Florida Senate - 2009 (NP) SB 2710
By Senator Fasano
11-00726A-09 20092710__
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
13 valorem taxes; providing a cap on the rate of
14 taxation; providing for user charges; providing for
15 impact fees; providing for authority to disburse
16 funds; authorizing the board to borrow money;
17 providing for use of district funds; requiring a
18 record of all board meetings; authorizing the board to
19 adopt policies and regulations; providing for the
20 board to make an annual budget; requiring an annual
21 report; authorizing the board to enact fire prevention
22 ordinances; authorizing the district to appoint a fire
23 marshal; authorizing the district to conduct
24 inspections and establish and operate fire, rescue,
25 and emergency medical services; providing for district
26 authority upon annexation of district lands; providing
27 for dissolution; providing immunity from tort
28 liability for officers, agents, and employees;
29 providing for district expansion; providing for
30 construction and effect; providing for an exclusive
31 charter; requiring a referendum; providing an
32 effective date.
33
34 Be It Enacted by the Legislature of the State of Florida:
35
36 Section 1. Definitions.—As used in this act, unless
37 otherwise specified:
38 (1) “Board” means the board of fire commissioners created
39 pursuant to this act and chapter 191, Florida Statutes.
40 (2) “Fire commissioner” means a member of the Board of Fire
41 Commissioners of the Spring Hill Fire Rescue and Emergency
42 Medical Services District.
43 (3) “District” means the Spring Hill Fire Rescue and
44 Emergency Medical Services District.
45 (4) “Board of directors” means the existing policymaking
46 and governing body of the Spring Hill Fire Rescue and Emergency
47 Services District of Hernando County.
48 (5) “Director” means a member of the board of fire
49 commissioners.
50 (6) “Residence” means one single-family dwelling, including
51 one single-apartment dwelling unit; one single-condominium
52 dwelling unit; one single duplex, triplex, or other attached
53 dwelling unit; one single-family detached dwelling unit; or one
54 single mobile or modular home dwelling unit.
55 (7) “Business” means motels, apartments, or rental
56 dwellings, along with other standard commercial or industrial
57 businesses such as gasoline stations, stores, marinas, and
58 similar establishments, as authorized pursuant to the applicable
59 local government comprehensive plan, whether or not such
60 businesses are required to pay or collect sales taxes.
61 Section 2. Creation; status; charter amendments;
62 boundaries; district purposes.—
63 (1) There is hereby created an independent special fire
64 control district incorporating lands in Hernando County
65 described in subsection (2), which shall be a public corporation
66 having the powers, duties, obligations, and immunities herein
67 set forth under the name of the Spring Hill Fire Rescue and
68 Emergency Medical Services District. The district is organized
69 and exists for all purposes and shall hold all powers set forth
70 in this act and chapters 189 and 191, Florida Statutes.
71 (2) The lands to be included within the district are the
72 following described lands of Spring Hill, in Hernando County, to
73 wit:
74 For a Point of Beginning (P.O.B.), commence at the
75 intersection of the East Section line of Section 34,
76 Township 23, Range 18 East projected South and the
77 Centerline of the Right-of-Way of County Line Road.
78
79 Thence; Go Northerly along the aforementioned East
80 Section line of Section 34, Township 23, Range 18
81 East, Section 27, Township 23, Range 18 East.
82
83 Thence; East along the North Section line of Section
84 26, Township 23, Range 18 East, terminating at the
85 North East corner of the West V2 of Section 26,
86 Township 23, Range 18 East.
87
88 Thence; Northerly along the East Section line of the
89 West 1/2 of Section 23, Township 23, Range 18 East
90 terminating at the intersection of that line and the
91 centerline of the Right-of-Way of Spring Hill Drive.
92
93 Thence; Easterly along the centerline of the Right-of
94 Way of Spring Hill Drive to a point of intersection
95 constructed by extending the East boundary of Candy
96 Road, in a Southerly direction.
97
98 Thence; Northerly along the Eastern boundary of Candy
99 Lane to the limits of the plat of Quail Meadows, Phase
100 I.
101
102 Thence; Southwesterly along the rear property lines of
103 Lots 13-22 inclusive of Quail Meadows, Phase I, to the
104 Northern boundary of Atwater Drive.
105
106 Thence; Westerly along said Northern boundary of
107 Atwater Drive to the limits of the plat of Quail
108 Meadows, Phase I, said point being the West Section
109 line of Section 13, Township 23 South, Range 18 East.
110
111 Thence; Northerly along said West Section line to the
112 North.
113
114 Thence; Northerly along the aforementioned West
115 Section line to a point of intersection with the
116 centerline of Powell Road and said Section line.
117
118 Thence; Westerly along Powell Rd. to a point of
119 intersection with the East line of the West 1/2 of
120 Section 10, Township 23 South, Range 18 East.
121
122 Thence; Northerly along aforementioned Section line
123 commencing at the North line of said Section 10,
124 Township 23 South, Range 18 East.
125
126 Thence; Westerly along the North Section line of
127 Section 10, Township 23 South, Range 18 East
128 continuing Westerly along the South Section line of
129 Section 4, Township 23 South, Range 18 East;
130 terminating at a point, constructed by the
131 intersection of said Section line and the East
132 Boundary line of Spring Hill Unit 18-2; Plat Book 17,
133 Page 30, sheet 2 of 6 as recorded in the Public
134 Records of Hernando County;
135
136 Thence; Northerly along the East Boundary line of the
137 aforementioned Plat Book 17, Page 30;
138
139 Thence; Northerly along the East Boundary line of Plat
140 Book #17, Page 69 as recorded in Hernando County
141 Public Record. (To PB9-65-80)
142
143 Thence: Northerly along the East Boundary line as
144 shown in Plat Book 9, Page 69, Spring Hill Unit 20.
145
146 Thence; Easterly along the South Boundary line as
147 shown in Plat Book 9, Sheet 9, of Spring Hill Unit 20.
148
149 Thence; Run Northerly along the West Right-of-Way line
150 of the Florida Power Corporation Easement as shown on
151 Sheet 9, Sheet 10, and Sheet 12, Plat Book 9; Spring
152 Hill Unit 20, as recorded in Hernando County Public
153 Records.
154
155 Thence; Run S89°38′00″W, a distance of 377.25 feet
156 from the North East corner of the Platted Boundary as
157 recorded in Plat Book 9, Page 76.
158
159 Thence; N00°07′10″W, a distance of 944.51 feet.
160
161 Thence; N89°44′10″W, a distance of 1,324.27 feet.
162
163 Thence; N00°06′I2″E; 942.14 feet along the East line
164 of the West 1/2 of Section 33, Township 22 South,
165 Range 18 East.
166
167 Thence; N00°05′42″W, 1,848.49 feet to the South Right
168 of-Way line of State Road #50.
169
170 Thence; Westerly along the South Right-of-Way line of
171 State Road #50; S89°31′17″W a distance of 1,322.86
172 feet.
173
174 Thence; S00°02′58″E, a distance of 916.82 feet;
175 S89°50′34″W, a distance of 1,323.56 feet; S00°00′12″E,
176 a distance of 909.40 feet to the Centerline of the
177 Florida Power Corp. Right-of-way.
178
179 Thence; Westerly along the South centerline of a
180 Florida Power Right-of-Way line as described in O.R.
181 Book #713, Pages 20 & 22. (Attached)
182
183 Thence; Northerly along the West Boundary line of
184 aforementioned O.R. Book #713, to the South Right-of
185 Way line of State Road #50.
186
187 Thence; Approximately 1,015.00 feet, Westerly along
188 the South Right-of-Way line of State Road #50.
189
190 Thence; South approximately 750.00 feet.
191
192 Thence; West approximately 2,500.00 feet.
193
194 Thence; North approximately 750 feet to the South
195 Right-of-Way line of State Road #50.
196
197 Thence; In a Westerly direction follow the South
198 Right-of-Way line of State Road #50 to the
199 intersection of said line and the East Section line of
200 Section 2, Township 23 South, Range 17 East.
201
202 Thence; Run Southerly along the aforementioned East
203 Section line to the North Boundary line of Spring Hill
204 Unit 22, Replat, Block 1484, Plat Book 12, Page 81, as
205 recorded in Hernando County Public Records.
206
207 Thence; Westerly along the aforementioned Boundary
208 line to the East Right-of-Way line of U.S. 19.
209
210 Thence; Southerly along the East Right of Way line of
211 U.S. 19, to the Centerline of the Right-of-Way of
212 Northcliffe Boulevard.
213
214 Thence; Southerly along the centerline of the Right
215 of-Way of Northcliffe Boulevard to the West Boundary
216 line of Spring Hill Unit #26.
217
218 Thence; Southerly along the West Boundary line of
219 Spring Hill Unit #26, commencing at the South Section
220 line of Section 10, Township 23 South, Range 117 East.
221
222 Thence; West along the aforementioned South Section
223 line, Westerly to the centerline of the Right-of-Way
224 of U.S. 19.
225
226 Thence; South along the centerline of the Right-of-Way
227 of U.S. I9 to a point, constructed by extending the
228 Centerline of Greenleaf Way and the aforementioned
229 centerline of Right-of-Way of U.S. 19.
230
231 Thence; Westerly from said point to the West Boundary
232 line of Weeki Wachee Woodlands Unit 2, Plat Book #7,
233 Page 10.
234
235 Thence; Southerly along the said West Boundary line to
236 the North Boundary line of Weeki Wachee Acres Unit 2,
237 Plat Book 6; Page 46;
238
239 Thence; Westerly along aforementioned North Boundary
240 line;
241
242 Thence; Southerly along the West Boundary line of
243 aforementioned Weeki Wachee Acres Unit 2;
244
245 Thence; 240.00 feet East, to the centerline of the
246 Right-of-Way of U.S. 19.
247
248 Thence; South along the centerline of the Right-of-Way
249 of U.S. 19 to the Intersection of said Right-of-Way
250 and Trenton Avenue.
251
252 Thence; Southerly along Trenton Avenue to a point on
253 the South Section line of Section 20, Township 23
254 South, Range 17 East;
255
256 Thence; Westerly along said Section line to the
257 centerline of the Right-of-Way of U.S. 19.
258
259 Thence; South along the centerline of the Right-of-Way
260 of U.S. 19, to a point of Intersection with the North
261 Boundary line of South Hernando U.S. 19, Commerce
262 Center; Plat Book #17, Pages 11 through 15.
263
264 Thence; West from the aforementioned point; to the
265 West Boundary line of South Hernando U.S. 19, Commerce
266 Center.
267
268 Thence; Southerly along the West Boundary line, to the
269 S.W. corner of aforementioned Plat;
270
271 Thence: Easterly to the centerline of the Right-of-Way
272 of U.S. 19.
273
274 Thence; South along the centerline of the Right-of-Way
275 of U.S. 19, to a point of intersection with the North
276 Boundary of South Hernando U.S. 19 Commerce Center
277 Plat Book #17, Pages 11 thru 16.
278
279 Thence; Westerly from said point, along the North
280 Boundary line.
281
282 Thence; Southerly along the West Boundary line of the
283 aforementioned Plat;
284
285 Thence; Easterly along the South Boundary line of said
286 Plat terminating at the centerline of the Right-of-Way
287 of U.S. #19.
288
289 Thence; Southerly along the centerline of the Right
290 of-Way of U.S. 19 terminating at the Intersection of
291 said Right-of-Way and the centerline of the Right-of
292 Way of County Line Road.
293
294 Thence; Easterly from aforementioned said point along
295 the centerline of the Right-of-Way of County Line
296 Road.
297
298 Thence; Easterly, from the aforementioned terminus,
299 along the centerline of the Right-of-Way of County
300 Line Road, to a point of Intersection of the West
301 Boundary line of Arkays Park Subdivision.
302
303 Thence; Northerly along the aforementioned West
304 Boundary line.
305
306 Thence; Easterly along the aforementioned North
307 Boundary line.
308
309 Thence; Southerly along the East Boundary line of the
310 aforementioned Plat terminating at the intersection of
311 that line and the centerline of the Right-of-Way of
312 County Line Road.
313
314 Thence; Easterly, from that terminus point, along the
315 centerline of the Right-of-Way of County Line Road and
316 returning to the Point of Beginning. P.O.B.
317
318 LESS:
319
320 West 11.5A of Northwest 1/4 of Northwest 1/4 Section
321 4, Township 23, Range 8.
322
323 Southwest 1/4 of Southwest 1/4 less North 292 feet of
324 East 825 feet, Section 29, Township 23, Range 17.
325
326 5 acres in Northwest 1/4 of Northeast 1/4 of Section
327 32, Township 23, Range 17.
328
329 (3) The Spring Hill Fire Rescue and Emergency Medical
330 Services District is organized and exists for all purposes set
331 forth in this act and chapter 191, Florida Statutes, including,
332 but not limited to, providing fire protection and firefighting
333 services, rescue services, and emergency medical services. Such
334 emergency medical services shall not be the primary function of
335 the district. The district shall have all other powers necessary
336 to carry out these purposes, including the authority to contract
337 with the Spring Hill Fire Rescue District, which currently
338 provides fire, rescue, and emergency medical services within the
339 district boundaries; to purchase all necessary real and personal
340 property; to purchase and carry standard insurance policies on
341 all such equipment; to employ such personnel as may be necessary
342 to carry out the purpose of said fire district; to provide
343 adequate insurance for said employees; to purchase and carry
344 appropriate insurance for the protection of all firefighters and
345 personnel as well as all equipment and personal property on loan
346 to the district; to sell surplus real and personal property in
347 the same manner and subject to the same restrictions as provided
348 for such sales by counties; and to enter into contracts with
349 qualified service providers to carry out the purposes of the
350 district.
351 (4) Nothing herein shall prevent the district from
352 cooperating with the state or other local governments to render
353 such services to communities adjacent to the land described in
354 this section as evidenced by an executed agreement between the
355 cooperating agencies as approved by the board.
356 (5) The district charter may be amended only by special act
357 of the Legislature.
358 Section 3. Board of fire commissioners.—
359 (1) Pursuant to chapter 191, Florida Statutes, the business
360 and affairs of the district shall be governed and administered
361 by a board of five fire commissioners, who shall be qualified
362 electors residing within the district and shall be elected by
363 the qualified electors residing within the district, subject to
364 the provisions of chapters 189 and 191, Florida Statutes, and
365 this act. Each commissioner shall hold office until his or her
366 successor is elected and qualified under the provisions of this
367 act. The procedures for conducting district elections and for
368 qualification of candidates and electors shall be pursuant to
369 chapters 189 and 191, Florida Statutes. The members of the board
370 shall serve on a nonpartisan basis.
371 (2) The five fire commissioners shall hold their respective
372 seats on the Board of Fire Commissioners of the Spring Hill Fire
373 Rescue and Emergency Medical Services District for terms of 4
374 years each and shall be elected by a majority vote of the
375 qualified electors of the district voting at a general election,
376 provided that the fire commissioners holding seats on the
377 effective date of this act shall continue to hold their
378 respective seats for the remainder of their terms or until their
379 successors are elected and qualified, whichever occurs first.
380 Any commissioner may be a candidate to succeed himself or
381 herself.
382 (3) Vacancies in office shall be filled by election, said
383 election to be held coincidental with the next countywide
384 general election to fill the remaining term of the seat vacated.
385 The board of fire commissioners may appoint a qualified elector
386 of the district to act as fire commissioner until the vacancy is
387 filled by election. A fire commissioner may be removed from
388 office as provided by chapter 191, Florida Statutes, or for any
389 reason that a state or county officer may be removed.
390 (4) All elections shall be noticed, called, and held
391 pursuant to the provisions of the general laws of the state. The
392 board shall, to the extent possible, coordinate all elections
393 with countywide general or special elections in order to
394 minimize cost. Elections shall be called through the adoption of
395 an appropriate resolution of the district directed to the Board
396 of County Commissioners of Hernando County, the Supervisor of
397 Elections of Hernando County, and other appropriate officers of
398 the county. The district shall reimburse county government for
399 the actual cost of district elections. No fire commissioner
400 shall be a paid employee of the district while holding said
401 position.
402 (5) The board may employ such personnel as deemed necessary
403 for the proper function and operation of the district.
404 (6) The salaries of district personnel and any other wages
405 shall be determined by the board.
406 Section 4. Officers; board compensation; bond.—
407 (1) In accordance with chapter 191, Florida Statutes, each
408 elected member of the board shall assume office 10 days after
409 the member’s election. Within 60 days after election of new
410 members of said board as herein provided, the newly elected
411 members shall organize by electing from their number a chair,
412 vice chair, secretary, and treasurer. However, the same member
413 may be both secretary and treasurer, in accordance with chapter
414 191, Florida Statutes.
415 (2) Three members of the board shall constitute a quorum. A
416 quorum shall be necessary for the transaction of business.
417 (3) The fire commissioners may receive reimbursement for
418 actual expenses incurred while performing the duties of their
419 offices in accordance with general law governing per diem for
420 public officials. Each fire commissioner may receive from the
421 funds of the district compensation for his or her services in
422 accordance with chapter 191, Florida Statutes.
423 (4) Each fire commissioner upon taking office shall take
424 and subscribe to the oath of office prescribed by s. 5(b), Art.
425 II of the State Constitution and general law. Upon taking office
426 and in accordance with chapters 189 and 191, Florida Statutes,
427 each fire commissioner shall execute to the Governor, for the
428 benefit of the district, a bond of $5,000 with a qualified
429 personal or corporate surety, conditioned upon the faithful
430 performance of the duties of the fire commissioner’s office and
431 upon an accounting for all funds that come into his or her hands
432 as fire commissioner. The premium for such bonds shall be paid
433 from district funds.
434 Section 5. Powers; duties; responsibilities.—
435 (1) The district shall have and the board may exercise by
436 majority vote all of the powers and comply with the duties set
437 forth in this act and chapters 189, 191, and 197, Florida
438 Statutes, including, but not limited to, ad valorem taxation,
439 special assessments, bond issuance, and other revenue
440 capabilities; budget preparation and approval; liens and
441 foreclosure of liens; use of tax deeds and tax certificates as
442 appropriate from non-ad valorem assessments; contractual
443 agreements; and the adoption of ordinances and resolutions that
444 are necessary to conduct district business if such ordinances do
445 not conflict with any ordinance of a local general-purpose
446 government within whose jurisdiction the district is located.
447 (2) The board shall have the right, power, and authority to
448 levy annually ad valorem taxes against the taxable property
449 within the district to provide funds for the purposes of the
450 district in an amount not to exceed the limit provided in
451 chapter 191, Florida Statues.
452 (3) The methods for assessing and collecting ad valorem
453 taxes, special assessment fees, services charges, impact fees,
454 or user charges shall be as set forth in this act and chapter
455 170, chapter 189, chapter 191, chapter 197, or chapter 200,
456 Florida Statues.
457 (4) The district shall levy and collect special assessments
458 in accordance with chapter 200, Florida Statutes.
459 (5) The district’s planning requirements shall be as set
460 forth in this act and chapters 189 and 191, Florida Statutes.
461 (6) Requirements for financial disclosure, meeting notices,
462 reporting, public records maintenance, and per diem expenses for
463 officers and employees shall be as set forth in this act and
464 chapters 112, 119, 189, 191, and 286, Florida Statutes.
465 Section 6. Ad valorem taxes.—
466 (1) The board shall have the authority to levy ad valorem
467 taxes annually against all taxable property within the district
468 to provide funds for the purposes of the district only upon the
469 approval by a majority vote of those qualified electors of the
470 district voting in a referendum election authorizing the use of
471 ad valorem taxation not to exceed 2.5 mills.
472 (2) A referendum election of the electors of the district
473 to authorize the use of ad valorem taxation not to exceed 2.5
474 mills shall be held by the supervisor of elections at the next
475 available general election immediately after the adoption of
476 this act in accordance with the provisions of general law
477 relating to elections.
478 (3) Upon the approval of a majority of the electors voting
479 at the initial election or at an election called by the board,
480 the rate of taxation shall thereafter be fixed annually by
481 resolution of the board without further approval by the
482 electors, provided the rate of taxation shall not exceed 2.5
483 mills. The board shall have the authority to increase the
484 millage rate above 2.5 mills only if a majority of the electors
485 voting in a referendum election approve the increased millage
486 rate in an amount not to exceed the limit provided in chapter
487 191, Florida Statutes.
488 (4) The levy and collection of ad valorem taxes shall
489 proceed pursuant to general law.
490 Section 7. User charges.—The board shall have the authority
491 to provide a reasonable schedule of charges for providing the
492 following services:
493 (1) Special emergency services, including firefighting
494 occurring in or to structures outside the district, motor
495 vehicles, marine vessels, or aircraft or as a result of the
496 operation of such motor vessels or marine vessels to which the
497 district is called to render such emergency service.
498 (2) Fighting fires occurring in or at refuse dumps or as a
499 result of an illegal burn, which fire, dump, or burn is not
500 authorized by general or special law, rule, regulation, order,
501 or ordinance and which the district is called upon to fight or
502 extinguish.
503 (3) Responding to or assisting or mitigating emergencies
504 that either threaten or could threaten the health and safety of
505 persons, property, or the environment to which the district has
506 been called, including charges for responding to false alarms.
507 (4) Inspecting structures, plans, and equipment to
508 determine compliance with fire safety codes.
509 Section 8. Impact fees.—
510 (1) Pursuant to section 191.009(4), Florida Statutes, it is
511 hereby declared that the cost of new facilities should be borne
512 by new users of the district’s services to the extent new
513 construction requires new facilities, but only to that extent.
514 It is the legislative intent of this section to transfer to the
515 new users of the district’s fire protection and emergency
516 services a fair share of the costs that new users impose on the
517 district for new facilities. This shall only apply in the event
518 that the general-purpose local government in which the district
519 is located has not adopted an impact fee for fire services that
520 is distributed to the district for construction within its
521 jurisdictional boundaries.
522 (2) The impact fees collected by the district pursuant to
523 this section shall be kept as a separate fund from other
524 revenues of the district and shall be used exclusively for the
525 acquisition, purchase, or construction of new facilities or
526 portions thereof required to provide fire protection and
527 emergency services to new construction. “New facilities” means
528 land, buildings, and capital equipment, including, but not
529 limited to, fire and emergency vehicles and radio telemetry
530 equipment. The fees shall not be used for the acquisition,
531 purchase, or construction of facilities that must be obtained in
532 any event, regardless of growth within the district. The board
533 of fire commissioners shall maintain adequate records to ensure
534 that impact fees are expended only for permissible new
535 facilities.
536 Section 9. Special assessments.—
537 (1) The board shall have the right, power, and authority to
538 levy special assessments against the taxable real estate within
539 the district, including homestead property otherwise exempt from
540 taxation, to provide funds for the purpose of the district. In
541 so doing, the district shall establish a schedule of land-use
542 classifications and a special assessment for each land use
543 classified. The schedule of land-use classifications shall be
544 established in the manner prescribed in subsection (2).
545 (2) The Board of Fire Commissioners of the Spring Hill Fire
546 Rescue and Emergency Medical Services District shall fix an
547 assessment schedule indicating land-use classifications and the
548 applicable assessment rate for each land use classified, by
549 resolution, subsequent to April 1 of each year. If the
550 assessment schedule contains no new land-use classification and
551 no increases in the rate of assessment, the assessment shall be
552 effective for the next calendar year after the passage of the
553 resolution without the necessity of a referendum. If, however,
554 the assessment schedule contains any new land-use classification
555 or any increase in the assessment rate of any land use
556 classified, the board of fire commissioners shall submit their
557 resolution to the electors residing in the district in
558 accordance with law and if a majority of electors voting in such
559 a referendum election approve, the assessment schedule shall be
560 effective for the next calendar year subsequent to the
561 referendum.
562 (3) The board of fire commissioners of the district shall,
563 on or before September 10 of each year, prepare and complete a
564 special assessment roll showing the assessment rate for each
565 parcel of real estate situated in the district.
566 (4) The board of fire commissioners may, in any year, by
567 resolution, change the date on which the assessment schedule is
568 to be fixed and the date on which the final assessment roll is
569 to be adopted, provided that, in the event of any such change of
570 date, the board shall cause a notice to be published in a
571 newspaper in Hernando County, one time, said notice to be
572 published at least 10 days prior to the date on which it is
573 proposed to fix the rate of assessment.
574 (5) Any property owner in the district may, during the
575 period between November 5 and November 15 of any year, file a
576 protest in writing with the board of fire commissioners against
577 the assessment paid by him or her and appear before the board in
578 support of such protest. The board shall hold such meeting as
579 may be necessary after said period to consider any such protest
580 and to make any such adjustment, refund, or denial as it may
581 determine fair, equitable, and proper.
582 Section 10. Property appraiser.—
583 (1) The Hernando County Property Appraiser shall furnish
584 the commissioners a tax roll covering all taxable properties
585 within the district on or before July 1 of each year.
586 (2) The Hernando County Property Appraiser shall include in
587 the Hernando County tax roll the assessments made by the board,
588 and the same shall be collected in the nature as provided for by
589 this act and paid over by the Hernando County Tax Collector to
590 the board.
591 (3) The Hernando County Property Appraiser shall be
592 reimbursed for assessing such special assessments in the manner
593 and amount authorized by general law, and the Hernando County
594 Tax Collector shall receive a commission or fee of 3 percent for
595 collection of such special assessments.
596 Section 11. Special assessment as a lien.—The special
597 assessment levied and assessed by the district shall be a lien
598 upon the property so assessed along with the county taxes
599 assessed against such property until said assessments and taxes
600 have been paid, and if the special assessment levied by the
601 district becomes delinquent, such special assessment shall be
602 considered a part of the county tax subject to the same
603 penalties, charges, fees, and remedies for enforcement and
604 collection of such taxes.
605 Section 12. Deposit of special assessments; fees; authority
606 to disburse funds.—
607 (1) The proceeds of the assessments and funds of the
608 district shall be deposited in qualified public depositories, in
609 accordance with chapters 191 and 280, Florida Statutes, in the
610 name of the district in a bank authorized to receive deposits of
611 district funds. The bank shall be designated by a resolution of
612 the board.
613 (2) All warrants for the payment of labor, equipment, and
614 other expenses of the board, and in carrying into effect this
615 act and the purpose thereof, shall be payable by the treasurer
616 of the board on accounts and vouchers approved and authorized by
617 the board. No funds of the district shall be paid out or
618 disbursed except by check signed by the treasurer of the board
619 and either the chair or vice chair of the board.
620 Section 13. Authority to borrow money.—
621 (1) The board of fire commissioners shall have the power
622 and authority to borrow money or issue other evidences of
623 indebtedness for the purposes of the district in accordance with
624 chapters 189 and 191, Florida Statutes, provided, however, that
625 the total payments in any 1 year, including principal and
626 interest, on any indebtedness incurred by the district shall not
627 exceed 50 percent of the total annual budgeted revenues of the
628 district.
629 (2) The board of fire commissioners as a body, or any of
630 the members of the board as individuals, shall not be personally
631 or individually liable for the repayment of such loan. Such
632 repayment shall be made out of the receipts of the district,
633 except as provided in this subsection. The fire commissioners
634 shall not create any indebtedness or incur obligations for any
635 sum or amount that they are unable to repay out of district
636 funds available to them at that time, except as otherwise
637 provided in this act, provided, however, that the fire
638 commissioners may make purchases of equipment on an installment
639 basis as necessary if funds are available for the payment of the
640 current year’s installment on such equipment plus the amount due
641 in that year on any other installments and the repayment of any
642 bank loan or other existing indebtedness that may be due that
643 year.
644 Section 14. Use of district funds.—No funds of the district
645 shall be used for any purposes other than the administration of
646 the affairs and business of the district; the payment of
647 salaries and expenses to fire commissioners; the construction,
648 care, maintenance, upkeep, operation, and purchase of
649 firefighting and rescue equipment or a fire station or emergency
650 medical station; the payment of public utilities; the payment of
651 salaries of district personnel; the payment of expenses of
652 volunteers; the payment to the Spring Hill Fire Rescue District;
653 and such other payment and expenses as the board may from time
654 to time determine to be necessary for the operations and
655 effectiveness of the district.
656 Section 15. Record of board meetings; authority to adopt
657 rules and regulations; annual reports; budget.—
658 (1) A record shall be kept of all meetings of the board,
659 and in such meetings concurrence of a majority of the fire
660 commissioners present shall be necessary to any affirmative
661 action by the board.
662 (2) The board shall have the authority to adopt and amend
663 policies and regulations for the administration of the affairs
664 of the district under the terms of this act and chapters 189 and
665 191, Florida Statues, which shall include, but not be limited
666 to, the authority to adopt the necessary rules and regulations
667 for the administration and supervision of the property and
668 personnel of the district; for the prevention of fires, fire
669 control, fire hydrant placement, and flow testing in accordance
670 with current NFPA rules; and for rescue work within the
671 district.
672 (3) The board of fire commissioners shall have the
673 authority to adopt uniform fire prevention ordinances. Such
674 ordinances shall be signed, dated, and recorded with the Clerk
675 of the Court of Hernando County and published as provided by
676 state law. Ordinances shall be effective after publication,
677 which constitutes legal notice of same.
678 (4) The board shall, on or before November l, make an
679 annual report of its actions and accounting of its funds as of
680 September of that year and shall file said report in the office
681 of the Clerk of the Circuit Court of Hernando County, whose duty
682 it shall be to receive and file said report and hold and keep
683 the same as a public record.
684 (5) For the purposes of carrying into effect this act, the
685 board shall annually prepare, consider, and adopt a district
686 budget pursuant to the applicable requirements of chapters 189
687 and 191, Florida Statutes. The board shall, at the same time as
688 it makes its annual report, file its estimated budget for the
689 fiscal year beginning October 1, which budget shall show the
690 estimated revenue to be received by the district and the
691 estimated expenditures to be incurred by the district in
692 carrying out its operations. The fire commissioners shall adopt
693 a fiscal year for said fire district, which shall be October 1
694 to September 30.
695 Section 16. Authority to enact fire prevention ordinances
696 and enter land; authority to provide fire, rescue, and emergency
697 medical services.—
698 (1) The board of fire commissioners shall have the right
699 and power to enact fire prevention ordinances as provided by
700 general law. When the provisions of such fire prevention
701 ordinances are determined by the board to be violated, the
702 office of the state attorney, upon written notice of such
703 violation issued by the board, is authorized to prosecute such
704 person or persons held to be in violation thereof. Any person
705 found guilty of a violation may be punished as provided in
706 chapter 775, Florida Statutes, as a misdemeanor of the second
707 degree. The cost of such prosecution shall be paid out of the
708 district funds, unless otherwise provided by law. The district
709 shall have the authority to appoint a fire marshal, who may be a
710 member of the Spring Hill Fire Rescue and Emergency Medical
711 Services District, to carry out the responsibilities of the
712 district fire marshal.
713 (2) The fire marshal or duly authorized inspector shall be
714 authorized to enter, at all reasonable hours, any building or
715 premises for the purpose of making any inspection or
716 investigation which the State Fire Marshal is authorized to make
717 pursuant to state law and regulation. The owner, lessee,
718 manager, or operator of any building or premises shall permit
719 the district fire marshal or duly authorized inspector to enter
720 and inspect the building or premises at all reasonable hours.
721 The fire marshal or duly authorized inspector shall report any
722 violations of state fire safety laws or regulations to the
723 appropriate officials.
724 (3) The district is authorized to establish and maintain
725 emergency medical and rescue response services and acquire and
726 maintain rescue, medical, and other emergency equipment, subject
727 to the provisions of chapter 401, Florida Statutes.
728 Section 17. Annexations.—If any municipality or other fire
729 control district annexes any land included in the district, such
730 annexation shall follow the procedures set forth in section
731 171.093, Florida Statutes.
732 Section 18. Dissolution.—The district shall exist until
733 dissolved in the same manner as it was created.
734 Section 19. Immunity from tort liability.—
735 (1) The district and its officers, agents, and employees
736 shall have the same immunity from tort liability as other
737 agencies and subdivisions of the state. The provisions of
738 chapter 768, Florida Statutes, shall apply to all claims
739 asserted against the district.
740 (2) The district fire commissioners and all officers,
741 agents, and employees of the district shall have the same
742 immunity and exemption from personal liability as is provided by
743 chapter 768, Florida Statutes.
744 (3) In accordance with chapter 768, Florida Statutes, the
745 district shall defend all claims against the fire commissioners
746 and officers, agents, and employees of the district which arise
747 within the scope of employment or purposes of the district and
748 shall pay all judgments against said persons, except where said
749 persons acted in bad faith or with malicious purpose or in a
750 manner exhibiting wanton and willful disregard of human rights,
751 safety, or property.
752 Section 20. District expansion.—The corporate limits of the
753 Spring Hill Fire Rescue and Emergency Medical Services District
754 may be extended and enlarged from time to time pursuant to the
755 following procedure:
756 (1)(a) A definitely described tract of land lying
757 contiguous to the boundaries of the district described in
758 section 1, or as the same may from time to time exist, or one or
759 more tracts of land lying contiguous to the boundaries, or one
760 or more tracts of land lying contiguous to each other with one
761 of the tracts lying contiguous to the boundaries of the
762 district, may be included in the district when a written
763 petition for inclusion signed by a majority of the owners of the
764 real property within the tract or tracts to be included in the
765 district has been presented to the board of fire commissioners
766 and the proposal has been approved by the affirmative vote of no
767 fewer than three members of the board of fire commissioners at a
768 regular meeting.
769 (b) The petition must contain the legal description of the
770 property sought to be added to the district and the names and
771 addresses of the owners of the property.
772 (2) If a proposal to add an area to the district as defined
773 in subsection (1) is approved by the affirmative vote of no
774 fewer than three members of the board of Fire Commissioners at a
775 regular meeting, the board of Fire Commissioners shall
776 thereafter adopt a resolution describing the lands to be
777 included within the district and shall cause such resolution to
778 be duly enrolled in the record of the meeting and a certified
779 copy of the resolution to be recorded in the office of the Clerk
780 of the Circuit Court in Hernando County.
781 (3) Upon adoption of the resolution by the board, the
782 district shall, pursuant to chapter 191, Florida Statutes,
783 request its legislative delegation to approve said addition and
784 sponsor legislation amending the district boundary. Upon
785 approval by the Legislature, the boundary shall be amended.
786 (4) In lieu of a petition from the property owners, the
787 Board of County Commissioners of Hernando County by affirmative
788 resolution and the Board of Commissioners of the Spring Hill
789 Fire Rescue and Emergency Medical Services District by
790 affirmative resolution may jointly request its legislative
791 delegation to approve the addition of land lying contiguous to
792 the boundaries of the district and sponsor legislation amending
793 the district boundary. Upon approval by the Legislature, the
794 boundary shall be amended.
795 Section 21. Construction.—This act shall be construed as
796 remedial and shall be liberally construed to promote the purpose
797 for which it is intended.
798 Section 22. Effect.—In the event that any part of this act
799 should be held void for any reason, such holding shall not
800 affect any other part thereof.
801 Section 23. Exclusive charter.—This act constitutes the
802 exclusive charter of the Spring Hill Fire Rescue and Emergency
803 Medical Services District.
804 Section 24. Referendum.—The provisions of section 6 that
805 authorize the levy of ad valorem taxation shall take effect only
806 upon the approval by a vote of the electors of the district as
807 may be required by the State Constitution. The Board of County
808 Commissioners of Hernando County shall call and the Supervisor
809 of Elections of Hernando County shall conduct a referendum at
810 the next election of the district or at a special election
811 called by the board for that purpose at which referendum the
812 qualified electors in the district shall approve or reject the
813 authority of the district to levy ad valorem taxes provided in
814 this act. Any subsequent increase in said tax levy may only be
815 made with the approval of the electors of the district at a
816 special election called by the board and held for that purpose.
817
818 The ballot language of the title and question shall be as
819 follows:
820 SHALL LANDS WITHIN SPRING HILL BE SERVED BY THE SPRING
821 HILL INDEPENDENT FIRE DISTRICT?
822
823 The district may charge user fees, impact fees, special
824 assessments, and levy property taxes up to 2.5 mills on
825 jurisdictional lands, and shall provide one standard for fire
826 and rescue services to be provided by the closest responder,
827 regardless of municipal boundaries within its jurisdiction.
828
829 _____Yes
830 ______No
831
832 Section 25. This act shall take effect upon becoming a law,
833 except that the provisions of section 6 that authorize the levy
834 of ad valorem taxation shall take effect only upon express
835 approval by a majority vote of those qualified electors of the
836 Spring Hill Fire Rescue and Emergency Medical Services District,
837 as required by Section 9 of Article VII of the State
838 Constitution, voting in the referendum held pursuant to section
839 24. Such election shall be held in accordance with the
840 provisions of general law relating to elections.