HB 1147

1	A bill to be entitled
2	An act relating to the Spring Hill Fire Rescue and
3	Emergency Medical Services District, Hernando County;
4	creating a special district; providing definitions;
5	providing for creation, status, charter amendments,
6	boundaries, and purposes; providing for a board of
7	commissioners; providing for election and terms of
8	commissioners; providing for employment of district
9	personnel; providing for election of board officers;
10	providing for compensation, oath, and bonds of
11	commissioners; providing for powers, duties, and
12	responsibilities of the board; providing for ad valorem
13	taxes; providing a cap on the rate of taxation; providing
14	for user charges; providing for impact fees; providing for
15	authority to disburse funds; authorizing the board to
16	borrow money; providing for use of district funds;
17	requiring a record of all board meetings; authorizing the
18	board to adopt policies and regulations; providing for the
19	board to make an annual budget; requiring an annual
20	report; authorizing the board to enact fire prevention
21	ordinances; authorizing the district to appoint a fire
22	marshal; authorizing the district to conduct inspections
23	and establish and operate fire, rescue, and emergency
24	medical services; providing for district authority upon
25	annexation of district lands; providing for dissolution;
26	providing immunity from tort liability for officers,
27	agents, and employees; providing for district expansion;
28	providing for construction and effect; providing for an
29	exclusive charter; requiring a referendum; providing an
30	effective date.
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1.  Definitions.--As used in this act, unless
35	otherwise specified:
36	(1)  "Board" means the board of fire commissioners created
37	pursuant to this act and chapter 191, Florida Statutes.
38	(2)  "Fire commissioner" means a member of the Board of
39	Fire Commissioners of the Spring Hill Fire Rescue and Emergency
40	Medical Services District.
41	(3)  "District" means the Spring Hill Fire Rescue and
42	Emergency Medical Services District.
43	(4)  "Board of directors" means the existing policymaking
44	and governing body of the Spring Hill Fire Rescue and Emergency
45	Services District of Hernando County.
46	(5)  "Director" means a member of the board of fire
47	commissioners.
48	(6)  "Residence" means one single-family dwelling,
49	including one single-apartment dwelling unit; one single-
50	condominium dwelling unit; one single duplex, triplex, or other
51	attached dwelling unit; one single-family detached dwelling
52	unit; or one single mobile or modular home dwelling unit.
53	(7)  "Business" means motels, apartments, or rental
54	dwellings, along with other standard commercial or industrial
55	businesses such as gasoline stations, stores, marinas, and
56	similar establishments, as authorized pursuant to the applicable
57	local government comprehensive plan, whether or not such
58	businesses are required to pay or collect sales taxes.
59	Section 2.  Creation; status; charter amendments;
60	boundaries; district purposes.--
61	(1)  There is hereby created an independent special fire
62	control district incorporating lands in Hernando County
63	described in subsection (2), which shall be a public corporation
64	having the powers, duties, obligations, and immunities herein
65	set forth under the name of the Spring Hill Fire Rescue and
66	Emergency Medical Services District. The district is organized
67	and exists for all purposes and shall hold all powers set forth
68	in this act and chapters 189 and 191, Florida Statutes.
69	(2)  The lands to be included within the district are the
70	following described lands of Spring Hill, in Hernando County, to
71	wit:
72	For a Point of Beginning (P.O.B.), commence at the
73	intersection of the East Section line of Section 34,
74	Township 23, Range 18 East projected South and the
75	Centerline of the Right-of-Way of County Line Road.
76
77	Thence; Go Northerly along the aforementioned East
78	Section line of Section 34, Township 23, Range 18
79	East, Section 27, Township 23, Range 18 East.
80
81	Thence; East along the North Section line of Section
82	26, Township 23, Range 18 East, terminating at the
83	North East comer of the West V2 of Section 26,
84	Township 23, Range 18 East.
85
86	Thence; Northerly along the East Section line of the
87	West 1/2 of Section 23, Township 23, Range 18 East
88	terminating at the intersection of that line and the
89	centerline of the Right-of-Way of Spring Hill Drive.
90
91	Thence; Easterly along the centerline of the Right-of-
92	Way of Spring Hill Drive to a point of intersection
93	constructed by extending the East boundary of Candy
94	Road, in a Southerly direction.
95
96	Thence; Northerly along the Eastern boundary of Candy
97	Lane to the limits of the plat of Quail Meadows, Phase
98	I.
99
100	Thence; Southwesterly along the rear property lines of
101	Lots 13-22 inclusive of Quail Meadows, Phase I, to the
102	Northern boundary of Atwater Drive.
103
104	Thence; Westerly along said Northern boundary of
105	Atwater Drive to the limits of the plat of Quail
106	Meadows, Phase I, said point being the West Section
107	line of Section 13, Township 23 South, Range 18 East.
108
109	Thence; Northerly along said West Section line to the
110	North.
111
112	Thence; Northerly along the aforementioned West
113	Section line to a point of intersection with the
114	centerline of Powell Road and said Section line.
115
116	Thence; Westerly along Powell Rd. to a point of
117	intersection with the East line of the West 1/2 of
118	Section 10, Township 23 South, Range 18 East.
119
120	Thence; Northerly along aforementioned Section line
121	commencing at the North line of said Section 10,
122	Township 23 South, Range 18 East.
123
124	Thence; Westerly along the North Section line of
125	Section 10, Township 23 South, Range 18 East
126	continuing Westerly along the South Section line of
127	Section 4, Township 23 South, Range 18 East;
128	terminating at a point, constructed by the
129	intersection of said Section line and the East
130	Boundary line of Spring Hill Unit 18-2; Plat Book 17,
131	Page 30, sheet 2 of 6 as recorded in the Public
132	Records of Hernando County;
133
134	Thence; Northerly-along the East Boundary line of the
135	aforementioned Plat Book 17, Page 30;
136
137	Thence; Northerly along the East Boundary line of Plat
138	Book #17, Page 69 as recorded in Hernando County
139	Public Record. (To PB9-65-80)
140
141	Thence: Northerly along the East Boundary line as
142	shown in Plat Book 9, Page 69, Spring Hill Unit 20.
143
144	Thence; Easterly along the South Boundary line as
145	shown in Plat Book 9, Sheet 9, of Spring Hill Unit 20.
146
147	Thence; Run Northerly along the West Right-of-Way line
148	of the Florida Power Corporation Easement as shown on
149	Sheet 9, Sheet 10, and Sheet 12, Plat Book 9; Spring
150	Hill Unit 20, as recorded in Hernando County Public
151	Records.
152
153	Thence; Run $89°38'00"W, a distance of 377.25 feet
154	from the North East corner of the Platted Boundary as
155	recorded in Plat Book 9, Page 76.
156
157	Thence; N00°07'10"W, a distance of 944.51 feet,
158
159	Thence; N89°44'10"W, a distance of 1,324.27 feet
160
161	Thence; N00°06'I2"E; 942.14 feet along the East line
162	of the West 1/2 of Section 33, Township 22 South,
163	Range 18 East.
164
165	Thence; N00°05'42"W, 1,848.49 feet to the South Right-
166	of-Way line of State Road #50.
167
168	Thence; Westerly along the South Right-of-Way line of
169	State Road #50; $89°31'17"W a distance of 1,322.86
170	feet.
171
172	Thence; S00°02'58"E, a distance of 916.82 feet;
173	$89°50'34"W, a distance of 1,323.56 feet; S00°00'12"E,
174	a distance of 909.40 feet to the Centerline of the
175	Florida Power Corp. Right-of-way.
176
177	Thence; Westerly along the South centerline of a
178	Florida Power Right-of-Way line as described in O.R.
179	Book #713, Pages 20 & 22. (Attached)
180
181	Thence; Northerly along the West Boundary line of
182	aforementioned O.R. Book #713, to the South Right-of-
183	Way line of State Road #50.
184
185	Thence; Approximately 1,015.00 feet, Westerly along
186	the South Right-of-Way line of State Road #50.
187
188	Thence; South approximately 750.00 feet.
189
190	Thence; West approximately 2,500.00 feet.
191
192	Thence; North approximately 750 feet to the South
193	Right-of-Way line of State Road #50.
194
195	Thence; In a Westerly direction follow the South
196	Right-of-Way line of State Road #50 to the
197	intersection of said line and the East Section line of
198	Section 2, Township 23 South, Range 17 East.
199
200	Thence; Run Southerly along the aforementioned East
201	Section line to the North Boundary line of Spring Hill
202	Unit 22, Replat, Block 1484, Plat Book 12, Page 81, as
203	recorded in Hernando County Public Records.
204
205	Thence; Westerly along the aforementioned Boundary
206	line to the East Right-of-Way line of U.S. 19.
207
208	Thence; Southerly along the East Right of Way line of
209	U.S. 19, to the Centerline of the Right-of-Way of
210	Northcliffe Boulevard.
211
212	Thence; Southerly along the centerline of the Right-
213	of-Way of Northcliffe Boulevard to the West Boundary
214	line of Spring Hill Unit #26.
215
216	Thence; Southerly along the West Boundary line of
217	Spring Hill Unit #26, commencing at the South Section
218	line of Section 10, Township 23 South, Range 117 East.
219
220	Thence; West along the aforementioned South Section
221	line, Westerly to the centerline of the Right-of-Way
222	of U.S. 19.
223
224	Thence; South along the centerline of the Right-of-Way
225	of U.S. I9 to a point, constructed by extending the
226	Centerline of Greenleaf Way and the aforementioned
227	centerline of Right-of-Way of U.S. 19.
228
229	Thence; Westerly from said point to the West Boundary
230	line of Weeki Wachee Woodlands Unit 2, Plat Book #7,
231	Page 10.
232
233	Thence; Southerly along the said West Boundary line to
234	the North Boundary line of Weeki Wachee Acres Unit 2,
235	Plat Book 6; Page 46;
236
237	Thence; Westerly along aforementioned North Boundary
238	line;
239
240	Thence; Southerly along the West Boundary line of
241	aforementioned Weeki Wachee Acres Unit 2;
242
243	Thence; 240.00 feet East, to the centerline of the
244	Right-of-Way of U.S. 19.
245
246	Thence; South along the centerline of the Right-of-Way
247	of U.S. 19 to the Intersection of said Right-of-Way
248	and Trenton Avenue.
249
250	Thence; Southerly along Trenton Avenue to a point on
251	the South Section line of Section 20, Township 23
252	South, Range 17 East;
253
254	Thence; Westerly along said Section line to the
255	centerline of the Right-of-Way of U.S. 19.
256
257	Thence; South along the centerline of the Right-of-Way
258	of U.S. 19, to a point of Intersection with the North
259	Boundary line of South Hernando U.S. 19, Commerce
260	Center; Plat Book #17, Pages 11 through 15.
261
262	Thence; West from the aforementioned point; to the
263	West Boundary line of South Hernando U.S. 19, Commerce
264	Center.
265
266	Thence; Southerly along the West Boundary line, to the
267	S.W. corner of aforementioned Plat;
268
269	Thence: Easterly to the centerline of the Right-of-Way
270	of U.S. 19.
271
272	Thence; South along the centerline of the Right-of-Way
273	of U.S. 19, to a point of intersection with the North
274	Boundary of South Hernando U.S. 19 Commerce Center
275	Plat Book #17, Pages 11 thru 16.
276
277	Thence; Westerly from said point, along the North
278	Boundary line.
279
280	Thence; Southerly along the West Boundary line of the
281	aforementioned Plat;
282
283	Thence; Easterly along the South Boundary line of said
284	Plat terminating at the centerline of the Right-of-Way
285	of U.S. #19.
286
287	Thence; Southerly along the centerline of the Right-
288	of-Way of U.S. 19 terminating at the Intersection of
289	said Right-of-Way and the centerline of the Right-of-
290	Way of County Line Road.
291
292	Thence; Easterly from aforementioned said point along
293	the centerline of the Right-of-Way of County Line
294	Road.
295
296	Thence; Easterly, from the aforementioned terminus,
297	along the centerline of the Right-of-Way of County
298	Line Road, to a point of Intersection of the West
299	Boundary line of Arkays Park Subdivision.
300
301	Thence; Northerly along the aforementioned West
302	Boundary line.
303
304	Thence; Easterly along the aforementioned North
305	Boundary line,
306
307	Thence; Southerly along the East Boundary line of the
308	aforementioned Plat terminating at the intersection of
309	that line and the centerline of the Right-of-Way of
310	County Line Road.
311
312	Thence; Easterly, from that terminus point, along the
313	centerline of the Right-of-Way of County Line Road and
314	returning to the Point of Beginning. P.O.B.
315
316	LESS:
317
318	West 11.5A of Northwest 1/4 of Northwest 1/4 Section
319	4, Township 23, Range 8
320
321	Southwest 1/4 of Southwest 1/4 less North 292 feet of
322	East 825 feet, Section29, Township 23, Range 17
323
324	5 acres in Northwest 1/4 of Northeast 1/4 of Section
325	32, Township 23, Range17
326
327	(3)  The Spring Hill Fire Rescue and Emergency Medical
328	Services District is organized and exists for all purposes set
329	forth in this act and chapter 191, Florida Statutes, including,
330	but not limited to, providing fire protection and firefighting
331	services, rescue services, and emergency medical services. Such
332	emergency medical services shall not be the primary function of
333	the district. The district shall have all other powers necessary
334	to carry out these purposes, including the authority to contract
335	with the Spring Hill Fire Rescue District, which currently
336	provides fire, rescue, and emergency medical services within the
337	district boundaries; to purchase all necessary real and personal
338	property; to purchase and carry standard insurance policies on
339	all such equipment; to employ such personnel as may be necessary
340	to carry out the purpose of said fire district; to provide
341	adequate insurance for said employees; to purchase and carry
342	appropriate insurance for the protection of all firefighters and
343	personnel as well as all equipment and personal property on loan
344	to the district; to sell surplus real and personal property in
345	the same manner and subject to the same restrictions as provided
346	for such sales by counties; and to enter into contracts with
347	qualified service providers to carry out the purposes of the
348	district.
349	(4)  Nothing herein shall prevent the district from
350	cooperating with the state or other local governments to render
351	such services to communities adjacent to the land described in
352	this section as evidenced by an executed agreement between the
353	cooperating agencies as approved by the board.
354	(5)  The district charter may be amended only by special
355	act of the Legislature.
356	Section 3.  Board of fire commissioners.--
357	(1)  Pursuant to chapter 191, Florida Statutes, the
358	business and affairs of the district shall be governed and
359	administered by a board of five fire commissioners, who shall be
360	qualified electors residing within the district and shall be
361	elected by the qualified electors residing within the district,
362	subject to the provisions of chapters 189 and 191, Florida
363	Statutes, and this act. Each commissioner shall hold office
364	until his or her successor is elected and qualified under the
365	provisions of this act. The procedures for conducting district
366	elections and for qualification of candidates and electors shall
367	be pursuant to chapters 189 and 191, Florida Statutes. The
368	members of the board shall serve on a nonpartisan basis.
369	(2)  The five fire commissioners shall hold their
370	respective seats on the Board of Fire Commissioners of the
371	Spring Hill Fire Rescue and Emergency Medical Services District
372	for terms of 4 years each and shall be elected by a majority
373	vote of the qualified electors of the district voting at a
374	general election, provided that the fire commissioners holding
375	seats on the effective date of this act shall continue to hold
376	their respective seats for the remainder of their terms or until
377	their successors are elected and qualified, whichever occurs
378	first. Any commissioner may be a candidate to succeed himself or
379	herself.
380	(3)  Vacancies in office shall be filled by election, said
381	election to be held coincidental with the next countywide
382	general election to fill the remaining term of the seat vacated.
383	The board of fire commissioners may appoint a qualified elector
384	of the district to act as fire commissioner until the vacancy is
385	filled by election. A fire commissioner may be removed from
386	office as provided by chapter 191, Florida Statutes, or for any
387	reason that a state or county officer may be removed.
388	(4)  All elections shall be noticed, called, and held
389	pursuant to the provisions of the general laws of the state. The
390	board shall, to the extent possible, coordinate all elections
391	with countywide general or special elections in order to
392	minimize cost. Elections shall be called through the adoption of
393	an appropriate resolution of the district directed to the Board
394	of County Commissioners of Hernando County, the Supervisor of
395	Elections of Hernando County, and other appropriate officers of
396	the county. The district shall reimburse county government for
397	the actual cost of district elections. No fire commissioner
398	shall be a paid employee of the district while holding said
399	position.
400	(5)  The board may employ such personnel as deemed
401	necessary for the proper function and operation of the district.
402	(6)  The salaries of district personnel and any other wages
403	shall be determined by the board.
404	Section 4.  Officers; board compensation; bond.--
405	(1)  In accordance with chapter 191, Florida Statutes, each
406	elected member of the board shall assume office 10 days after
407	the member's election. Within 60 days after election of new
408	members of said board as herein provided, the newly elected
409	members shall organize by electing from their number a chair,
410	vice chair, secretary, and treasurer. However, the same member
411	may be both secretary and treasurer, in accordance with chapter
412	191, Florida Statutes.
413	(2)  Three members of the board shall constitute a quorum.
414	A quorum shall be necessary for the transaction of business.
415	(3)  The fire commissioners may receive reimbursement for
416	actual expenses incurred while performing the duties of their
417	offices in accordance with general law governing per diem for
418	public officials. Each fire commissioner may receive from the
419	funds of the district compensation for his or her services in
420	accordance with chapter 191, Florida Statutes.
421	(4)  Each fire commissioner upon taking office shall take
422	and subscribe to the oath of office prescribed by s. 5(b), Art.
423	II of the State Constitution and general law. Upon taking office
424	and in accordance with chapters 189 and 191, Florida Statutes,
425	each fire commissioner shall execute to the Governor, for the
426	benefit of the district, a bond of $5,000 with a qualified
427	personal or corporate surety, conditioned upon the faithful
428	performance of the duties of the fire commissioner's office and
429	upon an accounting for all funds that come into his or her hands
430	as fire commissioner. The premium for such bonds shall be paid
431	from district funds.
432	Section 5.  Powers; duties; responsibilities.--
433	(1)  The district shall have and the board may exercise by
434	majority vote all of the powers and comply with the duties set
435	forth in this act and chapters 189, 191, and 197, Florida
436	Statutes, including, but not limited to, ad valorem taxation,
437	special assessments, bond issuance, and other revenue
438	capabilities; budget preparation and approval; liens and
439	foreclosure of liens; use of tax deeds and tax certificates as
440	appropriate from non-ad valorem assessments; contractual
441	agreements; and the adoption of ordinances and resolutions that
442	are necessary to conduct district business if such ordinances do
443	not conflict with any ordinance of a local general-purpose
444	government within whose jurisdiction the district is located.
445	(2)  The board shall have the right, power, and authority
446	to levy annually ad valorem taxes against the taxable property
447	within the district to provide funds for the purposes of the
448	district in an amount not to exceed the limit provided in
449	chapter 191, Florida Statues.
450	(3)  The methods for assessing and collecting ad valorem
451	taxes, special assessment fees, services charges, impact fees,
452	or user charges shall be as set forth in this act and chapter
453	170, chapter 189, chapter 191, chapter 197, or chapter 200,
454	Florida Statues.
455	(4)  The district shall levy and collect special
456	assessments in accordance with chapter 200, Florida Statutes.
457	(5)  The district's planning requirements shall be as set
458	forth in this act and chapters 189 and 191, Florida Statutes.
459	(6)  Requirements for financial disclosure, meeting
460	notices, reporting, public records maintenance, and per diem
461	expenses for officers and employees shall be as set forth in
462	this act and chapters 112, 119, 189, 191, and 286, Florida
463	Statutes.
464	Section 6.  Ad valorem taxes.--
465	(1)  The board shall have the authority to levy ad valorem
466	taxes annually against all taxable property within the district
467	to provide funds for the purposes of the district only upon the
468	approval by a majority vote of those qualified electors of the
469	district voting in a referendum election authorizing the use of
470	ad valorem taxation not to exceed 2.75 mills.
471	(2)  A referendum election of the electors of the district
472	to authorize the use of ad valorem taxation not to exceed 2.75
473	mills shall be held by the supervisor of elections at the next
474	available general election immediately after the adoption of
475	this act in accordance with the provisions of general law
476	relating to elections.
477	(3)  Upon the approval of a majority of the electors voting
478	at the initial election or at an election called by the board,
479	the rate of taxation shall thereafter be fixed annually by
480	resolution of the board without further approval by the
481	electors, provided the rate of taxation shall not exceed 2.75
482	mills. The board shall have the authority to increase the
483	millage rate above 2.75 mills only if a majority of the electors
484	voting in a referendum election approve the increased millage
485	rate in an amount not to exceed the limit provided in chapter
486	191, Florida Statutes.
487	(4)  The levy and collection of ad valorem taxes shall
488	proceed pursuant to general law.
489	Section 7.  User charges.--The board shall have the
490	authority to provide a reasonable schedule of charges for
491	providing the following services:
492	(1)  Special emergency services, including firefighting
493	occurring in or to structures outside the district, motor
494	vehicles, marine vessels, or aircraft or as a result of the
495	operation of such motor vessels or marine vessels to which the
496	district is called to render such emergency service.
497	(2)  Fighting fires occurring in or at refuse dumps or as a
498	result of an illegal burn, which fire, dump, or burn is not
499	authorized by general or special law, rule, regulation, order,
500	or ordinance and which the district is called upon to fight or
501	extinguish.
502	(3)  Responding to or assisting or mitigating emergencies
503	that either threaten or could threaten the health and safety of
504	persons, property, or the environment to which the district has
505	been called, including charges for responding to false alarms.
506	(4)  Inspecting structures, plans, and equipment to
507	determine compliance with fire safety codes.
508	Section 8.  Impact fees.--
509	(1)  Pursuant to section 191.009(4), Florida Statutes, it
510	is hereby declared that the cost of new facilities should be
511	borne by new users of the district's services to the extent new
512	construction requires new facilities, but only to that extent.
513	It is the legislative intent of this section to transfer to the
514	new users of the district's fire protection and emergency
515	services a fair share of the costs that new users impose on the
516	district for new facilities. This shall only apply in the event
517	that the general-purpose local government in which the district
518	is located has not adopted an impact fee for fire services that
519	is distributed to the district for construction within its
520	jurisdictional boundaries.
521	(2)  The impact fees collected by the district pursuant to
522	this section shall be kept as a separate fund from other
523	revenues of the district and shall be used exclusively for the
524	acquisition, purchase, or construction of new facilities or
525	portions thereof required to provide fire protection and
526	emergency services to new construction. "New facilities" means
527	land, buildings, and capital equipment, including, but not
528	limited to, fire and emergency vehicles and radio telemetry
529	equipment. The fees shall not be used for the acquisition,
530	purchase, or construction of facilities that must be obtained in
531	any event, regardless of growth within the district. The board
532	of fire commissioners shall maintain adequate records to ensure
533	that impact fees are expended only for permissible new
534	facilities.
535	Section 9.  Special assessments.--
536	(1)  The board shall have the right, power, and authority
537	to levy special assessments against the taxable real estate
538	within the district, including homestead property otherwise
539	exempt from taxation, to provide funds for the purpose of the
540	district. In so doing, the district shall establish a schedule
541	of land-use classifications and a special assessment for each
542	land-use classified. The schedule of land-use classifications
543	shall be established in the manner prescribed in subsection (2).
544	(2)  The Board of Fire Commissioners of the Spring Hill
545	Fire Rescue and Emergency Medical Services District shall fix an
546	assessment schedule indicating land-use classifications and the
547	applicable assessment rate for each land-use classified, by
548	resolution, subsequent to April 1 of each year. If the
549	assessment schedule contains no new land-use classification and
550	no increases in the rate of assessment, the assessment shall be
551	effective for the next calendar year after the passage of the
552	resolution without the necessity of a referendum. If, however,
553	the assessment schedule contains any new land-use classification
554	or any increase in the assessment rate of any land-use
555	classified, the board of fire commissioners shall submit their
556	resolution to the electors residing in the district in
557	accordance with law and if a majority of electors voting in such
558	a referendum election approve, the assessment schedule shall be
559	effective for the next calendar year subsequent to the
560	referendum.
561	(3)  The board of fire commissioners of the district shall,
562	on or before September 10 of each year, prepare and complete a
563	special assessment roll showing the assessment rate for each
564	parcel of real estate situated in the district.
565	(4)  The board of fire commissioners may, in any year, by
566	resolution, change the date on which the assessment schedule is
567	to be fixed and the date on which the final assessment roll is
568	to be adopted, provided that, in the event of any such change of
569	date, the board shall cause a notice to be published in a
570	newspaper in Hernando County, one time, said notice to be
571	published at least 10 days prior to the date on which it is
572	proposed to fix the rate of assessment.
573	(5)  Any property owner in the district may, during the
574	period between November 5 and November 15 of any year, file a
575	protest in writing with the board of fire commissioners against
576	the assessment paid by him or her and appear before the board in
577	support of such protest. The board shall hold such meeting as
578	may be necessary after said period to consider any such protest
579	and to make any such adjustment, refund, or denial as it may
580	determine fair, equitable, and proper.
581	Section 10.  Property appraiser.--
582	(1)  The Hernando County Property Appraiser shall furnish
583	the commissioners a tax roll covering all taxable properties
584	within the district on or before July 1 of each year.
585	(2)  The Hernando County Property Appraiser shall include
586	in the Hernando County tax roll the assessments made by the
587	board, and the same shall be collected in the nature as provided
588	for by this act and paid over by the Hernando County Tax
589	Collector to the board.
590	(3)  The Hernando County Property Appraiser shall be
591	reimbursed for assessing such special assessments in the manner
592	and amount authorized by general law, and the Hernando County
593	Tax Collector shall receive a commission or fee of 3 percent for
594	collection of such special assessments.
595	Section 11.  Special assessment as a lien.--The special
596	assessment levied and assessed by the district shall be a lien
597	upon the property so assessed along with the county taxes
598	assessed against such property until said assessments and taxes
599	have been paid, and if the special assessment levied by the
600	district becomes delinquent, such special assessment shall be
601	considered a part of the county tax subject to the same
602	penalties, charges, fees, and remedies for enforcement and
603	collection of such taxes.
604	Section 12.  Deposit of special assessments; fees;
605	authority to disburse funds.--
606	(1)  The proceeds of the assessments and funds of the
607	district shall be deposited in qualified public depositories, in
608	accordance with chapters 191 and 280, Florida Statutes, in the
609	name of the district in a bank authorized to receive deposits of
610	district funds. The bank shall be designated by a resolution of
611	the board.
612	(2)  All warrants for the payment of labor, equipment, and
613	other expenses of the board, and in carrying into effect this
614	act and the purpose thereof, shall be payable by the treasurer
615	of the board on accounts and vouchers approved and authorized by
616	the board. No funds of the district shall be paid out or
617	disbursed except by check signed by the treasurer of the board
618	and either the chair or vice chair of the board.
619	Section 13.  Authority to borrow money.--
620	(1)  The board of fire commissioners shall have the power
621	and authority to borrow money or issue other evidences of
622	indebtedness for the purposes of the district in accordance with
623	chapters 189 and 191, Florida Statutes, provided, however, that
624	the total payments in any 1 year, including principal and
625	interest, on any indebtedness incurred by the district shall not
626	exceed 50 percent of the total annual budgeted revenues of the
627	district.
628	(2)  The board of fire commissioners as a body, or any of
629	the members of the board as individuals, shall not be personally
630	or individually liable for the repayment of such loan. Such
631	repayment shall be made out of the receipts of the district,
632	except as provided in this subsection. The fire commissioners
633	shall not create any indebtedness or incur obligations for any
634	sum or amount that they are unable to repay out of district
635	funds available to them at that time, except as otherwise
636	provided in this act, provided, however, that the fire
637	commissioners may make purchases of equipment on an installment
638	basis as necessary if funds are available for the payment of the
639	current year's installment on such equipment plus the amount due
640	in that year on any other installments and the repayment of any
641	bank loan or other existing indebtedness that may be due that
642	year.
643	Section 14.  Use of district funds.--No funds of the
644	district shall be used for any purposes other than the
645	administration of the affairs and business of the district; the
646	payment of salaries and expenses to fire commissioners; the
647	construction, care, maintenance, upkeep, operation, and purchase
648	of firefighting and rescue equipment or a fire station or
649	emergency medical station; the payment of public utilities; the
650	payment of salaries of district personnel; the payment of
651	expenses of volunteers; the payment to the Spring Hill Fire
652	Rescue District; and such other payment and expenses as the
653	board may from time to time determine to be necessary for the
654	operations and effectiveness of the district.
655	Section 15.  Record of board meetings; authority to adopt
656	rules and regulations; annual reports; budget.--
657	(1)  A record shall be kept of all meetings of the board,
658	and in such meetings concurrence of a majority of the fire
659	commissioners present shall be necessary to any affirmative
660	action by the board.
661	(2)  The board shall have the authority to adopt and amend
662	policies and regulations for the administration of the affairs
663	of the district under the terms of this act and chapters 189 and
664	191, Florida Statues, which shall include, but not be limited
665	to, the authority to adopt the necessary rules and regulations
666	for the administration and supervision of the property and
667	personnel of the district; for the prevention of fires, fire
668	control, fire hydrant placement, and flow testing in accordance
669	with current NFPA rules; and for rescue work within the
670	district.
671	(3)  The board of fire commissioners shall have the
672	authority to adopt uniform fire prevention ordinances. Such
673	ordinances shall be signed, dated, and recorded with the Clerk
674	of the Court of Hernando County and published as provided by
675	state law. Ordinances shall be effective after publication,
676	which constitutes legal notice of same.
677	(4)  The board shall, on or before November l, make an
678	annual report of its actions and accounting of its funds as of
679	September of that year and shall file said report in the office
680	of the Clerk of the Circuit Court of Hernando County, whose duty
681	it shall be to receive and file said report and hold and keep
682	the same as a public record.
683	(5)  For the purposes of carrying into effect this act, the
684	board shall annually prepare, consider, and adopt a district
685	budget pursuant to the applicable requirements of chapters 189
686	and 191, Florida Statutes. The board shall, at the same time as
687	it makes its annual report, file its estimated budget for the
688	fiscal year beginning October 1, which budget shall show the
689	estimated revenue to be received by the district and the
690	estimated expenditures to be incurred by the district in
691	carrying out its operations. The fire commissioners shall adopt
692	a fiscal year for said fire district, which shall be October 1
693	to September 30.
694	Section 16.  Authority to enact fire prevention ordinances
695	and enter land; authority to provide fire, rescue, and emergency
696	medical services.--
697	(1)  The board of fire commissioners shall have the right
698	and power to enact fire prevention ordinances as provided by
699	general law. When the provisions of such fire prevention
700	ordinances are determined by the board to be violated, the
701	office of the state attorney, upon written notice of such
702	violation issued by the board, is authorized to prosecute such
703	person or persons held to be in violation thereof. Any person
704	found guilty of a violation may be punished as provided in
705	chapter 775, Florida Statutes, as a misdemeanor of the second
706	degree. The cost of such prosecution shall be paid out of the
707	district funds, unless otherwise provided by law. The district
708	shall have the authority to appoint a fire marshal, who may be a
709	member of the Spring Hill Fire Rescue and Emergency Medical
710	Services District, to carry out the responsibilities of the
711	district fire marshal.
712	(2)  The fire marshal or duly authorized inspector shall be
713	authorized to enter, at all reasonable hours, any building or
714	premises for the purpose of making any inspection or
715	investigation which the State Fire Marshal is authorized to make
716	pursuant to state law and regulation. The owner, lessee,
717	manager, or operator of any building or premises shall permit
718	the district fire marshal or duly authorized inspector to enter
719	and inspect the building or premises at all reasonable hours.
720	The fire marshal or duly authorized inspector shall report any
721	violations of state fire safety laws or regulations to the
722	appropriate officials.
723	(3)  The district is authorized to establish and maintain
724	emergency medical and rescue response services and acquire and
725	maintain rescue, medical, and other emergency equipment, subject
726	to the provisions of chapter 401, Florida Statutes.
727	Section 17.  Annexations.--If any municipality or other
728	fire control district annexes any land included in the district,
729	such annexation shall follow the procedures set forth in section
730	171.093, Florida Statutes.
731	Section 18.  Dissolution.--The district shall exist until
732	dissolved in the same manner as it was created.
733	Section 19.  Immunity from tort liability.--
734	(1)  The district and its officers, agents, and employees
735	shall have the same immunity from tort liability as other
736	agencies and subdivisions of the state. The provisions of
737	chapter 768, Florida Statutes, shall apply to all claims
738	asserted against the district.
739	(2)  The district fire commissioners and all officers,
740	agents, and employees of the district shall have the same
741	immunity and exemption from personal liability as is provided by
742	chapter 768, Florida Statutes.
743	(3)  In accordance with chapter 768, Florida Statutes, the
744	district shall defend all claims against the fire commissioners
745	and officers, agents, and employees of the district which arise
746	within the scope of employment or purposes of the district and
747	shall pay all judgments against said persons, except where said
748	persons acted in bad faith or with malicious purpose or in a
749	manner exhibiting wanton and willful disregard of human rights,
750	safety, or property.
751	Section 20.  District expansion.--The corporate limits of
752	the Spring Hill Fire Rescue and Emergency Medical Services
753	District may be extended and enlarged from time to time pursuant
754	to the following procedure:
755	(1)(a)  A definitely described tract of land lying
756	contiguous to the boundaries of the district described in
757	section 1, or as the same may from time to time exist, or one or
758	more tracts of land lying contiguous to the boundaries, or one
759	or more tracts of land lying contiguous to each other with one
760	of the tracts lying contiguous to the boundaries of the
761	district, may be included in the district when a written
762	petition for inclusion signed by a majority of the owners of the
763	real property within the tract or tracts to be included in the
764	district has been presented to the board of fire commissioners
765	and the proposal has been approved by the affirmative vote of no
766	fewer than three members of the board of fire commissioners at a
767	regular meeting.
768	(b)  The petition must contain the legal description of the
769	property sought to be added to the district and the names and
770	addresses of the owners of the property.
771	(2)  If a proposal to add an area to the district as
772	defined in subsection (1) is approved by the affirmative vote of
773	no fewer than three members of the board of Fire Commissioners
774	at a regular meeting, the board of Fire Commissioners shall
775	thereafter adopt a resolution describing the lands to be
776	included within the district and shall cause such resolution to
777	be duly enrolled in the record of the meeting and a certified
778	copy of the resolution to be recorded in the office of the Clerk
779	of the Circuit Court in Hernando County.
780	(3)  Upon adoption of the resolution by the board, the
781	district shall, pursuant to chapter 19 I, Florida Statutes,
782	request its legislative delegation to approve said addition and
783	sponsor legislation amending the district boundary. Upon
784	approval by the Legislature, the boundary shall be amended.
785	(4)  In lieu of a petition from the property owners, the
786	Board of County Commissioners of Hernando County by affirmative
787	resolution and the Board of Commissioners of the Spring Hill
788	Fire Rescue and Emergency Medical Services District by
789	affirmative resolution may jointly request its legislative
790	delegation to approve the addition of land lying contiguous to
791	the boundaries of the district and sponsor legislation amending
792	the district boundary. Upon approval by the Legislature, the
793	boundary shall be amended.
794	Section 21.  Construction.--This act shall be construed as
795	remedial and shall be liberally construed to promote the purpose
796	for which it is intended.
797	Section 22.  Effect.--In the event that any part of this
798	act should be held void for any reason, such holding shall not
799	affect any other part thereof.
800	Section 23.  Exclusive charter.--This act constitutes the
801	exclusive charter of the Spring Hill Fire Rescue and Emergency
802	Medical Services District.
803	Section 24.  Referendum.--The provisions of section 6 that
804	authorize the levy of ad valorem taxation shall take effect only
805	upon the approval by a vote of the electors of the district as
806	may be required by the State Constitution. The Board of County
807	Commissioners of Hernando County shall call and the Supervisor
808	of Elections of Hernando County shall conduct a referendum at
809	the next election of the district or at a special election
810	called by the board for that purpose at which referendum the
811	qualified electors in the district shall approve or reject the
812	authority of the district to levy ad valorem taxes provided in
813	this act. Any subsequent increase in said tax levy may only be
814	made with the approval of the electors of the district at a
815	special election called by the board and held for that purpose.
816
817	The ballot language of the title and question shall be as
818	follows:
819	SHALL LANDS WITHIN SPRING HILL BE SERVED BY THE SPRING
820	HILL INDEPENDENT FIRE DISTRICT?
821
822	The district may charge user fees, impact fees, special
823	assessments, and levy property taxes up to 2.5 mills on
824	jurisdictional lands, and shall provide one standard for fire
825	and rescue services to be provided by the closest responder,
826	regardless of municipal boundaries within its jurisdiction.
827
828	Yes     No<
829	No
830
831	Section 25.  This act shall take effect upon becoming a
832	law, except that the provisions of section 6 that authorize the
833	levy of ad valorem taxation shall take effect only upon express
834	approval by a majority vote of those qualified electors of the
835	Spring Hill Fire Rescue and Emergency Medical Services District,
836	as required by Section 9 of Article VII of the State
837	Constitution, voting in the referendum held pursuant to section
838	24. Such election shall be held in accordance with the
839	provisions of general law relating to elections.

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