HB 809

1
A bill to be entitled
2An act relating to the Panther Creek Fire Control and
3Rescue District, Collier County; creating the district as
4an independent special district; providing for future
5merger of districts; providing legislative intent;
6providing purpose of the district; providing boundaries;
7providing for a governing body; providing powers of the
8district; providing that the district may levy ad valorem
9taxes and non-ad valorem assessments; authorizing the
10district to borrow money; providing for impact fees;
11providing for elections; providing that the district may
12exercise the power of eminent domain; providing for effect
13of municipal annexation or incorporation; providing
14immunity from tort liability; providing for transition;
15providing for district employees in the event of a merger;
16providing for creation of the Southwest Florida Fire
17Control and Rescue District by merger of the district with
18another specified district; providing for transfer of
19powers; providing for a referendum on merger of districts;
20providing a contingent effective date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24     Section 1.  Legislative findings.-Collier County is
25comprised of 2,032 square miles with three municipalities and a
26large unincorporated area within the developed portion of the
27county. In addition to county and municipal governments, there
28are five independent special fire control and rescue districts
29that provide fire and rescue services to unincorporated areas in
30Collier County. They are the Big Corkscrew Independent Special
31Fire Control and Rescue District, the East Naples Fire Control
32and Rescue District, the Golden Gate Fire Control and Rescue
33District, the Immokalee Fire Control and Rescue District, and
34the North Naples Fire Control and Rescue District. As a result
35of having five independent special fire control and rescue
36districts providing similar services, decreasing revenues and
37increasing costs of providing such services, the Legislature
38intends to create a voluntary process allowing the existing
39independent special fire control and rescue districts in Collier
40County to merge their existing operations into one of two newly
41created independent special fire control districts with a
42procedure for the future merger of these two districts into a
43consolidated independent special fire control district. It is
44the intent of the Legislature that these two new districts not
45become operational until an existing independent special fire
46control and rescue district elects to merge into one of the
47newly created districts. Although an immediate consolidated
48independent special fire control and rescue district may be
49ideal, the Legislature recognizes that it may be necessary to
50allow for the incremental consolidation of similar independent
51special fire control districts in order to make the complete
52consolidation successful. The Legislature also recognizes that
53although general law allows for the merger of independent
54special fire control and rescue districts, it is silent as to
55the process that must be followed. To promote and assist with
56the future merger of these two newly created independent special
57fire control districts, a process is also created to allow for
58the future merger of these two districts without further action
59of the Legislature. This new consolidated independent special
60fire control district may also provide the future opportunity
61for the provision of fire and rescue services at the highest
62level of services in Collier County with uniform countywide
63standards. The special district created pursuant to this act is
64a separate governmental entity independent of Collier County,
65any municipality in Collier County, or any other independent
66special fire control and rescue district in Collier County.
67     Section 2.  Creation; survival; operations.-
68     (1)  Pursuant to chapters 189 and 191, Florida Statutes,
69there is created the Panther Creek Fire Control and Rescue
70District, an independent special fire control and rescue
71district and body corporate and politic located in Collier
72County, hereinafter referred to as either the "district" or
73"PCFCD." Although the district is created by this act, the
74district will only become operational pursuant to subsection
75(4).
76     (2)  All current legislative authority granted to any
77independent special fire control and rescue district or
78districts electing to merge with PCFCD shall survive the merger
79with the district and shall be powers of the district, including
80the ability to levy an ad valorem millage rate as authorized by
81the Legislature and previously approved by referendum of the
82electing independent special fire control and rescue district or
83districts.
84     (3)  An independent special fire control and rescue
85district electing to merge with the PCFCD shall adopt a
86resolution electing to merge with the PCFCD resulting in the
87PCFCD providing service to its residents. An independent special
88fire control and rescue district that makes such election prior
89to its designated district becoming operational pursuant to
90subsection (4) shall include within its resolution the
91referendum question that is to be presented as provided in
92section 21. If more than one independent special district elect
93to merge with the PCFCD prior to it becoming operational but
94disagree as to which referendum question to present, then option
951 in section 21 shall be the referendum question presented to
96the electors.
97     (4)  The PCFCD shall not become operational ("operational
98date") until 14 days after the approval by a majority vote of
99those qualified electors of the independent special fire control
100and rescue district or the combined qualified electors of the
101independent special fire control and rescue districts in Collier
102County voting in a referendum requested by the independent
103special fire control and rescue district or districts, called by
104the Board of County Commissioners of Collier County, and
105conducted by the Supervisor of Elections of Collier County.
106     (5)  If the PCFCD's operational date will be less than 5
107months prior to a general election, the resolutions of all
108independent special fire control and rescue districts that elect
109to merge with the PCFCD must be adopted no later than 75 days
110prior to the general election.
111     (6)  After PCFCD's operational date, the district's
112governing board shall determine if it wants to revise the name
113of the district during its initial organizational meeting and
114shall notify the Department of State and the Department of
115Community Affairs of the district's operational date and its new
116name, if applicable.
117     Section 3.  Purpose.-The purpose of this act is to promote
118the health, welfare, and safety of the citizens and residents of
119Collier County by providing for firefighting equipment; to
120establish and maintain fire stations and fire substations; to
121acquire and maintain all firefighting and protection equipment
122necessary for the prevention of fires or fighting of fires; to
123employ and train such personnel as may be necessary to
124accomplish fire prevention and firefighting; to establish and
125maintain emergency medical services; to acquire and maintain
126rescue and other emergency equipment; and to employ and train
127necessary emergency personnel within the district's boundaries.
128The district shall have all other powers necessary to carry out
129the purposes of the district as otherwise provided by law,
130including, but not limited to, the power to adopt all necessary
131measures, rules, regulations, and policies relating to such
132purposes. Nothing in this act shall prevent the district from
133cooperating with the state or other local governments to render
134such services as from time to time may be deemed desirable.
135     Section 4.  Boundaries; service provider.-
136     (1)  The lands within the district shall be limited to
137those areas in Collier County where an independent special fire
138control and rescue district has adopted a resolution electing to
139merge with the district as provided for in section 2. The
140district shall be the service provider to such lands of the
141independent special fire control and rescue district upon the
142effective date of merger.
143     (2)  The district's boundaries shall also include those
144properties in which the county or a municipality transfers its
145powers to provide fire protection and rescue services to such
146properties by the district in accordance with this act. The
147district shall be the service provider to such properties upon
148the effective date of the transfer. The district may not levy ad
149valorem taxes upon the transferred properties until such time as
150an ad valorem millage rate is approved by the electors of the
151area. However, the district shall be able to charge non-ad
152valorem assessments and all other fees immediately upon the
153properties after the transfer. Until the electors of the
154transferred properties approve the district's millage rate, the
155local government that transferred its powers to the district
156shall pay the district, by January 1 of each year, an amount
157equal to the ad valorem taxes or assessments that the district
158would have collected had the district been able to levy and
159assess its ad valorem taxes on the transferred properties.
160     (3)  The district shall also be the service provider for
161those areas in which an interlocal agreement has been entered
162into with another local government providing for the provision
163of service by the district and those areas that have been
164annexed pursuant to chapter 171, Florida Statutes, in which the
165independent special fire control and rescue district is
166currently providing services pursuant to section 171.093 or part
167II of chapter 171, Florida Statutes.
168     Section 5.  Service delivery areas.-A service delivery
169area, hereinafter referred to as an "SDA," shall be created that
170corresponds with the boundaries of each independent special fire
171control and rescue district that elects to merge with the
172district upon providing written notification to the district of
173its resolution. The boundaries of the electing independent
174special fire control and rescue district shall be those
175boundaries at the time of the resolution's adoption. Any
176independent special district that elected to merge with the
177district prior to the district's operational date shall have a
178corresponding SDA automatically created upon the district's
179operational date. An SDA shall be created to include those
180properties for which the county or a municipality transfers to
181the district its powers to provide fire protection and rescue
182services in accordance with this act. The district may create an
183SDA for those areas for which an interlocal agreement has been
184entered into with another local government within Collier County
185that provides for district services but is not a complete
186transfer of powers to the district ("ex officio SDA").
187     Section 6.  Governing body.-
188     (1)  In accordance with chapter 191, Florida Statutes, the
189district shall be governed by the fire board, whose members
190shall also be known as commissioners.
191     (2)(a)  From the district's operational date until the next
192general election, the fire board shall be comprised of elected
193officials from any independent special fire control and rescue
194district that elects to merge with the district.
195     (b)  The fire board shall be composed as follows:
196     1.  If only one independent special fire control and rescue
197district elects to merge with the district to be its service
198provider prior to the district's operational date, the business
199and affairs of the district shall be conducted and administered
200by a fire board that consists of the electing independent
201special fire control and rescue district's governing body who
202shall serve until the next general election. The fire board
203shall meet and organize the district within 45 days after the
204district's operational date.
205     2.  If more than one independent special fire control and
206rescue district elects to merge with the district prior to the
207district's operational date, each electing independent special
208fire control and rescue district shall appoint three of its
209governing board members to serve on the fire board. Appointment
210by each of the independent special fire control and rescue
211districts electing to merge with the district shall occur within
21230 days after the district's operational date. The newly
213appointed fire board shall meet and organize the district within
21445 days after the district's operational date. The independent
215special fire control and rescue district that first adopts a
216resolution electing to merge with the district shall be
217responsible for organizing the district's initial meeting of the
218fire board.
219     3.  After the operational date and until the next general
220election after such date, an independent special fire control
221and rescue district that elects to merge with the district shall
222appoint three of its governing body members to the fire board
223and provide written notification to the district of its election
224and appointment of members within 15 days after such action.
225     4.  If there is an even number of board members as a result
226of subparagraph 2. or subparagraph 3., the chair of the board
227may only vote in the event of a tie vote of the fire board.
228     5.  A quorum of the fire board shall be a majority of its
229members, excluding ex officio members, except that should the
230membership of the fire board reach 12 members, a quorum may be
231set by resolution of the fire board provided that in no instance
232may the resolution set the quorum at fewer than seven members.
233In order to take official action, an affirmative vote of a
234majority of those members present shall be required.
235     6.  During the organizational meeting provided for under
236subparagraphs 2. and 3., the fire board shall organize by
237electing from its members a chair, a vice chair, a secretary,
238and a treasurer to serve for the duration of their terms.
239     7.  Members of the fire board shall serve until the members
240that are elected in the next general election after the
241operational date take their oaths of office.
242     8.  If the fire board creates an SDA to represent an area
243in which there is an interlocal agreement with a local
244government in Collier County for the district to provide
245service, also known as an ex officio SDA, the local government
246shall appoint one of its governing board members to serve on the
247fire board as an ex officio nonvoting member.
248     (c)  The fire board shall operate the district in
249accordance with this act and chapters 189 and 191, Florida
250Statutes, and with any other applicable general or special law,
251except as provided in this act.
252     (d)  Members of the fire board may each be paid a salary or
253honorarium to be determined by at least a majority plus one vote of
254the board pursuant to chapter 191, Florida Statutes.
255     (3)(a)  Beginning with the next general election after the
256district's operational date, the fire board shall be comprised
257of at least five members, with a member elected from each of the
258SDAs created pursuant to section 5, excluding any ex officio
259SDA. If there are fewer than five SDAs at the time of the
260election and until there are at least five SDAs within the
261boundaries of the district, the fire board shall be comprised of
262five members pursuant to section 191.005, Florida Statutes,
263elected as follows: if there is only one SDA, there shall be
264five at-large seats; if there are two SDAs, there shall be two
265members elected from each SDA and one member elected at large
266within the boundaries of the district; if there are three SDAs,
267there shall be a member elected from each SDA and two members
268elected at large within the boundaries of the district; and if
269there are four SDAs, there shall be a member elected from each
270SDA and one member elected at large within the boundaries of the
271district. An at-large member represents the entire district.
272     (b)  The fire board shall be elected pursuant to chapter
273191, Florida Statutes, by the electors of the district in a
274nonpartisan election held at the time and in the manner
275prescribed for holding general elections in section
276189.405(2)(a), Florida Statutes.
277     (c)  Each SDA, excluding ex officio SDAs, shall be
278represented on the fire board by a member who is a resident of
279the SDA and who has been elected by the electors of the SDA. Any
280at-large member on the fire board shall be a resident of the
281district and shall be elected by the electors of the district.
282Each ex officio SDA shall have a nonvoting member ("ex officio
283member") on the fire board who is a resident of the ex officio
284SDA and is appointed by the local government that the district
285is providing service for pursuant to an interlocal agreement.
286     (d)  The office of each board member, excluding board
287members representing ex officio SDAs, is designated as a seat on
288the fire board, distinguished from each other seat by a numeral,
289and shall represent the associated SDA or at-large seat. Each
290candidate must designate, at the time he or she qualifies, the
291seat on the fire board for which he or she is a candidate: 1, 2,
2923, 4, or 5. The candidate for each seat who receives the most
293votes shall be elected to the fire board.
294     (e)  Commissioners shall serve for terms of 4 years each,
295subject to the provisions of chapter 191, Florida Statutes, and
296shall not be subject to term limits. For the commissioners
297elected in the next general election after the district's
298operational date, the members elected for the odd-numbered seats
299shall serve for 4-year terms each and the members elected for
300the even-numbered seats shall serve for 2-year terms each.
301     (f)  If a commissioner ceases to reside in the SDA from
302which he or she was elected or within the district if an at-
303large seat, the office shall be declared vacant, the
304commissioner shall be disqualified from further service, and the
305remaining commissioners shall appoint a qualified person from
306the SDA associated with the vacant seat.
307     (g)  Each commissioner shall hold office until his or her
308successor is qualified and elected or, in the case of a
309commissioner representing an ex officio SDA, his or her
310successor is appointed, unless that commissioner ceases to be
311qualified, dies, resigns, or is removed from office.
312     (h)  All candidates must qualify for election in accordance
313with chapters 189 and 191, Florida Statutes. In the event a
314candidate seeks to qualify for election by obtaining signatures
315in accordance with section 191.005, Florida Statutes, the
316qualified signatures shall be signatures of electors within the
317SDA for which the candidate seeks election, or if a candidate
318seeks to qualify for election for an at-large seat by obtaining
319signatures, such signatures shall be signatures of electors
320within the district.
321     (i)  Any additional expenses of holding elections for
322commissioners at the regular county elections shall be paid out
323of the funds of the district if required by the proper
324authority.
325     (j)  A quorum of the fire board shall be a majority of its
326members, excluding ex officio members. In order to take official
327action, an affirmative vote of a majority of those members
328present shall be required. If the fire board consists of an even
329number of members, the chair of the fire board shall only vote
330in the event of a tie.
331     (k)  Each elected member shall assume office 10 days after
332the member's election or appointment. Within 60 days after a
333general election, the fire board shall organize by electing from
334its members, excluding ex officio members, a chair, a vice
335chair, a secretary, and a treasurer. The positions of secretary
336and treasurer may be held by one member.
337     (4)  Any independent special fire control and rescue
338district electing to merge with the district after the general
339election after the district's operational date shall appoint
340three members of its governing board to serve on the fire board
341and provide written notification to the district of its
342appointments 15 days after approval by a majority vote of those
343qualified electors of the independent special fire control and
344rescue district voting in a referendum regarding the merger of
345such independent special fire control and rescue district with
346the PCFCD. At the next general election after the independent
347special fire control and rescue district's merger with the
348district, the three governing board members appointed pursuant
349to this subsection shall no longer be members of the fire board.
350The seat associated with the lowest numeric at-large seat that
351is elected at this general election shall be associated solely
352with the SDA associated with the electing independent special
353fire control and rescue district and shall no longer be an at-
354large seat.
355     (5)  If the fire board creates an SDA to represent an area
356for which there is an interlocal agreement with a local
357government in Collier County for the district to provide
358service, also known as an ex officio SDA, the local government
359shall appoint one of its governing board members to serve on the
360fire board as an ex officio nonvoting member.
361     (6)  The fire board shall operate the district in
362accordance with this act and chapters 189 and 191, Florida
363Statutes, and with any other applicable general or special law,
364except as provided in this act.
365     (7)  Members of the fire board may each be paid a salary or
366honorarium to be determined by at least a majority plus one vote of
367the board pursuant to chapter 191, Florida Statutes.
368     Section 7.  Powers of the district.-
369     (1)  The fire board shall have the power to create SDAs
370pursuant to section 5.
371     (2)  The district shall have all powers and duties granted by
372this charter and chapters 189, 191, 197, and 401, Florida Statutes,
373including, but not limited to, ad valorem taxation, bond issuance,
374other revenue-raising capabilities, budget preparation and
375approval, liens and foreclosure of liens, use of tax deeds and tax
376certificates as appropriate for non-ad valorem assessments, and
377contractual agreements. The district may be financed by any method
378established in this act or in chapter 189 or chapter 191, Florida
379Statutes.
380     (3)  The district, through the fire board, shall promulgate by
381resolution the following:
382     (a)  Standards for all levels of service for firefighting
383and rescue services.
384     (b)  One integrated communications system for all fire and
385rescue services.
386     (c)  Closest response for delivery of all fire and rescue
387services within the boundaries of the district.
388     (4)  The district shall create a 5-year plan for the
389provision of fire and rescue services within its boundaries.
390     (5)  The district shall have the authority to establish,
391equip, operate, and maintain a fire department and provide
392rescue services, including emergency medical services.
393     (6)  The district is authorized to adopt and amend policies
394and regulations for the administration of the affairs of the
395district under the terms of this act and chapters 189 and 191,
396Florida Statutes, which shall include, but is not limited to,
397the authority to adopt the necessary policies and regulations
398for the administration and supervision of the property and
399personnel of the district and for fire prevention, fire control,
400rescue work, and emergency medical services within the district.
401Such commissioners shall have the lawful power and authority
402necessary to implement the purposes for which the district is
403created, which power and authority shall include, but is not
404limited to, the power to purchase all necessary fire equipment,
405rescue equipment, medical equipment, and all other equipment
406necessary to carry out the purposes of the district; to purchase
407all necessary real and personal property; to purchase and carry
408standard insurance policies on such property and equipment; to
409employ personnel, including firefighters and paramedics, as may
410be necessary to carry out the purposes of the district; to
411provide for insurance for such employees and fire board members;
412to buy, lease, sell, exchange, or otherwise acquire or receive
413as a gift and dispose of firefighting and emergency medical
414equipment and other real, personal, tangible or intangible, or
415mixed property that it may from time to time deem necessary to
416prevent and extinguish fires or provide emergency medical
417services; to provide water, water supply, water stations, and
418other necessary buildings; to accept gifts or donations of
419equipment or money for the use of the district; and to do all
420things necessary to provide adequate water supply, fire
421prevention, proper fire protection, rescue services, and
422emergency medical services for the district.
423     (7)  The district is authorized to enter into interlocal
424agreements for any purpose related to providing fire or
425emergency medical services within Collier County pursuant to
426part I of chapter 163, Florida Statutes, including the provision
427of services outside of the district. The district is authorized
428to enter into interlocal agreements regarding the collection of
429any revenues and to pay administrative charges by the collection
430entity.
431     (8)  The district is authorized to enter into contracts
432with private entities in order to carry out the purposes of the
433district.
434     (9)  The district may establish and maintain emergency
435medical and rescue response services within the district
436consistent with section 191.008(1), Florida Statutes, and the
437provisions of chapter 401, Florida Statutes.
438     (10)  In addition to any other power to borrow money as may
439be provided by this act or by general law, the district has the
440authority to borrow money or issue other evidences of
441indebtedness for the purposes of the district in accordance with
442chapters 189 and 191, Florida Statutes.
443     (11)  The district shall have authority to inspect and
444investigate all property for fire hazards as authorized by law.
445The fire board, by resolution duly adopted, may assess fees for
446fire inspection and maintenance and replacement of hydrants in
447an amount reasonably related to the cost thereof and may adopt
448provisions creating a lien or providing for civil enforcement of
449such assessments.
450     (12)(a)  The district is authorized to promulgate and enact
451fire prevention ordinances, rules, and regulations for the
452prevention of fire and for fire control in the district in the
453same manner provided for the adoption of policies and
454regulations pursuant to general law. When the provisions of such
455fire prevention ordinances are determined by the board to be
456violated, the office of the state attorney, upon written notice
457of such violation issued by the board, is authorized to
458prosecute such person or persons held to be in violation
459thereof. Any person found guilty of a violation may be punished
460as provided in chapter 775, Florida Statutes, as a misdemeanor
461of the second degree. The cost of such prosecution shall be paid
462out of district funds unless otherwise provided by law. The
463district has the authority to enforce fire safety code
464violations and enact resolutions relating to such enforcement
465pursuant to section 633.052(2), Florida Statutes, as well as to
466adopt local amendments to the Florida Fire Prevention Code
467pursuant to section 633.0215(10), Florida Statutes.
468     (b)  The fire board shall have the power to appoint a fire
469marshal, who shall be a person experienced in all types of
470firefighting and fire prevention and who shall work with and
471cooperate with the State Fire Marshal in the prevention of fires
472of all types. The district fire marshal shall be authorized to
473enter, at all reasonable hours, any building or premises for the
474purpose of making any inspection or investigation that the State
475Fire Marshal is authorized to make pursuant to state law and
476regulation. The owner, lessee, manager, or operator of any
477building or premises shall permit the district fire marshal to
478enter and inspect the building or premises at all reasonable
479hours. The district fire marshal shall report any violations of
480state fire safety law or regulations to the appropriate
481officials. Each of the electing independent special fire control
482and rescue district's existing obligations arising from the
483interlocal agreement regarding the creation and operation of the
484Collier County Fire Code Officials Office shall be transferred
485to the district.
486     (c)  All fire inspectors engaged by the district shall be a
487Florida certified firefighter pursuant to chapter 633, Florida
488Statutes.
489     Section 8.  Finances.-
490     (1)  The powers, functions, and duties of the district
491regarding ad valorem taxation, bond issuance, other revenue-
492raising capabilities, budget preparation and approval, liens and
493foreclosure of liens, use of tax deeds and tax certificates as
494appropriate for non-ad valorem assessments, and contractual
495agreements and the methods for financing the district and for
496collecting non-ad valorem assessments, fees, or service charges,
497shall be as set forth in this act, in chapters 170, 189, 191,
498219, and 197, Florida Statutes, and in any applicable general or
499special law.
500     (2)(a)  The district shall levy and collect ad valorem
501taxes in accordance with section 191.009 and chapter 200,
502Florida Statutes. The taxes levied and assessed by the district
503shall be a lien upon the land so assessed along with the county
504taxes assessed against such land until such assessments and
505taxes have been paid, and if the taxes levied by the district
506become delinquent, such taxes shall be considered a part of the
507county tax subject to the same penalties, charges, fees, and
508remedies for enforcement and collection and shall be enforced
509and collected as provided by general law for the collection of
510such taxes. The district shall have the authority to levy a
511millage rate up to the amount that was approved by referendum as
512required by the Florida Constitution and chapter 191, Florida
513Statutes, within the boundaries of each of the independent
514special fire control and rescue districts that have merged with
515the district. Nothing in this act shall prevent the district
516from levying a millage rate as provided for in section 191.009,
517Florida Statutes, or a millage rate that has been approved by
518referendum.
519     (b)  The district may not, solely by reason of a merger
520with an independent special fire control and rescue district,
521increase ad valorem taxes on property within the original limits
522of the independent special fire control and rescue district
523beyond the maximum ad valorem rate approved by the electors of
524the district by referendum. For each independent special fire
525control and rescue district merging with the district, the
526district may levy an ad valorem millage within the associated
527SDA up to the millage rate that was previously approved by the
528electors of that independent special fire control and rescue
529district or the ad valorem millage rate approved by the
530independent special fire control and rescue district's electors
531at the time they approved the independent special fire control
532and rescue district's merger with PCFCD unless a higher rate is
533subsequently approved pursuant to chapter 191, Florida Statutes.
534If the independent special fire control and rescue district's
535referendum-approved ad valorem millage rate is lower than the
536district's ad valorem millage rate that was approved, the
537district may only charge an ad valorem millage rate within the
538SDA that does not exceed the referendum approved ad valorem
539millage rate within such area until such time as an increased
540millage rate is approved by the electors of the corresponding
541SDA. The intent is to preserve and transfer all authority to the
542district to levy ad valorem taxes upon the property within the
543SDA up to the millage rate that was previously approved by
544referendum of the electing independent special fire control and
545rescue district.
546     (3)  The fire board shall annually, during the month of
547June, make an itemized estimate of the amount of money required
548to carry out the provisions of this act for the next fiscal year
549of the board, which fiscal year shall be from October 1 to and
550including the next succeeding September 30, which estimate shall
551state the purpose for which the money is required and the amount
552necessary to be raised by taxation within the district, which
553budget and proposed millage rate shall be noticed, heard, and
554adopted in accordance with chapters 192 through 200, Florida
555Statutes.
556     (4)  The methods for assessing and collecting non-ad
557valorem assessments, fees, or service charges shall be as set
558forth in this act, chapter 170, chapter 189, chapter 191, or
559chapter 197, Florida Statutes.
560     (5)  Notwithstanding section 191.009(2), Florida Statutes,
561the district is authorized to levy and enforce non-ad valorem
562assessments in accordance with chapters 170, 189, 191, and 197,
563Florida Statutes, within its boundaries. Notwithstanding section
564191.009(2), Florida Statutes, the approval of this special act
565by referendum shall be deemed to also be the approval of the
566first-time levy of non-ad valorem assessments in the district.
567Once adopted by the district, non-ad valorem assessments shall
568not be increased by more than the average annual growth rate in
569Florida personal income over the previous 5 years without a
570referendum.
571     (6)  The district's planning requirements shall be as set
572forth in this act and chapters 189 and 191, Florida Statutes.
573     (7)  Requirements for financial disclosure, meeting
574notices, reporting, public records maintenance, and per diem
575expenses for officers and employees shall be as set forth in
576this act and chapters 112, 119, 189, 191, and 286, Florida
577Statutes.
578     Section 9.  Authority to borrow money.-The district shall
579have the power to issue general obligation bonds, assessment
580bonds, bond anticipations notes, notes, or certificates or other
581evidences of indebtedness, hereinafter referred to as "bonds,"
582pledging the full faith, credit, and taxing power of the
583district consistent with the purposes of the district in
584accordance with the requirements of section 191.012, Florida
585Statutes, and other applicable general law.
586     Section 10.  Impact fees.-
587     (1)  The board may allow for the assessment and collection
588of impact fees for capital improvement on new construction
589within the district.
590     (a)  As growth continues in Collier County, it is readily
591apparent that additional equipment and facilities will be needed
592to meet the expanding commercial and residential growth within
593the district.
594     (b)  It is declared that the cost of new facilities and
595equipment for fire protection and related emergency services
596shall be borne by new users of the district's services, to the
597extent that new construction requires new facilities and
598equipment, but only to that extent.
599     (c)  It is therefore the legislative intent to transfer to
600the new users of the district's fire protection a fair share of
601the costs of new facilities imposed on the district by new
602users.
603     (d)  It is declared that the amounts of impact fees for
604capital improvement provided for in this section are just,
605reasonable, and equitable.
606     (2)  No person shall issue or obtain a building permit for
607new residential dwelling units or new commercial or industrial
608structures within the district, or issue or obtain construction
609plan approval for new mobile home developments located within
610the district, until the developers thereof have paid to the
611district the applicable impact fees for capital improvements
612hereinafter set forth. Impact fees for capital improvements to
613be assessed and collected hereunder shall be pursuant to the
614Collier County 2005 First/Rescue Services Impact Fee Update
615Study or subsequent impact fee study pursuant to section
616191.009(4), Florida Statutes.
617     (3)  Impact fees for capital improvements collected by the
618district pursuant to this section shall be kept and maintained
619as a separate fund from other revenues of the district and shall
620be used exclusively for the acquisition, purchase, or
621construction of new facilities and equipment, or portions
622thereof, required to provide fire protection and related
623emergency services to new construction. New facilities and
624equipment shall be as provided for in section 191.009(4),
625Florida Statutes.
626     (4)  The district shall maintain adequate records to ensure
627that impact fees for capital improvements collected under this
628section are expended only for permissible new facilities or
629equipment.
630     (5)  The fire board shall determine the maximum amount of
631impact fees to be assessed in any one fiscal year. This
632determination shall be made prior to the immediately succeeding
633fiscal year. The fire board's determination of the amount of the
634impact fee to be assessed in any one fiscal year shall be based
635on the requirements set forth in this section.
636     (6)  The district is authorized to enter into agreements
637regarding the collection of impact fees.
638     (7)  The district shall comply with the requirements in
639section 163.31801, Florida Statutes.
640     (8)  It is the legislative intent to preserve and transfer
641all authority to the district to charge impact fees upon new
642development within the SDA that was previously implemented by
643the governing board of the electing independent special fire
644control and rescue district.
645     Section 11.  Deposit of taxes, assessments, fees; authority
646to disburse funds.-
647     (1)  The funds of the district shall be deposited in
648qualified public depositories, in accordance with chapters 191
649and 280, Florida Statutes.
650     (2)  All warrants for the payment of labor, equipment, and
651other expenses of the board, and in carrying into effect this
652act and the purposes thereof, shall be payable by the treasurer
653of the board on accounts and vouchers approved and authorized by
654the board.
655     Section 12.  Elections.-
656     (1)  When a referendum or special election is required
657under the provisions of this act, the district shall reimburse
658the county for the costs of such election.
659     (2)  The procedures for conducting any district elections
660or referendum required and the qualifications of any elector of
661the district shall be as set forth in chapters 189 and 191,
662Florida Statutes, except as provided in this act.
663     Section 13.  Eminent domain.-The district shall have the
664authority to exercise the power of eminent domain pursuant to
665chapters 73, 74, and 191, Florida Statutes, over any property,
666except municipal, county, state, or federal property, pursuant
667to section 191.006, Florida Statutes.
668     Section 14.  Annexation.-
669     (1)  Part II of chapter 171, Florida Statutes, the
670Interlocal Service Boundary Agreement Act, shall apply to all
671types of annexations by a municipality within the boundaries of
672the district, and a resolution providing that a municipality
673declines to participate in the process shall not be deemed a
674responding resolution under this part and shall result in
675section 171.203(5), Florida Statutes, being applicable. If part
676II of chapter 171, Florida Statutes, is repealed, then section
677171.093, Florida Statutes, shall apply to all types of
678annexations by a municipality within the boundaries of the
679district.
680     (2)  If a new municipality is incorporated within the
681boundaries of the district, the district's boundaries shall
682continue to include the incorporated lands and it shall remain
683the service provider.
684     (3)  Any moneys owed to an independent special fire control
685and rescue district pursuant to section 171.093, Florida
686Statutes, or any interlocal service boundary agreement, as a
687result of annexation predating the district, shall be paid to
688the district if such independent special fire control and rescue
689district elects to be served by the district.
690     Section 15.  Miscellaneous.-
691     (1)  The district's charter may only be amended by special
692act of the Legislature.
693     (2)  In the event any section or provision of this act is
694determined to be invalid or unenforceable, such determination
695shall not affect the validity and enforceability of each other
696section and provision of this act.
697     (3)  The district shall exist until the Legislature
698approves a special act providing for its dissolution, and such
699special act is contingent upon approval by the electors of the
700district unless the district elects to merge into the Southwest
701Florida Fire Control and Rescue District, an independent special
702fire control and rescue district.
703     (4)  Notwithstanding sections 191.014(3) and 189.4042(2),
704Florida Statutes, if the district elects to merge into the
705Southwest Florida Fire Control and Rescue District, the district
706shall dissolve upon transition of services to the Southwest
707Florida Fire Control and Rescue District, and such dissolution
708need not be approved by the Legislature or by the electors by
709referendum.
710     (5)  In order to avoid disincentivizing the consolidation
711of independent special fire control and rescue districts in
712Collier County, notwithstanding section 212.055(8)(d), Florida
713Statutes, for purposes of determining whether the interlocal
714agreement includes a majority of service providers in the
715county, similar to Collier County's MSTUs, each SDA, excluding
716ex officio SDAs, shall be considered an individual participating
717jurisdiction. In addition, for purposes of determining the
718distribution of the surtax proceeds to the participating
719entities, the district's expenditures of ad valorem taxes and
720non-ad valorem assessments for fire control and emergency rescue
721services in each of the immediately preceding 5 fiscal years
722shall be the combined expenditures for the district and for each
723independent special fire control and rescue district that
724elected to be serviced by the district.
725     Section 16.  Immunity from tort liability.-
726     (1)  The district and its officers, agents, and employees
727shall have the same immunity from tort liability as other
728agencies and subdivisions of the state. The provisions of
729chapter 768, Florida Statutes, shall apply to all claims
730asserted against the district.
731     (2)  The district commissioners and all officers, agents,
732and employees of the district shall have the same immunity and
733exemption from personal liability as is provided by general law
734of the state for state, county, and municipal officers.
735     (3)  The district shall defend all claims against the
736commissioners, officers, agents, and employees which arise
737within the scope of employment or purposes of the district and
738shall pay all judgments against such persons, except where such
739persons acted in bad faith or with malicious purpose or in a
740manner exhibiting wanton and willful disregard of human rights,
741safety, or property.
742     Section 17.  Transition to the PCFCD.-
743     (1)  Notwithstanding section 189.4042(2), Florida Statutes,
744any independent special fire control and rescue district that
745adopts a resolution electing to merge with the PCFCD prior to
746the district's operational date shall merge with the PCFCD on
747September 30 of the calendar year after the majority approval of
748a referendum pursuant to section 21, and all of the independent
749special fire control and rescue district's special acts shall
750expire on the date of such merger. Any independent special fire
751control and rescue district that adopts a resolution electing to
752merge with the PCFCD after the district's operational date shall
753merge with the PCFCD on September 30 of the calendar year after
754the majority approval of a referendum pursuant to section 22,
755and all of the independent special fire control and rescue
756district's special acts shall expire on the date of such merger.
757All assets, liabilities, property, and contractual or other
758obligations of the electing independent special fire control and
759rescue district are transferred to its district on September 30
760of the calendar year that the independent special fire control
761and rescue district merges with the PCFCD.
762     (2)  The PCFCD shall begin providing services to the
763jurisdiction of the independent special fire control and rescue
764district on October 1 of the calendar year that the independent
765special fire control and rescue district has merged with the
766PCFCD. The PCFCD is required to provide services to any
767independent special fire control and rescue district within
768Collier County that elects to merge with the district in
769accordance with the above schedule. Each independent special
770fire control and rescue district must provide a copy of its
771resolution electing to merge with the PCFCD to the district
772within 10 days after the adoption of the resolution.
773     Section 18.  Employees; pension plans; funding.-
774     (1)  Upon the effective date of a merger with the district,
775all employees employed by an independent special fire control
776and rescue district merging with the district shall be employed
777by the district without loss of rank or equivalent position of
778command or administrative position, pay, benefits, accrued
779leave, seniority, or pension. This section does not guarantee
780permanent employment with the district or employment with the
781district for any duration of time.
782     (2)  Wages, hours, and conditions of employment of
783employees upon the effective date of the merger of the
784independent special fire control and rescue district with the
785PCFCD shall be no less than those enjoyed while employed by
786their former employer.
787     (3)  Nothing shall limit the district's authority to make
788any and all necessary employment decisions regarding personnel
789transferred to the district or personnel subsequently hired by
790the district. For those employees who are members of a
791bargaining unit certified by the Public Employees Relations
792Commission, the requirements of chapter 447, Florida Statutes,
793apply to such district actions.
794     (4)  All employees shall have the right to remain in their
795current retirement plan, or transfer to another retirement plan
796in accordance with law, if another retirement plan is adopted by
797the fire board. However, after the effective date of this act,
798an employee's employment shall not be considered terminated for
799retirement purposes until the employee separates from employment
800from the district. No employee may receive benefits, other than
801through a deferred retirement option program, from any
802retirement plan adopted by the independent special fire control
803and rescue district that merged with the district while actively
804employed by the district.
805     (5)  For an independent special fire control and rescue
806district that has a lawfully established firefighters' pension
807trust fund in accordance with chapter 175, Florida Statutes, at
808the time it merges with the district, the associated plan shall
809not be deemed terminated pursuant to section 175.361, Florida
810Statutes, and the boundaries of the SDA attributable to such
811independent special fire control and rescue district shall be
812deemed to be the lawfully established boundaries of an
813independent special fire control and rescue district as required
814by chapter 175, Florida Statutes. The existing board of trustees
815of the firefighters' pension trust fund shall remain for the
816associated independent special fire control and rescue district
817pension trust fund even upon the independent special fire
818control and rescue district's dissolution pursuant to this act
819and shall operate pursuant to chapter 175, Florida Statutes,
820within the boundaries of the appropriate SDA. For purposes of
821section 175.061(1)(a), Florida Statutes, the two members of the
822board of trustees for a chapter plan that are required to be
823legal residents of the special fire control and rescue district
824shall be legal residents of the associated SDA and shall be
825appointed by the fire board. For purposes of section 175.101,
826Florida Statutes, a district has the authority to levy a premium
827tax on the insurance policies within its boundaries. That
828portion of the tax receipts attributable to insurance policies
829covering property within an SDA shall be used by the district
830for the sole use of its firefighters that are members of the
831firefighters' pension trust fund associated with such SDA. If
832there is no lawfully established pension trust fund under
833chapter 175, Florida Statutes, associated with an SDA, the
834moneys from such tax receipts attributable to the insurance
835policies covering such property shall be used for the benefit of
836the district's firefighters. For purposes of chapter 175,
837Florida Statutes, the boundaries of the district shall be deemed
838to include an area that has been annexed, including those
839annexations that have occurred prior to this act's effective
840date, until such time as the district is no longer providing
841services to the annexed property. Notwithstanding section
842175.351, Florida Statutes, the district may use premium tax
843revenues to fund the cost of compliance as provided in section
844175.162(2)(a), Florida Statutes, for its lawfully established
845pension trust fund.
846     (6)  Contributions for upgrading the first 2 percent of the
847member's average monthly compensation shall be pursuant to
848section 121.0515(5), Florida Statutes. Contributions for
849upgrading additional special risk credit in excess of 2 percent
850but not to exceed 3 percent of the member's average monthly
851compensation shall be an amount representing the actuarial
852accrued liability for the difference in accrual value during the
853period of service for which credit is being purchased.
854Contributions shall be calculated by an actuary designated by
855the Division of Retirement of the Department of Management
856Services using the discount rate and Florida Retirement System
857defined benefit plan liabilities in the most recent actuarial
858valuation. The contribution for service credit being purchased
859must be paid by the member or by the employer on behalf of the
860member immediately upon notification by the Division of
861Retirement of the Department of Management Services.
862     Section 19.  Southwest Florida Fire Control and Rescue
863District.-
864     (1)  If the governing bodies of the PCFCD and the Paradise
865Coast Fire Control and Rescue District, or the subsequently
866renamed districts, elect to merge into a consolidated
867independent special fire control and rescue district, the
868Southwest Florida Fire Control and Rescue District, an
869independent special fire control and rescue district in Collier
870County, shall be created 14 days after the adoption of a
871resolution to merge by each of the above-referenced independent
872special fire control and rescue districts without further action
873of the Legislature or vote of the electors ("creation date").
874Notice of such election shall be jointly filed with the
875Department of State and the Department of Community Affairs. The
876legislative intent is to preserve and transfer all authority of
877the PCFCD and the Paradise Coast Fire Control and Rescue
878District to the Southwest Florida Fire Control and Rescue
879District.
880     (2)  The Southwest Florida Fire Control and Rescue
881District's charter shall be this act with the exception of the
882provision as provided for in subsection (7).
883     (3)  Each SDA within the PCFCD and the Paradise Coast Fire
884Control and Rescue District shall be an SDA within the Southwest
885Florida Fire Control and Rescue District.
886     (4)  It is the intent of the Legislature to preserve and
887transfer all authority to the Southwest Florida Fire Control and
888Rescue District to levy ad valorem taxes up to a millage rate
889that was previously approved by referendum of the electors of
890the PCFCD and the Paradise Coast Fire Control and Rescue
891District or previously approved by the electors of any
892independent special fire control and rescue district that merged
893with either district. The Southwest Florida Fire Control and
894Rescue District may only levy ad valorem millage within each of
895the districts, or within each SDA if there are differing millage
896rates within a district, up to the millage rate that was
897approved at a referendum by the electors of such district until
898such time as an increased millage rate is approved as provided
899for by section 191.009, Florida Statutes.
900     (5)  Notwithstanding sections 191.014(3) and 189.4042(2),
901Florida Statutes, if the PCFCD and the Paradise Coast Fire
902Control and Rescue District, or the subsequently renamed
903districts, each adopt a resolution electing to merge into the
904Southwest Florida Fire Control and Rescue District prior to
905March 1 of a calendar year, then the PCFCD and the Paradise
906Coast Fire Control and Rescue District shall merge with the
907Southwest Florida Fire Control and Rescue District on September
90830 of such year and all of their special acts, with the
909exception of this special act, expire. If the adoption of the
910resolutions to merge occurs after March 1 of a calendar year,
911then the PCFCD and the Paradise Coast Fire Control and Rescue
912District shall merge with the Southwest Florida Fire Control and
913Rescue District on September 30 of the calendar year after such
914year and all of their special acts, with the exception of this
915special act, expire. The Southwest Florida Fire Control and
916Rescue District shall begin providing services on October 1 of
917the calendar year that the districts merge with it.
918     (6)  All assets, liabilities, property, and contractual or
919other obligations of the PCFCD and the Paradise Coast Fire
920Control and Rescue District are transferred to the Southwest
921Florida Fire Control and Rescue District on September 30 of the
922calendar year the districts merge with the Southwest Florida
923Fire Control and Rescue District.
924     (7)  The Fire Board of the Southwest Florida Fire Control
925and Rescue District shall be comprised of the elected officials
926from the merging districts who shall serve until their
927replacements are elected at the next general election following
928its creation. Section 6 of the Southwest Florida Fire Control
929and Rescue District's charter shall read in lieu thereof:
930     Section 6.  Governing body.-
931     (1)  In accordance with chapter 191, Florida Statutes, the
932district shall be governed by the fire board.
933     (2)(a)  After the district's creation date and until the
934next general election, the fire board shall be comprised of the
935members of the governing boards of the PCFCD and the Paradise
936Coast Fire Control and Rescue District, or subsequently renamed
937districts.
938     (b)  An organizational meeting of the fire board shall be
939held within 45 days after district's creation date.
940     (c)  A quorum of the fire board shall be a majority of its
941members, excluding ex officio SDA members. In order to take
942official action, an affirmative vote of a majority of those
943members present shall be required. The chair of the board may
944only vote in the event of a tie vote of the fire board.
945     (d)  During the organizational meeting provided for under
946paragraph (b), the fire board shall organize by electing from
947its members a chair, vice chair, secretary, and treasurer to
948serve for the duration of their terms.
949     (e)  Members of the fire board shall serve until the
950members who are elected in the general election after the
951district's creation date take their oaths of office.
952     (3)(a)  Beginning with the first general election held
953after the district's creation date, the fire board shall be
954comprised of at least five members, with a member elected from
955each of the SDAs that have been previously created, excluding
956any ex officio SDA. If there are fewer than five SDAs at the
957time of the district's first general election and until there
958are five SDAs within the boundaries of the district, the fire
959board shall be comprised of five members pursuant to section
960191.005, Florida Statutes, with each SDA having a representative
961on the fire board and the remainder of the members, if
962applicable, being elected at large within the jurisdictional
963boundaries of the district. An at-large member represents the
964entire district.
965     (b)  The fire board shall be elected pursuant to chapter
966191, Florida Statutes, by the electors of the district in a
967nonpartisan election held at the time and in the manner
968prescribed for holding general elections in section
969189.405(2)(a), Florida Statutes.
970     (c)  Each SDA, excluding ex officio SDAs, shall be
971represented on the fire board by a member who is a resident of
972the SDA and who has been elected by the electors of the SDA. Any
973at-large member on the fire board shall be a resident of the
974district and shall be elected by the electors of the district.
975Each ex officio SDA shall have a nonvoting member ("ex officio
976member") on the fire board who is a resident of the ex officio
977SDA and is appointed by the local government that the district
978is providing service for pursuant to an interlocal agreement.
979     (d)  The office of each board member, excluding board
980members representing ex officio SDAs, is designated as a seat on
981the fire board, distinguished from each other seat by a numeral,
982and shall represent the associated SDA or at-large seat. Each
983candidate must designate, at the time he or she qualifies, the
984seat on the fire board for which he or she is a candidate: 1, 2,
9853, 4, or 5. The candidate for each seat who receives the most
986votes shall be elected to the fire board.
987     (e)  Commissioners shall serve for terms of 4 years each,
988subject to the provisions of chapter 191, Florida Statutes, and
989shall not be subject to term limits. For the commissioners
990elected in the next general election after the district's
991creation date, the members elected for the odd-numbered seats
992shall serve for 4-year terms each and the members elected for
993the even-numbered seats shall serve for 2-year terms each.
994     (f)  If a commissioner ceases to reside in the SDA from
995which he or she was elected or within the district if an at-
996large seat, the office shall be declared vacant, the
997commissioner shall be disqualified from further service, and the
998remaining commissioners shall appoint a qualified person from
999the SDA associated with the vacant seat.
1000     (g)  Each commissioner shall hold office until his or her
1001successor is qualified and elected or, in the case of a
1002commissioner representing an ex officio SDA, his or her
1003successor is appointed, unless that commissioner ceases to be
1004qualified, dies, resigns, or is removed from office.
1005     (h)  All candidates must qualify for election in accordance
1006with chapters 189 and 191, Florida Statutes. In the event a
1007candidate seeks to qualify for election by obtaining signatures
1008in accordance with section 191.005, Florida Statutes, the
1009qualified signatures shall be signatures of electors within the
1010SDA for which the candidate seeks election, or if a candidate
1011seeks to qualify for election for an at-large seat by obtaining
1012signatures, such signatures shall be signatures of electors
1013within the district.
1014     (i)  Any additional expenses of holding elections for
1015commissioners at the regular county elections shall be paid out
1016of the funds of the district if required by the proper
1017authority.
1018     (j)  A quorum of the fire board shall be a majority of its
1019members, excluding ex officio members. In order to take official
1020action, an affirmative vote of a majority of those members
1021present shall be required.
1022     (k)  Each elected member shall assume office 10 days after
1023the member's election or appointment. Within 60 days after a
1024general election, the fire board shall organize by electing from
1025its members, excluding ex officio members, a chair, a vice
1026chair, a secretary, and a treasurer. The positions of secretary
1027and treasurer may be held by one member.
1028     (4)  Any independent special fire control and rescue
1029district electing to merge with the district after the general
1030election following the district's creation date shall appoint
1031three members of its governing board to serve on the fire board
103215 days after approval by a majority vote of those qualified
1033electors of the independent special fire control and rescue
1034district voting in a referendum regarding the merger of such
1035district with the district. At the next general election after
1036the independent special fire control and rescue district's
1037merger with the district, the three governing board members
1038appointed pursuant to this subsection shall no longer be members
1039of the fire board. The seat associated with the lowest numeric
1040at-large seat that is elected at this general election shall be
1041associated solely with the SDA associated with the electing
1042independent special fire control and rescue district and shall
1043no longer be an at-large seat. If the resulting appointment
1044results in the fire board consisting of an even number of
1045members, the chair of the board shall only vote in the event of
1046a tie.
1047     (5)  If the fire board creates an SDA to represent an area
1048for which there is an interlocal agreement with a local
1049government in Collier County for the district to provide
1050service, also known as an ex officio SDA, the local government
1051shall appoint one of its governing board members to serve on the
1052fire board as an ex officio nonvoting member.
1053     (6)  The fire board shall operate the district in
1054accordance with this act and chapters 189 and 191, Florida
1055Statutes, and with any other applicable general or special law,
1056except as provided in this act.
1057     (7)  Members of the fire board may each be paid a salary or
1058honorarium to be determined by at least a majority plus one vote of
1059the board pursuant to chapter 191, Florida Statutes.
1060     (8)  Sections 5 and 7 shall be applicable to the Southwest
1061Florida Fire Control and Rescue District.
1062     Section 20.  Transfer of powers.-In accordance with section
10634, Article VIII, of the State Constitution, by law or by
1064resolution of both the governing bodies of the affected local
1065government and the district, a county, municipality, or
1066independent special fire control and rescue district may
1067transfer its fire protection and rescue services to the
1068district. The district may not levy ad valorem taxes upon the
1069transferred properties until such time as an ad valorem millage
1070rate is approved by the electors of the area. However, the
1071district shall be able to charge non-ad valorem assessments and
1072all other fees immediately upon the properties after the
1073transfer. Until the electors of the transferred properties
1074approve the district's millage rate, the local government that
1075transferred its powers to the district shall pay the district,
1076by January 1 of each year, an amount equal to the ad valorem
1077taxes that the district would have collected had the district
1078been able to levy and collect its ad valorem taxes on the
1079transferred properties.
1080     Section 21.  Referendum on the merger with PCFCD.-
1081     (1)  Upon notification to the Board of County Commissioners
1082of Collier County and the Supervisor of Elections of Collier
1083County by at least one independent special fire control and
1084rescue district of the adoption of a resolution calling for a
1085referendum on merging with the PCFCD, thus making the district
1086operational, the Board of County Commissioners of Collier County
1087shall call and the Supervisor of Elections of Collier County
1088shall conduct a referendum of the qualified electors of each
1089notifying independent special fire control and rescue district
1090on the question of whether the independent special fire control
1091and rescue district shall merge with the district and shall be
1092authorized to levy ad valorem taxes and non-ad valorem
1093assessments at the next regularly scheduled general election
1094date after notification by at least one independent special fire
1095control and rescue district. The qualified electors residing
1096within each independent special fire control and rescue district
1097that has provided notification to the Supervisor of Elections of
1098Collier County shall vote on such referendum. Upon approval of a
1099majority of the qualified electors of the requesting independent
1100special fire control and rescue district voting in the
1101referendum, the district shall become operational. If more than
1102one independent special fire control and rescue district
1103provides notification to the Supervisor of Elections of Collier
1104County of the adoption of a resolution calling for a referendum
1105on the merger with the PCFCD, the district shall become
1106operational upon approval of a majority of the combined
1107qualified electors of the independent special fire control and
1108rescue districts voting in such referendum. The referendum shall
1109not be a separate vote of each independent special fire control
1110and rescue district. The election shall be in accordance with
1111the provisions of law relating to elections currently in force
1112in Collier County. The cost of the referendum shall be
1113reimbursed to Collier County by the requesting independent
1114special fire control and rescue district. If more than one
1115independent special fire control and rescue district requests
1116the referendum, each independent special fire control and rescue
1117district shall reimburse to Collier County its proportioned
1118share of the cost of the referendum based on the total number of
1119qualified electors within its boundaries as compared to the
1120total number of qualified electors of the combined independent
1121special fire control and rescue districts calling for the
1122referendum. In this election, the procedures prescribed in
1123sections 101.6101-101.6107, Florida Statutes, may not be used.
1124     (2)  Notwithstanding section 101.161, Florida Statutes, one
1125of the following referendum questions shall be presented to the
1126electors if the independent special fire control and rescue
1127district or districts elect to request approval of the merger:
1128     Option 1:
1129
REFERENDUM ON MERGER WITH THE PANTHER CREEK FIRE CONTROL
1130
AND RESCUE DISTRICT AND ITS AUTHORITY
1131
1132In an effort to consolidate the independent special fire
1133control and rescue districts in Collier County, shall your
1134independent special fire control and rescue district merge
1135into the Panther Creek Fire Control and Rescue District, an
1136independent special fire control and rescue district in
1137Collier County, that may be subsequently renamed, which is
1138authorized to exercise all powers as set forth in its
1139charter and chapters 191 and 189, Florida Statutes, and
1140your district's existing powers, including the authority to
1141levy an ad valorem millage rate up to [to be inserted by
1142the Supervisor of Elections of Collier County] mills, non-
1143ad valorem assessments, and impact fees, resulting in the
1144Panther Creek Fire Control and Rescue District becoming
1145your new fire and rescue service provider and the
1146dissolution of your existing independent fire control and
1147rescue district upon the effective date of the merger, and
1148allowing for the future merger of the Panther Creek Fire
1149Control and Rescue District into the Southwest Florida Fire
1150Control and Rescue District without further legislative or
1151voter approval?
1152
1153Yes
1154     No
1155
1156     Option 2:
1157
REFERENDUM ON MERGER WITH THE PANTHER CREEK FIRE CONTROL
1158
AND RESCUE DISTRICT AND ITS AUTHORITY
1159
1160In an effort to consolidate the independent special fire
1161control and rescue districts in Collier County, shall your
1162independent special fire control and rescue district merge
1163into the Panther Creek Fire Control and Rescue District, an
1164independent special fire control and rescue district in
1165Collier County that will be subsequently renamed, which is
1166authorized to exercise all powers as set forth in its
1167charter and chapters 191 and 189, Florida Statutes, and
1168your district's existing powers, including the authority to
1169levy an ad valorem millage rate up to 3.75 mills, non-ad
1170valorem assessments, and impact fees, resulting in the
1171Panther Creek Fire Control and Rescue District becoming
1172your new fire and rescue service provider and the
1173dissolution of your existing independent fire control and
1174rescue district upon the effective date of the merger?
1175
1176The Panther Creek Fire Control and Rescue District shall
1177not charge an ad valorem millage rate higher than [to be
1178inserted by the Supervisor of Elections of Collier County]
1179mills for the first 5 fiscal years after it becomes
1180operational. The district may increase this authorized
1181millage rate by a total of 0.5 mills every 5 years up to
1182the maximum 3.75 mills, unless a greater increase in the
1183millage rate is approved by referendum by the district's
1184electors.
1185
1186Yes
1187No
1188
1189     (3)  The maximum ad valorem millage rate provided for in
1190the referendum in subsection (2) shall be determined and
1191inserted into the referendum question by the Supervisor of
1192Elections of Collier County prior to the election. The maximum
1193ad valorem millage rate included in the referendum shall be
1194determined as follows:
1195     (a)  The final certified taxable property value, as
1196provided by the Collier County Property Appraiser, for each
1197independent special fire control and rescue district
1198participating in the referendum for the most recent fiscal year
1199shall be multiplied by the maximum millage rate allowable by
1200each independent special fire control and rescue district
1201participating in the referendum.
1202     (b)  The resulting revenue amount from each independent
1203special fire control and rescue district participating in the
1204referendum shall then be added together to arrive at a total
1205revenue amount for the PCFCD.
1206     (c)  This combined revenue amount shall then be divided by
1207the combined taxable property value of each independent special
1208fire control and rescue district participating in the referendum
1209to arrive at the millage rate necessary to generate that amount
1210of revenue.
1211     (d)  This millage rate shall then be adjusted by the growth
1212in per capita Florida personal income as provided by the
1213Department of Revenue on the Maximum Millage Levy Calculation
1214Preliminary Disclosure Form (Form DR-420MM-P) to arrive at an
1215adjusted millage rate, and this adjusted millage rate shall then
1216be multiplied by 1.10 as provided in general law to arrive at
1217the maximum starting millage rate for the PCFCD, which shall be
1218included in the referendum question. The Supervisor of Elections
1219of Collier County shall also present the referendum question
1220that has been selected to be presented pursuant to this act.
1221     Section 22.  Referendum on the merger with the PCFCD after
1222its operational date.-
1223     (1)  Upon notification to the Board of County Commissioners
1224of Collier County and the Supervisor of Elections of Collier
1225County by an independent special fire control and rescue
1226district of its adoption of a resolution calling for a
1227referendum on merging with the PCFCD, the Board of County
1228Commissioners of Collier County shall call and the Supervisor of
1229Elections of Collier County shall conduct a referendum of the
1230qualified electors of the notifying independent special fire
1231control and rescue district on the question of whether the
1232independent special fire control and rescue district shall merge
1233with the district and shall be authorized to levy ad valorem
1234taxes and non-ad valorem assessments at the next regularly
1235scheduled general election date after notification or at a
1236special election as requested by the independent special fire
1237control and rescue district. The qualified electors residing
1238within the independent special fire control and rescue district
1239that has provided notification to the Supervisor of Elections of
1240Collier County shall vote on such referendum. Upon approval by a
1241majority of the qualified electors of the requesting independent
1242special fire control and rescue district voting in the
1243referendum, the district shall merge pursuant to this act. The
1244election shall be in accordance with the provisions of law
1245relating to the elections currently in force in Collier County.
1246The cost of the referendum shall be reimbursed to Collier County
1247by the requesting independent special fire control and rescue
1248district. In this election, the procedures prescribed in
1249sections 101.6101-101.6107, Florida Statutes, may not be used.
1250There shall be no referendum of the qualified electors of the
1251PCFCD regarding whether the independent special fire control and
1252rescue district shall be allowed to merge with the PCFCD.
1253     (2)  Notwithstanding section 101.161, Florida Statutes, the
1254following referendum question shall be presented to the electors
1255of the independent special fire control and rescue district if
1256the district elects to request approval of the merger with the
1257PCFCD and the merger will occur after PCFCD's operational date:
1258
1259
REFERENDUM ON MERGER WITH THE PANTHER CREEK FIRE CONTROL
1260
AND RESCUE DISTRICT AND ITS AUTHORITY
1261
1262In an effort to consolidate the independent special
1263fire control and rescue districts in Collier County,
1264shall your independent special fire control and rescue
1265district merge into the Panther Creek Fire Control and
1266Rescue District, an independent special fire control
1267and rescue district in Collier County, as may be
1268subsequently renamed, which is authorized to exercise
1269all powers as set forth in its charter and chapters
1270191 and 189, Florida Statutes, and your district's
1271existing powers, including the authority to levy an ad
1272valorem millage rate up to [to be inserted by the
1273Supervisor of Elections of Collier County] mills, non-
1274ad valorem assessments, and impact fees, resulting in
1275the Panther Creek Fire Control and Rescue District
1276becoming your new fire and rescue service provider and
1277the dissolution of your existing independent fire
1278control and rescue district upon the effective date of
1279the merger, and allowing for the future merger of the
1280Panther Creek Fire Control and Rescue District into
1281the Southwest Florida Fire Control and Rescue District
1282without further legislative or voter approval?
1283
1284Yes
1285No
1286
1287     (3)  The maximum ad valorem millage rate provided for in
1288the referendum in subsection (2) shall be determined and
1289inserted into such language by the Supervisor of Elections of
1290Collier County prior to the election. The maximum ad valorem
1291millage rate included in the referendum shall be either the ad
1292valorem millage rate that is currently levied by PCFCD or the
1293maximum ad valorem millage rate that has been previously
1294approved by referendum, whichever is higher.
1295     Section 23.  This act shall take effect on the same date
1296that HB 807 or similar legislation takes effect, if such
1297legislation is adopted in the same legislative session or an
1298extension thereof and becomes law.


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