CS/HB 1147

1
A bill to be entitled
2An act relating to the Spring Hill Fire Rescue and
3Emergency Medical Services District, Hernando County;
4creating a special district; providing definitions;
5providing for creation, status, charter amendments,
6boundaries, and purposes; providing for a board of
7commissioners; providing for election and terms of
8commissioners; providing for employment of district
9personnel; providing for election of board officers;
10providing for compensation, oath, and bonds of
11commissioners; providing for powers, duties, and
12responsibilities of the board; providing for ad valorem
13taxes; providing a cap on the rate of taxation; providing
14for user charges; providing for impact fees; providing for
15authority to disburse funds; authorizing the board to
16borrow money; providing for use of district funds;
17requiring a record of all board meetings; authorizing the
18board to adopt policies and regulations; providing for the
19board to make an annual budget; requiring an annual
20report; authorizing the board to enact fire prevention
21ordinances; authorizing the district to appoint a fire
22marshal; authorizing the district to conduct inspections
23and establish and operate fire, rescue, and emergency
24medical services; providing for district authority upon
25annexation of district lands; providing for dissolution;
26providing immunity from tort liability for officers,
27agents, and employees; providing for district expansion;
28providing for construction and effect; providing for an
29exclusive charter; requiring a referendum; providing an
30effective date.
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  Definitions.--As used in this act, unless
35otherwise specified:
36     (1)  "Board" means the board of fire commissioners created
37pursuant to this act and chapter 191, Florida Statutes.
38     (2)  "Fire commissioner" means a member of the Board of
39Fire Commissioners of the Spring Hill Fire Rescue and Emergency
40Medical Services District.
41     (3)  "District" means the Spring Hill Fire Rescue and
42Emergency Medical Services District.
43     (4)  "Board of directors" means the existing policymaking
44and governing body of the Spring Hill Fire Rescue and Emergency
45Services District of Hernando County.
46     (5)  "Director" means a member of the board of fire
47commissioners.
48     (6)  "Residence" means one single-family dwelling,
49including one single-apartment dwelling unit; one single-
50condominium dwelling unit; one single duplex, triplex, or other
51attached dwelling unit; one single-family detached dwelling
52unit; or one single mobile or modular home dwelling unit.
53     (7)  "Business" means motels, apartments, or rental
54dwellings, along with other standard commercial or industrial
55businesses such as gasoline stations, stores, marinas, and
56similar establishments, as authorized pursuant to the applicable
57local government comprehensive plan, whether or not such
58businesses are required to pay or collect sales taxes.
59     Section 2.  Creation; status; charter amendments;
60boundaries; district purposes.--
61     (1)  There is hereby created an independent special fire
62control district incorporating lands in Hernando County
63described in subsection (2), which shall be a public corporation
64having the powers, duties, obligations, and immunities herein
65set forth under the name of the Spring Hill Fire Rescue and
66Emergency Medical Services District. The district is organized
67and exists for all purposes and shall hold all powers set forth
68in this act and chapters 189 and 191, Florida Statutes.
69     (2)  The lands to be included within the district are the
70following described lands of Spring Hill, in Hernando County, to
71wit:
72For a Point of Beginning (P.O.B.), commence at the
73intersection of the East Section line of Section 34,
74Township 23, Range 18 East projected South and the
75Centerline of the Right-of-Way of County Line Road.
76
77Thence; Go Northerly along the aforementioned East
78Section line of Section 34, Township 23, Range 18
79East, Section 27, Township 23, Range 18 East.
80
81Thence; East along the North Section line of Section
8226, Township 23, Range 18 East, terminating at the
83North East comer of the West V2 of Section 26,
84Township 23, Range 18 East.
85
86Thence; Northerly along the East Section line of the
87West 1/2 of Section 23, Township 23, Range 18 East
88terminating at the intersection of that line and the
89centerline of the Right-of-Way of Spring Hill Drive.
90
91Thence; Easterly along the centerline of the Right-of-
92Way of Spring Hill Drive to a point of intersection
93constructed by extending the East boundary of Candy
94Road, in a Southerly direction.
95
96Thence; Northerly along the Eastern boundary of Candy
97Lane to the limits of the plat of Quail Meadows, Phase
98I.
99
100Thence; Southwesterly along the rear property lines of
101Lots 13-22 inclusive of Quail Meadows, Phase I, to the
102Northern boundary of Atwater Drive.
103
104Thence; Westerly along said Northern boundary of
105Atwater Drive to the limits of the plat of Quail
106Meadows, Phase I, said point being the West Section
107line of Section 13, Township 23 South, Range 18 East.
108
109Thence; Northerly along said West Section line to the
110North.
111
112Thence; Northerly along the aforementioned West
113Section line to a point of intersection with the
114centerline of Powell Road and said Section line.
115
116Thence; Westerly along Powell Rd. to a point of
117intersection with the East line of the West 1/2 of
118Section 10, Township 23 South, Range 18 East.
119
120Thence; Northerly along aforementioned Section line
121commencing at the North line of said Section 10,
122Township 23 South, Range 18 East.
123
124Thence; Westerly along the North Section line of
125Section 10, Township 23 South, Range 18 East
126continuing Westerly along the South Section line of
127Section 4, Township 23 South, Range 18 East;
128terminating at a point, constructed by the
129intersection of said Section line and the East
130Boundary line of Spring Hill Unit 18-2; Plat Book 17,
131Page 30, sheet 2 of 6 as recorded in the Public
132Records of Hernando County;
133
134Thence; Northerly-along the East Boundary line of the
135aforementioned Plat Book 17, Page 30;
136
137Thence; Northerly along the East Boundary line of Plat
138Book #17, Page 69 as recorded in Hernando County
139Public Record. (To PB9-65-80)
140
141Thence: Northerly along the East Boundary line as
142shown in Plat Book 9, Page 69, Spring Hill Unit 20.
143
144Thence; Easterly along the South Boundary line as
145shown in Plat Book 9, Sheet 9, of Spring Hill Unit 20.
146
147Thence; Run Northerly along the West Right-of-Way line
148of the Florida Power Corporation Easement as shown on
149Sheet 9, Sheet 10, and Sheet 12, Plat Book 9; Spring
150Hill Unit 20, as recorded in Hernando County Public
151Records.
152
153Thence; Run $89°38'00"W, a distance of 377.25 feet
154from the North East corner of the Platted Boundary as
155recorded in Plat Book 9, Page 76.
156
157Thence; N00°07'10"W, a distance of 944.51 feet,
158
159Thence; N89°44'10"W, a distance of 1,324.27 feet
160
161Thence; N00°06'I2"E; 942.14 feet along the East line
162of the West 1/2 of Section 33, Township 22 South,
163Range 18 East.
164
165Thence; N00°05'42"W, 1,848.49 feet to the South Right-
166of-Way line of State Road #50.
167
168Thence; Westerly along the South Right-of-Way line of
169State Road #50; $89°31'17"W a distance of 1,322.86
170feet.
171
172Thence; 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,
174a distance of 909.40 feet to the Centerline of the
175Florida Power Corp. Right-of-way.
176
177Thence; Westerly along the South centerline of a
178Florida Power Right-of-Way line as described in O.R.
179Book #713, Pages 20 & 22. (Attached)
180
181Thence; Northerly along the West Boundary line of
182aforementioned O.R. Book #713, to the South Right-of-
183Way line of State Road #50.
184
185Thence; Approximately 1,015.00 feet, Westerly along
186the South Right-of-Way line of State Road #50.
187
188Thence; South approximately 750.00 feet.
189
190Thence; West approximately 2,500.00 feet.
191
192Thence; North approximately 750 feet to the South
193Right-of-Way line of State Road #50.
194
195Thence; In a Westerly direction follow the South
196Right-of-Way line of State Road #50 to the
197intersection of said line and the East Section line of
198Section 2, Township 23 South, Range 17 East.
199
200Thence; Run Southerly along the aforementioned East
201Section line to the North Boundary line of Spring Hill
202Unit 22, Replat, Block 1484, Plat Book 12, Page 81, as
203recorded in Hernando County Public Records.
204
205Thence; Westerly along the aforementioned Boundary
206line to the East Right-of-Way line of U.S. 19.
207
208Thence; Southerly along the East Right of Way line of
209U.S. 19, to the Centerline of the Right-of-Way of
210Northcliffe Boulevard.
211
212Thence; Southerly along the centerline of the Right-
213of-Way of Northcliffe Boulevard to the West Boundary
214line of Spring Hill Unit #26.
215
216Thence; Southerly along the West Boundary line of
217Spring Hill Unit #26, commencing at the South Section
218line of Section 10, Township 23 South, Range 117 East.
219
220Thence; West along the aforementioned South Section
221line, Westerly to the centerline of the Right-of-Way
222of U.S. 19.
223
224Thence; South along the centerline of the Right-of-Way
225of U.S. I9 to a point, constructed by extending the
226Centerline of Greenleaf Way and the aforementioned
227centerline of Right-of-Way of U.S. 19.
228
229Thence; Westerly from said point to the West Boundary
230line of Weeki Wachee Woodlands Unit 2, Plat Book #7,
231Page 10.
232
233Thence; Southerly along the said West Boundary line to
234the North Boundary line of Weeki Wachee Acres Unit 2,
235Plat Book 6; Page 46;
236
237Thence; Westerly along aforementioned North Boundary
238line;
239
240Thence; Southerly along the West Boundary line of
241aforementioned Weeki Wachee Acres Unit 2;
242
243Thence; 240.00 feet East, to the centerline of the
244Right-of-Way of U.S. 19.
245
246Thence; South along the centerline of the Right-of-Way
247of U.S. 19 to the Intersection of said Right-of-Way
248and Trenton Avenue.
249
250Thence; Southerly along Trenton Avenue to a point on
251the South Section line of Section 20, Township 23
252South, Range 17 East;
253
254Thence; Westerly along said Section line to the
255centerline of the Right-of-Way of U.S. 19.
256
257Thence; South along the centerline of the Right-of-Way
258of U.S. 19, to a point of Intersection with the North
259Boundary line of South Hernando U.S. 19, Commerce
260Center; Plat Book #17, Pages 11 through 15.
261
262Thence; West from the aforementioned point; to the
263West Boundary line of South Hernando U.S. 19, Commerce
264Center.
265
266Thence; Southerly along the West Boundary line, to the
267S.W. corner of aforementioned Plat;
268
269Thence: Easterly to the centerline of the Right-of-Way
270of U.S. 19.
271
272Thence; South along the centerline of the Right-of-Way
273of U.S. 19, to a point of intersection with the North
274Boundary of South Hernando U.S. 19 Commerce Center
275Plat Book #17, Pages 11 thru 16.
276
277Thence; Westerly from said point, along the North
278Boundary line.
279
280Thence; Southerly along the West Boundary line of the
281aforementioned Plat;
282
283Thence; Easterly along the South Boundary line of said
284Plat terminating at the centerline of the Right-of-Way
285of U.S. #19.
286
287Thence; Southerly along the centerline of the Right-
288of-Way of U.S. 19 terminating at the Intersection of
289said Right-of-Way and the centerline of the Right-of-
290Way of County Line Road.
291
292Thence; Easterly from aforementioned said point along
293the centerline of the Right-of-Way of County Line
294Road.
295
296Thence; Easterly, from the aforementioned terminus,
297along the centerline of the Right-of-Way of County
298Line Road, to a point of Intersection of the West
299Boundary line of Arkays Park Subdivision.
300
301Thence; Northerly along the aforementioned West
302Boundary line.
303
304Thence; Easterly along the aforementioned North
305Boundary line,
306
307Thence; Southerly along the East Boundary line of the
308aforementioned Plat terminating at the intersection of
309that line and the centerline of the Right-of-Way of
310County Line Road.
311
312Thence; Easterly, from that terminus point, along the
313centerline of the Right-of-Way of County Line Road and
314returning to the Point of Beginning. P.O.B.
315
316LESS:
317
318West 11.5A of Northwest 1/4 of Northwest 1/4 Section
3194, Township 23, Range 8
320
321Southwest 1/4 of Southwest 1/4 less North 292 feet of
322East 825 feet, Section29, Township 23, Range 17
323
3245 acres in Northwest 1/4 of Northeast 1/4 of Section
32532, Township 23, Range17
326
327     (3)  The Spring Hill Fire Rescue and Emergency Medical
328Services District is organized and exists for all purposes set
329forth in this act and chapter 191, Florida Statutes, including,
330but not limited to, providing fire protection and firefighting
331services, rescue services, and emergency medical services. Such
332emergency medical services shall not be the primary function of
333the district. The district shall have all other powers necessary
334to carry out these purposes, including the authority to contract
335with the Spring Hill Fire Rescue District, which currently
336provides fire, rescue, and emergency medical services within the
337district boundaries; to purchase all necessary real and personal
338property; to purchase and carry standard insurance policies on
339all such equipment; to employ such personnel as may be necessary
340to carry out the purpose of said fire district; to provide
341adequate insurance for said employees; to purchase and carry
342appropriate insurance for the protection of all firefighters and
343personnel as well as all equipment and personal property on loan
344to the district; to sell surplus real and personal property in
345the same manner and subject to the same restrictions as provided
346for such sales by counties; and to enter into contracts with
347qualified service providers to carry out the purposes of the
348district.
349     (4)  Nothing herein shall prevent the district from
350cooperating with the state or other local governments to render
351such services to communities adjacent to the land described in
352this section as evidenced by an executed agreement between the
353cooperating agencies as approved by the board.
354     (5)  The district charter may be amended only by special
355act of the Legislature.
356     Section 3.  Board of fire commissioners.--
357     (1)  Pursuant to chapter 191, Florida Statutes, the
358business and affairs of the district shall be governed and
359administered by a board of five fire commissioners, who shall be
360qualified electors residing within the district and shall be
361elected by the qualified electors residing within the district,
362subject to the provisions of chapters 189 and 191, Florida
363Statutes, and this act. Each commissioner shall hold office
364until his or her successor is elected and qualified under the
365provisions of this act. The procedures for conducting district
366elections and for qualification of candidates and electors shall
367be pursuant to chapters 189 and 191, Florida Statutes. The
368members of the board shall serve on a nonpartisan basis.
369     (2)  The five fire commissioners shall hold their
370respective seats on the Board of Fire Commissioners of the
371Spring Hill Fire Rescue and Emergency Medical Services District
372for terms of 4 years each and shall be elected by a majority
373vote of the qualified electors of the district voting at a
374general election, provided that the fire commissioners holding
375seats on the effective date of this act shall continue to hold
376their respective seats for the remainder of their terms or until
377their successors are elected and qualified, whichever occurs
378first. Any commissioner may be a candidate to succeed himself or
379herself.
380     (3)  Vacancies in office shall be filled by election, said
381election to be held coincidental with the next countywide
382general election to fill the remaining term of the seat vacated.
383The board of fire commissioners may appoint a qualified elector
384of the district to act as fire commissioner until the vacancy is
385filled by election. A fire commissioner may be removed from
386office as provided by chapter 191, Florida Statutes, or for any
387reason that a state or county officer may be removed.
388     (4)  All elections shall be noticed, called, and held
389pursuant to the provisions of the general laws of the state. The
390board shall, to the extent possible, coordinate all elections
391with countywide general or special elections in order to
392minimize cost. Elections shall be called through the adoption of
393an appropriate resolution of the district directed to the Board
394of County Commissioners of Hernando County, the Supervisor of
395Elections of Hernando County, and other appropriate officers of
396the county. The district shall reimburse county government for
397the actual cost of district elections. No fire commissioner
398shall be a paid employee of the district while holding said
399position.
400     (5)  The board may employ such personnel as deemed
401necessary for the proper function and operation of the district.
402     (6)  The salaries of district personnel and any other wages
403shall be determined by the board.
404     Section 4.  Officers; board compensation; bond.--
405     (1)  In accordance with chapter 191, Florida Statutes, each
406elected member of the board shall assume office 10 days after
407the member's election. Within 60 days after election of new
408members of said board as herein provided, the newly elected
409members shall organize by electing from their number a chair,
410vice chair, secretary, and treasurer. However, the same member
411may be both secretary and treasurer, in accordance with chapter
412191, Florida Statutes.
413     (2)  Three members of the board shall constitute a quorum.
414A quorum shall be necessary for the transaction of business.
415     (3)  The fire commissioners may receive reimbursement for
416actual expenses incurred while performing the duties of their
417offices in accordance with general law governing per diem for
418public officials. Each fire commissioner may receive from the
419funds of the district compensation for his or her services in
420accordance with chapter 191, Florida Statutes.
421     (4)  Each fire commissioner upon taking office shall take
422and subscribe to the oath of office prescribed by s. 5(b), Art.
423II of the State Constitution and general law. Upon taking office
424and in accordance with chapters 189 and 191, Florida Statutes,
425each fire commissioner shall execute to the Governor, for the
426benefit of the district, a bond of $5,000 with a qualified
427personal or corporate surety, conditioned upon the faithful
428performance of the duties of the fire commissioner's office and
429upon an accounting for all funds that come into his or her hands
430as fire commissioner. The premium for such bonds shall be paid
431from district funds.
432     Section 5.  Powers; duties; responsibilities.--
433     (1)  The district shall have and the board may exercise by
434majority vote all of the powers and comply with the duties set
435forth in this act and chapters 189, 191, and 197, Florida
436Statutes, including, but not limited to, ad valorem taxation,
437special assessments, bond issuance, and other revenue
438capabilities; budget preparation and approval; liens and
439foreclosure of liens; use of tax deeds and tax certificates as
440appropriate from non-ad valorem assessments; contractual
441agreements; and the adoption of ordinances and resolutions that
442are necessary to conduct district business if such ordinances do
443not conflict with any ordinance of a local general-purpose
444government within whose jurisdiction the district is located.
445     (2)  The board shall have the right, power, and authority
446to levy annually ad valorem taxes against the taxable property
447within the district to provide funds for the purposes of the
448district in an amount not to exceed the limit provided in
449chapter 191, Florida Statues.
450     (3)  The methods for assessing and collecting ad valorem
451taxes, special assessment fees, services charges, impact fees,
452or user charges shall be as set forth in this act and chapter
453170, chapter 189, chapter 191, chapter 197, or chapter 200,
454Florida Statues.
455     (4)  The district shall levy and collect special
456assessments in accordance with chapter 200, Florida Statutes.
457     (5)  The district's planning requirements shall be as set
458forth in this act and chapters 189 and 191, Florida Statutes.
459     (6)  Requirements for financial disclosure, meeting
460notices, reporting, public records maintenance, and per diem
461expenses for officers and employees shall be as set forth in
462this act and chapters 112, 119, 189, 191, and 286, Florida
463Statutes.
464     Section 6.  Ad valorem taxes.--
465     (1)  The board shall have the authority to levy ad valorem
466taxes annually against all taxable property within the district
467to provide funds for the purposes of the district only upon the
468approval by a majority vote of those qualified electors of the
469district voting in a referendum election authorizing the use of
470ad valorem taxation not to exceed 2.5 mills.
471     (2)  A referendum election of the electors of the district
472to authorize the use of ad valorem taxation not to exceed 2.5
473mills shall be held by the supervisor of elections at the next
474available general election immediately after the adoption of
475this act in accordance with the provisions of general law
476relating to elections.
477     (3)  Upon the approval of a majority of the electors voting
478at the initial election or at an election called by the board,
479the rate of taxation shall thereafter be fixed annually by
480resolution of the board without further approval by the
481electors, provided the rate of taxation shall not exceed 2.5
482mills. The board shall have the authority to increase the
483millage rate above 2.5 mills only if a majority of the electors
484voting in a referendum election approve the increased millage
485rate in an amount not to exceed the limit provided in chapter
486191, Florida Statutes.
487     (4)  The levy and collection of ad valorem taxes shall
488proceed pursuant to general law.
489     Section 7.  User charges.--The board shall have the
490authority to provide a reasonable schedule of charges for
491providing the following services:
492     (1)  Special emergency services, including firefighting
493occurring in or to structures outside the district, motor
494vehicles, marine vessels, or aircraft or as a result of the
495operation of such motor vessels or marine vessels to which the
496district is called to render such emergency service.
497     (2)  Fighting fires occurring in or at refuse dumps or as a
498result of an illegal burn, which fire, dump, or burn is not
499authorized by general or special law, rule, regulation, order,
500or ordinance and which the district is called upon to fight or
501extinguish.
502     (3)  Responding to or assisting or mitigating emergencies
503that either threaten or could threaten the health and safety of
504persons, property, or the environment to which the district has
505been called, including charges for responding to false alarms.
506     (4)  Inspecting structures, plans, and equipment to
507determine compliance with fire safety codes.
508     Section 8.  Impact fees.--
509     (1)  Pursuant to section 191.009(4), Florida Statutes, it
510is hereby declared that the cost of new facilities should be
511borne by new users of the district's services to the extent new
512construction requires new facilities, but only to that extent.
513It is the legislative intent of this section to transfer to the
514new users of the district's fire protection and emergency
515services a fair share of the costs that new users impose on the
516district for new facilities. This shall only apply in the event
517that the general-purpose local government in which the district
518is located has not adopted an impact fee for fire services that
519is distributed to the district for construction within its
520jurisdictional boundaries.
521     (2)  The impact fees collected by the district pursuant to
522this section shall be kept as a separate fund from other
523revenues of the district and shall be used exclusively for the
524acquisition, purchase, or construction of new facilities or
525portions thereof required to provide fire protection and
526emergency services to new construction. "New facilities" means
527land, buildings, and capital equipment, including, but not
528limited to, fire and emergency vehicles and radio telemetry
529equipment. The fees shall not be used for the acquisition,
530purchase, or construction of facilities that must be obtained in
531any event, regardless of growth within the district. The board
532of fire commissioners shall maintain adequate records to ensure
533that impact fees are expended only for permissible new
534facilities.
535     Section 9.  Special assessments.--
536     (1)  The board shall have the right, power, and authority
537to levy special assessments against the taxable real estate
538within the district, including homestead property otherwise
539exempt from taxation, to provide funds for the purpose of the
540district. In so doing, the district shall establish a schedule
541of land-use classifications and a special assessment for each
542land-use classified. The schedule of land-use classifications
543shall be established in the manner prescribed in subsection (2).
544     (2)  The Board of Fire Commissioners of the Spring Hill
545Fire Rescue and Emergency Medical Services District shall fix an
546assessment schedule indicating land-use classifications and the
547applicable assessment rate for each land-use classified, by
548resolution, subsequent to April 1 of each year. If the
549assessment schedule contains no new land-use classification and
550no increases in the rate of assessment, the assessment shall be
551effective for the next calendar year after the passage of the
552resolution without the necessity of a referendum. If, however,
553the assessment schedule contains any new land-use classification
554or any increase in the assessment rate of any land-use
555classified, the board of fire commissioners shall submit their
556resolution to the electors residing in the district in
557accordance with law and if a majority of electors voting in such
558a referendum election approve, the assessment schedule shall be
559effective for the next calendar year subsequent to the
560referendum.
561     (3)  The board of fire commissioners of the district shall,
562on or before September 10 of each year, prepare and complete a
563special assessment roll showing the assessment rate for each
564parcel of real estate situated in the district.
565     (4)  The board of fire commissioners may, in any year, by
566resolution, change the date on which the assessment schedule is
567to be fixed and the date on which the final assessment roll is
568to be adopted, provided that, in the event of any such change of
569date, the board shall cause a notice to be published in a
570newspaper in Hernando County, one time, said notice to be
571published at least 10 days prior to the date on which it is
572proposed to fix the rate of assessment.
573     (5)  Any property owner in the district may, during the
574period between November 5 and November 15 of any year, file a
575protest in writing with the board of fire commissioners against
576the assessment paid by him or her and appear before the board in
577support of such protest. The board shall hold such meeting as
578may be necessary after said period to consider any such protest
579and to make any such adjustment, refund, or denial as it may
580determine fair, equitable, and proper.
581     Section 10.  Property appraiser.--
582     (1)  The Hernando County Property Appraiser shall furnish
583the commissioners a tax roll covering all taxable properties
584within the district on or before July 1 of each year.
585     (2)  The Hernando County Property Appraiser shall include
586in the Hernando County tax roll the assessments made by the
587board, and the same shall be collected in the nature as provided
588for by this act and paid over by the Hernando County Tax
589Collector to the board.
590     (3)  The Hernando County Property Appraiser shall be
591reimbursed for assessing such special assessments in the manner
592and amount authorized by general law, and the Hernando County
593Tax Collector shall receive a commission or fee of 3 percent for
594collection of such special assessments.
595     Section 11.  Special assessment as a lien.--The special
596assessment levied and assessed by the district shall be a lien
597upon the property so assessed along with the county taxes
598assessed against such property until said assessments and taxes
599have been paid, and if the special assessment levied by the
600district becomes delinquent, such special assessment shall be
601considered a part of the county tax subject to the same
602penalties, charges, fees, and remedies for enforcement and
603collection of such taxes.
604     Section 12.  Deposit of special assessments; fees;
605authority to disburse funds.--
606     (1)  The proceeds of the assessments and funds of the
607district shall be deposited in qualified public depositories, in
608accordance with chapters 191 and 280, Florida Statutes, in the
609name of the district in a bank authorized to receive deposits of
610district funds. The bank shall be designated by a resolution of
611the board.
612     (2)  All warrants for the payment of labor, equipment, and
613other expenses of the board, and in carrying into effect this
614act and the purpose thereof, shall be payable by the treasurer
615of the board on accounts and vouchers approved and authorized by
616the board. No funds of the district shall be paid out or
617disbursed except by check signed by the treasurer of the board
618and 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
621and authority to borrow money or issue other evidences of
622indebtedness for the purposes of the district in accordance with
623chapters 189 and 191, Florida Statutes, provided, however, that
624the total payments in any 1 year, including principal and
625interest, on any indebtedness incurred by the district shall not
626exceed 50 percent of the total annual budgeted revenues of the
627district.
628     (2)  The board of fire commissioners as a body, or any of
629the members of the board as individuals, shall not be personally
630or individually liable for the repayment of such loan. Such
631repayment shall be made out of the receipts of the district,
632except as provided in this subsection. The fire commissioners
633shall not create any indebtedness or incur obligations for any
634sum or amount that they are unable to repay out of district
635funds available to them at that time, except as otherwise
636provided in this act, provided, however, that the fire
637commissioners may make purchases of equipment on an installment
638basis as necessary if funds are available for the payment of the
639current year's installment on such equipment plus the amount due
640in that year on any other installments and the repayment of any
641bank loan or other existing indebtedness that may be due that
642year.
643     Section 14.  Use of district funds.--No funds of the
644district shall be used for any purposes other than the
645administration of the affairs and business of the district; the
646payment of salaries and expenses to fire commissioners; the
647construction, care, maintenance, upkeep, operation, and purchase
648of firefighting and rescue equipment or a fire station or
649emergency medical station; the payment of public utilities; the
650payment of salaries of district personnel; the payment of
651expenses of volunteers; the payment to the Spring Hill Fire
652Rescue District; and such other payment and expenses as the
653board may from time to time determine to be necessary for the
654operations and effectiveness of the district.
655     Section 15.  Record of board meetings; authority to adopt
656rules and regulations; annual reports; budget.--
657     (1)  A record shall be kept of all meetings of the board,
658and in such meetings concurrence of a majority of the fire
659commissioners present shall be necessary to any affirmative
660action by the board.
661     (2)  The board shall have the authority to adopt and amend
662policies and regulations for the administration of the affairs
663of the district under the terms of this act and chapters 189 and
664191, Florida Statues, which shall include, but not be limited
665to, the authority to adopt the necessary rules and regulations
666for the administration and supervision of the property and
667personnel of the district; for the prevention of fires, fire
668control, fire hydrant placement, and flow testing in accordance
669with current NFPA rules; and for rescue work within the
670district.
671     (3)  The board of fire commissioners shall have the
672authority to adopt uniform fire prevention ordinances. Such
673ordinances shall be signed, dated, and recorded with the Clerk
674of the Court of Hernando County and published as provided by
675state law. Ordinances shall be effective after publication,
676which constitutes legal notice of same.
677     (4)  The board shall, on or before November l, make an
678annual report of its actions and accounting of its funds as of
679September of that year and shall file said report in the office
680of the Clerk of the Circuit Court of Hernando County, whose duty
681it shall be to receive and file said report and hold and keep
682the same as a public record.
683     (5)  For the purposes of carrying into effect this act, the
684board shall annually prepare, consider, and adopt a district
685budget pursuant to the applicable requirements of chapters 189
686and 191, Florida Statutes. The board shall, at the same time as
687it makes its annual report, file its estimated budget for the
688fiscal year beginning October 1, which budget shall show the
689estimated revenue to be received by the district and the
690estimated expenditures to be incurred by the district in
691carrying out its operations. The fire commissioners shall adopt
692a fiscal year for said fire district, which shall be October 1
693to September 30.
694     Section 16.  Authority to enact fire prevention ordinances
695and enter land; authority to provide fire, rescue, and emergency
696medical services.--
697     (1)  The board of fire commissioners shall have the right
698and power to enact fire prevention ordinances as provided by
699general law. When the provisions of such fire prevention
700ordinances are determined by the board to be violated, the
701office of the state attorney, upon written notice of such
702violation issued by the board, is authorized to prosecute such
703person or persons held to be in violation thereof. Any person
704found guilty of a violation may be punished as provided in
705chapter 775, Florida Statutes, as a misdemeanor of the second
706degree. The cost of such prosecution shall be paid out of the
707district funds, unless otherwise provided by law. The district
708shall have the authority to appoint a fire marshal, who may be a
709member of the Spring Hill Fire Rescue and Emergency Medical
710Services District, to carry out the responsibilities of the
711district fire marshal.
712     (2)  The fire marshal or duly authorized inspector shall be
713authorized to enter, at all reasonable hours, any building or
714premises for the purpose of making any inspection or
715investigation which the State Fire Marshal is authorized to make
716pursuant to state law and regulation. The owner, lessee,
717manager, or operator of any building or premises shall permit
718the district fire marshal or duly authorized inspector to enter
719and inspect the building or premises at all reasonable hours.
720The fire marshal or duly authorized inspector shall report any
721violations of state fire safety laws or regulations to the
722appropriate officials.
723     (3)  The district is authorized to establish and maintain
724emergency medical and rescue response services and acquire and
725maintain rescue, medical, and other emergency equipment, subject
726to the provisions of chapter 401, Florida Statutes.
727     Section 17.  Annexations.--If any municipality or other
728fire control district annexes any land included in the district,
729such annexation shall follow the procedures set forth in section
730171.093, Florida Statutes.
731     Section 18.  Dissolution.--The district shall exist until
732dissolved 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
735shall have the same immunity from tort liability as other
736agencies and subdivisions of the state. The provisions of
737chapter 768, Florida Statutes, shall apply to all claims
738asserted against the district.
739     (2)  The district fire commissioners and all officers,
740agents, and employees of the district shall have the same
741immunity and exemption from personal liability as is provided by
742chapter 768, Florida Statutes.
743     (3)  In accordance with chapter 768, Florida Statutes, the
744district shall defend all claims against the fire commissioners
745and officers, agents, and employees of the district which arise
746within the scope of employment or purposes of the district and
747shall pay all judgments against said persons, except where said
748persons acted in bad faith or with malicious purpose or in a
749manner exhibiting wanton and willful disregard of human rights,
750safety, or property.
751     Section 20.  District expansion.--The corporate limits of
752the Spring Hill Fire Rescue and Emergency Medical Services
753District may be extended and enlarged from time to time pursuant
754to the following procedure:
755     (1)(a)  A definitely described tract of land lying
756contiguous to the boundaries of the district described in
757section 1, or as the same may from time to time exist, or one or
758more tracts of land lying contiguous to the boundaries, or one
759or more tracts of land lying contiguous to each other with one
760of the tracts lying contiguous to the boundaries of the
761district, may be included in the district when a written
762petition for inclusion signed by a majority of the owners of the
763real property within the tract or tracts to be included in the
764district has been presented to the board of fire commissioners
765and the proposal has been approved by the affirmative vote of no
766fewer than three members of the board of fire commissioners at a
767regular meeting.
768     (b)  The petition must contain the legal description of the
769property sought to be added to the district and the names and
770addresses of the owners of the property.
771     (2)  If a proposal to add an area to the district as
772defined in subsection (1) is approved by the affirmative vote of
773no fewer than three members of the board of Fire Commissioners
774at a regular meeting, the board of Fire Commissioners shall
775thereafter adopt a resolution describing the lands to be
776included within the district and shall cause such resolution to
777be duly enrolled in the record of the meeting and a certified
778copy of the resolution to be recorded in the office of the Clerk
779of the Circuit Court in Hernando County.
780     (3)  Upon adoption of the resolution by the board, the
781district shall, pursuant to chapter 19 I, Florida Statutes,
782request its legislative delegation to approve said addition and
783sponsor legislation amending the district boundary. Upon
784approval by the Legislature, the boundary shall be amended.
785     (4)  In lieu of a petition from the property owners, the
786Board of County Commissioners of Hernando County by affirmative
787resolution and the Board of Commissioners of the Spring Hill
788Fire Rescue and Emergency Medical Services District by
789affirmative resolution may jointly request its legislative
790delegation to approve the addition of land lying contiguous to
791the boundaries of the district and sponsor legislation amending
792the district boundary. Upon approval by the Legislature, the
793boundary shall be amended.
794     Section 21.  Construction.--This act shall be construed as
795remedial and shall be liberally construed to promote the purpose
796for which it is intended.
797     Section 22.  Effect.--In the event that any part of this
798act should be held void for any reason, such holding shall not
799affect any other part thereof.
800     Section 23.  Exclusive charter.--This act constitutes the
801exclusive charter of the Spring Hill Fire Rescue and Emergency
802Medical Services District.
803     Section 24.  Referendum.--The provisions of section 6 that
804authorize the levy of ad valorem taxation shall take effect only
805upon the approval by a vote of the electors of the district as
806may be required by the State Constitution. The Board of County
807Commissioners of Hernando County shall call and the Supervisor
808of Elections of Hernando County shall conduct a referendum at
809the next election of the district or at a special election
810called by the board for that purpose at which referendum the
811qualified electors in the district shall approve or reject the
812authority of the district to levy ad valorem taxes provided in
813this act. Any subsequent increase in said tax levy may only be
814made with the approval of the electors of the district at a
815special election called by the board and held for that purpose.
816
817The ballot language of the title and question shall be as
818follows:
819SHALL LANDS WITHIN SPRING HILL BE SERVED BY THE SPRING
820HILL INDEPENDENT FIRE DISTRICT?
821
822     The district may charge user fees, impact fees, special
823assessments, and levy property taxes up to 2.5 mills on
824jurisdictional lands, and shall provide one standard for fire
825and rescue services to be provided by the closest responder,
826regardless of municipal boundaries within its jurisdiction.
827
828     Yes     No<
829     No
830
831     Section 25.  This act shall take effect upon becoming a
832law, except that the provisions of section 6 that authorize the
833levy of ad valorem taxation shall take effect only upon express
834approval by a majority vote of those qualified electors of the
835Spring Hill Fire Rescue and Emergency Medical Services District,
836as required by Section 9 of Article VII of the State
837Constitution, voting in the referendum held pursuant to section
83824. Such election shall be held in accordance with the
839provisions of general law relating to elections.


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