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

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