1

A bill to be entitled

2

An act relating to Broward County; providing legislative

3

findings; providing for creation of the Broward Urban

4

Independent Fire District; providing for boundaries and

5

jurisdiction; providing for composition and rules and

6

regulations of the board; providing for powers and duties

7

of the district; providing for financial powers and

8

procedures of the district; providing for the power to

9

impose impact fees, special assessments, user fees, and ad

10

valorem taxes; providing for a referendum; providing a

11

ballot statement; providing an effective date.

12

13

Be It Enacted by the Legislature of the State of Florida:

14

15

     Section 1. Legislative findings.--Broward County is the

16

second most populous county in the state with 31 municipalities

17

within the county and little unincorporated area within the

18

developed portion of the county. Eighteen governmental entities

19

provide fire and emergency medical services and 14 governmental

20

entities provide emergency communications within Broward County.

21

Many fire and emergency medical services providers within Broward

22

County do not have common radio equipment or channels, and fire

23

and emergency medical services response within Broward County is

24

often not by the closest available unit because of the territory

25

of separate providers. The Legislature has attempted and

26

continues to attempt to foster services on the local level by the

27

best and most cost-effective means; thus, the Legislature intends

28

to create an urban fire district that will be a vehicle for the

29

provision of urban fire and emergency medical services to ensure

30

that the highest level of services to Broward County is provided,

31

upon voluntary request by present providers of fire and emergency

32

medical services throughout Broward County. Therefore, the

33

Legislature intends to provide an independent entity for

34

coordinated fire and emergency medical services throughout

35

Broward County that has uniform countywide standards, and the

36

Legislature intends the district to be independent of Broward

37

County or any one municipality such that any local government may

38

have fire and emergency medical services provided to it by

39

voluntary approval of the local government.

40

     Section 2. Creation.--There is hereby created within the

41

confines of Broward County the "Broward Independent Urban Fire

42

District," an independent special district hereinafter referred

43

to as the "district."

44

     Section 3. Boundaries.--All lands within Broward County

45

shall be within the district.

46

     Section 4. Jurisdiction.--The jurisdiction of the district

47

to provide fire and emergency medical services shall be those

48

lands within the district where there has been a resolution of a

49

governing body of a municipality where lands are situated

50

approving of services by the district for such lands. A

51

resolution shall be approved by Broward County for any

52

unincorporated lands. The assent of the fire and emergency

53

medical services must also be obtained when fire or emergency

54

medical services are provided to lands by a provider other than

55

the government providing municipal services. A municipality or

56

Broward County may not withdraw from the jurisdiction of the

57

district within 3 years after joining the district. After 3

58

years, a municipality or Broward County may withdraw from the

59

district by passing a resolution and giving notice to the

60

district by June 1st of the preceding calendar year in order to

61

withdraw by September of the next calendar year.

62

     Section 5. Governing body.--

63

     (1) The governing body of the Broward Independent Urban

64

Fire District shall be the Broward Fire Board.

65

     (2) All members of the Broward Fire Board shall be chosen

66

from elected officials of the general-purpose government in which

67

lands are served by the district and which provide for municipal

68

services. Broward County shall be deemed the provider of

69

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 by

72

the district, the Broward Fire Board shall be composed of three

73

members appointed by the local government from among the members

74

of its governing body.

75

     (b) If lands within two local governments are served by the

76

district, each local government shall appoint one member from its

77

governing body. The third member shall be the Chair of the

78

Broward County Fire-Rescue Council, who may only vote in the

79

event of a tie vote.

80

     (c) If lands within three local governments are served by

81

the district, each local government shall appoint one member from

82

its governing body.

83

     (d) If lands within four or more local governments are

84

served by the district, each local government shall appoint one

85

member to the Broward Fire Board from its governing body. If the

86

resulting number of board members is an even number, the Chair of

87

the Broward County Fire-Rescue Council may only vote in the event

88

of a tie vote.

89

     (e) In those instances when the Broward Fire Board is

90

composed of an odd number of local government elected officials,

91

the Chair of the Broward County Fire-Rescue Council shall be a

92

member of the Broward Fire Board and be entitled to participate

93

in all discussion and deliberations, but shall not vote.

94

     (f) If lands served by the district are situated in more

95

than nine local governments, the Broward Fire Board may create an

96

executive committee of not fewer than five or more than nine

97

members. The Executive Committee of the Broward Fire Board is

98

authorized to make such decisions and perform all functions of

99

the full Broward Fire Board, except that only a majority of a

100

quorum of the full fire board may approve user charges, impact

101

fees, or special assessments or levy any tax.

102

     (g) A quorum of the Broward Fire Board shall be a majority

103

of its members, except that should the membership of the Broward

104

Fire Board reach twelve members, a quorum may be set by

105

resolution of the Broward Fire Board but in no instance may the

106

quorum be fewer than seven.

107

     (h) The Broward Fire Board shall elect one of its members

108

as chair and one as vice chair to serve for 1 year each in those

109

capacities or until their successors are elected.

110

     (i) Members of the Broward Fire Board shall be appointed

111

for 2-year terms and shall not be subject to term limits.

112

     (j) The Broward Fire Board shall appoint such officers from

113

among its members as it deems necessary.

114

     (k) The Broward Fire Board shall operate the district in

115

accordance with this act and chapters 189 and 191, Florida

116

Statutes, and with any other applicable general or special law,

117

except as provided herein.

118

     (l) The Broward Fire Board shall have the power to create

119

subdistricts composed of not less than all of the lands within

120

one local government that are served by the district. For

121

purposes of Article VII, Section 2 of the State Constitution,

122

each subdistrict shall be a separate taxing unit.

123

     (m) Members of the Broward Fire Board shall receive no

124

compensation but shall be reimbursed for travel and per diem

125

expenses 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

128

promulgate by resolution the following:

129

     (a) One standard for all levels of service for firefighting

130

and delivery of emergency medical services within the

131

jurisdictional portion of the district.

132

     (b) One integrated communications system throughout the

133

jurisdictional portion of the district for all fire and emergency

134

medical services.

135

     (c) Closest response for delivery of all fire and emergency

136

medical services within the jurisdictional portion of the

137

district.

138

     (2) The district shall create a 5-year plan for the

139

provision of fire and emergency medical services for all of the

140

district and Broward County.

141

     (3) The district shall have the authority to establish,

142

equip, operate, and maintain a fire department and emergency

143

medical services squad within the jurisdictional portion of the

144

district and may buy, lease, sell, exchange, or otherwise acquire

145

and dispose of firefighting and emergency medical equipment and

146

other real, personal, or mixed property that it may from time to

147

time deem necessary to prevent and extinguish fires or provide

148

emergency medical services. This shall include, but is not

149

limited to, the authority to hire and fire necessary firefighters

150

and other personnel; to provide water, water supply, water

151

stations, and other necessary buildings; to accept gifts or

152

donations of equipment or money for the use of the district; and

153

to do all things necessary to provide adequate water supply, fire

154

prevention, and proper fire protection for the jurisdictional

155

portion of the district.

156

     (4) The fire board shall have the authority to enter into

157

interlocal agreements for any purpose related to providing fire

158

or emergency medical services within Broward County pursuant to

159

part I of chapter 163, Florida Statutes.

160

     (5) The district may establish and maintain emergency

161

medical and rescue response services within the jurisdictional

162

portion of the district consistent with section 191.008(1),

163

Florida Statutes, provisions of chapter 401, Florida Statutes,

164

and any certificates of public convenience and necessity or its

165

equivalent issued thereunder.

166

     (6) The district may contract with any governmental agency

167

within Broward County to provide fire suppression and emergency

168

medical services within the jurisdictional portion of the

169

district.

170

     (7) In addition to any other power to borrow money as may

171

be provided by this act or by general law, the district may

172

borrow sufficient funds to provide for 3 months' operating

173

expenses, with such loan to be repaid from anticipated revenues.

174

     (8) Within the jurisdictional portion of the district, the

175

district shall have authority to inspect and investigate all

176

property for fire hazards. The Broward Fire Board, by resolution

177

duly adopted, may assess fees for fire inspection and maintenance

178

and replacement of hydrants in an amount reasonably related to

179

the cost thereof and may adopt provisions creating a lien or

180

providing for civil enforcement of such assessments.

181

     (9) All fire inspectors engaged by the district shall be

182

certified by the Broward County Board of Rules and Appeals and be

183

certified firefighters.

184

     (10) All certified firefighters employed by a municipality,

185

the Broward County Sheriff's Office, or Broward County who were

186

members of a bargaining unit certified by the Public Employees

187

Relations Commission shall, upon transfer of services by a

188

municipality, the Broward County Sheriff's Office, or Broward

189

County, be employed by the district without loss of rank or

190

equivalent position of command, pay, benefits, accrued leave, or

191

seniority or pension.

192

     (11) Wages, hours, and conditions of employment of

193

certified firefighters upon transfer of services from a

194

municipality, the Broward County Sheriff's Office, or Broward

195

County to the district who were members of a bargaining unit

196

certified by the Public Employee Relations Commission shall be no

197

less than those enjoyed while employed by their former

198

municipality, the Broward County Sheriff's Office, or Broward

199

County.

200

     (12) Within the jurisdictional portion of the district, the

201

district is authorized to promulgate rules and regulations for

202

the prevention of fire and for fire control in the district,

203

which shall have the same force and effect as law 10 days after

204

copies thereof executed by the chair and secretary of the Broward

205

Fire Board have been posted in at least three places.

206

     (13) The duties and powers of the Broward Fire Board shall

207

be set forth in this act and chapter 191, Florida Statutes,

208

except as provided herein.

209

     Section 7. Finances.--

210

     (1) The powers, functions, and duties of the district

211

within the jurisdictional portion of the district regarding ad

212

valorem taxation, bond issuance, other revenue-raising

213

capabilities, budget preparation and approval, liens and

214

foreclosure of liens, use of tax deeds and tax certificates as

215

appropriate for non-ad valorem assessments, and contractual

216

agreements, and the methods for financing the district and for

217

collecting non-ad valorem assessments, fees, or service charges,

218

shall be as set forth in this act, in chapters 170, 189, 191, and

219

197, Florida Statutes, and in any applicable general or special

220

law.

221

     (2) The Broward Fire Board shall annually, during the month

222

of June, make an itemized estimate of the amount of moneys

223

required to carry out the provisions of this act for the next

224

fiscal year of the board, which fiscal year shall be from October

225

1 to and including the next succeeding September 30, which

226

estimate shall state the purpose for which the moneys are

227

required and the amount necessary to be raised by taxation within

228

the jurisdictional portion of the district, which budget and

229

proposed millage rate shall be noticed, heard, and adopted in

230

accordance with chapters 192 through 200, Florida Statutes.

231

     (3) Within the jurisdictional portion of the district, the

232

total millage for the district shall not exceed 3.75 mills in any

233

one fiscal year. However, the total millage may be increased

234

pursuant to section 191.009, Florida Statutes, after such

235

increase has been approved by referendum.

236

     (4) Taxes provided for herein shall be assessed and

237

collected, and subject to the same commission and fees for

238

assessing and collecting, in the same manner and form as provided

239

for the assessment and collection of county taxes, except as

240

otherwise provided herein.

241

     (5) When the tax collector has collected the taxes provided

242

for by this act, he or she shall, on or before the 10th day of

243

each month, report to the secretary-treasurer of the Broward Fire

244

Board the collection made for the preceding month and remit the

245

same to the secretary-treasurer of the Broward Fire Board.

246

     (6) All warrants for the payment of labor, equipment,

247

materials, and other allowable expenses incurred by the Broward

248

Fire Board in carrying out the provisions of this act shall be

249

payable by the secretary-treasurer of the Broward Fire Board on

250

accounts and vouchers approved by the Broward Fire Board.

251

     (7) The district shall have the power to issue general

252

obligation bonds, assessment bonds, bond anticipation notes,

253

notes, or certificates or other evidences of indebtedness,

254

hereinafter referred to as "bonds," pledging the full faith,

255

credit, and taxing power of the district for capital projects

256

consistent with the purposes of the district in accordance with

257

the requirements of section 191.012, Florida Statutes, and other

258

applicable general law.

259

     (a) Except for refunding bonds, no bonds shall be issued

260

unless the issuance thereof has been approved at a referendum

261

held in accordance with the requirements for such referendum as

262

prescribed by general law. A referendum shall be called by the

263

board of county commissioners upon the request of the Broward

264

Fire Board. The expenses of calling and holding the referendum

265

shall be borne by the district and the district shall reimburse

266

the county for any expenses incurred in calling or holding such

267

referendum.

268

     (b) The district may pledge its full faith and credit for

269

the payment of the principal and interest on such general

270

obligation bonds and for any reserve funds provided therefor and

271

may unconditionally and irrevocably pledge itself to levy a

272

special tax on all taxable property in the district, to the

273

extent necessary for the payment thereof, over and above all

274

other taxes authorized or permitted by this act.

275

     (c) If the Broward Fire Board determines to issue bonds for

276

more than one purpose, the approval of the issuance of the bonds

277

for each and all such purposes may be submitted to the electors

278

on one and the same ballot. The failure of the electors to

279

approve the issuance of bonds for any one or more purposes shall

280

not defeat the approval of bonds for any purposes that are

281

approved by electors.

282

     (d) Notwithstanding any provision of law to the contrary,

283

all bonds issued under the provisions of this act shall

284

constitute legal investments for savings banks, banks, trust

285

companies, insurance companies, executors, administrators,

286

trustees, guardians, and other fiduciaries and for any board,

287

body, agency, instrumentality, county, municipality, or other

288

political subdivision of the state and shall constitute security

289

which may be deposited by banks or trust companies as security

290

for deposits of state, county, municipal, or other public funds

291

or by insurance companies, as required, or voluntary statutory

292

deposits.

293

     (e) Any bonds issued by the district shall be incontestable

294

in the hands of bona fide purchasers or holders for value and

295

shall not be invalid because of any irregularity or defect in the

296

proceedings for the issue and sale thereof.

297

     (f) The state pledges to the holders of any bonds issued

298

under this act that it will not limit or alter the rights of the

299

district to levy and collect the taxes provided for herein and to

300

fulfill the terms of any agreement made with the holders of such

301

bonds and that it will not in any way impair the rights or

302

remedies of such holders.

303

     (g) A default on the bonds of the district shall not

304

constitute a debt or obligation of a local general-purpose

305

government or the state.

306

     Section 8. Impact fees.--

307

     (1) The Broward Fire Board may allow for the assessment and

308

collection of impact fees for capital improvement on new

309

construction within the jurisdictional portion of the district.

310

     (a) It is found and determined that Broward County is

311

located in one of the fastest growing areas in the nation.

312

     (b) It is readily apparent that additional equipment and

313

facilities will be needed to meet the expanding commercial and

314

residential growth within the district.

315

     (c) It is declared that the cost of new facilities and

316

equipment for fire protection and related emergency medical

317

services shall be borne by new users of the district's services,

318

to the extent that new construction requires new facilities and

319

equipment, but only to that extent.

320

     (d) It is therefore the legislative intent to transfer to

321

the new users of the district's fire protection and related

322

emergency medical services a fair share of the costs of new

323

facilities imposed on the district by new users.

324

     (e) It is declared that the amounts of impact fees for

325

capital improvement provided for in this section are just,

326

reasonable, and equitable.

327

     (2) No person shall issue or obtain a building permit for

328

new residential dwelling units or new commercial or industrial

329

structures within the jurisdictional portion of the district, or

330

issue or obtain construction-plan approval for new mobile home

331

developments located within the jurisdictional portion of the

332

district, until the developers thereof have paid to the district

333

the applicable impact fees for capital improvements hereinafter

334

set forth. Impact fees for capital improvements to be assessed

335

and collected hereunder shall not exceed the following, unless

336

revised pursuant to the provisions of section 191.009(4), Florida

337

Statutes:

338

     (a) Each new residential dwelling unit: $.15 per square

339

foot of living area.

340

     (b) Each new commercial or industrial structure: $.30 per

341

square foot of usable area.

342

     (c) Each new mobile home development: $.15 per square foot

343

of permitted living area.

344

345

"Living area" means that area of any structure that is covered by

346

a roof. "Permitted living area" means 25 percent of the area

347

covered by the individual lots.

348

     (3) For the purposes of this section, each unit of any

349

multifamily structure, whether it be a duplex, triplex,

350

cooperative apartment, or condominium or similar type of

351

structure, shall be considered a residential dwelling unit.

352

     (4) For the purposes of this section, any motel, hotel,

353

shopping center, church, nursing home, hospital, congregate

354

living facility not part of an actual residence, school,

355

fraternal lodge, veteran's lodge, or similar structure shall be

356

considered a commercial structure.

357

     (5) Impact fees for capital improvement collected by the

358

district pursuant to this section shall be kept and maintained as

359

a separate fund from other revenues of the district and shall be

360

used exclusively for the acquisition, purchase, or construction

361

of new facilities and equipment, or portions thereof, required to

362

provide fire protection and related emergency medical services to

363

new construction. "New facilities and equipment" means buildings

364

and capital equipment, including, but not limited to, such fire

365

and emergency vehicles and communications equipment as may from

366

time to time be deemed necessary by the district to provide fire

367

protection and related emergency medical services to the areas of

368

new construction.

369

     (6) The impact fees for capital improvement collected

370

hereunder shall not be used for the acquisition, purchase, or

371

construction of facilities or equipment that must be obtained in

372

any event to meet the needs of the district, regardless of growth

373

within the district.

374

     (7) The Broward Fire Board shall maintain adequate records

375

to ensure that impact fees for capital improvement collected

376

hereunder are expanded only for permissible new facilities or

377

equipment.

378

     (8) The Broward Fire Board shall determine the maximum

379

amount of impact fees to be assessed in any one fiscal year. This

380

determination shall be made prior to the immediately succeeding

381

fiscal year. However, should the Broward Fire Board authorize the

382

collection of impact fees in an amount less than the maximum

383

specified in this act, then these fees shall be uniform in each

384

type of new construction subject to the fee. The Broward Fire

385

Board's determination of the amount of the impact fee to be

386

assessed in any one fiscal year shall be based on the

387

requirements set forth in this section.

388

     (9) The impact fee for capital improvement called for in

389

this section may be reduced by 50 percent if the owner of the

390

permitted structure will install fire sprinklers in accordance

391

with NFPA Pamphlets 13 and 13D. Only full sprinkler coverage is

392

acceptable for this reduction.

393

     Section 9. Elections.--

394

     (1) When a referendum or special election is required under

395

the provisions of this act, the district shall reimburse the

396

county for the costs of such election.

397

     (2) The procedures for conducting any district elections or

398

referendum required and the qualifications of any elector of the

399

district shall be as set forth in chapters 189 and 191, Florida

400

Statutes, except as provided herein.

401

     Section 10. Eminent domain.--Within the jurisdictional

402

portion of the district, the district shall have the authority to

403

exercise the power of eminent domain, pursuant to chapters 73,

404

74, and 191, Florida Statutes, over any property located within

405

the jurisdictional portion of the district, except municipal,

406

county, state, or federal property, for the purposes of acquiring

407

property for the location of a fire station. The location and

408

construction of fire stations shall comply with applicable

409

Broward County and municipal ordinances.

410

     Section 11. Miscellaneous.--

411

     (1) All contracts, obligations, rules, resolutions, or

412

policies of any nature existing on the date of enactment of this

413

act shall remain in full force and effect, and this act shall in

414

no way affect the validity of such contracts, obligations, rules,

415

resolutions, or policies.

416

     (2) Requirements for financial disclosure, meeting notices,

417

reporting, public records maintenance, and planning shall be as

418

set in chapters 189, 191, and 286, Florida Statutes, as they may

419

be amended from time to time.

420

     (3) The Charter of the Broward Urban Independent Fire

421

District may be amended by special act of the Legislature.

422

     (4) In the event any section or provision of this act is

423

determined to be invalid or unenforceable, such determination

424

shall not affect the validity and enforceability of each other

425

section and provision of this act.

426

     Section 12. The Broward Independent Urban Fire District

427

shall begin operations and provision of services upon lands

428

within a local government complying with the procedures in

429

section 4 of this act.

430

     Section 13. This act shall terminate and be of no force and

431

effect if neither Broward County nor any municipality within

432

Broward County passes a resolution, within 5 years after the

433

effective date of this act, as provided in section 4 of this act.

434

     Section 14. This act, except for this section and section

435

15, which shall take effect upon becoming a law, shall take

436

effect only if it is approved by a majority vote of those

437

qualified electors of Broward County voting in a referendum to be

438

called by the Supervisor of Elections of Broward County on

439

November 4, 2008, in accordance with the provisions of law

440

relating to elections currently enforced in Broward County. In

441

this election, procedures prescribed in sections 101.6101-

442

101.6107, Florida Statues, may not be used. The ballot language

443

of the title and question shall be as follows:

444

445

Shall lands within Broward County be served by the Broward

446

Independent Fire District?

447

448

Shall there be created the Broward Independent Fire District to

449

provide fire and rescue services to certain lands and residents

450

within those lands, where the municipal government for the lands

451

has agreed to join the district?

452

453

The district may charge user fees, impact fees, special

454

assessments, and levy property taxes up to 3.75 mills on

455

jurisdictional lands, and shall provide one standard for fire and

456

rescue services to be provided by the closest responder,

457

regardless of municipal boundaries within its jurisdiction.

458

459

Yes ___

460

No ___

461

     Section 15.  This act shall take effect upon approval by a

462

majority vote of those qualified electors of Broward County

463

voting in a referendum to be called by the Supervisor of

464

Elections of Broward County on November 4, 2008, except that this

465

section and section 14 shall take effect upon becoming a law.