HB 973

1
A bill to be entitled
2An act relating to the Southwest Florida 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 transfer of powers; providing for a
16referendum on merger of districts; providing an effective
17date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Legislative findings.-Collier County is
22comprised of 2,032 square miles with three municipalities and a
23large unincorporated area within the developed portion of the
24county. In addition to county and municipal governments, there
25are five independent special fire control and rescue districts
26that provide fire and rescue services to unincorporated areas in
27Collier County: the Big Corkscrew Independent Special Fire
28Control and Rescue District, the East Naples Fire Control and
29Rescue District, the Golden Gate Fire Control and Rescue
30District, the Immokalee Fire Control and Rescue District, and
31the North Naples Fire Control and Rescue District. As a result
32of having five independent special fire control and rescue
33districts providing similar services and the decreasing revenues
34and increasing costs of providing such services, the Legislature
35intends to create a voluntary process allowing the existing
36independent special fire control and rescue districts in Collier
37County to merge their existing operations into a newly created
38independent special fire control and rescue district known as
39the Southwest Florida Fire Control and Rescue District. The
40Legislature recognizes that although general law allows for the
41merger of independent special fire control and rescue districts,
42it is silent as to the process that must be followed. It is the
43intent of the Legislature that the Southwest Florida Fire
44Control and Rescue District not become operational until an
45existing independent special fire control and rescue district
46elects to merge into it and such merger is approved by
47referendum of the residents of the electing independent special
48fire control and rescue district. This new consolidated
49independent special fire control district may provide the future
50opportunity for the provision of fire and rescue services at the
51highest level of services in Collier County with uniform
52countywide standards as this act allows for the future transfer
53of areas currently served by municipal service taxing units or
54municipalities into the district. The special district created
55pursuant to this act is a separate governmental entity
56independent of Collier County, any municipality in Collier
57County, or any other independent special fire control and rescue
58district in Collier County.
59     Section 2.  Creation; survival; operations.-
60     (1)  Pursuant to chapters 189 and 191, Florida Statutes,
61there is created the Southwest Florida Fire Control and Rescue
62District, an independent special fire control and rescue
63district and body corporate and politic located in Collier
64County, hereinafter referred to as the "district" or the
65"SWFFCD." Although the district is created by this act, the
66district will only become operational pursuant to subsection
67(4).
68     (2)  All current legislative authority granted to any
69independent special fire control and rescue district or
70districts electing to merge with the SWFFCD shall survive the
71merger with the district and shall be powers of the district,
72including the ability to levy an ad valorem millage rate as
73authorized by the Legislature and previously approved by
74referendum of the residents of the electing independent special
75fire control and rescue district or districts.
76     (3)  An independent special fire control and rescue
77district electing to merge with the SWFFCD shall adopt a
78resolution stating its desire to merge with the SWFFCD resulting
79in the SWFFCD providing service to its qualified electors if
80approved by the residents of the independent special fire
81control and rescue district that adopted the resolution. An
82independent special fire control and rescue district that makes
83such election prior to the district becoming operational
84pursuant to subsection (4) shall include within its resolution
85the referendum question that is to be presented as provided in
86section 20. If more than one independent special fire control
87and rescue district elects to merge with the SWFFCD prior to its
88becoming operational but disagree as to which referendum
89question to present, then option 3 in section 20 shall be the
90referendum question presented to the electors.
91     (4)  The SWFFCD shall not become operational ("operational
92date") until 14 days after the approval by at least a majority
93vote of those qualified electors of the independent special fire
94control and rescue district, or if more than one independent
95special fire control and rescue district is voting in the
96referendum, 14 days after the approval by at least a majority
97vote of those qualified electors of one of the independent
98special fire control and rescue districts, participating in the
99referendum conducted by the Supervisor of Elections of Collier
100County. Only an independent special fire control and rescue
101district whose residents have approved the merger by at least a
102majority vote of its qualified electors shall merge into the
103district.
104     (5)  If the SWFFCD's operational date will be less than 5
105months prior to a general election, the resolutions of all
106independent special fire control and rescue districts that elect
107to merge with the SWFFCD must be adopted no later than 75 days
108prior to the general election.
109     (6)  After the SWFFCD's operational date, the district
110shall notify the Department of State and the Department of
111Community Affairs of the district's operational date within 30
112days after its initial organization meeting.
113     Section 3.  Purpose.-The purpose of this act is to promote
114the health, welfare, and safety of the citizens and residents of
115Collier County by providing for firefighting and rescue
116services, and emergency medical services, if authorized pursuant
117to chapters 191 and 401, Florida Statutes. The district shall
118have all powers necessary to carry out the purposes of the
119district as otherwise provided by this act, including, but not
120limited to, the power to adopt all necessary measures, rules,
121regulations, and policies relating to such purposes. Nothing in
122this act shall prevent the district from cooperating with the
123state or other local governments to render such services as from
124time to time may be deemed desirable.
125     Section 4.  Boundaries; service provider.-
126     (1)  The lands within the district shall be limited to
127those areas in Collier County where an independent special fire
128control and rescue district merges with the district as provided
129in section 2. The district shall be the service provider upon
130the effective date of the merger.
131     (2)  The district's boundaries shall also include those
132properties in which the county or a municipality transfers its
133powers to provide fire protection and rescue services to such
134properties by the district in accordance with this act. The
135district shall be the service provider to such properties upon
136the effective date of the transfer. The district may not levy ad
137valorem taxes upon the transferred properties until such time as
138an ad valorem millage rate is approved by the qualified electors
139of the transferred area. However, the district may charge all
140other fees that it is authorized to impose and collect
141immediately upon the properties after the transfer. Until the
142electors of the transferred properties approve the district's
143millage rate, the local government that transferred its powers
144to the district shall pay the district, by January 1 of each
145year, an amount equal to the ad valorem taxes that the district
146would have collected had the district been able to levy, assess,
147and collect its ad valorem millage rates on the transferred
148properties.
149     (3)  The district shall also be the service provider for
150those areas in which an interlocal agreement has been entered
151into with another local government for the provision of service
152by the district and those areas that have been annexed pursuant
153to chapter 171, Florida Statutes, in which the independent
154special fire control and rescue district is currently providing
155services pursuant to section 171.093 or part II of chapter 171,
156Florida Statutes.
157     (4)  The district shall submit, at its own expense, local
158legislation that provides the specific boundaries of the
159district as soon as practicable after the district's operational
160date and each subsequent time that either an independent special
161fire control and rescue district merges into the district or
162another local government transfers its powers to the district to
163provide services.
164     Section 5.  Service delivery areas.-A service delivery
165area, hereinafter referred to as an "SDA," shall be created that
166corresponds with the boundaries of each independent special fire
167control and rescue district that merges with the district upon
168providing a copy of its resolution and referendum approval
169results to the SWFFCD. The boundaries of the merging independent
170special fire control and rescue district shall be those
171boundaries at the time of the resolution's adoption. Any
172independent special fire control and rescue district that
173elected to merge with the district prior to the district's
174operational date shall have a corresponding SDA automatically
175created upon the district's operational date. An SDA shall be
176created to include those properties for which the county or a
177municipality transfers to the district its powers to provide
178fire protection and rescue services in accordance with this act.
179The district may create an SDA for those areas for which an
180interlocal agreement has been entered into with another local
181government within Collier County that provides for district
182services but is not a complete transfer of powers to the
183district ("ex officio SDA").
184     Section 6.  Governing body.-
185     (1)  In accordance with chapter 191, Florida Statutes, the
186district shall be governed by the fire board, whose members
187shall also be known as commissioners.
188     (2)(a)  From the district's operational date until the next
189general election, the fire board shall be comprised of elected
190officials from any independent special fire control and rescue
191district that elects to merge with the district.
192     (b)  The fire board shall be composed as follows:
193     1.  If only one independent special fire control and rescue
194district merges with the district prior to the district's
195operational date, the business and affairs of the district shall
196be conducted and administered by a fire board that consists of
197the electing independent special fire control and rescue
198district's governing body, who shall serve until the next
199general election. The fire board shall meet and organize the
200district within 45 days after the district's operational date.
201     2.  If more than one independent special fire control and
202rescue district elects to merge with the district prior to the
203district's operational date, each electing independent special
204fire control and rescue district shall appoint three of its
205governing body members to serve on the fire board. Appointment
206by each of the independent special fire control and rescue
207districts merging with the district shall occur within 15 days
208after the district's operational date. The newly appointed fire
209board shall meet and organize the district within 45 days after
210the district's operational date. The independent special fire
211control and rescue district that first adopts a resolution
212electing to merge with the district shall be responsible for
213organizing the district's initial meeting of the fire board.
214     3.  After the operational date and until the next general
215election after such date, an independent special fire control
216and rescue district that merges with the district shall appoint
217three of its governing body members to the fire board and
218provide written notification to the district of its election and
219appointment of members within 15 days following the receipt of
220approval by its residents at referendum.
221     4.  If there is an even number of board members as a result
222of subparagraph 2. or subparagraph 3., the chair of the fire
223board may only vote in the event of a tie vote of the fire
224board.
225     5.  A quorum of the fire board shall be a majority of its
226members, excluding ex officio members, except that should the
227membership of the fire board reach 12 members, a quorum may be
228set by resolution of the fire board provided that in no instance
229may the resolution set the quorum at fewer than seven members.
230In order to take official action, an affirmative vote of a
231majority of those members present shall be required.
232     6.  During the organizational meeting provided for under
233subparagraph 2., the fire board shall organize by electing from
234its members a chair, a vice chair, a secretary, and a treasurer
235to serve for the duration of their terms.
236     7.  If the fire board creates an SDA to represent an area
237in which there is an interlocal agreement with a local
238government in Collier County for the district to provide
239service, also known as an ex officio SDA, the local government
240shall appoint one of its governing body members to serve on the
241fire board as an ex officio, nonvoting member.
242     8.  If a transfer of powers by the county or a municipality
243occurs in accordance with this act resulting in revision of the
244district's boundaries to include the associated properties, the
245local government shall appoint one of its governing body members
246to serve on the fire board as a voting member. Each local
247government shall only have one member on the fire board.
248     9.  Members of the fire board, excluding ex officio
249members, shall serve until the members that are elected in the
250next general election after the operational date take their
251oaths of office.
252     (c)  The fire board shall operate the district in
253accordance with this act, chapters 189 and 191, Florida
254Statutes, and any other applicable general or special law,
255except as provided in this act.
256     (d)  Members of the fire board may each be paid a salary or
257honorarium to be determined by at least a majority plus one vote
258of the board pursuant to chapter 191, Florida Statutes.
259     (3)(a)  Beginning with the next general election after the
260district's operational date, the fire board shall be comprised
261of at least five members, with a member elected from each of the
262SDAs created pursuant to section 5, excluding any ex officio
263SDA. If there are fewer than five SDAs at the time of the
264election and until there are at least five SDAs within the
265boundaries of the district, the fire board shall be comprised of
266five members pursuant to section 191.005, Florida Statutes,
267elected as follows: if there is only one SDA, there shall be
268five at-large seats; if there are two SDAs, there shall be two
269members elected from each SDA and one member elected at large
270within the boundaries of the district; if there are three SDAs,
271there shall be a member elected from each SDA and two members
272elected at large within the boundaries of the district; and if
273there are four SDAs, there shall be a member elected from each
274SDA and one member elected at large within the boundaries of the
275district. An at-large member represents the entire district.
276     (b)  The fire board shall be elected pursuant to chapter
277191, Florida Statutes, by the electors of the district in a
278nonpartisan election held at the time and in the manner
279prescribed for holding general elections in section
280189.405(2)(a), Florida Statutes.
281     (c)  Each SDA, excluding ex officio SDAs, shall be
282represented on the fire board by a member who is a resident of
283the SDA and who has been elected by the electors of the SDA. Any
284at-large member on the fire board shall be a resident of the
285district and shall be elected by the electors of the district.
286Each ex officio SDA's officio member must be a resident of the
287ex officio SDA and appointed by the local government that the
288district is providing service for pursuant to an interlocal
289agreement.
290     (d)  The office of each fire board member, excluding ex
291officio members, is designated as a seat on the fire board,
292distinguished from each other seat by a numeral, and shall
293represent the associated SDA or at-large seat. Each candidate
294must designate, at the time he or she qualifies, the seat on the
295fire board for which he or she is a candidate: 1, 2, 3, 4, or 5,
296up to the total number of seats on the fire board. The candidate
297for each seat who receives the most votes shall be elected to
298the fire board.
299     (e)  Members of the fire board, including ex officio
300members, shall serve for terms of 4 years each, subject to
301chapter 191, Florida Statutes, and shall not be subject to term
302limits. For the members elected in the next general election
303after the district's operational date, the members elected for
304the odd-numbered seats shall serve for 4-year terms each and the
305members elected for the even-numbered seats shall serve for 2-
306year terms each.
307     (f)  If a fire board member ceases to reside in the SDA
308from which he or she was elected or within the district if an
309at-large seat, the office shall be declared vacant, the member
310shall be disqualified from further service, and the remaining
311members shall appoint a qualified person from the SDA associated
312with the vacant seat.
313     (g)  Each fire board member shall hold office until his or
314her successor is qualified and elected or, in the case of a
315member representing an ex officio SDA, his or her successor is
316appointed, unless that member ceases to be qualified, dies,
317resigns, or is removed from office.
318     (h)  All candidates must qualify for election in accordance
319with chapters 189 and 191, Florida Statutes. In the event a
320candidate seeks to qualify for election by obtaining signatures,
321the qualified signatures shall be signatures of electors within
322the SDA for which the candidate seeks election, or if a
323candidate seeks to qualify for election for an at-large seat by
324obtaining signatures, such signatures shall be signatures of
325electors within the district.
326     (i)  Any additional expenses of holding elections for
327commissioners at the regular county elections shall be paid out
328of the funds of the district if required by the proper
329authority.
330     (j)  A quorum of the fire board shall be a majority of its
331members, excluding ex officio members. In order to take official
332action, an affirmative vote of a majority of those voting
333members present shall be required. If the fire board consists of
334an even number of members, the chair of the fire board shall
335only vote in the event of a tie.
336     (k)  Each elected member shall assume office 10 days after
337the member's election or appointment. Within 60 days after a
338general election, the fire board shall organize by electing from
339its members, excluding ex officio members, a chair, a vice
340chair, a secretary, and a treasurer. The positions of secretary
341and treasurer may be held by one member.
342     (4)  Any independent special fire control and rescue
343district merging with the district following the general
344election after the district's operational date shall appoint
345three members of its governing body to serve on the fire board
346and provide written notification to the district of its
347appointments 15 days after such approval. At the next general
348election after the independent special fire control and rescue
349district's merger with the district, the three governing body
350members appointed pursuant to this subsection shall no longer be
351members of the fire board. The seat associated with the lowest
352numeric at-large seat that is elected at this general election
353shall be associated solely with the SDA associated with the
354electing independent special fire control and rescue district
355and shall no longer be an at-large seat. If there are already
356more than five SDAs within the district resulting in no at-large
357seats on the fire board, then a new seat number shall be
358designated.
359     (5)  If a transfer of powers by the county or a
360municipality occurs in accordance with this act resulting in
361revision of the district's boundaries to include the associated
362properties and the subsequent creation of a SDA, the local
363government shall appoint one of its governing body members to
364serve on the fire board as a voting member, who shall serve in
365accordance with the terms of this act. Each local government
366shall only have one appointed member on the fire board. At the
367next general election after the transfer to the district, the
368one member appointed pursuant to this subsection shall no longer
369be a member of the fire board. The seat associated with the
370lowest numeric at-large seat that is elected at this general
371election shall be associated solely with the SDA associated with
372the transferred area and shall no longer be an at-large seat. If
373there are already more than five SDAs within the district
374resulting in no at-large seats on the fire board, then a new
375seat number shall be designated.
376     (6)  If the fire board creates an SDA to represent an area
377for which there is an interlocal agreement with a local
378government in Collier County for the district to provide
379service, also known as an ex officio SDA, the local government
380shall appoint one of its governing body members to serve on the
381fire board as an ex officio, nonvoting member.
382     (7)  The fire board shall operate the district in
383accordance with this act, chapters 189 and 191, Florida
384Statutes, and any other applicable general or special law,
385except as provided in this act.
386     (8)  Members of the fire board may each be paid a salary or
387honorarium to be determined by at least a majority plus one vote
388of the fire board pursuant to chapter 191, Florida Statutes.
389     Section 7.  Powers of the district.-
390     (1)  The fire board shall have the power to create SDAs
391pursuant to section 5.
392     (2)  The district shall have all powers and duties granted
393by this act and chapters 189 and 191, Florida Statutes, as may
394be amended from time to time.
395     (3)  The district shall create a 5-year plan for the
396provision of fire and rescue services within its boundaries.
397     (4)  The district is authorized to adopt and amend policies
398and regulations for the administration of the affairs of the
399district under the terms of this act and chapters 189 and 191,
400Florida Statutes, which authority shall include, but is not
401limited to, the authority to adopt policies and regulations
402necessary for the administration and supervision of the property
403and personnel of the district and necessary to conduct district
404business within the district. Such commissioners shall have the
405lawful power and authority necessary to implement the purposes
406for which the district is created, which power and authority
407shall include, but are not limited to, the power to purchase all
408equipment necessary to carry out the purposes of the district;
409to purchase all necessary real and personal property; to
410purchase and carry standard insurance policies on such property
411and equipment; to employ personnel, including firefighters and
412paramedics, as may be necessary to carry out the purposes of the
413district; to provide for insurance for such employees and fire
414board members; to buy, lease, sell, exchange, or otherwise
415acquire or receive as a gift and dispose of any and all
416equipment and other real, personal, tangible or intangible, or
417mixed property that it may from time to time deem necessary to
418carry out the purposes of the district; to provide water, water
419supply, water stations, and other necessary buildings; to accept
420gifts or donations of equipment or money for the use of the
421district; and to do all things necessary to carry out the
422purposes of the district.
423     (5)  The district is authorized to enter into interlocal
424agreements for any purpose pursuant to part I of chapter 163,
425Florida Statutes, including the provision of services outside of
426the district. The district is authorized to enter into
427interlocal agreements regarding the collection of any revenues
428and to pay administrative charges by the collection entity.
429     (6)  The district is authorized to enter into contracts
430with private entities in order to carry out the purposes of the
431district.
432     (7)  The district may establish and maintain emergency
433medical and rescue response services within the district
434consistent with section 191.008(1), Florida Statutes, and
435chapter 401, Florida Statutes, as may be amended from time to
436time. In accordance with chapter 401, Florida Statutes, and
437Collier County COPCN Ordinance No. 2004-12, as amended by
438Ordinance No. 2005-16 and as it may be further amended, the
439newly created Southwest Florida Fire Control and Rescue District
440shall be required to return to the Collier County Board of
441County Commissioners for review and issuance annually of a
442certificate of public convenience and necessity (COPCN).
443     (8)  In addition to any other power to borrow money as may
444be provided by this act or by general law, the district has the
445authority to borrow money or issue other evidences of
446indebtedness for the purposes of the district in accordance with
447chapters 189 and 191, Florida Statutes, as may be amended from
448time to time.
449     (9)  The district shall have authority to inspect and
450investigate all property for fire hazards as authorized by law.
451The fire board, by resolution duly adopted, may assess fees for
452fire inspection and maintenance and replacement of hydrants in
453an amount reasonably related to the cost thereof and may adopt
454provisions creating a lien or providing for civil enforcement of
455such assessments.
456     (10)(a)  The district is authorized to promulgate and enact
457fire prevention ordinances, rules, and regulations for the
458prevention of fire and for fire control in the district in the
459same manner provided in general law for the adoption of policies
460and regulations. When the provisions of such fire prevention
461ordinances are determined by the fire board to be violated, the
462office of the state attorney, upon written notice of such
463violation issued by the fire board, is authorized to prosecute
464such person or persons held to be in violation thereof. Any
465person found guilty of a violation may be punished as provided
466in chapter 775, Florida Statutes, as a misdemeanor of the second
467degree. The cost of such prosecution shall be paid out of
468district funds unless otherwise provided by law. The district
469has the authority to enforce fire safety code violations and
470enact resolutions relating to such enforcement pursuant to
471section 633.052(2), Florida Statutes, as may be amended from
472time to time, as well as to adopt local amendments to the
473Florida Fire Prevention Code pursuant to section 633.0215(10),
474Florida Statutes, as may be amended from time to time.
475     (b)  The fire board shall have the power to appoint a fire
476marshal, who shall be a person experienced in all types of
477firefighting and fire prevention and who shall work with and
478cooperate with the State Fire Marshal in the prevention of fires
479of all types. The district fire marshal shall be authorized to
480enter, at all reasonable hours, any building or premises for the
481purpose of making any inspection or investigation that the State
482Fire Marshal is authorized to make pursuant to state law and
483regulation. The owner, lessee, manager, or operator of any
484building or premises shall permit the district fire marshal to
485enter and inspect the building or premises at all reasonable
486hours. The district fire marshal shall report any violations of
487state fire safety laws or regulations to the appropriate
488officials. Each of the electing independent special fire control
489and rescue district's existing obligations arising from the
490interlocal agreement regarding the creation and operation of the
491Collier County Fire Code Officials Office shall be transferred
492to the district.
493     Section 8.  Finances.-
494     (1)  The powers, functions, and duties of the district
495regarding ad valorem taxation, bond issuance, other revenue-
496raising capabilities, budget preparation and approval, liens and
497foreclosure of liens, use of tax deeds and tax certificates as
498appropriate for non-ad valorem assessments, and contractual
499agreements and the methods for financing the district and for
500collecting non-ad valorem assessments, fees, or service charges
501shall be as set forth in this act, in chapters 170, 189, 191,
502219, and 197, Florida Statutes, as may be amended from time to
503time, and in any applicable general or special law.
504     (2)(a)  The district shall levy and collect ad valorem
505taxes in accordance with section 191.009 and chapter 200,
506Florida Statutes, as may be amended from time to time. The taxes
507levied and assessed by the district shall be a lien upon the
508land so assessed along with the county taxes assessed against
509such land until such assessments and taxes have been paid, and
510if the taxes levied by the district become delinquent, such
511taxes shall be considered a part of the county tax subject to
512the same penalties, charges, fees, and remedies for enforcement
513and collection and shall be enforced and collected as provided
514by general law for the collection of such taxes. The district
515shall have the authority to levy a millage rate up to the amount
516that was approved by referendum as required by the Florida
517Constitution and chapter 191, Florida Statutes, within the
518boundaries of each of the independent special fire control and
519rescue districts that have merged with the district. Nothing in
520this act shall prevent the district from levying a millage rate
521as provided for in section 191.009, Florida Statutes, or a
522millage rate that has been approved by referendum.
523     (b)  The district may not, solely by reason of a merger
524with an independent special fire control and rescue district,
525increase ad valorem taxes on property within the original limits
526of the merging independent special fire control and rescue
527district beyond the maximum ad valorem rate approved by the
528electors of the merging independent special fire control and
529rescue district by referendum. For each independent special fire
530control and rescue district merging with the district, the
531district may levy an ad valorem millage within the associated
532SDA up to the millage rate that was previously approved by the
533electors of that independent special fire control and rescue
534district or the ad valorem millage rate approved by the
535independent special fire control and rescue district's electors
536at the time they approved the independent special fire control
537and rescue district's merger with the SWFFCD unless a higher
538rate is subsequently approved pursuant to chapter 191, Florida
539Statutes. If the independent special fire control and rescue
540district's referendum-approved ad valorem millage rate is lower
541than the district's ad valorem millage rate that was approved,
542the district may only charge an ad valorem millage rate within
543the SDA that does not exceed the referendum-approved ad valorem
544millage rate within such area until such time as an increased
545millage rate is approved by the electors of the corresponding
546SDA. The intent of this paragraph is to preserve and transfer to
547the district all authority to levy ad valorem taxes upon the
548property within the SDA up to the millage rate that was
549previously approved by referendum of the electing independent
550special fire control and rescue district.
551     (3)  The fire board shall annually, during the month of
552June, make an itemized estimate of the amount of money required
553to carry out the provisions of this act for the next fiscal year
554of the fire board, which fiscal year shall be from October 1 to
555and including the next succeeding September 30. The estimate
556shall state the purpose for which the money is required and the
557amount necessary to be raised by taxation within the district.
558Such budget and proposed millage rate shall be noticed, heard,
559and adopted in accordance with chapters 192 through 200, Florida
560Statutes, as may be amended from time to time.
561     (4)  The methods for assessing and collecting non-ad
562valorem assessments, fees, or service charges shall be as set
563forth in this act, chapter 170, chapter 189, chapter 191, or
564chapter 197, Florida Statutes, as may be amended from time to
565time.
566     (5)  The district's planning requirements shall be as set
567forth in this act and chapters 189 and 191, Florida Statutes, as
568may be amended from time to time.
569     (6)  Requirements for financial disclosure, meeting
570notices, reporting, public records maintenance, and per diem
571expenses for officers and employees shall be as set forth in
572this act and chapters 112, 119, 189, 191, and 286, Florida
573Statutes, as may be amended from time to time.
574     Section 9.  Authority to borrow money.-The district shall
575have the power to issue general obligation bonds, assessment
576bonds, bond anticipation notes, notes, or certificates or other
577evidences of indebtedness, hereinafter referred to as "bonds,"
578pledging the full faith, credit, and taxing power of the
579district consistent with the purposes of the district in
580accordance with the requirements of section 191.012, Florida
581Statutes, as may be amended from time to time, and other
582applicable general law.
583     Section 10.  Impact fees.-
584     (1)  The fire board is authorized to assess and collect
585impact fees for capital improvement on new construction within
586the district. It is the legislative intent to preserve and
587transfer all authority to the district to charge impact fees
588upon new development within the SDA that was previously
589implemented by the governing body of the electing independent
590special fire control and rescue district.
591     (2)  No person shall issue or obtain a building permit for
592new residential dwelling units or new commercial or industrial
593structures within the district, or issue or obtain construction
594plan approval for new mobile home developments located within
595the district, until the developers thereof have paid to the
596district the applicable impact fees for capital improvements
597hereinafter set forth. Impact fees for capital improvements to
598be assessed and collected hereunder shall be pursuant to the
599Collier County 2005 First/Rescue Services Impact Fee Update
600Study or subsequent impact fee study pursuant to section
601191.009(4), Florida Statutes.
602     (3)  The district shall comply with the requirements in
603section 163.31801 and 191.009(4), Florida Statutes, as may be
604amended from time to time, in its collection and use of impact
605fees. New facilities and equipment shall be as provided for in
606section 191.009(4), Florida Statutes.
607     (4)  The fire board shall determine the maximum amount of
608impact fees to be assessed in any one fiscal year. This
609determination shall be made prior to the immediately succeeding
610fiscal year. The fire board's determination of the amount of the
611impact fee to be assessed in any one fiscal year shall be based
612on the requirements set forth in this section.
613     (5)  The district is authorized to enter into agreements
614regarding the collection of impact fees.
615     Section 11.  Deposit of taxes, assessments, fees; authority
616to disburse funds.-
617     (1)  The funds of the district shall be deposited in
618qualified public depositories, in accordance with chapters 191
619and 280, Florida Statutes.
620     (2)  All warrants for the payment of labor, equipment, and
621other expenses of the fire board, and in carrying into effect
622this act and the purposes thereof, shall be payable by the
623treasurer of the fire board on accounts and vouchers approved
624and authorized by the fire board.
625     Section 12.  Elections.-
626     (1)  When a referendum or special election is required
627under this act, the district shall reimburse the county for the
628costs of such election.
629     (2)  The procedures for conducting any district elections
630or referendum required and the qualifications of any elector of
631the district shall be as set forth in chapters 189 and 191,
632Florida Statutes, as may be amended from time to time, except as
633provided in this act.
634     Section 13.  Eminent domain.-The district shall have the
635authority to exercise the power of eminent domain pursuant to
636chapters 73, 74, and 191, Florida Statutes, as may be amended
637from time to time, over any property, except municipal, county,
638state, or federal property, pursuant to section 191.006, Florida
639Statutes.
640     Section 14.  Annexation.-
641     (1)  Chapter 171, Florida Statutes, as may be amended from
642time to time, shall apply to all annexations by a municipality
643within the district's boundaries.
644     (2)  Any moneys owed to an independent special fire control
645and rescue district pursuant to section 171.093, Florida
646Statutes, or any interlocal service boundary agreement, as a
647result of annexation predating the district, shall be paid to
648the district if such independent special fire control and rescue
649district elects to be served by the district.
650     Section 15.  Miscellaneous.-
651     (1)  The district's charter may only be amended by special
652act of the Legislature.
653     (2)  In the event any section or provision of this act is
654determined to be invalid or unenforceable, such determination
655shall not affect the validity and enforceability of any other
656provision of this act.
657     (3)  The district shall exist until the Legislature
658approves a special act providing for its dissolution, and such
659special act is contingent upon approval by the electors of the
660district.
661     (4)  In order to avoid disincentivizing the consolidation
662of independent special fire control and rescue districts in
663Collier County, notwithstanding section 212.055(8)(d), Florida
664Statutes, the required interlocal agreement must include the
665district as a participating jurisdiction. For purposes of
666determining the distribution of the surtax proceeds to the
667participating entities, the district's expenditures of ad
668valorem taxes and non-ad valorem assessments for fire control
669and emergency rescue services in each of the immediately
670preceding 5 fiscal years shall be the combined expenditures for
671the district and for the merged independent special fire control
672and rescue districts within a 5-year period.
673     (5)  As soon as practicable after the district's
674operational date and each subsequent time that an independent
675special fire control and rescue district merges into the
676district, the district shall submit, at its own expense, local
677legislation that provides the specific boundaries of the
678district and repeals the special acts associated with the
679merging independent special fire control and rescue district.
680     Section 16.  Immunity from tort liability.-
681     (1)  The district and its officers, agents, and employees
682shall have the same immunity from tort liability as other
683agencies and subdivisions of the state. Chapter 768, Florida
684Statutes, as may be amended from time to time, shall apply to
685all claims asserted against the district.
686     (2)  The district commissioners and all officers, agents,
687and employees of the district shall have the same immunity and
688exemption from personal liability as provided by general law for
689state, county, and municipal officers.
690     (3)  The district shall defend all claims against its
691commissioners, officers, agents, and employees that arise within
692the scope of employment or purposes of the district and shall
693pay all judgments against such persons, except where such
694persons acted in bad faith or with malicious purpose or in a
695manner exhibiting wanton and willful disregard of human rights,
696safety, or property.
697     Section 17.  Transition to the Southwest Florida Fire
698Control and Rescue District.-
699     (1)  Notwithstanding section 189.4042(2), Florida Statutes,
700any independent special fire control and rescue district that
701adopts a resolution electing to merge with the SWFFCD prior to
702the district's operational date shall merge with the SWFFCD on
703September 30 of the calendar year after the majority approval of
704a referendum pursuant to section 20, and all of the independent
705special fire control and rescue district's special acts shall
706expire on the date of such merger. Any independent special fire
707control and rescue district that adopts a resolution electing to
708merge with the SWFFCD after the district's operational date
709shall merge with the SWFFCD on September 30 of the calendar year
710after the majority approval of a referendum pursuant to section
71121, and all of the independent special fire control and rescue
712district's special acts shall expire on the date of such merger.
713Pursuant to section 189.4045, Florida Statutes, as may be
714amended from time to time, all assets, indebtedness, and
715property of the merging independent special fire control and
716rescue district are transferred to the SWFFCD on September 30 of
717the calendar year of such merger.
718     (2)  The SWFFCD shall begin providing services to the SDA
719associated with the independent special fire control and rescue
720district on October 1 of the calendar year of such merger. Each
721merging independent special fire control and rescue district
722must provide a copy of its resolution electing to merge with the
723SWFFCD to the district within 10 days after the qualified
724electors of such independent special fire control and rescue
725district approve the merger with the SWFFCD.
726     Section 18.  Employees; pension plans; funding.-
727     (1)  Nothing shall limit the district's authority to make
728any and all necessary employment decisions regarding personnel
729transferred to the district or personnel subsequently hired by
730the district. For those employees who are members of a
731bargaining unit certified by the Public Employees Relations
732Commission, the requirements of chapter 447, Florida Statutes,
733apply to such district actions.
734     (2)  All employees shall have the right to remain in their
735current retirement plan, or transfer to another retirement plan
736in accordance with law, if another retirement plan is adopted by
737the fire board. However, after the effective date of this act,
738an employee's employment shall not be considered terminated for
739retirement purposes until the employee separates from employment
740from the district. No employee may receive benefits, other than
741through a deferred retirement option program, from any
742retirement plan adopted by the independent special fire control
743and rescue district that merged with the district while actively
744employed by the district.
745     (3)  For an independent special fire control and rescue
746district that has a lawfully established firefighters' pension
747trust fund in accordance with chapter 175, Florida Statutes, at
748the time it merges with the district, the associated plan shall
749not be deemed terminated pursuant to section 175.361, Florida
750Statutes. The existing board of trustees of the firefighters'
751pension trust fund shall remain for the associated independent
752special fire control and rescue district pension trust fund even
753upon the independent special fire control and rescue district's
754dissolution pursuant to this act and shall operate pursuant to
755chapter 175, Florida Statutes, within the boundaries of the
756appropriate SDA. For purposes of section 175.061(1)(a), Florida
757Statutes, the two members of the board of trustees for a chapter
758plan that are required to be legal residents of the special fire
759control and rescue district shall be legal residents of the
760associated SDA and shall be appointed by the fire board. For
761purposes of section 175.101, Florida Statutes, the district has
762the authority to levy a premium tax on the insurance policies
763within its boundaries. The moneys from such tax receipts
764attributable to the insurance policies covering such property
765shall be used for the benefit of the district's firefighters.
766For purposes of chapter 175, Florida Statutes, the boundaries of
767the district shall be deemed to include an area that has been
768annexed, including those annexations that have occurred prior to
769this act's effective date, until such time as the district is no
770longer providing services to the annexed property.
771     (4)  Contributions for upgrading the first 2 percent of the
772member's average monthly compensation shall be pursuant to
773section 121.0515(5), Florida Statutes. Contributions for
774upgrading additional special risk credit in excess of 2 percent
775but not to exceed 3 percent of the member's average monthly
776compensation shall be an amount representing the actuarial
777accrued liability for the difference in accrual value during the
778period of service for which credit is being purchased.
779Contributions shall be calculated by an actuary designated by
780the Division of Retirement of the Department of Management
781Services using the discount rate and Florida Retirement System
782defined benefit plan liabilities in the most recent actuarial
783valuation. The contribution for service credit being purchased
784must be paid by the member or by the employer on behalf of the
785member immediately upon notification by the Division of
786Retirement of the Department of Management Services.
787     Section 19.  Transfer of powers.-In accordance with section
7884, Article VIII of the State Constitution, by law or by
789resolution of both the governing bodies of the affected local
790government and the district, a county or municipality may
791transfer its fire protection and rescue services to the
792district. The district may not levy ad valorem taxes upon the
793transferred properties until such time as an ad valorem millage
794rate is approved by the electors of the area. However, the
795district may charge all other fees that it is authorized to
796impose and collect immediately upon the properties after the
797transfer. Until the electors of the transferred properties
798approve the district's millage rate, the local government that
799transferred its powers to the district shall pay the district,
800by January 1 of each year, an amount equal to the ad valorem
801taxes that the district would have collected had the district
802been able to levy and collect its ad valorem taxes on the
803transferred properties.
804     Section 20.  Referendum on the merger with Southwest
805Florida Fire Control and Rescue District.-
806     (1)  Upon notification to the Supervisor of Elections of
807Collier County by at least one independent special fire control
808and rescue district of its adoption of a resolution calling for
809a referendum on merging with the SWFFCD, the Supervisor of
810Elections of Collier County shall conduct a referendum of the
811qualified electors of each notifying independent special fire
812control and rescue district that has provided such notification
813within 30 days after the initial notification on the question of
814whether the independent special fire control and rescue district
815shall merge with the SWFFCD. The qualified electors residing
816within each independent special fire control and rescue district
817that has provided notification to the Supervisor of Elections of
818Collier County shall vote on such referendum. Upon approval of a
819majority of the qualified electors of the requesting independent
820special fire control and rescue district voting in the
821referendum, the district shall become operational. If more than
822one independent special fire control and rescue district
823provides notification to the Supervisor of Elections of Collier
824County of the adoption of a resolution calling for a referendum
825on merging with the SWFFCD prior to it becoming operational and
826within 30 days after the initial notification, the district
827shall become operational upon approval of a majority of the
828qualified electors of at least one of the independent special
829fire control and rescue districts voting in such referendum. The
830referendum shall be a separate vote of each independent special
831fire control and rescue district participating in the
832referendum. The election shall be in accordance with the
833provisions of law relating to elections currently in force in
834Collier County. The cost of the referendum shall be reimbursed
835to Collier County by the requesting independent special fire
836control and rescue district. If more than one independent
837special fire control and rescue district requests the
838referendum, each independent special fire control and rescue
839district shall reimburse to Collier County its proportioned
840share of the cost of the referendum based on the total number of
841qualified electors within its boundaries as compared to the
842total number of qualified electors of the combined independent
843special fire control and rescue districts calling for the
844referendum.
845     (2)  Notwithstanding section 101.161, Florida Statutes, one
846of the following referendum questions shall be presented to the
847electors if the independent special fire control and rescue
848district or districts elect to request approval of the merger:
849     (a)  Option 1:
850
REFERENDUM ON MERGER WITH THE SOUTHWEST FLORIDA FIRE CONTROL AND
851
RESCUE DISTRICT AND ITS AUTHORITY
852
853In an effort to consolidate the independent special fire control
854and rescue districts in Collier County, shall your independent
855special fire control and rescue district merge into the
856Southwest Florida Fire Control and Rescue District, an
857independent special fire control and rescue district in Collier
858County, which is authorized to exercise all powers as set forth
859in its charter and chapters 191 and 189, Florida Statutes, and
860your existing independent special fire control and rescue
861district's existing powers, including the authority to levy an
862ad valorem millage rate up to either [to be inserted by the
863Supervisor of Elections of Collier County] mills or the millage
864rate previously approved at referendum to be levied by your
865existing independent special fire control and rescue district,
866resulting in the Southwest Florida Fire Control and Rescue
867District becoming your new fire control and rescue service
868provider and the dissolution of your existing independent
869special fire control and rescue district upon the effective date
870of the merger without further legislative or voter approval?
871___Yes
872___No
873     (b)  Option 2:
874
REFERENDUM ON MERGER WITH THE SOUTHWEST FLORIDA FIRE CONTROL AND
875
RESCUE DISTRICT AND ITS AUTHORITY
876
877In an effort to consolidate the independent special fire control
878and rescue districts in Collier County, shall your independent
879special fire control and rescue district merge into the
880Southwest Florida Fire Control and Rescue District, an
881independent special fire control and rescue district in Collier
882County, which is authorized to exercise all powers as set forth
883in its charter and chapters 191 and 189, Florida Statutes, and
884your existing independent special fire control and rescue
885district's existing powers, including the authority to levy an
886ad valorem millage rate up to 3.75 mills, resulting in the
887Southwest Florida Fire Control and Rescue District becoming your
888new fire control and rescue service provider and the dissolution
889of your existing independent special fire control and rescue
890district upon the effective date of the merger without further
891legislative or voter approval?
892
893The Southwest Florida Fire Control and Rescue District shall not
894charge an ad valorem millage rate higher than [to be inserted by
895the Supervisor of Elections of Collier County] mills or the
896millage rate previously approved at referendum to be levied by
897your independent special fire control and rescue district for
898the first 5 fiscal years after it becomes operational. The
899district may increase this authorized millage rate by a total of
9000.5 mills every 5 years up to the maximum 3.75 mills, unless a
901greater increase in the millage rate is approved by referendum
902by the district's electors.
903___Yes
904___No
905     (c)  Option 3:
906
REFERENDUM ON MERGER WITH THE SOUTHWEST FLORIDA FIRE CONTROL AND
907
RESCUE DISTRICT AND ITS AUTHORITY
908
909In an effort to consolidate the independent special fire control
910and rescue districts in Collier County, shall your independent
911special fire control and rescue district merge into the
912Southwest Florida Fire Control and Rescue District, an
913independent special fire control and rescue district in Collier
914County, which is authorized to exercise all powers as set forth
915in its charter and chapters 191 and 189, Florida Statutes, and
916your existing independent special fire control and rescue
917district's existing powers, including the authority to levy an
918ad valorem millage rate up to [to be inserted by the Supervisor
919of Elections of Collier County] mills, resulting in the
920Southwest Florida Fire Control and Rescue District becoming your
921new fire control and rescue service provider and the dissolution
922of your existing independent special fire control and rescue
923district upon the effective date of the merger without further
924legislative or voter approval?
925___Yes
926___No
927     (3)  The ad valorem millage rate provided for in the
928referendum in paragraph (2)(c) shall be the maximum ad valorem
929millage rate that has been previously approved at referendum by
930the merging independent special fire control and rescue
931district, and if more than one independent special fire control
932and rescue district is voting at the same election, each
933independent special fire control and rescue district's residents
934shall vote on a referendum question that includes its existing
935maximum millage rate. The ad valorem millage rate provided for
936in the referendum in paragraph (2)(a) or paragraph (2)(b) shall
937be determined and inserted into the referendum question by the
938Supervisor of Elections of Collier County prior to the election.
939The ad valorem millage rate included in the referendum shall be
940determined as follows:
941     (a)  The final certified taxable property value, as
942provided by the Collier County Property Appraiser, for each
943independent special fire control and rescue district
944participating in the referendum for the most recent fiscal year
945shall be multiplied by the maximum millage rate allowable by
946each independent special fire control and rescue district
947participating in the referendum.
948     (b)  The resulting revenue amount from each independent
949special fire control and rescue district participating in the
950referendum shall then be added together to arrive at a total
951revenue amount for the SWFFCD.
952     (c)  This combined revenue amount shall then be divided by
953the combined taxable property value of each independent special
954fire control and rescue district participating in the referendum
955to arrive at the millage rate necessary to generate that amount
956of revenue.
957     (d)  This millage rate shall then be adjusted by the growth
958in per capita Florida personal income as provided by the
959Department of Revenue on the Maximum Millage Levy Calculation
960Preliminary Disclosure Form (Form DR-420MM-P) to arrive at an
961adjusted millage rate, and this adjusted millage rate shall then
962be multiplied by 1.10 as provided in general law to arrive at
963the maximum starting millage rate for the SWFFCD, which shall be
964included in the referendum question. The Supervisor of Elections
965of Collier County shall also present the referendum question
966that has been selected to be presented pursuant to this act.
967     Section 21.  Referendum on the merger with the Southwest
968Florida Fire Control and Rescue District after its operational
969date.-
970     (1)  Upon notification to the Supervisor of Elections of
971Collier County by an independent special fire control and rescue
972district of its adoption of a resolution calling for a
973referendum on merging with the SWFFCD, the Supervisor of
974Elections of Collier County shall conduct a referendum of the
975qualified electors of the notifying independent special fire
976control and rescue district on the question of whether the
977independent special fire control and rescue district shall merge
978with the district and shall be authorized to levy ad valorem
979taxes at the next regularly scheduled general election date
980after notification or at a special election as requested by the
981independent special fire control and rescue district. The
982qualified electors residing within the independent special fire
983control and rescue district that has provided notification to
984the Supervisor of Elections of Collier County shall vote on such
985referendum. Upon approval by a majority of the qualified
986electors of the requesting independent special fire control and
987rescue district voting in the referendum, the independent
988special fire control and rescue district shall merge with the
989district pursuant to this act. The election shall be in
990accordance with the provisions of law relating to the elections
991currently in force in Collier County. The cost of the referendum
992shall be reimbursed to Collier County by the requesting
993independent special fire control and rescue district. There
994shall be no referendum of the qualified electors of the SWFFCD
995regarding whether the independent special fire control and
996rescue district shall merge with the SWFFCD.
997     (2)(a)  Notwithstanding section 101.161, Florida Statutes,
998the following referendum question shall be presented to the
999electors of the independent special fire control and rescue
1000district if the governing body of the independent special fire
1001control and rescue district electing to request approval of the
1002merger with the SWFFCD, and the merger will occur after the
1003SWFFCD's operational date:
1004
1005
REFERENDUM ON MERGER WITH THE SOUTHWEST FLORIDA FIRE CONTROL AND
1006
RESCUE DISTRICT AND ITS AUTHORITY
1007
1008In an effort to consolidate the independent special fire control
1009and rescue districts in Collier County, shall your independent
1010special fire control and rescue district merge into the
1011Southwest Florida Fire Control and Rescue District, an
1012independent special fire control and rescue district in Collier
1013County, which is authorized to exercise all powers as set forth
1014in its charter and chapters 191 and 189, Florida Statutes, and
1015your existing independent special fire control and rescue
1016district's existing powers, including the authority to levy an
1017ad valorem millage rate up to [to be inserted by the Supervisor
1018of Elections of Collier County] mills, resulting in the
1019Southwest Florida Fire Control and Rescue District becoming your
1020new fire control and rescue service provider and the dissolution
1021of your existing independent special fire control and rescue
1022district upon the effective date of the merger without further
1023legislative or voter approval?
1024___Yes
1025___No
1026     (b)  The ad valorem millage rate provided for in the
1027referendum in paragraph (a) shall be determined and inserted
1028into such language by the Supervisor of Elections of Collier
1029County prior to the election. The ad valorem millage rate
1030included in the referendum shall be either the ad valorem
1031millage rate that is currently levied by the SWFFCD, the maximum
1032ad valorem millage rate that has been previously approved by
1033referendum of the SWFFCD, or the maximum ad valorem millage rate
1034that has been previously approved at referendum by the merging
1035independent special fire control and rescue district, whichever
1036is higher.
1037     (3)(a)  Notwithstanding section 101.161, Florida Statutes,
1038the following referendum question shall be presented to the
1039electors of the independent special fire control and rescue
1040district that has a previously approved millage rate that is
1041lower than the SWFFCD's maximum millage rate upon the governing
1042board of the independent special fire control and rescue
1043district electing to request approval of the merger with the
1044SWFFCD, and the merger will occur after the SWFFCD's operational
1045date:
1046
1047
REFERENDUM ON MERGER WITH THE SOUTHWEST FLORIDA FIRE CONTROL AND
1048
RESCUE DISTRICT AND ITS AUTHORITY
1049
1050In an effort to consolidate the independent special fire control
1051and rescue districts in Collier County, shall your independent
1052special fire control and rescue district merge into the
1053Southwest Florida Fire Control and Rescue District, an
1054independent special fire control and rescue district in Collier
1055County, which is authorized to exercise all powers as set forth
1056in its charter and chapters 191 and 189, Florida Statutes, and
1057your existing independent special fire control and rescue
1058district's existing powers, including the authority to levy an
1059ad valorem millage rate up to [to be inserted by the Supervisor
1060of Elections of Collier County] mills, resulting in the
1061Southwest Florida Fire Control and Rescue District becoming your
1062new fire control and rescue service provider and the dissolution
1063of your existing independent special fire control and rescue
1064district upon the effective date of the merger without further
1065legislative or voter approval?
1066     Yes
1067     No
1068     (b)  The ad valorem millage rate provided for in the
1069referendum in paragraph (a) shall be determined and inserted
1070into such language by the Supervisor of Elections of Collier
1071County prior to the election. The ad valorem millage rate
1072included in the referendum shall be either the ad valorem
1073millage rate that is currently levied by the SWFFCD, the maximum
1074ad valorem millage rate that has been previously approved by
1075referendum of the SWFFCD, or the maximum ad valorem millage rate
1076that has been previously approved at referendum by the merging
1077independent special fire control and rescue district, whichever
1078is lower.
1079     Section 22.  This act shall take effect upon becoming a
1080law.


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