Florida Senate - 2012                             (NP)    SB 642
       
       
       
       By Senator Richter
       
       
       
       
       37-00548-12                                            2012642__
    1                        A bill to be entitled                      
    2         An act relating to the East Naples Fire Control and
    3         Rescue District, Collier County; amending chapter
    4         2000-444, Laws of Florida, as amended by chapter 2004
    5         433, Laws of Florida, to revise the district’s
    6         charter; providing a savings clause for the district’s
    7         current authority to levy up to 1.5 millage; providing
    8         for incorporation; providing that the district is an
    9         independent special district; providing for charter
   10         amendments; revising boundaries; providing for
   11         annexation; revising provisions relating to the board
   12         of commissioners; revising duties, powers, and
   13         authority of the board; revising powers of the
   14         district; providing for the financing of the district;
   15         providing for bonds; providing for reimbursement to
   16         the county when a referendum is required; providing
   17         for impact fees; providing for the collection and
   18         disbursement of such fees; providing for deposit of
   19         taxes, assessments, and fees and authority to disburse
   20         funds; providing for elections; requiring district
   21         planning; providing for immunity from tort liability;
   22         providing for dissolution procedures; providing for
   23         exemption from taxation; providing for liberal
   24         construction; providing for severability; providing an
   25         effective date.
   26  
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. The charter of the East Naples Fire Control and
   30  Rescue District, as created in section 2 of chapter 2000-444,
   31  Laws of Florida, as amended by chapter 2004-433, Laws of
   32  Florida, is amended to read:
   33         Section 1. Codification.—Pursuant to chapter 97-255, Laws
   34  of Florida, this act constitutes the codification of all special
   35  acts relating to the East Naples Fire Control and Rescue
   36  District, an independent special fire control and rescue
   37  district in Collier County, hereinafter referred to as the
   38  “district. It is the intent of the Legislature in enacting this
   39  law to provide a single, comprehensive special act charter for
   40  the district, including all current legislative authority
   41  granted to the district by its several legislative enactments
   42  and any additional authority granted by this act. It is further
   43  the intent of this act to preserve all district authority,
   44  including the authority to assess annually and levy against the
   45  taxable property in the district a tax not to exceed 1.5 mills
   46  on the dollar of assessed valuation.
   47         Section 2. Corporate status.—All of the incorporated lands
   48  in Collier County, as described in this act, shall be
   49  incorporated into the district. The district shall be a public
   50  municipal corporation under the name of the East Naples Fire
   51  Control and Rescue District. The district is organized and
   52  exists for all purposes set forth in this act and chapters 189
   53  and 191, Florida Statutes. The district was created by special
   54  act in 1961 and its charter may be amended only by special act
   55  of the Legislature.
   56         Section 3. 2.Boundaries.—The lands to be incorporated
   57  within (1) A fire control district known as the East Naples Fire
   58  Control and Rescue District, hereafter referred to as the
   59  district, is hereby established to consist of the following
   60  described lands in Collier County:
   61         A. Beginning at the northeast corner of the
   62         Northwest quarter of Section 27, Township 49 South,
   63         Range 25 East, thence along the north line of said
   64         Section 27, east 45 feet to the east right-of-way line
   65         of C-851 (also known as Goodlette-Frank Road), (which
   66         right-of-way line lies 45 feet east of, measured at
   67         right angles to, and parallel with the north and south
   68         quarter section line of said Section 27), to the north
   69         line of Lot 11, Naples Improvement Company’s Little
   70         Farms, Plat Book 2, Page 2; thence east to the east
   71         section line of Section 27, Township 49 South, Range
   72         25 East; then north along the east line of said
   73         Section 27 to the northeast corner of said Section 27;
   74         said point also being the southeast corner of Section
   75         23 Township 49 South, Range 25 East thence east along
   76         the north line of Section 26, Township 49 South, Range
   77         25 East to a point 990.0 feet west of the west right
   78         of-way line of Airport Pulling Road; thence south 01
   79         degrees 30 minutes 00 seconds east, 1320.0 feet;
   80         thence north 89 degrees 25 minutes 40 seconds east,
   81         660.0 feet; thence north 01 degrees 30 minutes 00
   82         seconds west, 1320.0 feet to the north line of said
   83         Section 26; thence east along said north line of
   84         Section 26 to the west right of way line of Airport
   85         Pulling Road; to the south line of said Section 26
   86         (said right-of-way line lying 50 feet west of the
   87         southeast corner of said Section 26); thence westerly
   88         along said south line to the southwest corner of said
   89         Section 26; thence northerly along the west line of
   90         said Section 26; to the southerly right-of-way line of
   91         Golden Gate Parkway (100 feet wide); thence easterly
   92         along said southerly right-of-way line to a point
   93         lying 1220.00 feet west of the west line of said
   94         Airport-Pulling Road; thence northerly parallel with
   95         said west right-of-way line to the northerly right-of
   96         way line of said Golden Gate Parkway; thence westerly
   97         along the north right-of-way of Golden Gate Parkway to
   98         a point 620 feet east and 235.46 feet south of the
   99         northwest corner of Lot 8, Naples Improvement
  100         Company’s Little Farms; thence north 235.46 feet to
  101         the north line of Lot 8; thence west along said north
  102         line 620 feet to the northwest corner of said Lot 8;
  103         thence southerly to that angle point in said east
  104         right-of-way line which lies on a line 400.00 feet
  105         northerly of (measured at right angles to) and
  106         parallel with the north line of Section 34, Township
  107         49 South, Range 25 East; thence continuing along said
  108         east right-of-way to the north line of Gordon River
  109         Homes Subdivision; thence east along the north line of
  110         Lots 50, 49, and 48 to a point 22.5 feet east of the
  111         northwest corner of Lot 48; thence south parallel to
  112         the west line of Lot 48 to the south line of Lot 48;
  113         thence west along the south line of Lots 48, 49, and
  114         50 to the east right-of-way line of Goodlette-Frank
  115         Road; thence continuing along said east right-of-way
  116         line, which line lies 100.00 feet east of, measured at
  117         right angles to, and parallel with the north and south
  118         quarter section line of said Section 34; thence
  119         continuing along said east right-of-way line to a
  120         point on the north line of the southwest quarter of
  121         the northeast quarter of Section 34, Township 49
  122         South, Range 25 East; thence continue on said right of
  123         way line 460.0 feet; thence north 89 degrees 41
  124         minutes 30 seconds east 494.99 feet; thence south 0
  125         degrees 34 minutes 06 seconds east 615.88 feet to a
  126         point of curvature; thence southwesterly 343.97 feet
  127         along the arc of a tangential circular curve, concave
  128         to the northwest have a radius of 243.97 feet and
  129         subtended by a chord which bears south 44 degrees 33
  130         minutes 25 seconds west 345.84 feet; thence south 89
  131         degrees 41 minutes 30 seconds west 250.0 feet to the
  132         easterly right of way line of Goodlette-Frank Road;
  133         thence south along said right of way line to a point
  134         48.41 feet south of the north line of the south half
  135         of Section 34, Township 49 South, Range 25 East;
  136         thence north 89 degrees 56 minutes 59 seconds east
  137         249.79 feet; thence northeasterly 173.98 feet along
  138         the arc of a circular curve concave to the northwest
  139         having a radius of 293.97 feet and being subtended by
  140         a chord which bears north 72 degrees 59 minutes 41
  141         seconds east 171.46 feet; thence south 89 degrees 47
  142         minutes 31 seconds east 808.79 feet; thence north 89
  143         degrees 55 minutes 05 seconds east 993.64 feet to a
  144         point on that bulkhead line as shown on Plate recorded
  145         in Bulkhead Line Plan Book 1, Page 25 Collier County
  146         Public Records, Collier County, Florida; thence run
  147         the following courses along the said Bulkhead line,
  148         47.27 feet along the arc of a non-tangential circular
  149         curve concave to the west, having a radius of 32.68
  150         feet and subtended by a chord having a bearing of
  151         south 14 degrees 08 minutes 50 seconds east and a
  152         length of 43.26 feet to a point of tangency; south 27
  153         degrees 17 minutes 25 seconds west for 202.44 feet to
  154         a point of curvature; 296.89 feet along the arc of a
  155         curve concave to the southeast, having a radius of
  156         679.46 feet and subtended by a chord having a bearing
  157         of south 14 degrees 46 minutes 21 seconds west and a
  158         length of 294.54 feet to a point of reverse curvature;
  159         157.10 feet along the arc of a curve concave to the
  160         northwest, having a radius of 541.70 feet, and
  161         subtended by a chord having a bearing of south 10
  162         degrees 33 minutes 47 seconds west and a length of
  163         156.55 feet to a point of reverse curvature; 307.67
  164         feet along the arc of a curve concave to the
  165         northeast; having a radius of 278.30 feet, and
  166         subtended by a chord having a bearing of south 12
  167         degrees 47 minutes 59 seconds east and a length of
  168         292.24 feet to a point of reverse curvature; 135.31
  169         feet along the arc of a curve concave to the southwest
  170         having a radius of 100.00 feet and subtended by a
  171         chord having a bearing of south 05 degrees 42 minutes
  172         27 seconds East and a length of 125.21 feet to a point
  173         of tangency; thence South 33 degrees, 03 minutes, 21
  174         seconds West for 295.10 feet; and South 33 degrees 27
  175         minutes 51 seconds West 1.93 feet to the north line of
  176         the River Park East Subdivision which is also the
  177         north line of the south half of the southeast quarter
  178         of Section 34, Township 49 South, Range 25 East;
  179         thence along the north line of the south half of the
  180         southeast quarter of said Section 34, easterly to the
  181         west line of Section 35, Township 49 South, Range 25
  182         East; thence along the west line of said Section 35,
  183         northerly 1320 feet more or less to the northwest
  184         corner of the south half of said Section 35; thence
  185         along the north line of the south half of said Section
  186         35, easterly to the west right-of-way line of State
  187         Road No. 31 (Airport Road), which right-of-way lies
  188         50.0 feet west of, measured at right angles to, and
  189         parallel with the east line of said Section 35; thence
  190         along said right-of-way line of State Road No. 31,
  191         south 00 degrees 13 minutes 57 seconds west 1800 feet
  192         more or less to a point on said west right-of-way
  193         line, which lies north 00 degrees 13 minutes 57
  194         seconds east 848.02 feet and south 89 degrees 46
  195         minutes 03 seconds west 50.00 feet from the southeast
  196         corner of said Section 35; thence continuing along
  197         said west right-of-way line southerly 325.02 feet
  198         along the arc of a tangential circular curve concave
  199         to the east, radius 2914.93 feet, subtended by a chord
  200         which bears south 2 degrees 57 minutes 43 seconds east
  201         324.87 feet; thence continuing along said west right
  202         of-way line, tangentially south 6 degrees 09 minutes
  203         22 second east 3.13 feet, thence southerly along a
  204         curve concave to the southwest, having a central angle
  205         of 6 degrees 23 minutes 18 seconds and a radius of
  206         1860.08 feet, a distance of 207.34 feet; thence south
  207         0 degrees 13 minutes 57 seconds west 313.03 feet more
  208         or less to a point on the north line of and 20 feet
  209         west of the northeast corner of Section 2, Township 50
  210         South, Range 25 East; thence southeasterly, 300.7 feet
  211         more or less to a point on the east line of said
  212         Section 2 which point lies 300.0 feet south of the
  213         northeast corner of said Section 2; thence along the
  214         east line of the north half of said Section 2,
  215         southerly to the southeast corner of the north half of
  216         said Section 2; thence along the south line of the
  217         north half of said Section 2; westerly to the
  218         northeast corner of the southeast quarter of Section
  219         3, Township 50 South, Range 25 East; thence southerly
  220         along the east line of the southeast corner of said
  221         Section 3 for a distance of 2013.98 feet; thence North
  222         89 degrees 37 minutes 20 seconds East 662.04 feet;
  223         thence South 00 degrees 17 minutes 20 seconds East
  224         119.26 feet; thence South 89 degrees 27 minutes 40
  225         seconds West 322.00 feet; thence South 00 degrees, 17
  226         minutes 20 seconds East 10.00 feet; thence South 89
  227         degrees 27 minutes 40 seconds West 68.00 feet; thence
  228         South 00 degrees 17 minutes 20 seconds East 361.00
  229         feet; thence North 89 degrees 27 minutes 40 seconds
  230         East 68.00 feet; thence South 00 degrees 17 minutes 20
  231         seconds East 140.00 feet; thence South 89 degrees 27
  232         minutes 40 seconds West 221.81 feet; thence North 01
  233         degrees 05 minutes 56 seconds West 6.99 feet; thence
  234         westerly along the arc of a non-tangential circular
  235         curve concave to the north having a radius of 370.00
  236         feet through a central angle of 18 degrees 34 minutes
  237         13 seconds and being subtended by a chord which bears
  238         North 81 degrees 50 minutes 17 seconds West 119.40
  239         feet for a distance of 119.92 feet to a point on the
  240         east line of said Section 3; thence southerly along
  241         the east line of Section 3, and along the east lines
  242         of Sections 10, 15, 22, and 27, all in Township 50
  243         South, Range 25 East, to the southeast corner of said
  244         Section 27, Township 50 South, Range 25 East; thence
  245         westerly along the south line of said Section 27,
  246         Township 50 South, Range 25 East, and along the
  247         western prolongation of said south line to a point
  248         1,000 feet west of the mean low water line of the Gulf
  249         of Mexico; thence southeasterly along said shoreline
  250         to the south line of Section 3, Township 51 South,
  251         Range 25 East, thence easterly along the south line of
  252         said Section 3, Section 2, Section 1, Township 51
  253         South; thence along the south corner of said Section
  254         5; thence north along the east line of Section 5,
  255         Township 51 South, Range 26 East; thence continue on
  256         the north line of Section 25, 26 and part of Section
  257         27, Township 49 South, Range 25 East to the point of
  258         beginning and also,
  259  
  260         B. All those lands in Collier County described
  261         as: Sections 21, 22, 23, 26, 27, 28, 33, 34 and 35,
  262         Township 50 South, Range 26 East; Section 2, 3, 4, 9,
  263         10, 11, 12, 13, 14, 15, 16, 17, 18, 23, 24, 25, 26, 35
  264         and 36, Township 51 South, Range 26 East; Sections 1,
  265         2, 3 and those portions of Sections 10, 11, 12, and
  266         13, Township 52 South, Range 26 East, that lie North
  267         of the Marco River; those portion of Section 5, 6, 7
  268         and 18, Township 52 South, Range 27 East, that lie
  269         West and North of State Road 92; and Sections 7, 8,
  270         16, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30 and 31,
  271         Township 51 South, Range 27 East, and those portions
  272         of Sections 32 and 33, Township 51 South, Range 27
  273         East, that lie west and North of State Road 92,
  274  
  275         C. Less and except the North 1/2 of Section 2 of
  276         Township 50 South, Range 25 East and the South 1/2 of
  277         Section 35 of Township 49 South, Range 25 East.
  278  
  279         D. Less and except approximately 21.99 acres,
  280         more or less: A portion of Lots 7 through 9 of Naples
  281         Improvement Company’s Little Farms as recorded in Plat
  282         Book 2 at page 2 of the Public Records of Collier
  283         County, Florida, being more particularly described as
  284         follows:
  285  
  286         Commence at the intersection of the East right
  287         of-way of Goodlette-Frank Road (C.R. 851) and the
  288         South right-of-way of Golden Gate Parkway; thence run
  289         along said South right-of-way for the following four
  290         (4) courses:
  291  
  292         1) thence run North 44°42’45” East, for a
  293         distance of 35.36 feet;
  294  
  295         2) thence run North 89°42’45” East, for a
  296         distance of 122.57 feet;
  297  
  298         3) thence run North 80°12’12” East, for a
  299         distance of 159.63 feet;
  300  
  301         4) to a point on a circular curve concave
  302         northwest, whose radius point bears North 11°26’26”
  303         West, a distance of 813.94 feet therefrom; thence run
  304         Northeasterly along the arc of said curve to the left,
  305         having a radius of 813.94 feet, through a central
  306         angle of 22°36’33”, subtended by a chord of 319.10
  307         feet at a bearing of North 67°15’18” East, for an arc
  308         length of 321.18 feet to the intersection of the South
  309         right-of-way of said Golden Gate Parkway and the West
  310         line of the East 338.24 feet of the West 958.34 feet
  311         of Lot 7 of Naples Improvements Company’s Little Farms
  312         Subdivision as recorded in Plat Book 2 at page 2 of
  313         the Public Records of Collier County, Florida, also
  314         being the point of beginning of the parcel of land
  315         herein described; thence run South 00°16’32” East,
  316         along the West line of the East 338.24 feet of the
  317         West 958.34 feet of said Lot 7, for a distance of
  318         302.90 feet to a point on the South line of said Lot
  319         7; thence run along said South line for the following
  320         two (2) courses:
  321  
  322         1) thence run North 89°41’51” East, for a
  323         distance of 338.41 feet;
  324  
  325         2) thence run North 89°50’24” East, for
  326         approximately 850 feet to a point on the mean high
  327         water line of the west bank of Gordon River, said
  328         point herein called Point “A”. thence return to the
  329         aforementioned point of beginning. thence run along
  330         the south right-of-way of said Golden Gate Parkway for
  331         the following four (4) courses:
  332  
  333         1) beginning at a point on a circular curve
  334         concave northwest, whose radius point bears North
  335         34°02’58” West a distance of 813.94 feet therefrom;
  336         thence run Northeasterly along the arc of said curve
  337         to the left, having a radius of 813.94 feet, through a
  338         central angle of 05°09’09”, subtended by a chord of
  339         73.17 feet at a bearing of North 53°22’27” East, for
  340         an arc length of 73.20 feet to the end of said curve;
  341  
  342         2) thence run North 50°47’53” East, for a
  343         distance of 459.55 feet
  344  
  345         3) to the beginning of a tangential circular
  346         curve concave south; thence run Easterly along the arc
  347         of said curve to the right, having a radius of 713.94
  348         feet; through a central angle of 38°52’20”; subtended
  349         by a chord of 475.13 feet at a bearing of North
  350         70°14’03” East, for an arc length of 484.37 feet to
  351         the end of said curve;
  352  
  353         4) thence run North 89°40’13” East, for
  354         approximately 724 feet to a point on the mean high
  355         water line of the west bank of Gordon River; thence
  356         meander Southwesterly along the mean high water line
  357         for approximately 900 feet to the aforementioned Point
  358         “A” and the point of ending.
  359  
  360         E. Less and except approximately 112.82 acres,
  361         more or less: All of East Naples Industrial Park,
  362         according to the plat thereof recorded in Plat Book
  363         10, Pages 114 and 115, of the Public Records of
  364         Collier County, Florida; all of East Naples Industrial
  365         Park Replat No. 1, according to the Plat thereof
  366         recorded in Plat Book 17, Pages 38 and 39, of the
  367         Public Records of Collier County, Florida; and the
  368         Northerly 200 feet of the Southerly 510 feet of the
  369         Easterly 250 feet of the Northeast 1/4 of Section 35,
  370         Township 49 South, Range 25 East, Collier County,
  371         Florida, less and excepting the Easterly 50 feet
  372         thereof.
  373  
  374         F. Less and except approximately 6.17 acres, more
  375         or less: All that part of Lots 12, 13, and 14, Naples
  376         Improvement Company’s Little Farms, as recorded in
  377         Plat Book 2, Page 2 of the Public Records of Collier
  378         County, Florida, being more particularly described as
  379         follows:
  380  
  381         Commencing at the Southwest corner of Lot 12, thence
  382         along the South line of said Lot 12, North 89°26’51”
  383         East 20.00 feet to the East right-of-way line of
  384         Goodlette-Frank Road; thence along the East right-of
  385         way line North 00°39’49” East 10.00 feet to the Point
  386         of Beginning of the herein described parcel; thence
  387         continue along said East right-of-way North 00°39’49”
  388         West 580.00 feet; thence leaving said East right-of
  389         way North 89°20’11” East 260.12 feet; thence North
  390         59°31’13” East, 153.66 feet; thence South 30°28’42”
  391         East, 119.01 feet; thence South 00°33’09” East, 554.02
  392         feet to a line lying 10 feet North of and parallel
  393         with said South line of Lot 12; thence along the said
  394         parallel line South 89°26’51” West, 451.54 feet to the
  395         point of beginning of the herein described parcel.
  396  
  397         Bearings are based on the said East line Goodlette
  398         Frank Road being North 00°33’49” East.
  399  
  400         G. Less and except approximately 12.77 acres,
  401         more or less: The West one-half (W1/2) of the
  402         Northwest one-quarter (NW 1/4) of the Northwest one
  403         quarter (NW 1/4) of Section 11, Township 50 South,
  404         Range 25 East, lying South of State Road 90 (Tamiami
  405         Trail, U.S. 41), in Collier County, Florida, except
  406         the South 264 feet, and
  407  
  408         All that part of the South 264 feet of the Southwest
  409         one-quarter (SW 1/4) of the Northwest one-quarter (NW
  410         1/4) of the Northwest one-quarter (NW 1/4) of Section
  411         11, Township 50 South, Range 25 East, in Collier
  412         County, Florida, lying north of the northline of
  413         Walker’s Subdivision as delineated on a Plat of record
  414         in plat book 1, at page 36, of the Public Records of
  415         Collier County, Florida.
  416  
  417         TOGETHER WITH:
  418  
  419         Lots 1 to 8, inclusive, COL-LEE-CO TERRACE, according
  420         to plat in Plat Book 1, Page 32, Public Records of
  421         Collier County, Florida.
  422  
  423         LESS AND EXCEPT:
  424  
  425         Those parcels described in Official Records Book 1969,
  426         Page 977, and Official Records Book 2119, Page 1344
  427         both of the Public Records of Collier County, Florida.
  428  
  429         H. Less and except approximately 6.16 acres, more
  430         or less: Being a part of Estuary at Grey Oaks Roadway,
  431         Clubhouse and Maintenance Facility Tract, Plat Book
  432         36, pages 9-16, Estuary at Grey Oaks Tract B, Plat
  433         Book 37, pages 13-18 and part of Section 26, Township
  434         49 South, Range 25 East, Collier County, Florida.
  435  
  436         All that part of Estuary at Grey Oaks Roadway,
  437         Clubhouse and Maintenance Facility Tracts according to
  438         the plat thereof as recorded in Plat Book 36, pages 9
  439         16, Estuary at Grey Oaks Tract B according to the plat
  440         thereof as recorded in Plat Book 37, pages 13-18,
  441         Public Records of Collier County, Florida, and part of
  442         Section 26, Township 49 South, Range 25 East, Collier
  443         County, Florida being more particularly described as
  444         follows;
  445  
  446         Commencing at the northwest corner of Tract M of said
  447         Estuary at Grey Oaks Roadway, Clubhouse and
  448         Maintenance Facility Tracts;
  449  
  450         Thence along the west line of said Tract M South
  451         00°East 613.48 feet to the Point of Beginning of the
  452         parcel herein described;
  453  
  454         Thence continue South 00°20’09” East 406.67 feet;
  455  
  456         Thence North 89°24’29” West 660.00 feet;
  457  
  458         Thence North 00°20’09” West 406.66 feet to a point on
  459         the boundary of Golf Course Tract 1 of said Estuary at
  460         Grey Oaks Tract B;
  461  
  462         Thence along said boundary South 89°24’33” East 660.00
  463         feet to the Point of Beginning of the parcel herein
  464         described;
  465  
  466         Bearings are based on the west line of said Tract M
  467         being South 00°20’09” East.
  468         (2) In the event that property in the district is annexed
  469  by the City of Naples between January 1 and July 1 of any year,
  470  the property shall be regarded as removed from the East Naples
  471  Fire Control and Rescue District as of January 1 of that year
  472  for the purpose of the levy of general ad valorem taxes by the
  473  district. If annexation occurs after July 1, the property shall
  474  be assessed by the district for ad valorem taxes for that year.
  475  On and after the effective date of annexation, the district
  476  shall be relieved of providing fire service to the annexed area.
  477  The city and the district may reach an agreement to determine
  478  what portion, if any, of the existing indebtedness or property
  479  of the district shall be assumed by the municipality of which
  480  the annexed territory will become a part, the fair value of such
  481  indebtedness or property, and the manner of transfer and
  482  financing. Nothing herein shall relieve the property annexed
  483  from the payment of general obligation debt service incurred by
  484  the district before annexation.
  485         Section 4. Annexation.—Chapter 171, Florida Statutes, shall
  486  apply to all annexations by a municipality within the district’s
  487  boundaries.
  488         Section 5. Governing board.—
  489         (1) In accordance with chapter 191, Florida Statutes, the
  490  business and affairs of the district shall be conducted and
  491  administered by a five-member board of fire commissioners
  492  elected pursuant to chapter 191, Florida Statutes, by the
  493  electors of the district in a nonpartisan election held at the
  494  time and in the manner prescribed for holding general elections
  495  in section 189.405(2)(a), Florida Statutes. Each member of the
  496  board shall be elected for a term of 4 years and shall serve
  497  until his or her successor assumes office.
  498         (2) The office of each board member is designated as a seat
  499  on the board, distinguished from each of the other seats by a
  500  numeral: 1, 2, 3, 4, or 5. Each candidate must designate, at the
  501  time he or she qualifies, the seat on the board for which he or
  502  she is qualifying. The name of each candidate who qualifies
  503  shall be included on the ballot in a way that clearly indicates
  504  the seat for which he or she is a candidate. The candidate for
  505  each seat who receives the most votes shall be elected to the
  506  board.
  507         (3) In accordance with chapter 191, Florida Statutes, each
  508  member of the board must be a qualified elector at the time he
  509  or she qualifies and continually throughout his or her term.
  510         Section 3. The governing body of the district board shall
  511  be a board of five commissioners who are residents of the
  512  district who shall be elected as are county officers and who
  513  shall qualify and run for office as provided for by general law.
  514  For purposes of qualification and running for office, the
  515  commission seats shall be designated as number 1, 2, 3, 4, and
  516  5. Within 15 days after any commissioner takes office, the
  517  district board shall meet and elect a chair and secretary
  518  treasurer. Each member of the district board shall receive, from
  519  the funds of the district, compensation for his or her services
  520  as provided for by general law.
  521         (4)Section 4.Each elected member shall assume office 10
  522  days after the member’s election. Within 60 10 days after the
  523  newly elected members have taken office, election and
  524  qualification of its members the board shall meet and elect from
  525  its membership a chair, a vice chair, and president, a secretary
  526  and a treasurer or a secretary-treasurer.
  527         (5) Members of the board may each be paid a salary or
  528  honorarium to be determined by at least a majority plus one vote
  529  of the board, pursuant to chapter 191, Florida Statutes.
  530         (6) If a vacancy occurs on the board due to the
  531  resignation, death, or removal of a board member or the failure
  532  of anyone to qualify for a board seat, the remaining members may
  533  appoint a qualified person to fill the seat until the next
  534  general election, at which time an election shall be held to
  535  fill the vacancy for the remaining term, if any. The board shall
  536  remove any member who has three consecutive, unexcused absences
  537  from regularly scheduled meetings. The board shall adopt
  538  policies by resolution defining excused and unexcused absences.
  539         (7) The procedures for conducting district elections or
  540  referenda and for qualification of electors shall be pursuant to
  541  chapters 189 and 191, Florida Statutes.
  542         (8) The board shall have those administrative duties set
  543  forth in this act and chapters 189 and 191, Florida Statutes.
  544         Section 5. The business affairs of the district shall be
  545  administered and conducted by the board. It shall have the
  546  authority, for and on behalf of the district, to establish,
  547  equip, operate, and maintain a fire department and rescue squad
  548  within the district and shall buy, lease, sell, exchange, or
  549  otherwise acquire and dispose of firefighting equipment and
  550  other property, real, personal, or mixed, that it may from time
  551  to time deem necessary to prevent and extinguish fire or provide
  552  rescue services within the district, which services may include
  553  transportation to a health facility when authorized by the Board
  554  of County Commissioners of Collier County under emergency
  555  conditions as may be prescribed by the board of county
  556  commissioners. This shall include, but not be limited to, the
  557  authority to provide water, water supply, water stations, and
  558  other necessary buildings; accept gifts or donations of
  559  equipment or money for the use of the district; and to do all
  560  things necessary to provide for an adequate water supply, fire
  561  prevention, and proper fire protection for the district. In
  562  addition, the board shall have the authority to extend its
  563  services outside the district when provided in cooperation with
  564  another governmental entity.
  565         Section 6. The board shall have the power to hire necessary
  566  firefighting personnel who shall serve at its pleasure.
  567         Section 7. The board shall have authority to inspect all
  568  property and investigate for fire hazards.
  569         (9)Section 8. The board is authorized to promulgate rules
  570  and regulations for the prevention of fire and for fire control
  571  in the district, which rules and regulations shall have the same
  572  force and effect as law 10 days after copies thereof executed by
  573  the chair president and secretary of the board have been posted
  574  in at least three public places.
  575         (10) A quorum of the board shall be a majority of its
  576  members. In order to take official action, an affirmative vote
  577  of a majority of those voting members present shall be required.
  578         Section 6. Powers of the district.—The district shall have
  579  all powers and duties granted by this act and chapters 189 and
  580  191, Florida Statutes.
  581         Section 7. Finances.—
  582         (1) The powers, functions, and duties of the district
  583  regarding ad valorem taxation, bond issuance, and other revenue
  584  raising capabilities, including non-ad valorem assessments and
  585  user and impact fees, budget preparation and approval, liens and
  586  foreclosure of liens, use of tax deeds and tax certificates as
  587  appropriate for ad valorem taxes and non-ad valorem assessments,
  588  and contractual agreements and the methods for financing the
  589  district and for collecting non-ad valorem assessments, fees, or
  590  service charges shall be as set forth in this act, in chapters
  591  170, 189, 191, 197, and 219, Florida Statutes, and in any
  592  applicable general or special law.
  593         (2) The district shall levy and collect ad valorem taxes in
  594  accordance with section 191.009 and chapter 200, Florida
  595  Statutes. The taxes levied and assessed by the district shall be
  596  a lien upon the land so assessed along with the county taxes
  597  assessed against such land until such assessments and taxes have
  598  been paid, and if the taxes levied by the district become
  599  delinquent, such taxes shall be considered a part of the county
  600  tax subject to the same penalties, charges, fees, and remedies
  601  for enforcement and collection and shall be enforced and
  602  collected as provided by general law for the collection of such
  603  taxes. The district shall have the authority to levy a millage
  604  rate up to 1.5 mills that was previously approved by referendum
  605  as required by the Florida Constitution and chapter 191, Florida
  606  Statutes, within the boundaries of the district. Nothing in this
  607  act shall prevent the district from levying a millage rate as
  608  provided for in section 191.009, Florida Statutes, or a millage
  609  rate that has been approved by referendum.
  610         (3) The board shall annually make an itemized estimate of
  611  the amount of money required to carry out the provisions of this
  612  act for the next fiscal year of the board, which fiscal year
  613  shall be from October 1 through September 30. The estimate shall
  614  state the purpose for which the money is required and the amount
  615  necessary to be raised by taxation within the district. Such
  616  budget and proposed millage rate shall be noticed, heard, and
  617  adopted in accordance with chapters 192 and 200, Florida
  618  Statutes.
  619         (4) The methods for assessing and collecting non-ad valorem
  620  assessments, fees, or service charges shall be as set forth in
  621  this act, chapter 170, chapter 189, chapter 191, or chapter 197,
  622  Florida Statutes.
  623         (5) Requirements for financial disclosure, meeting notices,
  624  reporting, public records maintenance, and per diem expenses for
  625  officers and employees shall be as set forth in this act and
  626  chapters 112, 119, 189, 191, and 286, Florida Statutes.
  627         Section 9. For the purpose of carrying into effect this law
  628  the board shall annually during the month of June, make an
  629  itemized estimate of the amount of money required to carry out
  630  the provisions of this act for the next fiscal year of said
  631  board, which fiscal year shall be from April 1 to and including
  632  the next succeeding March 31, which estimate shall show for what
  633  purpose the moneys are required and the amount necessary to be
  634  raised by taxation within the district, and shall be presented
  635  in writing, signed by the president and the secretary to the
  636  Board of County Commissioners of Collier County on or before the
  637  first Monday in July of each year. Prior to the presentation of
  638  such estimate to the Board of County Commissioners of Collier
  639  County, copies of the itemized estimate, signed by the president
  640  and secretary of the board, shall be posted in at least three
  641  public places within the district, and at the time of the
  642  presentation of such estimate the board shall also present to
  643  the Board of County Commissioners of Collier County a
  644  certificate of the board that copies of such estimate have been
  645  posted as provided herein.
  646         Section 10. Upon receipt of such estimate and certificate
  647  of posting the said board of county commissioners shall cause
  648  the same to be recorded in the minutes of the county
  649  commissioners’ meeting, and at the time of making and fixing the
  650  rate of annual taxation for county purposes, shall fix and cause
  651  to be levied on all property of said district, real and
  652  personal, a millage sufficient to meet the requirements of the
  653  estimate, provided however, the total millage shall not exceed 1
  654  1/2 mills. Subject to the provisions of chapter 82-281, Laws of
  655  Florida, this act shall take effect only when approved by a
  656  majority of the qualified electors residing within the area of
  657  the boundaries of the East Naples Fire Control District, voting
  658  in a referendum election to be called by the Board of County
  659  Commissioners of Collier County, in accordance with the
  660  provisions of the law relating to elections currently in force
  661  in Collier County, except that this section shall take effect
  662  upon becoming a law on March 18, 1982.
  663         Section 11. Taxes herein provided for shall be assessed and
  664  collected in the same manner as provided for the assessment and
  665  collection of county taxes and subject to the same commission
  666  and fees for assessing and collecting as for the assessment and
  667  collection of county taxes except as herein otherwise provided.
  668         Section 12. When the tax collector has collected the taxes
  669  provided for by this act he or she shall on or before the 10th
  670  day of each month report to the secretary of the board the
  671  collection made for the preceding month and remit the same to
  672  the treasurer of the board.
  673         Section 13. All warrants for the payment of labor,
  674  equipment, materials, and other allowable expenses incurred by
  675  the board in carrying out the provisions of this act shall be
  676  payable by the treasurer of the board on accounts and vouchers
  677  approved by the board.
  678         Section 14. The treasurer of the board when entering upon
  679  his or her duties shall give a good and sufficient bond to the
  680  Governor in the sum of $3,000 for the faithful performance of
  681  his or her duties as treasurer.
  682         Section 15. The treasurer shall on or before April 10 and
  683  October 10 of each year make a written semiannual report of
  684  receipts and expenditures of the funds of the district to the
  685  board. He or she shall furnish a copy of said report to the
  686  board of county commissioners.
  687         Section 16. Subject to the original provisions of chapter
  688  61-2034, Laws of Florida, not be effective until the same is
  689  ratified by a majority of the qualified electors of the district
  690  who vote in an election called by the board of county
  691  commissioners for ratification or rejection. In the event of
  692  ratification this act shall become effective immediately.
  693         Section 17. This act shall be construed as a remedial act
  694  and shall be liberally construed to promote the purpose for
  695  which it is intended.
  696         Section 8. 18.Bonds, notes, and certificates of
  697  indebtedness.—The district shall have the power to issue general
  698  obligation bonds, notes, or certificates of indebtedness
  699  pledging the full faith, credit, and taxing power of the
  700  district consistent with the purposes for capital projects of
  701  the district in accordance with chapter 189 or chapter 191,
  702  Florida Statutes, or any other applicable general law.
  703         Section 19. The district shall have the authority to
  704  exercise the power of eminent domain, pursuant to chapters 73
  705  and 74, Florida Statutes, over any property located within the
  706  district, except municipal, county, state, and federal property,
  707  for the purpose of acquiring property for the location of fire
  708  stations. The location and construction of fire stations shall
  709  comply with applicable Collier County ordinances.
  710         Section 20. Whenever a referendum is required under the
  711  provisions of this act, the district shall reimburse the county
  712  for the cost of such election.
  713         Section 9. 21.Impact fees.—
  714         (1) The district shall have the authority to charge and
  715  collect impact fees for capital improvements on new construction
  716  within the district as prescribed in chapter 191, Florida
  717  Statutes, or any other applicable general law.
  718         (2) No person shall issue or obtain a building permit for
  719  new residential dwelling units or new commercial or industrial
  720  structures within the district, or issue or obtain construction
  721  plan approval for new mobile home developments located within
  722  the district, until the developers thereof have paid to the
  723  district the applicable impact fees for capital improvements
  724  hereinafter set forth. Impact fees for capital improvements to
  725  be assessed and collected hereunder shall be pursuant to the
  726  Collier County 2005 First/Rescue Services Impact Fee Update
  727  Study or subsequent impact fee study pursuant to section
  728  191.009(4), Florida Statutes.
  729         (3) The district shall comply with the requirements in
  730  sections 163.31801 and 191.009(4), Florida Statutes, in its
  731  collection and use of impact fees. New facilities and equipment
  732  shall be as provided for in section 191.009(4), Florida
  733  Statutes.
  734         (4) The board shall determine the maximum amount of impact
  735  fees to be assessed in any one fiscal year. This determination
  736  shall be made before the next fiscal year. The board’s
  737  determination of the amount of the impact fee to be assessed in
  738  any one fiscal year shall be based on the requirements set forth
  739  in this section.
  740         (5) The district is authorized to enter into agreements
  741  regarding the collection of impact fees.
  742         Section 10. Deposit of taxes, assessments, and fees;
  743  authority to disburse funds.—
  744         (1) The funds of the district shall be deposited in
  745  qualified public depositories, in accordance with chapters 191
  746  and 280, Florida Statutes.
  747         (2) All warrants for the payment of labor, equipment, and
  748  other expenses of the board, and in carrying into effect this
  749  act and the purposes thereof, shall be payable by the treasurer
  750  of the board on accounts and vouchers approved and authorized by
  751  the board.
  752         Section 11. Elections.—
  753         (1) When a referendum or special election is required under
  754  this act, the district shall reimburse the county for the costs
  755  of such election.
  756         (2) The procedures for conducting any district elections or
  757  referendum required and the qualifications of any elector of the
  758  district shall be as set forth in chapters 189 and 191, Florida
  759  Statutes, except as provided in this act.
  760         Section 12. Planning.—The district’s planning requirements
  761  shall be as set forth in this act and chapters 189 and 191,
  762  Florida Statutes.
  763         Section 13. Immunity from tort liability.—
  764         (1) The district and its officers, agents, and employees
  765  shall have the same immunity from tort liability as other
  766  agencies and subdivisions of the state. Chapter 768, Florida
  767  Statutes, shall apply to all claims asserted against the
  768  district.
  769         (2) The district commissioners and all officers, agents,
  770  and employees of the district shall have the same immunity and
  771  exemption from personal liability as provided by general law for
  772  state, county, and municipal officers.
  773         (3) The district shall defend all claims against its
  774  commissioners, officers, agents, and employees that arise within
  775  the scope of employment or purposes of the district and shall
  776  pay all judgments against such persons, except where such
  777  persons acted in bad faith or with malicious purpose or in a
  778  manner exhibiting wanton and willful disregard of human rights,
  779  safety, or property.
  780         Section 14. Miscellaneous.—
  781         (1) The district shall exist until the Legislature approves
  782  a special act providing for its dissolution, and such special
  783  act is contingent upon approval by the electors of the district.
  784         (2) The district’s property and assets are exempt from
  785  taxation pursuant to section 191.007, Florida Statutes.
  786         Section 15. Liberal construction.—It is intended that the
  787  provisions of this act shall be liberally construed for
  788  accomplishing the work authorized and provided for by this act,
  789  and where strict construction would result in the defeat of the
  790  accomplishment of any part of the work authorized by this act,
  791  and a liberal construction would permit or assist in the
  792  accomplishment of any part of the work authorized by this act,
  793  the liberal construction shall be chosen.
  794         Section 16. Severability.—If any section, subsection,
  795  sentence, clause, or phrase of this act is held to be
  796  unconstitutional, such holding shall not affect the validity of
  797  the remaining portions of the act, the Legislature hereby
  798  declaring that it would have passed this act and each section,
  799  subsection, sentence, clause, and phrase thereof, irrespective
  800  of any separate section, subsection, sentence, clause, or phrase
  801  thereof, and irrespective of the fact that any one or more other
  802  sections, subsections, sentences, clauses, or phrases thereof
  803  may be declared unconstitutional.
  804         Section 2. This act shall take effect upon becoming a law.