HB 995

1
A bill to be entitled
2An act relating to the Holt Fire District, Okaloosa
3County; providing intent; re-creating and providing a
4charter for the district; providing district boundaries;
5providing purposes; providing definitions; providing for
6the election of a district board of commissioners;
7providing for terms of office; providing for officers and
8meetings of the board; providing for commissioners'
9compensation and expenses; requiring a bond; providing for
10records; providing general and special powers of the
11district; exempting district assets and property from
12taxation; providing requirements and procedures for the
13levy of ad valorem taxes, non-ad valorem assessments, user
14charges, and impact fees; providing for referenda;
15providing for enforcement; providing for requirements and
16procedures for the issuance of bonds; providing for
17expansion and merger of the district boundaries; providing
18severability; providing for conflicts; providing an
19effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  This act constitutes the codification of all
24ordinances relating to the Holt Fire District. It is the intent
25of the Legislature in enacting this act to provide a single,
26comprehensive special act charter for the district, including
27all current legislative enactments and any additional authority
28granted by this act.
29     Section 2.  The Holt Fire District is re-created and
30reenacted to read:
31     Section 1.  Creation; intent.--The Holt Fire District is
32re-created as an independent fire control district which shall
33operate pursuant to this special act and the provisions of
34chapter 191, Florida Statutes, the Independent Special Fire
35Control District Act, and all other general laws, whether
36referenced herein or not, which are applicable to independent
37special districts.
38     Section 2.  Creation; boundaries.--
39     (1)  All of the following lands in Okaloosa County shall be
40incorporated as an independent special fire control district,
41which shall be a public municipal corporation for the public
42benefit, with perpetual existence, to be known as the Holt Fire
43District, in which name it may sue and be sued and lease, own,
44possess, and convey real and personal property, by purchase,
45gift, or otherwise, to carry out the purposes of this act. The
46lands so incorporated shall include the following:
47
48Begin at Yellow River at Okaloosa/Santa Rosa county
49line thence Northeasterly along Yellow River to
50Wilkinson Creek; thence Northerly along Wilkinson
51Creek to intersect with West Wilkerson Bluff thence
52North along west Wilkerson Bluff Road to intersect
53with Highway 90; thence North along Highway 189 to
54intersect with Lighthouse Church Road; thence West
55along Lighthouse Church Road to intersect Penny Creek;
56thence Westerly along Penny Creek to Blackwater River;
57thence Northwesterly along Blackwater River to
58Okaloosa/Santa Rosa County line; thence South along
59county line 8 miles to Yellow River and point of
60beginning.
61
62And that portion of Precinct 3 described as follows:
63
64Commence at the northwest corner of Section 20,
65Township 3 North, Range 24 West, said corner being the
66point of beginning. Proceed Southwesterly along Keyser
67Mill Road to intersection of Highway 189; thence South
68along Highway 189 to intersection of Highway 90;
69continue South to Interstate 10 and West Wilkerson
70Bluff Road, continue Southerly along West Wilkerson
71Bluff Road to intersection of Wilkinson Creek; thence
72South along Wilkinson Creek to Yellow River; thence
73Easterly along channel of Yellow River to Rattlesnake
74Bluff; thence Northerly along channel of Yellow River
75to the intersection of the South line of Section 28.
76Township 3 North, Range 24 West; thence West along
77section lines to the Southwest corner of Section 29,
78Township 3 North, Range 24 West; thence Northerly
79along section lines to the point of beginning.
80Okaloosa County, Florida.
81
82     (2)  Any lands within a municipality included in the
83boundaries of the district as described herein shall be excluded
84from the district and its jurisdiction. If any area, tract, or
85parcel of land within the boundaries of the district shall
86hereafter become annexed to a municipality, such area, tract, or
87parcel of land shall be excluded from the district effective the
88next January 1 following such annexation by a municipality.
89Nothing contained in this act shall preclude any municipality
90from annexing lands to the territorial limits of the
91municipality even if such land is included within the district.
92     (3)  Should any part of the territory covered in this
93act be held not to be included herein, then this act shall
94continue in effect as to the balance of the territory.
95     Section 3.  Intent.--The purposes of this act are to:
96     (1)  Comply with chapter 97-256, Laws of Florida, which
97calls for the codification of charters of all independent
98special fire control districts as defined in section 191.003,
99Florida Statutes, which were created by special law or general
100law of local application.
101     (2)  Provide standards, direction, and procedures
102concerning the operation and governance of the special fire
103control district known as the Holt Fire District.
104     (3)  Provide greater uniformity between the Holt Fire
105District and other independent special fire control districts.
106     (4)  Provide greater uniformity in the financing authority
107of the Holt Fire District without hampering the efficiency and
108effectiveness of current authorized and implemented methods and
109procedures of raising revenues.
110     (5)  Improve communication and coordination between the
111Holt Fire District and other local governments with respect to
112short-range and long-range planning to meet the demands for
113service delivery while maintaining fiscal responsibility.
114     (6)  Provide uniform procedures for electing members
115of the governing board of the Holt Fire District to ensure
116greater accountability to the public.
117     Section 4.  Definitions.--
118     (1)  "Board" means the governing board of the Holt
119Fire District.
120     (2)  "District" means the Holt Fire District, an
121independent special fire control district as defined in
122section 191.003, Florida Statutes.
123     (3)  "Elector" means a person who is a resident of the
124Holt Fire District and is qualified to vote in a general
125election within Okaloosa County.
126     (4)  "Emergency medical service" means basic and
127advanced life support service as defined in section 401.23,
128Florida Statutes.
129     (5)  "Rescue response service" means an initial
130response to an emergency or accident situation, including,
131but not limited to, a plane crash, a trench or building
132collapse, a swimming or boating accident, or a motor
133vehicle accident.
134     Section 5.  District board of commissioners;
135membership, terms of office, officers, meetings.--
136     (1)(a)  The business affairs of the district shall be
137conducted and administered by a five-member board. The
138board shall be elected in nonpartisan elections by the
139electors of the district. Except as provided in this act,
140such elections shall be held at a time and in a manner
141prescribed by law for holding general elections in
142accordance with section 189.405, Florida Statutes, and each
143member shall be elected for a term of 4 years and serve
144until the member's successor assumes office. Candidates for
145the board of the district shall qualify with the Okaloosa
146County Supervisor of Elections. All candidates may qualify
147by paying a filing fee of at least $25 or by obtaining the
148signatures of at least 25 registered electors of the
149district on petition forms provided by the Supervisor of
150Elections, which petitions shall be submitted and checked
151in the same manner as petitions filed by nonpartisan
152judicial candidates pursuant to section 105.035, Florida
153Statutes.
154     (b)  The members of the board shall be elected by the
155electors of the district in the manner provided in this
156section. The office of each member of the board is
157designated as being a seat on the board, distinguished from
158each of the other seats by a numeral: 1, 2, 3, 4, or 5. The
159numerical seat designation does not designate a
160geographical subdistrict. Each candidate for a seat on the
161board shall designate, at the time the candidate qualifies,
162the seat on the board for which the candidate is
163qualifying. The name of each candidate who qualifies for
164election to a seat on the board shall be included on the
165ballot in a way that clearly indicates the seat for which
166the candidate is a candidate. The candidate for each seat
167who receives the most votes cast for a candidate for the
168seat shall be elected to the board.
169     (2)  Each member of the board must be a qualified
170elector at the time he or she qualifies and continually
171throughout his or her term.
172     (3)  Each elected member of the board shall assume
173office 10 days following the member's election. Annually,
174within 60 days after the newly elected members have taken
175office, the board shall organize by electing from its
176members a chair, a vice chair, a secretary, and a
177treasurer. The positions of secretary and treasure may be
178held by one member. Funds of the district may be disbursed
179only upon the order or pursuant to resolution of the board.
180However, a petty cash account may be authorized by the
181board. The board may give the treasurer additional powers
182and duties that it deems appropriate.
183     (4)  Members of the board may each be paid a salary or
184honorarium to be determined by at least a majority plus one
185vote of the board, which salary or honorarium may not
186exceed $500 per month for each member. Special notice of
187any meeting at which the board will consider a salary
188change for a board member shall be published at least once,
189at least 14 days prior to the meeting, in a newspaper of
190general circulation in Okaloosa County. Separate
191compensation for the board member serving as treasurer may
192be authorized by like vote so long as total compensation
193for the board member does not exceed $500 per month.
194Members may be reimbursed for travel and per diem expenses
195as provided in section 112.061, Florida Statutes.
196     (5)  If a vacancy occurs on the board due to the
197resignation, death, or removal of a board member or the
198failure of anyone to qualify for a board seat, the
199remaining members may appoint a qualified person to fill
200the seat until the next general election, at which time an
201election shall be held to fill the vacancy for the
202remaining term, if any. The board shall remove any member
203who has three consecutive unexcused absences from regularly
204scheduled meetings. The board shall adopt a resolution
205defining excused and unexcused absences.
206     (6)  Each member shall, upon assuming office, take and
207subscribe to the oath of office prescribed by s. 5(b), Art.
208II of the State Constitution and section 876.05, Florida
209Statutes. Each member, within 30 days after assuming
210office, must give the Governor a good and sufficient surety
211bond in the sum of $5,000, the cost thereof being borne by
212the district, conditioned on the member's faithful
213performance of his or her duties of office.
214     (7)  The board shall keep a permanent record book
215entitled "Record of Proceedings of the Holt Fire District,"
216in which the minutes of all meetings, resolutions,
217proceedings, certificates, bonds given by commissioners,
218and corporate acts shall be recorded. The record book shall
219be open to inspection in the same manner as state, county,
220and municipal records are open under chapter 119, Florida
221Statutes, and s. 24, Art. I of the State Constitution. The
222record book shall be kept at the office or other regular
223place of business maintained by the board for the Holt Fire
224District.
225     (8)  All meetings of the board shall be open to the
226public, consistent with chapter 286, Florida Statutes,
227section 189.417, Florida Statutes, and other applicable
228general laws.
229     (9)  The officers of the board of commissioners shall
230have the duties usually pertaining to like officers. A
231record shall be kept of all meetings of the board in a
232manner consistent with subsection (7), and in such meetings
233concurrence of a majority of the commissioners shall be
234necessary to any affirmative action by the board.
235     (10)  The books and records of the district shall be
236audited at least annually, at the expense of the district,
237as outlined in section 11.45, Florida Statutes.
238     Section 6.  General powers.--The district shall have,
239and the board may exercise by majority vote, the following
240powers:
241     (1)  To sue and be sued in the name of the district,
242to adopt and use a seal and authorize the use of a
243facsimile thereof, and to make and execute contracts and
244other instruments necessary or convenient to the exercise
245of its powers.
246     (2)  To provide for a pension or retirement plan for its
247employees. Notwithstanding the prohibition against extra
248compensation as provided in section 215.425, Florida Statutes,
249the board may provide for an extra compensation program,
250including a lump-sum bonus payment program, to reward
251outstanding employees whose performance exceeds standards, if
252the program provides that a bonus payment may not be included in
253an employee's regular base rate of pay and may not be carried
254forward in subsequent years.
255     (3)  To contract for the services of consultants to perform
256planning, engineering, legal, or other professional services.
257     (4)  To borrow money and accept gifts, to apply for and use
258grants or loans of money or other property from the United
259States, the state, a unit of local government, or any person for
260any district purposes and enter into agreements required in
261connection therewith, and to hold, use, sell, and dispose of
262such moneys or property for any district purpose in accordance
263with the terms of the gift, grant, loan, or agreement relating
264thereto.
265     (5)  To adopt resolutions and procedures prescribing the
266powers, duties, and functions of the officers of the district,
267the conduct of the business of the district, the maintenance of
268records, and the form of other documents and records of the
269district. The board may also adopt ordinances and resolutions
270that are necessary to conduct district business if such
271ordinances do not conflict with any ordinances of a local
272general purpose government within whose jurisdiction the
273district is located. Any resolution or ordinance adopted by the
274board and approved by referendum vote of district electors may
275only be repealed by referendum vote of district electors.
276     (6)  To maintain an office at places it designates within a
277county or municipality in which the district is located and
278appoint an agent of record.
279     (7)  To acquire, by purchase, lease, gift, dedication,
280devise, or otherwise, real and personal property or any estate
281therein for any purpose authorized by this act and to trade,
282sell, or otherwise dispose of surplus real or personal property.
283The board may purchase equipment by an installment sales
284contract if funds are available to pay the current year's
285installments on the equipment and to pay the amounts due that
286year on all other installments and indebtedness.
287     (8)  To hold, control, and acquire by donation or purchase
288any public easement, dedication to public use, platted
289reservation for public purposes, or reservation for those
290purposes authorized by this act and to use such easement,
291dedication, or reservation for any purpose authorized by this
292act consistent with applicable adopted local government
293comprehensive plans and land development regulations.
294     (9)  To lease as lessor or lessee to or from any person,
295firm, corporation, association, or body, public or private, any
296facility or property of any nature for the use of the district
297when necessary to carry out the district's duties and authority
298under this act.
299     (10)  To borrow money and issue bonds, revenue anticipation
300notes, or certificates payable from and secured by a pledge of
301funds, revenues, taxes and assessments, warrants, notes, or
302other evidence of indebtedness, and to mortgage real and
303personal property when necessary to carry out the district's
304duties and authority under this act.
305     (11)  To charge user and impact fees authorized by
306resolution of the board, in amounts necessary to conduct
307district activities and services, and to enforce their receipt
308and collection in the manner prescribed by resolution and
309authorized by law. However, the imposition of impact fees may
310only be authorized as provided by subsection (4) of section 9.
311     (12)  To exercise the right and power of eminent domain,
312pursuant to chapter 73 or chapter 74, Florida Statutes, over any
313property within the district, except municipal, county, state,
314special district, or federal property used for a public purpose,
315for the uses and purposes of the district relating solely to the
316establishment and maintenance of fire stations and fire
317substations, specifically including the power to take easements
318that serve such facilities consistent with applicable adopted
319local government comprehensive plans and land development
320regulations.
321     (13)  To cooperate or contract with other persons or
322entities, including other governmental agencies, as necessary,
323convenient, incidental, or proper in connection with providing
324effective mutual aid and furthering any power, duty, or purpose
325authorized by this act.
326     (14)  To assess and impose upon real property in the
327district ad valorem taxes and non-ad valorem assessments as
328authorized by this act.
329     (15)  To impose and foreclose non-ad valorem assessment
330liens as provided by this act or to impose, collect, and enforce
331non-ad valorem assessments pursuant to chapter 197, Florida
332Statutes.
333     (16)  To select as a depository for its funds any qualified
334public depository as defined in section 280.02, Florida
335Statutes, which meets all the requirements of chapter 280,
336Florida Statutes, and has been designated by the State Treasurer
337as a qualified public depository, upon such terms and conditions
338as to the payment of interest upon the funds deposited as the
339board deems just and reasonable.
340     (17)  To provide adequate insurance on all real and
341personal property, equipment, employees, volunteer firefighters,
342and other personnel.
343     (18)  To organize, participate in, and contribute
344monetarily to organizations or associations relating to the
345delivery of or improvement of fire control, fire prevention, and
346emergency rescue services, or district administration.
347     (19)  To promulgate and enforce reasonable fire regulations
348by resolution.
349     Section 7.  Exemption from taxation.--Since the exercise of
350the powers conferred by this act constitutes action by a
351political subdivision performing essential public functions and
352since the property of each district constitutes public property
353used for public purposes, all assets and properties of the
354district, including property acquired through the foreclosure of
355any tax or assessment lien, are exempt from all taxes imposed by
356the state or any political subdivision, agency, or
357instrumentality of the state.
358     Section 8.  Special powers.--The Holt Fire District shall
359provide for fire suppression and prevention by establishing and
360maintaining fire stations and fire substations and acquiring and
361maintaining such firefighting and fire protection equipment
362deemed necessary to prevent or fight fires. All construction
363shall be in compliance with applicable state, regional, and
364local regulations, including adopted comprehensive plans and
365land development regulations. The board shall have and may
366exercise any or all of the following special powers relating to
367facilities and duties authorized by this act:
368     (1)  Establish and maintain emergency medical and rescue
369response services and acquire and maintain rescue, medical, and
370other emergency equipment, pursuant to chapter 401, Florida
371Statutes, and any certificate of public convenience and
372necessity or its equivalent issued hereunder.
373     (2)  Employ, train, and equip such personnel, and train,
374coordinate, and equip such volunteer firefighters, as are
375necessary to accomplish the duties of the district. The board
376may employ and fix the compensation of a fire chief or chief
377administrator. The board shall prescribe the duties of such
378person, which shall include supervision and management of the
379operations of the district and its employees and maintenance and
380operation of its facilities and equipment. The fire chief or
381chief administrator may employ or terminate the employment of
382such other persons, including, without limitation, professional,
383supervisory, administrative, maintenance, and clerical
384employees, as are necessary and authorized by the board. The
385compensation and other conditions of employment of the officers
386and employees of the district shall be provided by the board.
387     (3)  Conduct public education to promote awareness of
388methods to prevent fires and reduce the loss of life and
389property from fires or other public safety concerns.
390     (4)  Adopt and enforce fire safety standards and codes and
391enforce the rules of the State Fire Marshal consistent with the
392exercise of the duties authorized by chapter 553 or chapter 633,
393Florida Statutes, with respect to fire suppression and
394prevention and fire safety code enforcement.
395     (5)  Conduct arson investigations and cause-and-origin
396investigations.
397     (6)  Adopt hazardous material safety plans and emergency
398response plans in coordination with the county emergency
399management agency as provided in chapter 252, Florida Statutes.
400     (7)  Contract with general purpose local government for
401emergency management planning and services.
402     Section 9.  Taxes, non-ad valorem assessments; impact fees
403and user charges.--
404     (1)  AD VALOREM TAXES.--The elected board of commissioners
405may levy and assess ad valorem taxes on all taxable property in
406the district to construct, operate, and maintain district
407facilities and services, to pay the principal of, and interest
408on, general obligation bonds of the district, and to provide for
409any sinking or other funds established in connection with such
410bonds. An ad valorem tax levied by the board for operating
411purposes, exclusive of debt service on bonds, may not exceed
4123.75 mills. The levy of ad valorem taxes pursuant to this
413section must be approved by referendum called by the board.
414Nothing in this act shall require a referendum on the levy of ad
415valorem taxes in the amount as previously authorized by special
416act, general law of local application, or county ordinance
417approved by referendum. Such tax shall be assessed, levied, and
418collected in the same manner as county taxes. The levy of ad
419valorem taxes approved by referendum shall be reported within 60
420days after the vote to the Department of Community Affairs.
421     (2)  NON-AD VALOREM ASSESSMENTS.--The elected board of
422commissioners may levy non-ad valorem assessments to provide
423funds for the purposes of the district. The rate of such
424assessments must be fixed by resolution of the board pursuant to
425the procedures contained in section 10. Non-ad valorem
426assessment rates set by the board may exceed the maximum rates
427established by this or any prior special act, any county
428ordinance, the previous year's resolution, or a referendum in an
429amount not to exceed the average annual growth rate in Florida
430personal income over the previous 5 years. Non-ad valorem
431assessment rate increases within the personal income threshold
432are deemed to be within the maximum rate authorized by law at
433the time of initial imposition. Proposed non-ad valorem
434assessment increases which exceed the rate set the previous
435fiscal year or the rate previously set by special act or county
436ordinance, whichever is more recent, by more than the average
437annual growth rate in Florida personal income over the last 5
438years must be approved by referendum of the electors of the
439district. Non-ad valorem assessments shall be imposed,
440collected, and enforced pursuant to section 10.
441     (3)  USER CHARGES.--
442     (a)  The board may provide a reasonable schedule of charges
443for special emergency services, including fighting fires
444occurring in or to structures outside the district, motor
445vehicles, marine vessels, aircraft, or rail cars, or as a result
446of the operation of such motor vehicles or marine vessels, to
447which the district is called to render such emergency service,
448and may charge a fee for the services rendered in accordance
449with the schedule.
450     (b)  The board may provide a reasonable schedule of charges
451for fighting fires occurring in or at refuse dumps or as a
452result of an illegal burn, which fire, dump, or burn is not
453authorized by general or special law, rule, regulation, order,
454or ordinance and which the district is called upon to fight or
455extinguish.
456     (c)  The board may provide a reasonable schedule of charges
457for responding to, assisting with, or mitigating emergencies
458that either threaten or could threaten the health and safety of
459persons, property, or the environment to which the district has
460been called, including a charge for responding to false alarms.
461     (d)  The board may provide a reasonable schedule of charges
462for inspecting structures, plans, and equipment to determine
463compliance with fire safety codes and standards.
464     (e)  The district shall have a lien upon any real property,
465motor vehicle, marine vessel, aircraft, or rail car for any
466charge assessed under this subsection.
467     (4)  IMPACT FEES.--If the general purpose local government
468has not adopted an impact fee for fire services which is
469distributed to the district for construction within its
470jurisdictional boundaries, the board may establish a schedule of
471impact fees for new construction to pay for the cost of new
472facilities and equipment, the need for which is in whole or in
473part the result of new construction. The impact fees collected
474by the district under this subsection shall be kept separate
475from other revenues of the district and must be used exclusively
476to acquire, purchase, or construct new facilities or portions
477thereof needed to provide fire protection and emergency services
478to new construction. As used in this subsection, "new
479facilities" means land, buildings, and capital equipment,
480including, but not limited to, fire and emergency vehicles,
481radio-telemetry equipment, and other firefighting or rescue
482equipment. The board shall maintain adequate records to ensure
483that impact fees are expended only for permissible new
484facilities or equipment. The board may enter into agreements
485with general purpose local governments to share in the revenues
486from fire protection impact fees imposed by such governments.
487     Section 10.  Procedures for the levy and collection of non-
488ad valorem assessments.--
489     (1)  The district may provide for the levy of non-ad
490valorem assessments under this act on the lands and real estate
491benefited by the exercise of the powers authorized by this act,
492or any part thereof, for all or any part of the cost thereof. In
493addition to the provisions set forth in this act, the district
494shall also be entitled to exercise all other rights and powers
495regarding the levy and collection of additional non-ad valorem
496assessments as provided for under chapter 191, Florida Statutes.
497     (2)  The rate of assessment shall be fixed by resolution of
498the board of commissioners on or before June 1 of each year as
499follows:
500     (a)  Sixty-five dollars annually shall be assessed against
501commercial buildings and commercial businesses. For the purpose
502of determining a commercial business, it is the specific intent
503of this act to tax individual businesses which are within a
504common building which are separated by walls, partitions, or
505custom. The purchase of a county occupational license shall be
506evidence of the existence of a business. Apartment buildings,
507motels, condominiums, mobile home parks, and other multiple
508family residences shall not be considered commercial buildings.
509     (b)  Each residential dwelling unit, including mobile homes
510situated on any parcel of land within said district, shall pay
511$40 annually.
512     (c)  The non-ad valorem assessment amounts as established
513under paragraphs (a) and (b) shall be subject to annual
514increases, as may be approved by the board of commissioners as
515provided for under subsection (2) of section 9.
516     (3)  The board of commissioners may adopt by resolution the
517current tax assessment and collection roll compiled and prepared
518by the tax assessor of Okaloosa County, and may adopt a
519resolution fixing the levy on each lot or parcel of land subject
520to taxation in the district, or may, at its discretion, prepare
521or cause to be prepared an assessment and collection roll
522setting forth a description of each lot or parcel of land
523subject to taxation in the district together with the amount of
524assessment fixed by resolution, and shall, before June 1 of each
525year, deliver the roll to the tax assessor for collection. All
526assessments shall be made against the land subject to such
527assessments and the roll shall set forth the names of the
528respective owners of such lands.
529     (4)  Any property owner in the district shall have the
530right to file a protest in writing between June 10 and 20 of
531each year against the proposed assessments and the amount or
532rate thereof and to appear before the board in support of such
533protest at an opening meeting or meetings which shall be held to
534hear and consider such protests and make adjustments to the
535roll.
536     (5)  Immediately after the adjustment period, the board of
537commissioners shall adopt a resolution fixing the rate of
538special assessment and shall note the amount of the levy against
539each parcel of property described in the tax roll and shall
540transmit the tax roll and a certified copy of the resolution to
541the county tax assessor on or before July 1 each year. It shall
542be the duty of the tax collector of Okaloosa County to include
543in the county tax roll the assessments made by the board of
544commissioners of the district and to collect such assessments
545according to the assessment roll and deliver the proceeds of
546such collection, less the statutory fee, monthly to the board of
547commissioners, taking their receipts for such funds. The tax
548collector shall, upon delivery of such funds to the board of
549commissioners, furnish them with a description of the lands for
550which such payments are made.
551     (6)  Such special assessments shall be a lien upon the land
552so assessed along with county taxes until paid and, if the same
553become delinquent, shall be considered a part of the county tax,
554subject to the same penalties, charges, fees, and remedies for
555enforcement and collection and shall be enforced and collected
556as provided by law.
557     (7)  Such special assessments shall be of equal benefit to
558all property with fire protection being provided by the Holt
559Fire District pursuant to the provisions of this act.
560     (8)  The fiscal year for the district shall be from October
5611 to September 30 of each year.
562     Section 11.  District issuance of bonds, notes, bond
563anticipation notes, or other evidences of indebtedness.--
564     (1)  The district may issue general obligation bonds,
565assessment bonds, revenue bonds, notes, bond anticipation notes,
566or other evidences of indebtedness to finance all or a part of
567any proposed improvements authorized to be undertaken under this
568act or under general or special law, provided the total annual
569payments for the principal and interest on such indebtedness
570shall not exceed 50 percent of the total annual budgeted
571revenues of the district. The bonds shall be issued in such
572denominations, mature on such dates and in such amounts, and may
573be subject to optional and mandatory redemption as determined by
574resolutions adopted by the board. Bonds of the district may bear
575interest at a fixed, floating, or adjustable rate and may be
576issued as interest-bearing bonds, interest-accruing bonds, or
577zero coupon bonds at such rate or rates, not exceeding the
578maximum rate permitted by general law, as determined by
579resolution of the board. Principal and interest shall be payable
580in the manner determined by the board. The bonds shall be signed
581by manual or facsimile signature of the chair or vice chair of
582the board, attested with the seal of the district and by the
583manual or facsimile signature of the secretary or assistant
584secretary of the board.
585     (2)  The bonds shall be payable from the non-ad valorem
586assessments or other non-ad valorem revenues, including, without
587limitation, user fees or charges or rental income authorized to
588be levied, collected, or received pursuant to this act or
589general law. General obligation bonds payable from ad valorem
590taxes may also be issued by the district, but only after
591compliance with s. 12, Art. VII of the State Constitution.
592Subject to referendum approval, a district may pledge its full
593faith and credit for the payment of principal and interest on
594such general obligation bonds and for any reserve funds provided
595therefor and may unconditionally and irrevocably pledge itself
596to levy ad valorem taxes on all property in the district to the
597extent necessary for the payment thereof. The district is
598authorized, after notice and opportunity to be heard has been
599afforded to those affected, to impose, charge, and collect non-
600ad valorem revenues in connection with any of the improvements
601authorized under this act and to pledge the same for the payment
602of bonds.
603     (3)  In connection with the sale and issuance of bonds, the
604district may enter into any contracts which the board determines
605to be necessary or appropriate to achieve a desirable effective
606interest rate in connection with the bonds by means of, but not
607limited to, contracts commonly known as investment contracts,
608funding agreements, interest rate swap agreements, currency swap
609agreements, forward payment conversion agreements, futures, or
610contracts providing for payments based on levels of or changes
611in interest rates, or contracts to exchange cash flows or a
612series of payments, or contracts, including, without limitation,
613options, puts, or calls, to hedge payment, rate, spread, or
614similar exposure. Such contracts or arrangements may also be
615entered into by the district in connection with, or incidental
616to, entering into any agreement which secures bonds or provides
617liquidity therefor. Such contracts and arrangements shall be
618made upon the terms and conditions established by the board,
619after giving due consideration to the credit worthiness of the
620counter parties, where applicable, including any rating by a
621nationally recognized rating service or any other criteria as
622may be appropriate.
623     (4)  In connection with the sale and issuance of the bonds,
624or the entering into any of the contracts or arrangements
625referred to in subsection (3), the district may enter into such
626credit enhancement or liquidity agreements, with such payment,
627interest rate, security, default, remedy, and any other terms
628and conditions as the board shall determine.
629     (5)  Notwithstanding any provision of law relating to the
630investment or reinvestment of surplus funds of any governmental
631unit, proceeds of the bonds and any money set aside or pledged
632to secure payment of the principal, or premium, if any, and
633interest on the bonds, or any of the contracts entered into
634pursuant to subsection (3), may be invested in securities or
635obligations described in the resolution providing for the
636issuance of bonds.
637     (6)  The bonds shall be sold in any manner not inconsistent
638with general law, shall show the purpose for which they are
639issued, and shall be payable out of the money pledged therefor.
640The funds derived from the sale of said bonds or any contract or
641arrangement shall be used for the purpose of paying the cost of
642the services or improvements and such costs, expenses, fees, and
643salaries as may be authorized by law.
644     (7)  Non-ad valorem assessments or any portion thereof
645levied to pay the principal on bonds issued pursuant to this act
646with respect to improvements financed therewith shall not exceed
647the benefits assessed regarding such works or improvements. If
648the bonds are sold at a discount, the amount of the discount
649shall be treated as interest, not as principal. Premiums payable
650upon the redemption of bonds shall also be treated as interest.
651Interest to accrue on account of issuing bonds shall not be
652construed as a part of the costs of the works or improvements in
653determining whether the costs of making such improvements are
654equal to or in excess of the benefits assessed. If the property
655appraiser and tax collector deduct their fees and charges from
656the amount of non-ad valorem assessments levied and collected,
657and if the landowners receive the statutorily permitted discount
658for early payment of such non-ad valorem assessments, the amount
659of such fees, charges, and discount shall not be included in the
660amount of non-ad valorem assessments levied by the district in
661determining whether such assessments are equal to or in excess
662of the benefits assessed.
663     (8)  The district may, whenever in the judgment of the
664board it is advisable and in the best interests of the
665landowners in the district, issue bonds to refund any or all of
666the then outstanding bonded indebtedness of the district.
667     (9)  The principal amount of refunding bonds may be in any
668amount not in excess of the benefits assessed against the lands
669with respect to which the refunded bonds were issued less the
670principal amount of the refunded bonds previously paid from non-
671ad valorem assessments. The proceeds of such refunding bonds
672shall be used only to pay the principal, premium, if any, and
673interest on the bonds to be refunded and any discount or expense
674of the sale of the refunding bonds and to provide a debt service
675reserve fund for the refunding bonds. The district may also use
676other available revenues to pay costs associated with the
677issuance or administration of the refunding bonds.
678     (10)  Assessments shall be levied for the payment of the
679refunding bonds in the same manner as the assessments levied for
680the refunded bonds and the refunding bonds shall be secured by
681the same lien as the refunded bonds, and any additional interest
682which accrues on account of the refunding bonds shall be
683included and added to the original assessment and shall be
684secured by the same lien, provided any interest accrued shall
685not be considered as a part of the cost of construction in
686determining whether the assessment exceeds the benefits
687assessed.
688     (11)  No proceedings shall be required for the issuance of
689bonds or refunding bonds other than those provided by this
690section and by general law.
691     Section 12.  District expansion and merger.--
692     (1)  The boundaries of the district may be modified,
693extended, or enlarged upon approval or ratification by the
694Legislature.
695     (2)  The merger of the district with all or portions
696of other independent or dependent fire control districts is
697effective only upon ratification by the Legislature. The
698district may not, solely by reason of a merger with another
699governmental entity, increase ad valorem taxes on property
700within the original limits of the district beyond the
701maximum established by this act, unless approved by the
702electors of the district by referendum.
703     Section 3.  If any clause, section, or provision of this
704act shall be declared unconstitutional or invalid for any
705reason, it shall be eliminated from this act, and the remaining
706portion of the act shall be in full force and effect and be as
707valid as if such invalid portion thereof had not been
708incorporated therein.
709     Section 4.  In the event of a conflict of the provisions of
710this act with the provisions of any other act, the provisions of
711this act shall control to the extent of such conflict.
712     Section 5.  This act shall take effect upon becoming a law.


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