HB 1393

1
A bill to be entitled
2An act relating to Broward County; providing legislative
3findings; providing for the creation of the Broward
4Independent Fire District; providing boundaries and
5jurisdiction; providing for composition and rules and
6regulations of the board; providing powers and duties of
7the district; providing for financial powers and
8procedures of the district; providing for the power to
9impose impact fees, special assessments, user fees, and ad
10valorem taxes; providing a ballot statement; requiring a
11referendum; providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Legislative findings.-Broward County is the
16second most populous county in the state, with 31 municipalities
17within the county and little unincorporated area within the
18developed portion of the county, and is one of the fastest
19growing areas in the nation. Twenty governmental entities
20provide fire and emergency medical services within Broward
21County, and 14 governmental entities provide emergency
22communications within Broward County. Many fire and emergency
23medical services providers within Broward County do not have
24common radio equipment or channels, and fire and emergency
25medical services response within Broward County is often not by
26the closest available unit because of the territory of separate
27providers. The Legislature has attempted and continues to
28attempt to foster services on the local level by the best and
29most cost-effective means; thus, the Legislature wishes to
30create an urban fire district that will be a vehicle for the
31provision of urban fire and emergency medical services to ensure
32that the highest level of services to Broward County is
33provided, upon voluntary request by present providers of fire
34and emergency medical services throughout Broward County.
35Therefore, the Legislature intends to provide an independent
36entity for coordinated fire and emergency medical services
37throughout Broward County that has uniform countywide standards,
38and the Legislature intends the district to be independent of
39Broward County or any one municipality such that any local
40government may have fire and emergency medical services provided
41to it by voluntary approval of the local government.
42     Section 2.  Creation.-There is created within the confines
43of Broward County the "Broward Independent Fire District," an
44independent special district hereinafter referred to as the
45"district."
46     Section 3.  Boundaries.-All lands within Broward County
47shall be within the district.
48     Section 4.  Jurisdiction.-The jurisdiction of the district
49to provide fire and emergency medical services shall be those
50lands within the district where there has been a resolution of a
51governing body of a municipality where lands are situated
52approving of services by the district for such lands. A
53resolution shall be approved by Broward County for any
54unincorporated lands. The assent for the fire and emergency
55medical services must also be obtained where fire or emergency
56medical services are provided to lands by a provider other than
57the government providing municipal services. A municipality or
58Broward County may not withdraw from the jurisdiction of the
59district within 5 years after joining the district. After 5
60years, a municipality or Broward County may withdraw from the
61district by passing a resolution and giving notice to the
62district by June 1st of the preceding calendar year in order to
63withdraw by September of the next calendar year.
64     Section 5.  Governing body.-
65     (1)  The governing body of the Broward Independent Fire
66District shall be the Broward Fire Board.
67     (2)  All members of the Broward Fire Board shall be chosen
68from elected officials of the general-purpose government in
69which lands are served by the district and which provide for
70municipal services. Broward County shall be deemed the provider
71of municipal services for any unincorporated lands.
72     (3)  The Broward Fire Board shall be composed as follows:
73     (a)  If lands within only one local government are served
74by the district, the Broward Fire Board shall be composed of
75three members appointed by the local government from among the
76members of its governing body.
77     (b)  If lands within two local governments are served by
78the district, each local government shall appoint one member
79from its governing body.
80     (c)  If lands within three local governments are served by
81the district, each local government shall appoint one member
82from its governing body.
83     (d)  If lands within four or more local governments are
84served by the district, each local government shall appoint one
85member to the Broward Fire Board from its governing body.
86     (4)  All matters brought before the Broward Fire Board must
87receive a majority vote by the members of the board before the
88matter is adopted or approved.
89     (5)  If lands served by the district are situated in more
90than nine local governments, the Broward Fire Board may create
91an executive committee of not fewer than five or more than nine
92members. The Executive Committee of the Broward Fire Board is
93authorized to make such decisions and perform all functions of
94the full Broward Fire Board, except that only a majority of a
95quorum of the full fire board may approve user charges, impact
96fees, or special assessments or levy any tax.
97     (6)  A quorum of the Broward Fire Board shall be a majority
98of its members, except that if the membership of the Broward
99Fire Board reach 12 members, a quorum may be set by resolution
100of the Broward Fire Board but in no instance may the quorum be
101fewer than seven members.
102     (7)  The Broward Fire Board shall elect one of its members
103as chair and one as vice chair to serve for 1 year each in those
104capacities or until their successors are elected.
105     (8)  Members of the Broward Fire Board shall be appointed
106for 2-year terms and shall not be subject to term limits.
107     (9)  The Broward Fire Board shall appoint such officers
108from among its members as it deems necessary.
109     (10)  The Broward Fire Board shall operate the district in
110accordance with this act and chapters 189 and 191, Florida
111Statutes, and with any other applicable general or special law,
112except as provided in this act.
113     (11)  The Broward Fire Board shall have the power to create
114subdistricts composed of not less than all of the lands within
115one local government that are served by the district. For
116purposes of Article VII, section 2 of the State Constitution,
117each subdistrict shall be a separate taxing unit.
118     (12)  Members of the Broward Fire Board shall receive no
119compensation but shall be reimbursed for travel and per diem
120expenses as provided in section 112.061, Florida Statutes.
121     Section 6.  Powers of the district.-
122     (1)  The district through the Broward Fire Board shall
123promulgate by resolution the following:
124     (a)  One standard for all levels of service for
125firefighting and for delivery of emergency medical services
126within the jurisdictional portion of the district.
127     (b)  One integrated communications system throughout the
128jurisdictional portion of the district for all fire and
129emergency medical services.
130     (c)  Closest response for delivery of all fire and
131emergency medical services within the jurisdictional portion of
132the district.
133     (d)  The district shall create a 5-year plan for the
134provision of fire and emergency medical services for all of the
135district and Broward County.
136     (e)  The district shall have the authority to establish,
137equip, operate, and maintain a fire department and emergency
138medical services squad within the jurisdictional portion of the
139district and may buy, lease, sell, exchange, or otherwise
140acquire and dispose of firefighting and emergency medical
141equipment and other real, personal, or mixed property that it
142may from time to time deem necessary to prevent and extinguish
143fires or provide emergency medical services. This shall include,
144but is not limited to, the authority to hire and fire a fire
145administrator, firefighters, and other personnel; to accept
146gifts or donations of equipment or money for the use of the
147district; and to do all things necessary to provide adequate
148water supply, fire prevention, and proper fire protection for
149the jurisdictional portion of the district.
150     (f)  The fire board shall have the authority to enter into
151interlocal agreements for any purpose related to providing fire
152or emergency medical services within Broward County pursuant to
153part 1 of chapter 163, Florida Statutes.
154     (g)  The district may establish and maintain emergency
155medical and rescue response services within the jurisdictional
156portion of the district consistent with section 191.008(1),
157Florida Statutes, provisions of chapter 401, Florida Statutes,
158and any certificates of public convenience and necessity or its
159equivalent issued there under.
160     (h)  The district may contract with any governmental agency
161within Broward County to provide for services other than fire
162suppression, fire prevention, and emergency medical services
163within the jurisdictional portion of the district.
164     (i)  In addition to any other power to borrow money as may
165be provided by this act or by law, the district may borrow
166sufficient funds to provide for 3 months' operating expenses,
167with such loan to be repaid from anticipated revenues.
168     (2)  Within the jurisdictional portion of the district, the
169district shall have authority to inspect and investigate all
170property for fire hazards. The fire board, by resolution duly
171adopted, may assess fees for fire inspection and maintenance and
172replacement of hydrants in an amount reasonably related to the
173cost thereof and may adopt provisions creating a lien or
174providing for civil enforcement of such assessments.
175     (3)  All fire inspectors engaged by the district shall be
176certified by the Broward County Board of Rules and Appeals and
177be certified firefighters.
178     (4)  All certified firefighters, certified emergency
179medical technicians, and licensed paramedics employed by a
180municipality, the Broward Sheriff's Office, or Broward County
181who were members of a bargaining unit certified by the Public
182Employees Relations Commission shall, upon transfer of services
183by a municipality, the Broward Sheriff's Office, or Broward
184County, be employed by the district without loss of rank or
185equivalent position of command, pay, benefits, accrued leave,
186seniority, or pension.
187     (5)  Wages, hours, and conditions of employment of
188certified firefighters, certified emergency medical technicians,
189and licensed paramedics, upon transfer of services from a
190municipality, the Broward Sheriff's Office, or Broward County to
191the district who were members of a bargaining unit certified by
192the Public Employees Relations Commission shall be no less than
193while employed by their former municipality, the Broward
194Sheriff's Office, or Broward County.
195     (6)  Within the jurisdictional portion of the district, the
196district is authorized to promulgate rules and regulations for
197the prevention of fire and for fire control in the district,
198which shall have the same force and effect as law 10 days after
199copies thereof executed by the chair and secretary of the
200Broward Fire Board have been posted in at least three places.
201     (7)  The duties and powers of the Broward Fire Board shall
202be set forth in this act and chapter 191, Florida Statutes,
203except as provided in this act.
204     Section 7.  Finances.-The powers, functions, and duties of
205the district within the jurisdictional portion of the district
206regarding ad valorem taxation, bond issuance, other revenue-
207raising capabilities, budget preparation and approval, liens and
208foreclosure of liens, use of tax deeds and tax certificates as
209appropriate for non-ad valorem assessments, and contractual
210agreements, and the methods for financing the district and for
211collecting non-ad valorem assessments, fees, or service charges,
212shall be as set forth in this act, in chapters 170, 189, 191,
213and 197, Florida Statutes, and in any applicable general or
214special law.
215     (1)  The fire board shall annually, during the month of
216June, make an itemized estimate of the amount of moneys required
217to carry out the provisions of this act for the next fiscal year
218of the board, which fiscal year shall be from October 1 to and
219including the next succeeding September 30, which estimate shall
220state the purpose for which the moneys are required and the
221amount necessary to be raised by taxation within the
222jurisdictional portion of the district, which budget and
223proposed millage rate shall be noticed, heard, and adopted in
224accordance with chapters 192 through 200, Florida Statutes.
225     (2)  Within the jurisdictional portion of the district, the
226total millage for the district shall not exceed 3.75 mills in
227any one fiscal year. However, the total millage may be increased
228pursuant to section 191.009, Florida Statutes, after such
229increase has been approved by referendum.
230     (3)  Taxes provided for in this act shall be assessed and
231collected, and subject to the same commission and fees for
232assessing and collecting, in the same manner and form as
233provided for the assessment and collection of county taxes,
234except as otherwise provided in this act.
235     (4)  When the tax collector has collected the taxes
236provided for by this act, he or she shall, on or before the 10th
237day of each month, report to the secretary-treasurer of the fire
238board the collection made for the preceding month and remit the
239taxes collected to the secretary-treasurer of the fire board.
240     (5)  All warrants for the payment of labor, equipment,
241materials, and other allowable expenses incurred by the fire
242board in carrying out the provisions of this act shall be
243payable by the secretary-treasurer of the fire board on accounts
244and vouchers approved by the fire board.
245     (6)  The district shall have the power to issue general
246obligation bonds, assessment bonds, bond anticipations notes,
247notes, or certificates or other evidences of indebtedness,
248hereinafter referred to as "bonds," pledging the full faith,
249credit, and taxing power of the district for capital projects
250consistent with the purposes of the district in accordance with
251the requirements of section 191.012, Florida Statutes, and other
252applicable general law.
253     (a)  Except for refunding bonds, no bonds shall be issued
254unless the issuance thereof has been approved at a referendum
255held in accordance with the requirements for such referendum as
256proscribed by general law. A referendum shall be called by the
257board of county commissioners upon the request of the fire
258board. The expenses of calling and holding the referendum shall
259be borne by the district and the district shall reimburse the
260county for any expenses incurred in calling or holding such
261referendum.
262     (b)  The district may pledge its full faith and credit for
263the payment of the principal and interest on such general
264obligation bonds and for any reserve funds provided therefor and
265may unconditionally and irrevocably pledge itself to levy a
266special tax on all taxable property in the district, to the
267extent necessary for the payment thereof, over and above all
268other taxes authorized or permitted by this act.
269     (c)  If the fire board determines to issue bonds for more
270than one purpose, the approval of the issuance of the bonds for
271each and all such purposes may be submitted to the electors on
272one and the same ballot. The failure of the electors to approve
273the issuance of bonds for any one or more purposes shall not
274defeat the approval of bonds for any purposes that are approved
275by the electors.
276     (d)  Notwithstanding any provision of law to the contrary,
277all bonds issued under the provisions of this act shall
278constitute legal investments for savings banks, banks, trust
279companies, insurance companies, executors, administrators,
280trustees, guardians, and other fiduciaries and for any board,
281body, agency, instrumentality, county, municipality, or other
282political subdivision of the state and shall constitute security
283that may be deposited by banks or trust companies as security
284for deposits of state, county, municipal, or other public funds
285or by insurance companies, as required, or voluntary statutory
286deposits.
287     (e)  Any bonds issued by the district shall be
288incontestable in the hands of bona fide purchasers or holders
289for value and shall not be invalid because of any irregularity
290or defect in the proceedings for the issue and sale thereof.
291     (f)  The state pledges to the holders of any bonds issued
292under this act that it will not limit or alter the rights of the
293district to levy and collect the taxes provided for in this act
294and to fulfill the terms of any agreement made with the holders
295of such bonds and that it will not in any way impair the rights
296or remedies of such holders.
297     (g)  A default on the bonds of the district shall not
298constitute a debt or obligation of a local general-purpose
299government or the state.
300     Section 8.  Impact fees.-
301     (1)  The fire board may allow for the assessment and
302collection of impact fees for capital improvement on new
303construction within the jurisdictional portion of the district.
304     (a)  It is readily apparent that additional equipment and
305facilities will be needed to meet the expanding commercial and
306residential growth within the district.
307     (b)  It is declared that the cost of new facilities and
308equipment for fire protection and related emergency medical
309services, shall be borne by new users of the district's
310services, to the extent that new construction requires new
311facilities and equipment, but only to that extent.
312     (c)  It is therefore the legislative intent to transfer to
313the new users of the district's fire protection and related
314emergency medical services a fair share of the costs of new
315facilities imposed on the district by new users.
316     (d)  It is hereby declared that the amounts of impact fees
317for capital improvement provided for in this section are just,
318reasonable, and equitable.
319     (2)  No person shall issue or obtain a building permit for
320new residential dwelling units or new commercial or industrial
321structures within the jurisdictional portion of the district, or
322issue or obtain construction plan approval for new mobile home
323developments located within the jurisdictional portion of the
324district, until the developers thereof have paid to the district
325the applicable impact fees for capital improvements hereinafter
326set forth. Impact fees for capital improvements to be assessed
327and collected under this section shall not exceed the following,
328unless revised pursuant to the provisions of section 191.009(4),
329Florida Statutes:
330     (a)  Each new residential dwelling unit: $.15 per square
331foot of living area.
332     (b)  Each new commercial or industrial structure: $.30 per
333square foot of usable area.
334     (c)  Each new mobile home development: $.15 per square foot
335of permitted living area.
336
337"Living area" means that area of any structure that is covered
338by a roof. "Permitted living area" means 25 percent of the area
339covered by the individual lots.
340     (3)  For the purposes of this section, each unit of any
341multifamily structure, whether it be a duplex, triplex,
342cooperative apartment, or condominium or similar type of
343structure, shall be considered a residential dwelling unit.
344     (4)  For the purposes of this section, any motel, hotel,
345shopping center, church, nursing home, hospital, congregate
346living facility not part of an actual residence, school,
347fraternal lodge, veteran's lodge, or similar structure shall be
348considered a commercial structure.
349     (5)  Impact fees for capital improvement collected by the
350district pursuant to this section shall be kept and maintained
351as a separate fund from other revenues of the district and shall
352be used exclusively for the acquisition, purchase, or
353construction of new facilities and equipment, or portions
354thereof, required to provide fire protection and related
355emergency medical services to new construction. "New facilities
356and equipment" means buildings and capital equipment, including,
357but not limited to, such fire and emergency vehicles and
358communications equipment as may from time to time be deemed
359necessary by the district to provide fire protection and related
360emergency medical services to the areas of new construction.
361     (6)  The impact fees for capital improvement collected
362under this section shall not be used for the acquisition,
363purchase, or construction of facilities or equipment that must
364be obtained in any event to meet the needs of the district,
365regardless of growth within the district.
366     (7)  The fire board shall maintain adequate records to
367ensure that impact fees for capital improvement collected under
368this section are expanded only for permissible new facilities or
369equipment.
370     (8)  The fire board shall determine the maximum amount of
371impact fees to be assessed in any one fiscal year. This
372determination shall be made prior to the immediately succeeding
373fiscal year. However, if the fire board authorizes the
374collection of impact fees in an amount less than the maximum
375specified in this act, then these fees shall be uniform in each
376type of new construction subject to the fee. The fire board's
377determination of the amount of the impact fee to be assessed in
378any one fiscal year shall be based on the requirements set forth
379in this section.
380     (9)  The impact fee for capital improvement called for in
381this section may be reduced by 50 percent if the owner of the
382permitted structure installs fire sprinklers in accordance with
383NFPA pamphlets 13 and 13D. Only full sprinkler coverage is
384acceptable for this reduction.
385     Section 9.  Elections.-
386     (1)  When a referendum or special election is required
387under the provisions of this act, the district shall reimburse
388the county for the costs of such election.
389     (2)  The procedures for conducting any district elections
390or referendum required and the qualifications of any elector of
391the district shall be as set forth in chapters 189 and 191,
392Florida Statutes, except as provided in this act.
393     Section 10.  Eminent domain.-Within the jurisdictional
394portion of the district, the district shall have the authority
395to exercise the power of eminent domain, pursuant to chapters
39673, 74, and 191, Florida Statutes, over any property located
397within the jurisdictional portion of the district, except
398municipal, county, state, or federal property, for the purposes
399of acquiring property for the location of a fire station,
400training facility, maintenance facility, and administration
401building. The location and construction of fire stations shall
402comply with applicable Broward County and municipal ordinances.
403     Section 11.  Miscellaneous.-
404     (1)  All contracts, obligations, rules, resolutions, or
405policies of any nature existing on the date of enactment of this
406act shall remain in full force and effect, and this act shall in
407no way affect the validity of such contracts, obligations,
408rules, resolutions, or policies.
409     (2)  Requirements for financial disclosure, meeting
410notices, reporting, public records maintenance, and planning
411shall be as set forth in chapters 189, 191, and 286, Florida
412Statutes.
413     (3)  The Charter of the Broward Independent Fire District
414may be amended by special act of the Legislature.
415     (4)  In the event any section or provision of this act is
416determined to be invalid or unenforceable, such determination
417shall not affect the validity and enforceability of each other
418section and provision of this act.
419     Section 12.  The Broward Independent Fire District shall
420begin operations and provision of services upon lands within a
421local government complying with the procedures in section 4.
422     Section 13.  This act shall terminate and be of no force
423and effect if neither Broward County nor any municipality within
424Broward County passes a resolution within 5 years after the
425effective date of this act, as provided in section 4.
426     Section 14.  (1)  This act, except for this section and
427section 15, which shall take effect upon this act becoming a
428law, shall take effect only if it is approved by a majority vote
429of those qualified electors of Broward County voting in a
430referendum to be called by the Supervisor of Elections of
431Broward County on November 2, 2010, in accordance with the
432provisions of law relating to elections currently enforced in
433Broward County. In this election, procedures prescribed in
434sections 101.6101-101.6107, Florida Statues, may not be used.
435     (2)  The ballot language of the title and question shall be
436as follows:
437
438Shall there be created the Broward Independent Fire District to
439provide fire and rescue services to certain lands and residents
440within those lands, where the municipal government for the lands
441has agreed to join the district?
442
443The district may charge user fees, impact fees, special
444assessments, and levy property taxes up to 3.75 mills on
445jurisdictional lands, and shall provide one standard for fire
446and rescue services to be provided by the closest responder,
447regardless of municipal boundaries within its jurisdiction.
448
449Yes ___
450No ___
451     Section 15.  This act shall take effect upon approval by a
452majority vote of those qualified electors of Broward County
453voting in a referendum to be called by the Broward County
454Supervisor of Elections on November 2, 2010, except that this
455section and section 14 shall take effect upon this act becoming
456a law.


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