HB 1257

1
A bill to be entitled
2An act relating to Broward County; providing legislative
3findings; providing for creation of the Broward Urban
4Independent Fire District; providing for boundaries and
5jurisdiction; providing for composition and rules and
6regulations of the board; providing for powers and duties
7of the district; providing for financial powers and
8procedures of the district; providing for the power to
9impose impact fees, special assessments, user fees, and ad
10valorem taxes; providing for a referendum; providing a
11ballot statement; providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Legislative findings.--Broward County is the
16second most populous county in the state with 31 municipalities
17within the county and little unincorporated area within the
18developed portion of the county. Eighteen governmental entities
19provide fire and emergency medical services and 14 governmental
20entities provide emergency communications within Broward County.
21Many fire and emergency medical services providers within
22Broward County do not have common radio equipment or channels,
23and fire and emergency medical services response within Broward
24County is often not by the closest available unit because of the
25territory of separate providers. The Legislature has attempted
26and continues to attempt to foster services on the local level
27by the best and most cost-effective means; thus, the Legislature
28intends to create an urban fire district that will be a vehicle
29for the provision of urban fire and emergency medical services
30to ensure that the highest level of services to Broward County
31is provided, upon voluntary request by present providers of fire
32and emergency medical services throughout Broward County.
33Therefore, the Legislature intends to provide an independent
34entity for coordinated fire and emergency medical services
35throughout Broward County that has uniform countywide standards,
36and the Legislature intends the district to be independent of
37Broward County or any one municipality such that any local
38government may have fire and emergency medical services provided
39to it by voluntary approval of the local government.
40     Section 2.  Creation.--There is hereby created within the
41confines of Broward County the "Broward Independent Urban Fire
42District," an independent special district hereinafter referred
43to as the "district."
44     Section 3.  Boundaries.--All lands within Broward County
45shall be within the district.
46     Section 4.  Jurisdiction.--The jurisdiction of the district
47to provide fire and emergency medical services shall be those
48lands within the district where there has been a resolution of a
49governing body of a municipality where lands are situated
50approving of services by the district for such lands. A
51resolution shall be approved by Broward County for any
52unincorporated lands. The assent of the fire and emergency
53medical services must also be obtained when fire or emergency
54medical services are provided to lands by a provider other than
55the government providing municipal services. A municipality or
56Broward County may not withdraw from the jurisdiction of the
57district within 3 years after joining the district. After 3
58years, a municipality or Broward County may withdraw from the
59district by passing a resolution and giving notice to the
60district by June 1st of the preceding calendar year in order to
61withdraw by September of the next calendar year.
62     Section 5.  Governing body.--
63     (1)  The governing body of the Broward Independent Urban
64Fire District shall be the Broward Fire Board.
65     (2)  All members of the Broward Fire Board shall be chosen
66from elected officials of the general-purpose government in
67which lands are served by the district and which provide for
68municipal services. Broward County shall be deemed the provider
69of municipal services for any unincorporated lands.
70     (3)  The Broward Fire Board shall be composed as follows:
71     (a)  If lands within only one local government are served
72by the district, the Broward Fire Board shall be composed of
73three members appointed by the local government from among the
74members of its governing body.
75     (b)  If lands within two local governments are served by
76the district, each local government shall appoint one member
77from its governing body. The third member shall be the Chair of
78the Broward County Fire-Rescue Council, who may only vote in the
79event of a tie vote.
80     (c)  If lands within three local governments are served by
81the district, each local government shall appoint one member
82from its governing body.
83     (d)  If lands within four or more local governments are
84served by the district, each local government shall appoint one
85member to the Broward Fire Board from its governing body. If the
86resulting number of board members is an even number, the Chair
87of the Broward County Fire-Rescue Council may only vote in the
88event of a tie vote.
89     (e)  In those instances when the Broward Fire Board is
90composed of an odd number of local government elected officials,
91the Chair of the Broward County Fire-Rescue Council shall be a
92member of the Broward Fire Board and be entitled to participate
93in all discussion and deliberations, but shall not vote.
94     (f)  If lands served by the district are situated in more
95than nine local governments, the Broward Fire Board may create
96an executive committee of not fewer than five or more than nine
97members. The Executive Committee of the Broward Fire Board is
98authorized to make such decisions and perform all functions of
99the full Broward Fire Board, except that only a majority of a
100quorum of the full fire board may approve user charges, impact
101fees, or special assessments or levy any tax.
102     (g)  A quorum of the Broward Fire Board shall be a majority
103of its members, except that should the membership of the Broward
104Fire Board reach twelve members, a quorum may be set by
105resolution of the Broward Fire Board but in no instance may the
106quorum be fewer than seven.
107     (h)  The Broward Fire Board shall elect one of its members
108as chair and one as vice chair to serve for 1 year each in those
109capacities or until their successors are elected.
110     (i)  Members of the Broward Fire Board shall be appointed
111for 2-year terms and shall not be subject to term limits.
112     (j)  The Broward Fire Board shall appoint such officers
113from among its members as it deems necessary.
114     (k)  The Broward Fire Board shall operate the district in
115accordance with this act and chapters 189 and 191, Florida
116Statutes, and with any other applicable general or special law,
117except as provided herein.
118     (l)  The Broward Fire Board shall have the power to create
119subdistricts composed of not less than all of the lands within
120one local government that are served by the district. For
121purposes of Article VII, Section 2 of the State Constitution,
122each subdistrict shall be a separate taxing unit.
123     (m)  Members of the Broward Fire Board shall receive no
124compensation but shall be reimbursed for travel and per diem
125expenses as provided in section 112.061, Florida Statutes.
126     Section 6.  Powers of the district.--
127     (1)  The district through the Broward Fire Board shall
128promulgate by resolution the following:
129     (a)  One standard for all levels of service for
130firefighting and delivery of emergency medical services within
131the jurisdictional portion of the district.
132     (b)  One integrated communications system throughout the
133jurisdictional portion of the district for all fire and
134emergency medical services.
135     (c)  Closest response for delivery of all fire and
136emergency medical services within the jurisdictional portion of
137the district.
138     (2)  The district shall create a 5-year plan for the
139provision of fire and emergency medical services for all of the
140district and Broward County.
141     (3)  The district shall have the authority to establish,
142equip, operate, and maintain a fire department and emergency
143medical services squad within the jurisdictional portion of the
144district and may buy, lease, sell, exchange, or otherwise
145acquire and dispose of firefighting and emergency medical
146equipment and other real, personal, or mixed property that it
147may from time to time deem necessary to prevent and extinguish
148fires or provide emergency medical services. This shall include,
149but is not limited to, the authority to hire and fire necessary
150firefighters and other personnel; to provide water, water
151supply, water stations, and other necessary buildings; to accept
152gifts or donations of equipment or money for the use of the
153district; and to do all things necessary to provide adequate
154water supply, fire prevention, and proper fire protection for
155the jurisdictional portion of the district.
156     (4)  The fire board shall have the authority to enter into
157interlocal agreements for any purpose related to providing fire
158or emergency medical services within Broward County pursuant to
159part I of chapter 163, Florida Statutes.
160     (5)  The district may establish and maintain emergency
161medical and rescue response services within the jurisdictional
162portion of the district consistent with section 191.008(1),
163Florida Statutes, provisions of chapter 401, Florida Statutes,
164and any certificates of public convenience and necessity or its
165equivalent issued thereunder.
166     (6)  The district may contract with any governmental agency
167within Broward County to provide fire suppression and emergency
168medical services within the jurisdictional portion of the
169district.
170     (7)  In addition to any other power to borrow money as may
171be provided by this act or by general law, the district may
172borrow sufficient funds to provide for 3 months' operating
173expenses, with such loan to be repaid from anticipated revenues.
174     (8)  Within the jurisdictional portion of the district, the
175district shall have authority to inspect and investigate all
176property for fire hazards. The Broward Fire Board, by resolution
177duly adopted, may assess fees for fire inspection and
178maintenance and replacement of hydrants in an amount reasonably
179related to the cost thereof and may adopt provisions creating a
180lien or providing for civil enforcement of such assessments.
181     (9)  All fire inspectors engaged by the district shall be
182certified by the Broward County Board of Rules and Appeals and
183be certified firefighters.
184     (10)  All certified firefighters employed by a
185municipality, the Broward County Sheriff's Office, or Broward
186County who were members of a bargaining unit certified by the
187Public Employees Relations Commission shall, upon transfer of
188services by a municipality, the Broward County Sheriff's Office,
189or Broward County, be employed by the district without loss of
190rank or equivalent position of command, pay, benefits, accrued
191leave, or seniority or pension.
192     (11)  Wages, hours, and conditions of employment of
193certified firefighters upon transfer of services from a
194municipality, the Broward County Sheriff's Office, or Broward
195County to the district who were members of a bargaining unit
196certified by the Public Employee Relations Commission shall be
197no less than those enjoyed while employed by their former
198municipality, the Broward County Sheriff's Office, or Broward
199County.
200     (12)  Within the jurisdictional portion of the district,
201the district is authorized to promulgate rules and regulations
202for the prevention of fire and for fire control in the district,
203which shall have the same force and effect as law 10 days after
204copies thereof executed by the chair and secretary of the
205Broward Fire Board have been posted in at least three places.
206     (13)  The duties and powers of the Broward Fire Board shall
207be set forth in this act and chapter 191, Florida Statutes,
208except as provided herein.
209     Section 7.  Finances.--
210     (1)  The powers, functions, and duties of the district
211within the jurisdictional portion of the district regarding ad
212valorem taxation, bond issuance, other revenue-raising
213capabilities, budget preparation and approval, liens and
214foreclosure of liens, use of tax deeds and tax certificates as
215appropriate for non-ad valorem assessments, and contractual
216agreements, and the methods for financing the district and for
217collecting non-ad valorem assessments, fees, or service charges,
218shall be as set forth in this act, in chapters 170, 189, 191,
219and 197, Florida Statutes, and in any applicable general or
220special law.
221     (2)  The Broward Fire Board shall annually, during the
222month of June, make an itemized estimate of the amount of moneys
223required to carry out the provisions of this act for the next
224fiscal year of the board, which fiscal year shall be from
225October 1 to and including the next succeeding September 30,
226which estimate shall state the purpose for which the moneys are
227required and the amount necessary to be raised by taxation
228within the jurisdictional portion of the district, which budget
229and proposed millage rate shall be noticed, heard, and adopted
230in accordance with chapters 192 through 200, Florida Statutes.
231     (3)  Within the jurisdictional portion of the district, the
232total millage for the district shall not exceed 3.75 mills in
233any one fiscal year. However, the total millage may be increased
234pursuant to section 191.009, Florida Statutes, after such
235increase has been approved by referendum.
236     (4)  Taxes provided for herein shall be assessed and
237collected, and subject to the same commission and fees for
238assessing and collecting, in the same manner and form as
239provided for the assessment and collection of county taxes,
240except as otherwise provided herein.
241     (5)  When the tax collector has collected the taxes
242provided for by this act, he or she shall, on or before the 10th
243day of each month, report to the secretary-treasurer of the
244Broward Fire Board the collection made for the preceding month
245and remit the same to the secretary-treasurer of the Broward
246Fire Board.
247     (6)  All warrants for the payment of labor, equipment,
248materials, and other allowable expenses incurred by the Broward
249Fire Board in carrying out the provisions of this act shall be
250payable by the secretary-treasurer of the Broward Fire Board on
251accounts and vouchers approved by the Broward Fire Board.
252     (7)  The district shall have the power to issue general
253obligation bonds, assessment bonds, bond anticipations notes,
254notes, or certificates or other evidences of indebtedness,
255hereinafter referred to as "bonds," pledging the full faith,
256credit, and taxing power of the district for capital projects
257consistent with the purposes of the district in accordance with
258the requirements of section 191.012, Florida Statutes, and other
259applicable general law.
260     (a)  Except for refunding bonds, no bonds shall be issued
261unless the issuance thereof has been approved at a referendum
262held in accordance with the requirements for such referendum as
263prescribed by general law. A referendum shall be called by the
264board of county commissioners upon the request of the Broward
265Fire Board. The expenses of calling and holding the referendum
266shall be borne by the district and the district shall reimburse
267the county for any expenses incurred in calling or holding such
268referendum.
269     (b)  The district may pledge its full faith and credit for
270the payment of the principal and interest on such general
271obligation bonds and for any reserve funds provided therefor and
272may unconditionally and irrevocably pledge itself to levy a
273special tax on all taxable property in the district, to the
274extent necessary for the payment thereof, over and above all
275other taxes authorized or permitted by this act.
276     (c)  If the Broward Fire Board determines to issue bonds
277for more than one purpose, the approval of the issuance of the
278bonds for each and all such purposes may be submitted to the
279electors on one and the same ballot. The failure of the electors
280to approve the issuance of bonds for any one or more purposes
281shall not defeat the approval of bonds for any purposes that are
282approved by electors.
283     (d)  Notwithstanding any provision of law to the contrary,
284all bonds issued under the provisions of this act shall
285constitute legal investments for savings banks, banks, trust
286companies, insurance companies, executors, administrators,
287trustees, guardians, and other fiduciaries and for any board,
288body, agency, instrumentality, county, municipality, or other
289political subdivision of the state and shall constitute security
290which may be deposited by banks or trust companies as security
291for deposits of state, county, municipal, or other public funds
292or by insurance companies, as required, or voluntary statutory
293deposits.
294     (e)  Any bonds issued by the district shall be
295incontestable in the hands of bona fide purchasers or holders
296for value and shall not be invalid because of any irregularity
297or defect in the proceedings for the issue and sale thereof.
298     (f)  The state pledges to the holders of any bonds issued
299under this act that it will not limit or alter the rights of the
300district to levy and collect the taxes provided for herein and
301to fulfill the terms of any agreement made with the holders of
302such bonds and that it will not in any way impair the rights or
303remedies of such holders.
304     (g)  A default on the bonds of the district shall not
305constitute a debt or obligation of a local general-purpose
306government or the state.
307     Section 8.  Impact fees.--
308     (1)  The Broward Fire Board may allow for the assessment
309and collection of impact fees for capital improvement on new
310construction within the jurisdictional portion of the district.
311     (a)  It is found and determined that Broward County is
312located in one of the fastest growing areas in the nation.
313     (b)  It is readily apparent that additional equipment and
314facilities will be needed to meet the expanding commercial and
315residential growth within the district.
316     (c)  It is declared that the cost of new facilities and
317equipment for fire protection and related emergency medical
318services shall be borne by new users of the district's services,
319to the extent that new construction requires new facilities and
320equipment, but only to that extent.
321     (d)  It is therefore the legislative intent to transfer to
322the new users of the district's fire protection and related
323emergency medical services a fair share of the costs of new
324facilities imposed on the district by new users.
325     (e)  It is declared that the amounts of impact fees for
326capital improvement provided for in this section are just,
327reasonable, and equitable.
328     (2)  No person shall issue or obtain a building permit for
329new residential dwelling units or new commercial or industrial
330structures within the jurisdictional portion of the district, or
331issue or obtain construction-plan approval for new mobile home
332developments located within the jurisdictional portion of the
333district, until the developers thereof have paid to the district
334the applicable impact fees for capital improvements hereinafter
335set forth. Impact fees for capital improvements to be assessed
336and collected hereunder shall not exceed the following, unless
337revised pursuant to the provisions of section 191.009(4),
338Florida Statutes:
339     (a)  Each new residential dwelling unit: $.15 per square
340foot of living area.
341     (b)  Each new commercial or industrial structure: $.30 per
342square foot of usable area.
343     (c)  Each new mobile home development: $.15 per square foot
344of permitted living area.
345
346"Living area" means that area of any structure that is covered
347by a roof. "Permitted living area" means 25 percent of the area
348covered by the individual lots.
349     (3)  For the purposes of this section, each unit of any
350multifamily structure, whether it be a duplex, triplex,
351cooperative apartment, or condominium or similar type of
352structure, shall be considered a residential dwelling unit.
353     (4)  For the purposes of this section, any motel, hotel,
354shopping center, church, nursing home, hospital, congregate
355living facility not part of an actual residence, school,
356fraternal lodge, veteran's lodge, or similar structure shall be
357considered a commercial structure.
358     (5)  Impact fees for capital improvement collected by the
359district pursuant to this section shall be kept and maintained
360as a separate fund from other revenues of the district and shall
361be used exclusively for the acquisition, purchase, or
362construction of new facilities and equipment, or portions
363thereof, required to provide fire protection and related
364emergency medical services to new construction. "New facilities
365and equipment" means buildings and capital equipment, including,
366but not limited to, such fire and emergency vehicles and
367communications equipment as may from time to time be deemed
368necessary by the district to provide fire protection and related
369emergency medical services to the areas of new construction.
370     (6)  The impact fees for capital improvement collected
371hereunder shall not be used for the acquisition, purchase, or
372construction of facilities or equipment that must be obtained in
373any event to meet the needs of the district, regardless of
374growth within the district.
375     (7)  The Broward Fire Board shall maintain adequate records
376to ensure that impact fees for capital improvement collected
377hereunder are expanded only for permissible new facilities or
378equipment.
379     (8)  The Broward Fire Board shall determine the maximum
380amount of impact fees to be assessed in any one fiscal year.
381This determination shall be made prior to the immediately
382succeeding fiscal year. However, should the Broward Fire Board
383authorize the collection of impact fees in an amount less than
384the maximum specified in this act, then these fees shall be
385uniform in each type of new construction subject to the fee. The
386Broward Fire Board's determination of the amount of the impact
387fee to be assessed in any one fiscal year shall be based on the
388requirements set forth in this section.
389     (9)  The impact fee for capital improvement called for in
390this section may be reduced by 50 percent if the owner of the
391permitted structure will install fire sprinklers in accordance
392with NFPA Pamphlets 13 and 13D. Only full sprinkler coverage is
393acceptable for this reduction.
394     Section 9.  Elections.--
395     (1)  When a referendum or special election is required
396under the provisions of this act, the district shall reimburse
397the county for the costs of such election.
398     (2)  The procedures for conducting any district elections
399or referendum required and the qualifications of any elector of
400the district shall be as set forth in chapters 189 and 191,
401Florida Statutes, except as provided herein.
402     Section 10.  Eminent domain.--Within the jurisdictional
403portion of the district, the district shall have the authority
404to exercise the power of eminent domain, pursuant to chapters
40573, 74, and 191, Florida Statutes, over any property located
406within the jurisdictional portion of the district, except
407municipal, county, state, or federal property, for the purposes
408of acquiring property for the location of a fire station. The
409location and construction of fire stations shall comply with
410applicable Broward County and municipal ordinances.
411     Section 11.  Miscellaneous.--
412     (1)  All contracts, obligations, rules, resolutions, or
413policies of any nature existing on the date of enactment of this
414act shall remain in full force and effect, and this act shall in
415no way affect the validity of such contracts, obligations,
416rules, resolutions, or policies.
417     (2)  Requirements for financial disclosure, meeting
418notices, reporting, public records maintenance, and planning
419shall be as set in chapters 189, 191, and 286, Florida Statutes,
420as they may be amended from time to time.
421     (3)  The Charter of the Broward Urban Independent Fire
422District may be amended by special act of the Legislature.
423     (4)  In the event any section or provision of this act is
424determined to be invalid or unenforceable, such determination
425shall not affect the validity and enforceability of each other
426section and provision of this act.
427     Section 12.  The Broward Independent Urban Fire District
428shall begin operations and provision of services upon lands
429within a local government complying with the procedures in
430section 4 of this act.
431     Section 13.  This act shall terminate and be of no force
432and effect if neither Broward County nor any municipality within
433Broward County passes a resolution, within 5 years after the
434effective date of this act, as provided in section 4 of this
435act.
436     Section 14.  This act, except for this section and section
43715, which shall take effect upon becoming a law, shall take
438effect only if it is approved by a majority vote of those
439qualified electors of Broward County voting in a referendum to
440be called by the Supervisor of Elections of Broward County on
441November 8, 2008, in accordance with the provisions of law
442relating to elections currently enforced in Broward County. In
443this election, procedures prescribed in sections 101.6101-
444101.6107, Florida Statues, may not be used. The ballot language
445of the title and question shall be as follows:
446
447SHALL LANDS WITHIN BROWARD COUNTY BE SERVED BY THE BROWARD
448INDEPENDENT FIRE DISTRICT
449
450Shall there be created the Broward Independent Fire District to
451provide fire and rescue services to certain lands and residents
452within those lands, where the municipal government for the lands
453has agreed to join the district?
454
455The district may charge user fees, impact fees, special
456assessments, and levy property taxes up to 3.75 mills on
457jurisdictional lands, and shall provide one standard for fire
458and rescue services to be provided by the closest responder,
459regardless of municipal boundaries within its jurisdiction.
460
461Yes ___
462No ___
463     Section 15.  This act shall take effect upon approval by a
464majority vote of those qualified electors of Broward County
465voting in a referendum to be called by the Supervisor of
466Elections of Broward County on November 8, 2008, except that
467this section and section 14 shall take effect upon becoming a
468law.


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