire District, Inc., an
120independent special fire control district as defined in section
121191.003, Florida Statutes.
122     (3)  "Elector" means a person who is a resident of the
123Blackman Fire District, Inc., and is qualified to vote in a
124general election within Okaloosa County.
125     (4)  "Emergency medical service" means basic and advanced
126life support service as defined in section 401.23, Florida
127Statutes.
128     (5)  "Rescue response service" means an initial response to
129an emergency or accident situation, including, but not limited
130to, a plane crash, a trench or building collapse, a swimming or
131boating accident, or a motor vehicle accident.
132     Section 5.  District board of commissioners; membership,
133terms of office, officers, and meetings.--
134     (1)(a)  The business affairs of the district shall be
135conducted and administered by a five-member board. The board
136shall be elected in nonpartisan elections by the electors of the
137district. Except as provided in this act, such elections shall
138be held at a time and in a manner prescribed by law for holding
139general elections in accordance with section 189.405, Florida
140Statutes, and each member shall be elected for a term of 4 years
141and serve until the member's successor assumes office.
142Candidates for the board of the district shall qualify with the
143Okaloosa County Supervisor of Elections. All candidates may
144qualify by paying a filing fee of at least $25 or by obtaining
145the signatures of at least 25 registered electors of the
146district on petition forms provided by the Supervisor of
147Elections, which petitions shall be submitted and checked in the
148same manner as petitions filed by nonpartisan judicial
149candidates pursuant to section 105.035, Florida Statutes.
150     (b)  The members of the board shall be elected by the
151electors of the district in the manner provided in this section.
152The office of each member of the board is designated as being a
153seat on the board, distinguished from each of the other seats by
154a numeral: 1, 2, 3, 4, or 5. The numerical seat designation does
155not designate a geographical subdistrict. Each candidate for a
156seat on the board shall designate, at the time the candidate
157qualifies, the seat on the board for which the candidate is
158qualifying. The name of each candidate who qualifies for
159election to a seat on the board shall be included on the ballot
160in a way that clearly indicates the seat for which the candidate
161is a candidate. The candidate for each seat who receives the
162most votes cast for a candidate for the seat shall be elected to
163the board.
164     (2)  Each member of the board must be a qualified elector
165at the time he or she qualifies and continually throughout his
166or her term.
167     (3)  Each elected member of the board shall assume office
16810 days following the member's election. Annually, within 60
169days after the newly elected members have taken office, the
170board shall organize by electing from its members a chair, a
171vice chair, a secretary, and a treasurer. The positions of
172secretary and treasurer may be held by one member. Funds of the
173district may be disbursed only upon the order or pursuant to
174resolution of the board. However, a petty cash account may be
175authorized by the board. The board may give the treasurer
176additional powers and duties that it deems appropriate.
177     (4)  Members of the board may each be paid a salary or
178honorarium to be determined by at least a majority plus one vote
179of the board, which salary or honorarium may not exceed $500 per
180month for each member. Special notice of any meeting at which
181the board will consider a salary change for a board member shall
182be published at least once, at least 14 days prior to the
183meeting, in a newspaper of general circulation in Okaloosa
184County. Separate compensation for the board member serving as
185treasurer may be authorized by like vote so long as total
186compensation for the board member does not exceed $500 per
187month. Members may be reimbursed for travel and per diem
188expenses as provided in section 112.061, Florida Statutes.
189     (5)  If a vacancy occurs on the board due to the
190resignation, death, or removal of a board member or the failure
191of anyone to qualify for a board seat, the remaining members may
192appoint a qualified person to fill the seat until the next
193general election, at which time an election shall be held to
194fill the vacancy for the remaining term, if any. The board shall
195remove any member who has three consecutive unexcused absences
196from regularly scheduled meetings. The board shall adopt a
197resolution defining excused and unexcused absences.
198     (6)  Each member shall, upon assuming office, take and
199subscribe to the oath of office prescribed by s. 5(b), Art. II
200of the State Constitution and section 876.05, Florida Statutes.
201Each member, within 30 days after assuming office, must give the
202Governor a good and sufficient surety bond in the sum of $5,000,
203the cost thereof being borne by the district, conditioned on the
204member's faithful performance of his or her duties of office.
205     (7)  The board shall keep a permanent record book entitled
206"Record of Proceedings of the Blackman Fire District, Inc.," in
207which the minutes of all meetings, resolutions, proceedings,
208certificates, bonds given by commissioners, and corporate acts
209shall be recorded. The record book shall be open to inspection
210in the same manner as state, county, and municipal records are
211open under chapter 119, Florida Statutes, and s. 24, Art. I of
212the State Constitution. The record book shall be kept at the
213office or other regular place of business maintained by the
214board for the district.
215     (8)  All meetings of the board shall be open to the public,
216consistent with chapter 286, Florida Statutes, section 189.417,
217Florida Statutes, and other applicable general laws.
218     (9)  The officers of the board of commissioners shall have
219the duties usually pertaining to like officers. A record shall
220be kept of all meetings of the board in a manner consistent with
221subsection (7), and in such meetings concurrence of a majority
222of the commissioners shall be necessary to any affirmative
223action by the board.
224     (10)  The books and records of the district shall be
225audited at least annually, at the expense of the district, as
226outlined in section 11.45, Florida Statutes.
227     Section 6.  General powers.--The district shall have, and
228the board may exercise by majority vote, the following powers:
229     (1)  To sue and be sued in the name of the district, to
230adopt and use a seal and authorize the use of a facsimile
231thereof, and to make and execute contracts and other instruments
232necessary or convenient to the exercise of its powers.
233     (2)  To provide for a pension or retirement plan for its
234employees. Notwithstanding the prohibition against extra
235compensation as provided in section 215.425, Florida Statutes,
236the board may provide for an extra compensation program,
237including a lump-sum bonus payment program, to reward
238outstanding employees whose performance exceeds standards, if
239the program provides that a bonus payment may not be included in
240an employee's regular base rate of pay and may not be carried
241forward in subsequent years.
242     (3)  To contract for the services of consultants to perform
243planning, engineering, legal, or other professional services.
244     (4)  To borrow money and accept gifts, to apply for and use
245grants or loans of money or other property from the United
246States, the state, a unit of local government, or any person for
247any district purposes and enter into agreements required in
248connection therewith, and to hold, use, sell, and dispose of
249such moneys or property for any district purpose in accordance
250with the terms of the gift, grant, loan, or agreement relating
251thereto.
252     (5)  To adopt resolutions and procedures prescribing the
253powers, duties, and functions of the officers of the district,
254the conduct of the business of the district, the maintenance of
255records, and the form of other documents and records of the
256district. The board may also adopt ordinances and resolutions
257that are necessary to conduct district business if such
258ordinances do not conflict with any ordinances of a local
259general purpose government within whose jurisdiction the
260district is located. Any resolution or ordinance adopted by the
261board and approved by referendum vote of district electors may
262only be repealed by referendum vote of district electors.
263     (6)  To maintain an office at places it designates within a
264county or municipality in which the district is located and
265appoint an agent of record.
266     (7)  To acquire, by purchase, lease, gift, dedication,
267devise, or otherwise, real and personal property or any estate
268therein for any purpose authorized by this act and to trade,
269sell, or otherwise dispose of surplus real or personal property.
270The board may purchase equipment by an installment sales
271contract if funds are available to pay the current year's
272installments on the equipment and to pay the amounts due that
273year on all other installments and indebtedness.
274     (8)  To hold, control, and acquire by donation or purchase
275any public easement, dedication to public use, platted
276reservation for public purposes, or reservation for those
277purposes authorized by this act and to use such easement,
278dedication, or reservation for any purpose authorized by this
279act consistent with applicable adopted local government
280comprehensive plans and land development regulations.
281     (9)  To lease as lessor or lessee to or from any person,
282firm, corporation, association, or body, public or private, any
283facility or property of any nature for the use of the district
284when necessary to carry out the district's duties and authority
285under this act.
286     (10)  To borrow money and issue bonds, revenue anticipation
287notes, or certificates payable from and secured by a pledge of
288funds, revenues, taxes and assessments, warrants, notes, or
289other evidence of indebtedness, and to mortgage real and
290personal property when necessary to carry out the district's
291duties and authority under this act.
292     (11)  To charge user and impact fees authorized by
293resolution of the board, in amounts necessary to conduct
294district activities and services, and to enforce their receipt
295and collection in the manner prescribed by resolution and
296authorized by law. However, the imposition of impact fees may
297only be authorized as provided by subsection (4) of section 9.
298     (12)  To exercise the right and power of eminent domain,
299pursuant to chapter 73 or chapter 74, Florida Statutes, over any
300property within the district, except municipal, county, state,
301special district, or federal property used for a public purpose,
302for the uses and purposes of the district relating solely to the
303establishment and maintenance of fire stations and fire
304substations, specifically including the power to take easements
305that serve such facilities consistent with applicable adopted
306local government comprehensive plans and land development
307regulations.
308     (13)  To cooperate or contract with other persons or
309entities, including other governmental agencies, as necessary,
310convenient, incidental, or proper in connection with providing
311effective mutual aid and furthering any power, duty, or purpose
312authorized by this act.
313     (14)  To assess and impose upon real property in the
314district ad valorem taxes and non-ad valorem assessments as
315authorized by this act.
316     (15)  To impose and foreclose non-ad valorem assessment
317liens as provided by this act or to impose, collect, and enforce
318non-ad valorem assessments pursuant to chapter 197, Florida
319Statutes.
320     (16)  To select as a depository for its funds any qualified
321public depository as defined in section 280.02, Florida
322Statutes, which meets all the requirements of chapter 280,
323Florida Statutes, and has been designated by the State Treasurer
324as a qualified public depository, upon such terms and conditions
325as to the payment of interest upon the funds deposited as the
326board deems just and reasonable.
327     (17)  To provide adequate insurance on all real and
328personal property, equipment, employees, volunteer firefighters,
329and other personnel.
330     (18)  To organize, participate in, and contribute
331monetarily to organizations or associations relating to the
332delivery of or improvement of fire control, fire prevention, and
333emergency rescue services, or district administration.
334     (19)  To promulgate and enforce reasonable fire regulations
335by resolution.
336     Section 7.  Exemption from taxation.--Since the exercise of
337the powers conferred by this act constitutes action by a
338political subdivision performing essential public functions and
339since the property of each district constitutes public property
340used for public purposes, all assets and properties of the
341district, including property acquired through the foreclosure of
342any tax or assessment lien, are exempt from all taxes imposed by
343the state or any political subdivision, agency, or
344instrumentality of the state.
345     Section 8.  Special powers.--The Blackman Fire District,
346Inc., shall provide for fire suppression and prevention by
347establishing and maintaining fire stations and fire substations
348and acquiring and maintaining such firefighting and fire
349protection equipment deemed necessary to prevent or fight fires.
350All construction shall be in compliance with applicable state,
351regional, and local regulations, including adopted comprehensive
352plans and land development regulations. The board shall have and
353may exercise any or all of the following special powers relating
354to facilities and duties authorized by this act:
355     (1)  Establish and maintain emergency medical and rescue
356response services and acquire and maintain rescue, medical, and
357other emergency equipment, pursuant to the provisions of chapter
358401, Florida Statutes, and any certificate of public convenience
359and necessity or its equivalent issued hereunder.
360     (2)  Employ, train, and equip such personnel, and train,
361coordinate, and equip such volunteer firefighters, as are
362necessary to accomplish the duties of the district. The board
363may employ and fix the compensation of a fire chief or chief
364administrator. The board shall prescribe the duties of such
365person, which shall include supervision and management of the
366operations of the district and its employees and maintenance and
367operation of its facilities and equipment. The fire chief or
368chief administrator may employ or terminate the employment of
369such other persons, including, without limitation, professional,
370supervisory, administrative, maintenance, and clerical
371employees, as are necessary and authorized by the board. The
372compensation and other conditions of employment of the officers
373and employees of the district shall be provided by the board.
374     (3)  Conduct public education to promote awareness of
375methods to prevent fires and reduce the loss of life and
376property from fires or other public safety concerns.
377     (4)  Adopt and enforce fire safety standards and codes and
378enforce the rules of the State Fire Marshal consistent with the
379exercise of the duties authorized by chapter 553 or chapter 633,
380Florida Statutes, with respect to fire suppression and
381prevention and fire safety code enforcement.
382     (5)  Conduct arson investigations and cause-and-origin
383investigations.
384     (6)  Adopt hazardous material safety plans and emergency
385response plans in coordination with the county emergency
386management agency as provided in chapter 252, Florida Statutes.
387     (7)  Contract with general purpose local government for
388emergency management planning and services.
389     Section 9.  Taxes, non-ad valorem assessments; impact fees
390and user charges.--
391     (1)  AD VALOREM TAXES.--The elected board of commissioners
392may levy and assess ad valorem taxes on all taxable property in
393the district to construct, operate, and maintain district
394facilities and services, to pay the principal of, and interest
395on, general obligation bonds of the district, and to provide for
396any sinking or other funds established in connection with such
397bonds. An ad valorem tax levied by the board for operating
398purposes, exclusive of debt service on bonds, may not exceed
3993.75 mills. The levy of ad valorem taxes pursuant to this
400section must be approved by referendum. Nothing in this act
401shall require a referendum on the levy of ad valorem taxes in
402the amount as previously authorized by special act, general law
403of local application, or county ordinance approved by
404referendum. Such tax shall be assessed, levied, and collected in
405the same manner as county taxes. The levy of ad valorem taxes
406approved by referendum shall be reported within 60 days after
407the vote to the Department of Community Affairs.
408     (2)  NON-AD VALOREM ASSESSMENTS.--The elected board of
409commissioners may levy non-ad valorem assessments to provide
410funds for the purposes of the district. The rate of such
411assessments must be fixed by resolution of the board pursuant to
412the procedures contained in section 10. Non-ad valorem
413assessment rates set by the board may exceed the maximum rates
414established by this or any prior special act, any county
415ordinance, the previous year's resolution, or a referendum in an
416amount not to exceed the average annual growth rate in Florida
417personal income over the previous 5 years. Non-ad valorem
418assessment rate increases within the personal income threshold
419are deemed to be within the maximum rate authorized by law at
420the time of initial imposition. Proposed non-ad valorem
421assessment increases which exceed the rate set the previous
422fiscal year or the rate previously set by special act or county
423ordinance, whichever is more recent, by more than the average
424annual growth rate in Florida personal income over the last 5
425years, must be approved by referendum of the electors of the
426district. Non-ad valorem assessments shall be imposed,
427collected, and enforced pursuant to section 10.
428     (3)  USER CHARGES.--
429     (a)  The board may provide a reasonable schedule of charges
430for special emergency services, including fighting fires
431occurring in or to structures outside the district, motor
432vehicles, marine vessels, aircraft, or rail cars, or as a result
433of the operation of such motor vehicles or marine vessels, to
434which the district is called to render such emergency service,
435and may charge a fee for the services rendered in accordance
436with the schedule.
437     (b)  The board may provide a reasonable schedule of charges
438for fighting fires occurring in or at refuse dumps or as a
439result of an illegal burn, which fire, dump, or burn is not
440authorized by general or special law, rule, regulation, order,
441or ordinance and which the district is called upon to fight or
442extinguish.
443     (c)  The board may provide a reasonable schedule of charges
444for responding to, assisting with, or mitigating emergencies
445that either threaten or could threaten the health and safety of
446persons, property, or the environment to which the district has
447been called, including a charge for responding to false alarms.
448     (d)  The board may provide a reasonable schedule of charges
449for inspecting structures, plans, and equipment to determine
450compliance with fire safety codes and standards.
451     (e)  The district shall have a lien upon any real property,
452motor vehicle, marine vessel, aircraft, or rail car for any
453charge assessed under this subsection.
454     (4)  IMPACT FEES.--If the general purpose local government
455has not adopted an impact fee for fire services which is
456distributed to the district for construction within its
457jurisdictional boundaries, the board may establish a schedule of
458impact fees for new construction to pay for the cost of new
459facilities and equipment, the need for which is in whole or in
460part the result of new construction. The impact fees collected
461by the district under this subsection shall be kept separate
462from other revenues of the district and must be used exclusively
463to acquire, purchase, or construct new facilities or portions
464thereof needed to provide fire protection and emergency services
465to new construction. As used in this subsection, "new
466facilities" means land, buildings, and capital equipment,
467including, but not limited to, fire and emergency vehicles,
468radio-telemetry equipment, and other firefighting or rescue
469equipment. The board shall maintain adequate records to ensure
470that impact fees are expended only for permissible new
471facilities or equipment. The board may enter into agreements
472with general purpose local governments to share in the revenues
473from fire protection impact fees imposed by such governments.
474     Section 10.  Procedures for the levy and collection of non-
475ad valorem assessments.--
476     (1)  The district may provide for the levy of non-ad
477valorem assessments under this act on the lands and real estate
478benefited by the exercise of the powers authorized by this act,
479or any part thereof, for all or any part of the cost thereof. In
480addition to the provisions set forth in this act, the district
481shall also be entitled to exercise all other rights and powers
482regarding the levy and collection of additional non-ad valorem
483assessments as provided for under chapter 191, Florida Statutes.
484     (2)  The rate of assessment shall be fixed by resolution of
485the board of commissioners on or before June 1 of each year as
486follows:
487     (a)  One hundred fifty dollars annually shall be assessed
488against commercial buildings and commercial businesses. For the
489purpose of determining a commercial business, it is the specific
490intent of this act to tax individual businesses which are within
491a common building which are separated by walls, partitions, or
492custom. The purchase of a county occupational license shall be
493evidence of the existence of a business. Apartment buildings,
494motels, condominiums, mobile home parks, and other multiple
495family residences shall not be considered commercial buildings.
496     (b)  Each residential dwelling unit, including mobile homes
497situated on any parcel of land within said district, shall pay
498$75 annually.
499     (c)  The non-ad valorem assessment amounts as established
500under paragraphs (a) and (b) shall be subject to annual
501increases, as may be approved by the board of commissioners as
502provided for under subsection (2) of section 9.
503     (3)  The board of commissioners may adopt by resolution the
504current tax assessment and collection roll compiled and prepared
505by the tax assessor of Okaloosa County, and may adopt a
506resolution fixing the levy on each lot or parcel of land subject
507to taxation in the district, or may, at its discretion, prepare
508or cause to be prepared an assessment and collection roll
509setting forth a description of each lot or parcel of land
510subject to taxation in the district together with the amount of
511assessment fixed by resolution, and shall, before June 1 of each
512year, deliver the roll to the tax assessor for collection. All
513assessments shall be made against the land subject to such
514assessments and the roll shall set forth the names of the
515respective owners of such lands.
516     (4)  Any property owner in the district shall have the
517right to file a protest in writing between June 10 and 20 of
518each year against the proposed assessments and the amount or
519rate thereof and to appear before the board in support of such
520protest at an opening meeting or meetings which shall be held to
521hear and consider such protests and make adjustments to the
522roll.
523     (5)  Immediately after the adjustment period, the board of
524commissioners shall adopt a resolution fixing the rate of
525special assessment and shall note the amount of the levy against
526each parcel of property described in the tax roll and shall
527transmit the tax roll and a certified copy of the resolution to
528the county tax assessor on or before July 1 each year. It shall
529be the duty of the tax collector of Okaloosa County to include
530in the county tax roll the assessments made by the board of
531commissioners of the district and to collect such assessments
532according to the assessment roll and deliver the proceeds of
533such collection, less the statutory fee, monthly to the board of
534commissioners, taking their receipts for such funds. The tax
535collector shall, upon delivery of such funds to the board of
536commissioners, furnish them with a description of the lands for
537which such payments are made.
538     (6)  Such special assessments shall be a lien upon the land
539so assessed along with county taxes until paid and, if the same
540become delinquent, shall be considered a part of the county tax,
541subject to the same penalties, charges, fees, and remedies for
542enforcement and collection and shall be enforced and collected
543as provided by law.
544     (7)  Such special assessments shall be of equal benefit to
545all property with fire protection being provided by the Blackman
546Fire District, Inc., pursuant to the provisions of this act.
547     (8)  The fiscal year for the district shall be from October
5481 to September 30 of each year.
549     Section 11.  District issuance of bonds, notes, bond
550anticipation notes, or other evidences of indebtedness.--
551     (1)  The district may issue general obligation bonds,
552assessment bonds, revenue bonds, notes, bond anticipation notes,
553or other evidences of indebtedness to finance all or a part of
554any proposed improvements authorized to be undertaken under this
555act or under general or special law, provided the total annual
556payments for the principal and interest on such indebtedness
557shall not exceed 50 percent of the total annual budgeted
558revenues of the district. The bonds shall be issued in such
559denominations, mature on such dates and in such amounts, and may
560be subject to optional and mandatory redemption as determined by
561resolutions adopted by the board. Bonds of the district may bear
562interest at a fixed, floating, or adjustable rate and may be
563issued as interest-bearing bonds, interest-accruing bonds, or
564zero coupon bonds at such rate or rates, not exceeding the
565maximum rate permitted by general law, as determined by
566resolution of the board. Principal and interest shall be payable
567in the manner determined by the board. The bonds shall be signed
568by manual or facsimile signature of the chair or vice chair of
569the board, attested with the seal of the district and by the
570manual or facsimile signature of the secretary or assistant
571secretary of the board.
572     (2)  The bonds shall be payable from the non-ad valorem
573assessments or other non-ad valorem revenues, including, without
574limitation, user fees or charges or rental income authorized to
575be levied, collected, or received pursuant to this act or
576general law. General obligation bonds payable from ad valorem
577taxes may also be issued by the district, but only after
578compliance with s. 12, Art. VII of the State Constitution.
579Subject to referendum approval, a district may pledge its full
580faith and credit for the payment of principal and interest on
581such general obligation bonds and for any reserve funds provided
582therefor and may unconditionally and irrevocably pledge itself
583to levy ad valorem taxes on all property in the district to the
584extent necessary for the payment thereof. The district is
585authorized, after notice and opportunity to be heard has been
586afforded to those affected, to impose, charge, and collect non-
587ad valorem revenues in connection with any of the improvements
588authorized under this act and to pledge the same for the payment
589of bonds.
590     (3)  In connection with the sale and issuance of bonds, the
591district may enter into any contracts which the board determines
592to be necessary or appropriate to achieve a desirable effective
593interest rate in connection with the bonds by means of, but not
594limited to, contracts commonly known as investment contracts,
595funding agreements, interest rate swap agreements, currency swap
596agreements, forward payment conversion agreements, futures, or
597contracts providing for payments based on levels of or changes
598in interest rates, or contracts to exchange cash flows or a
599series of payments, or contracts, including, without limitation,
600options, puts, or calls, to hedge payment, rate, spread, or
601similar exposure. Such contracts or arrangements may also be
602entered into by the district in connection with, or incidental
603to, entering into any agreement which secures bonds or provides
604liquidity therefor. Such contracts and arrangements shall be
605made upon the terms and conditions established by the board,
606after giving due consideration to the credit worthiness of the
607counter parties, where applicable, including any rating by a
608nationally recognized rating service or any other criteria as
609may be appropriate.
610     (4)  In connection with the sale and issuance of the bonds,
611or the entering into any of the contracts or arrangements
612referred to in subsection (3), the district may enter into such
613credit enhancement or liquidity agreements, with such payment,
614interest rate, security, default, remedy, and any other terms
615and conditions as the board shall determine.
616     (5)  Notwithstanding any provision of law relating to the
617investment or reinvestment of surplus funds of any governmental
618unit, proceeds of the bonds and any money set aside or pledged
619to secure payment of the principal, or premium, if any, and
620interest on the bonds, or any of the contracts entered into
621pursuant to subsection (3), may be invested in securities or
622obligations described in the resolution providing for the
623issuance of bonds.
624     (6)  The bonds shall be sold in any manner not inconsistent
625with general law, shall show the purpose for which they are
626issued, and shall be payable out of the money pledged therefor.
627The funds derived from the sale of said bonds or any contract or
628arrangement shall be used for the purpose of paying the cost of
629the services or improvements and such costs, expenses, fees, and
630salaries as may be authorized by law.
631     (7)  Non-ad valorem assessments or any portion thereof
632levied to pay the principal on bonds issued pursuant to this act
633with respect to improvements financed therewith shall not exceed
634the benefits assessed regarding such works or improvements. If
635the bonds are sold at a discount, the amount of the discount
636shall be treated as interest, not as principal. Premiums payable
637upon the redemption of bonds shall also be treated as interest.
638Interest to accrue on account of issuing bonds shall not be
639construed as a part of the costs of the works or improvements in
640determining whether the costs of making such improvements are
641equal to or in excess of the benefits assessed. If the property
642appraiser and tax collector deduct their fees and charges from
643the amount of non-ad valorem assessments levied and collected,
644and if the landowners receive the statutorily permitted discount
645for early payment of such non-ad valorem assessments, the amount
646of such fees, charges, and discount shall not be included in the
647amount of non-ad valorem assessments levied by the district in
648determining whether such assessments are equal to or in excess
649of the benefits assessed.
650     (8)  The district may, whenever in the judgment of the
651board it is advisable and in the best interests of the
652landowners in the district, issue bonds to refund any or all of
653the then outstanding bonded indebtedness of the district.
654     (9)  The principal amount of refunding bonds may be in any
655amount not in excess of the benefits assessed against the lands
656with respect to which the refunded bonds were issued less the
657principal amount of the refunded bonds previously paid from non-
658ad valorem assessments. The proceeds of such refunding bonds
659shall be used only to pay the principal, premium, if any, and
660interest on the bonds to be refunded and any discount or expense
661of the sale of the refunding bonds and to provide a debt service
662reserve fund for the refunding bonds. The district may also use
663other available revenues to pay costs associated with the
664issuance or administration of the refunding bonds.
665     (10)  Assessments shall be levied for the payment of the
666refunding bonds in the same manner as the assessments levied for
667the refunded bonds and the refunding bonds shall be secured by
668the same lien as the refunded bonds, and any additional interest
669which accrues on account of the refunding bonds shall be
670included and added to the original assessment and shall be
671secured by the same lien, provided any interest accrued shall
672not be considered as a part of the cost of construction in
673determining whether the assessment exceeds the benefits
674assessed.
675     (11)  No proceedings shall be required for the issuance of
676bonds or refunding bonds other than those provided by this
677section and by general law.
678     Section 12.  District expansion and merger.--
679     (1)  The boundaries of the district may be modified,
680extended, or enlarged upon approval or ratification by the
681Legislature.
682     (2)  The merger of the district with all or portions of
683other independent or dependent fire control districts is
684effective only upon ratification by the Legislature. The
685district may not, solely by reason of a merger with another
686governmental entity, increase ad valorem taxes on property
687within the original limits of the district beyond the maximum
688established by this act, unless approved by the electors of the
689district by referendum.
690     Section 3.  If any clause, section, or provision of this
691act shall be declared unconstitutional or invalid for any
692reason, it shall be eliminated from this act, and the remaining
693portion of the act shall be in full force and effect and be as
694valid as if such invalid portion thereof had not been
695incorporated therein.
696     Section 4.  This act shall take effect upon becoming a law.


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