Florida Senate - 2014                            (NP)    SB 1286
       
       
        
       By Senator Richter
       
       
       
       
       
       23-01224-14                                           20141286__
    1                        A bill to be entitled                      
    2         An act relating to Collier County; merging the East
    3         Naples Fire Control and Rescue District and the Golden
    4         Gate Fire Control and Rescue District to create a new
    5         fire rescue district; redesignating commission seats
    6         of the merged districts; creating and establishing an
    7         independent special fire control district to be known
    8         as the Greater Naples Fire Rescue District; providing
    9         that the district is an independent special district;
   10         providing legislative intent; providing for
   11         applicability of chapters 189 and 191, F.S., and other
   12         general laws; providing a district charter; providing
   13         boundaries; providing powers of the district;
   14         providing for a district board; providing authority of
   15         the board; providing for staff; providing duties and
   16         powers of the board; providing for elections to the
   17         board; providing for salaries of board members;
   18         providing for removal of board members; providing a
   19         savings clause for the existing district authority to
   20         levy up to 1.5 mills; providing for bonds; providing
   21         for raising of revenue; providing for taxation;
   22         providing findings; providing for impact fees;
   23         providing for collection and disbursement of such
   24         fees; providing for deposit of taxes, assessments, and
   25         fees and authority to disburse funds; providing for
   26         immunity from tort liability; providing for liberal
   27         construction; providing for severability; providing
   28         that this act shall take precedence over any
   29         conflicting law to the extent of such conflict;
   30         providing for the determination of millage; repealing
   31         chapters 2000-392, 2012-231, 2004-433, and 2000-444,
   32         Laws of Florida, relating to the East Naples Fire
   33         Control and Rescue District and the Golden Gate Fire
   34         Control and Rescue District; transferring all assets
   35         and liabilities of the existing districts to the
   36         Greater Naples Fire Rescue District; requiring a
   37         referendum; providing an effective date.
   38          
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. The East Naples Fire Control and Rescue District
   42  and the Golden Gate Fire Control and Rescue District are hereby
   43  merged to create the Greater Naples Fire Rescue District
   44  (“district”).
   45         Section 2. Corporate status.—All of the incorporated lands
   46  in Collier County, as described in section 2.01 of section 4,
   47  shall be incorporated into the district under the name of the
   48  Greater Naples Fire Rescue District. The district is an
   49  independent special fire control and rescue district in Collier
   50  County. The district is organized and exists for all purposes
   51  and shall hold all powers set forth in this act and chapters 189
   52  and 191, Florida Statutes. The district charter may be amended
   53  only by special act of the Legislature.
   54         Section 3. The East Naples Fire Control and Rescue District
   55  and the Golden Gate Fire Control and Rescue District commission
   56  seats shall be redesignated as following upon merger:
   57  
   58  
   59  East Naples Fire Control and Rescue District (“EN”) and Golden Gate Fire Control and Rescue District (“GG”)Greater Naples Fire Rescue District (“ENGG”)
   60  EN Seat 1                          ENGG Seat 6                       
   61  EN Seat 2                          ENGG Seat 1                       
   62  EN Seat 3                          ENGG Seat 2                       
   63  EN Seat 4                          ENGG Seat 3                       
   64  EN Seat 5                          ENGG Seat 7                       
   65  GG Seat 1                          ENGG Seat 4                       
   66  GG Seat 2                          ENGG Seat 5                       
   67  GG Seat 3                          ENGG Seat 8                       
   68         Section 4. The charter for the Greater Naples Fire Rescue
   69  District is created to read:
   70                              ARTICLE I                            
   71                        NAME OF THE DISTRICT                       
   72         Section 1.01 The name of the district shall be the Greater
   73  Naples Fire Rescue District (“district”).
   74         Section 1.02 The district shall be an independent special
   75  district of the State of Florida and a body corporate and
   76  politic.
   77                             ARTICLE II                            
   78                     BOUNDARIES OF THE DISTRICT                    
   79         Section 2.01 The lands to be incorporated within the
   80  Greater Naples Fire Rescue District consist of the following
   81  described lands in Collier County:
   82  
   83         A. Township 48 South, Range 26 East, Sections 25, 26,
   84         27, 28, 33, 34, 35, 36. Township 48 South, Range 27
   85         East, Sections 29, 30, 31, 32. Township 49 South,
   86         Range 26 East, Sections 1, 2, 3, 4, 9, 10, 11, 12, 13,
   87         14, 15, 16, 17, 20, 21, 22, 23, 24, 25, 26, 27, 28,
   88         33, 34, 35, 36. Township 49 South, Range 27 East,
   89         Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
   90         14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26,
   91         27, 28, 29, 30, 31, 32, 33, 34, 35, 36. Township 49
   92         South, Range 28 East, Sections 4, 5, 6, 7, 8, 9, 16,
   93         17, 18, 19, 20, 21, 28, 29, 30, 31, 32, 33. Township
   94         50 South, Range 26 East, Sections 2, 3, 4, 9, 10, 11,
   95         14, 15, 16.
   96  
   97  Hereinafter referred to as the “Golden Gate Division;”
   98  
   99  and also,
  100  
  101         B. Beginning at the northeast corner of the Northwest
  102         quarter of Section 27, Township 49 South, Range 25
  103         East, thence along the north line of said Section 27,
  104         east 45 feet to the east right-of-way line of C-851
  105         (also known as Goodlette-Frank Road), (which right-of
  106         way line lies 45 feet east of, measured at right
  107         angles to, and parallel with the north and south
  108         quarter section line of said Section 27), to the north
  109         line of Lot 11, Naples Improvement Company’s Little
  110         Farms, Plat Book 2, Page 2; thence east to the east
  111         section line of Section 27, Township 49 South, Range
  112         25 East; then north along the east line of said
  113         Section 27 to the northeast corner of said Section 27;
  114         said point also being the southeast corner of Section
  115         23 Township 49 South, Range 25 East thence east along
  116         the north line of Section 26, Township 49 South, Range
  117         25 East to a point 990.0 feet west of the west right
  118         of-way line of Airport-Pulling Road; thence south
  119         01°30’00” East, 1320.0 feet; thence north 89°25’40”
  120         East, 660.0 feet; thence north 01°30’00” West, 1320.0
  121         feet to the north line of said Section 26; thence east
  122         along said north line of Section 26 to the west right
  123         of-way line of Airport-Pulling Road; to the south line
  124         of said Section 26 (said right-of-way line lying 50
  125         feet west of the southeast corner of said Section 26);
  126         thence westerly along said south line to the southwest
  127         corner of said Section 26; thence northerly along the
  128         west line of said Section 26; to the southerly right
  129         of-way line of Golden Gate Parkway (100 feet wide);
  130         thence easterly along said southerly right-of-way line
  131         to a point lying 1220.00 feet west of the west line of
  132         said Airport-Pulling Road; thence northerly parallel
  133         with said west right-of-way line to the northerly
  134         right-of-way line of said Golden Gate Parkway; thence
  135         westerly along the north right-of-way of Golden Gate
  136         Parkway to a point 620 feet east and 235.46 feet south
  137         of the northwest corner of Lot 8, Naples Improvement
  138         Company’s Little Farms; thence north 235.46 feet to
  139         the north line of Lot 8; thence west along said north
  140         line 620 feet to the northwest corner of said Lot 8;
  141         thence southerly to that angle point in said east
  142         right-of-way line which lies on a line 400.00 feet
  143         northerly of (measured at right angles to) and
  144         parallel with the north line of Section 34, Township
  145         49 South, Range 25 East; thence continuing along said
  146         east right-of-way to the north line of Gordon River
  147         Homes Subdivision; thence east along the north line of
  148         Lots 50, 49, and 48 to a point 22.5 feet east of the
  149         northwest corner of Lot 48; thence south parallel to
  150         the west line of Lot 48 to the south line of Lot 48;
  151         thence west along the south line of Lots 48, 49, and
  152         50 to the east right-of-way line of Goodlette-Frank
  153         Road; thence continuing along said east right-of-way
  154         line, which line lies 100.00 feet east of, measured at
  155         right angles to, and parallel with the north and south
  156         quarter section line of said Section 34; thence
  157         continuing along said east right-of-way line to a
  158         point on the north line of the southwest quarter of
  159         the northeast quarter of Section 34, Township 49
  160         South, Range 25 East; thence continue on said right of
  161         way line 460.0 feet; thence north 89°41’30” East
  162         494.99 feet; thence south 0°34’06” East 615.88 feet to
  163         a point of curvature; thence southwesterly 343.97 feet
  164         along the arc of a tangential circular curve, concave
  165         to the northwest have a radius of 243.97 feet and
  166         subtended by a chord which bears south 44°33’25” West
  167         345.84 feet; thence south 89°41’30” West 250.0 feet to
  168         the easterly right of way line of Goodlette-Frank
  169         Road; thence south along said right-of-way line to a
  170         point 48.41 feet south of the north line of the south
  171         half of Section 34, Township 49 South, Range 25 East;
  172         thence north 89°56’59” East 249.79 feet; thence
  173         northeasterly 173.98 feet along the arc of a circular
  174         curve concave to the northwest having a radius of
  175         293.97 feet and being subtended by a chord which bears
  176         north 72°59’41” East 171.46 feet; thence south
  177         89°47’31” East 808.79 feet; thence north 89°55’05”
  178         East 993.64 feet to a point on that bulkhead line as
  179         shown on Plat recorded in Bulkhead Line Plan Book 1,
  180         Page 25 Collier County Public Records, Collier County,
  181         Florida; thence run the following courses along the
  182         said Bulkhead line, 47.27 feet along the arc of a non
  183         tangential circular curve concave to the west, having
  184         a radius of 32.68 feet and subtended by a chord having
  185         a bearing of south 14°08’50” East and a length of
  186         43.26 feet to a point of tangency; south 27°17’25”
  187         West for 202.44 feet to a point of curvature; 296.89
  188         feet along the arc of a curve concave to the
  189         southeast, having a radius of 679.46 feet and
  190         subtended by a chord having a bearing of south
  191         14°46’21” West and a length of 294.54 feet to a point
  192         of reverse curvature; 157.10 feet along the arc of a
  193         curve concave to the northwest, having a radius of
  194         541.70 feet, and subtended by a chord having a bearing
  195         of south 10°33’47” West and a length of 156.55 feet to
  196         a point of reverse curvature; 307.67 feet along the
  197         arc of a curve concave to the northeast; having a
  198         radius of 278.30 feet, and subtended by a chord having
  199         a bearing of south 12°47’59” East and a length of
  200         292.24 feet to a point of reverse curvature; 135.31
  201         feet along the arc of a curve concave to the southwest
  202         having a radius of 100.00 feet and subtended by a
  203         chord having a bearing of south 05°42’27” East and a
  204         length of 125.21 feet to a point of tangency; thence
  205         South 33 degrees, 03 minutes, 21” West for 295.10
  206         feet; and South 33°27’5l” West 1.93 feet to the north
  207         line of the River Park East Subdivision which is also
  208         the north line of the south half of the southeast
  209         quarter of Section 34, Township 49 South, Range 25
  210         East; thence along the north line of the south half of
  211         the southeast quarter of said Section 34, easterly to
  212         the west line of Section 35, Township 49 South, Range
  213         25 East; thence along the west line of said Section
  214         35, northerly 1320 feet more or less to the northwest
  215         corner of the south half of said Section 35; thence
  216         along the north line of the south half of said Section
  217         35, easterly to the west right-of-way line of State
  218         Road No. 31 (Airport Road), which right-of-way lies
  219         50.0 feet west of, measured at right angles to, and
  220         parallel with the east line of said Section 35; thence
  221         along said right-of-way line of State Road No. 31,
  222         south 00°13’57” West 1800 feet more or less to a point
  223         on said west right-of-way line, which lies north
  224         00°13’57” East 848.02 feet and south 89°46’03” West
  225         50.00 feet from the southeast corner of said Section
  226         35; thence continuing along said west right-of-way
  227         line southerly 325.02 feet along the arc of a
  228         tangential circular curve concave to the east, radius
  229         2914.93 feet, subtended by a chord which bears south
  230         2°57’43” East 324.87 feet; thence continuing along
  231         said west right-of-way line, tangentially south
  232         6°09’22 second east 3.13 feet, thence southerly along
  233         a curve concave to the southwest, having a central
  234         angle of 6°23’18”and a radius of 1860.08 feet, a
  235         distance of 207.34 feet; thence south 0°13’57” West
  236         313.03 feet more or less to a point on the north line
  237         of and 20 feet west of the northeast corner of Section
  238         2, Township 50 South, Range 25 East; thence
  239         southeasterly, 300.7 feet more or less to a point on
  240         the east line of said Section 2 which point lies 300.0
  241         feet south of the northeast corner of said Section 2;
  242         thence along the east line of the north half of said
  243         Section 2, southerly to the southeast corner of the
  244         north half of said Section 2; thence along the south
  245         line of the north half of said Section 2; westerly to
  246         the northeast corner of the southeast quarter of
  247         Section 3, Township 50 South, Range 25 East; thence
  248         southerly along the east line of the southeast corner
  249         of said Section 3 for a distance of 2013.98 feet;
  250         thence North 89°37’20” East 662.04 feet; thence South
  251         00°17’20” East 119.26 feet; thence South 89°27’40”
  252         West 322.00 feet; thence South 00 degrees, 17’20” East
  253         10.00 feet; thence South 89°27’40” West 68.00 feet;
  254         thence South 00°17’20” East 361.00 feet; thence North
  255         89°27’40” East 68.00 feet; thence South 00°17’20” East
  256         140.00 feet; thence South 89°27’40” West 221.81 feet;
  257         thence North 01°05’56” West 6.99 feet; thence westerly
  258         along the arc of a non-tangential circular curve
  259         concave to the north having a radius of 370.00 feet
  260         through a central angle of 18°34’13”and being
  261         subtended by a chord which bears North 81°50’17” West
  262         119.40 feet for a distance of 119.92 feet to a point
  263         on the east line of said Section 3; thence southerly
  264         along the east line of Section 3, and along the east
  265         lines of Sections 10, 15, 22, and 27, all in Township
  266         50 South, Range 25 East, to the southeast corner of
  267         said Section 27, Township 50 South, Range 25 East;
  268         thence westerly along the south line of said Section
  269         27, Township 50 South, Range 25 East, and along the
  270         western prolongation of said south line to a point
  271         1,000 feet west of the mean low water line of the Gulf
  272         of Mexico; thence southeasterly along said shoreline
  273         to the south line of Section 3, Township 51 South,
  274         Range 25 East, thence easterly along the south line of
  275         said Section 3, Section 2, Section 1, Township 51
  276         South; thence along the south corner of said Section
  277         5; thence north along the east line of Section 5,
  278         Township 51 South, Range 26 East; thence continue on
  279         the north line of Section 25, 26 and part of Section
  280         27, Township 49 South, Range 25 East to the point of
  281         beginning and also,
  282  
  283         C. All those lands in Collier County described as:
  284         Sections 21, 22, 23, 26, 27, 28, 33, 34 and 35,
  285         Township 50 South, Range 26 East; Section 2, 3, 4, 9,
  286         10, 11, 12, 13, 14, 15, 16, 17, 18, 23, 24, 25, 26, 35
  287         and 36, Township 51 South, Range 26 East; Sections 1,
  288         2, 3 and those portions of Sections 10, 11, 12, and
  289         13, Township 52 South, Range 26 East, that lie North
  290         of the Marco River; those portions of Sections 5, 6, 7
  291         and 18, Township 52 South, Range 27 East, that lie
  292         West and North of State Road 92; and Sections 7, 8,
  293         16, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30 and 31,
  294         Township 51 South, Range 27 East, and those portions
  295         of Sections 32 and 33, Township 51 South, Range 27
  296         East, that lie west and North of State Road 92,
  297  
  298         D. Less and except the North 1/2 of Section 2 of
  299         Township 50 South, Range 25 East and the South 1/2 of
  300         Section 35 of Township 49 South, Range 25 East.
  301  
  302         E. Less and except approximately 21.99 acres, more or
  303         less: A portion of Lots 7 through 9 of Naples
  304         Improvement Company’s Little Farms as recorded in Plat
  305         Book 2 at page 2 of the Public Records of Collier
  306         County, Florida, being more particularly described as
  307         follows:
  308  
  309         Commence at the intersection of the East right-of-way
  310         of Goodlette-Frank Road (C.R. 851) and the South
  311         right-of-way of Golden Gate Parkway; thence run along
  312         said South right-of-way for the following four (4)
  313         courses:
  314  
  315         (1) Thence run North 44°42’45” East, for a distance of
  316         35.36 feet;
  317  
  318         (2) Thence run North 89°42’45” East, for a distance of
  319         122.57 feet;
  320  
  321         (3) Thence run North 80°12’12” East, for a distance of
  322         159.63 feet;
  323  
  324         (4) To a point on a circular curve concave northwest,
  325         whose radius point bears North 11°26’26” West, a
  326         distance of 813.94 feet therefrom; thence run
  327         Northeasterly along the arc of said curve to the left,
  328         having a radius of 813.94 feet, through a central
  329         angle of 22°36”33”, subtended by a chord of 319.10
  330         feet at a bearing of North 67°15’18” East, for an arc
  331         length of 321.18 feet to the intersection of the South
  332         right-of-way of said Golden Gate Parkway and the West
  333         line of the East 338.24 feet of the West 958.34 feet
  334         of Lot 7 of Naples Improvements Company’s Little Farms
  335         Subdivision as recorded in Plat Book 2 at page 2 of
  336         the Public Records of Collier County, Florida, also
  337         being the point of beginning of the parcel of land
  338         herein described; thence run South 00°16’32” East,
  339         along the West line of the East 338.24 feet of the
  340         West 958.34 feet of said Lot 7, for a distance of
  341         302.90 feet to a point on the South line of said Lot
  342         7; thence run along said South line for the following
  343         two (2) courses:
  344  
  345         (1) Thence run North 89°41’51” East, for a distance of
  346         338.41 feet;
  347  
  348         (2) Thence run North 89°50’24” East, for approximately
  349         850 feet to a point on the mean high water line of the
  350         west bank of Gordon River, said point herein called
  351         Point “A”. thence return to the aforementioned point
  352         of beginning, thence run along the south right-of-way
  353         of said Golden Gate Parkway for the following four (4)
  354         courses:
  355  
  356         (1) Beginning at a point on a circular curve concave
  357         northwest, whose radius point bears North 34002’58”
  358         West a distance of 813.94 feet therefrom; thence run
  359         Northeasterly along the arc of said curve to the left,
  360         having a radius of 813.94 feet, through a central
  361         angle of 05009’09”, subtended by a chord of 73.17 feet
  362         at a bearing of North 53°22’27” East, for an arc
  363         length of 73.20 feet to the end of said curve;
  364  
  365         (2) Thence run North 50°47’53” East, for a distance of
  366         459.55 feet;
  367  
  368         (3) To the beginning of a tangential circular curve
  369         concave south; thence run Easterly along the arc of
  370         said curve to the right, having a radius of 713.94
  371         feet; through a central angle of 38°52’20”; subtended
  372         by a chord of 475.13 feet at a bearing of North
  373         70014’03” East, for an arc length of 484.37 feet to
  374         the end of said curve;
  375  
  376         (4) Thence run North 89°40’13” East, for approximately
  377         724 feet to a point on the mean high water line of the
  378         west bank of Gordon River; thence meander
  379         Southwesterly along the mean high water line for
  380         approximately 900 feet to the aforementioned Point “A”
  381         and the point of ending.
  382  
  383         F. Less and except approximately 112.82 acres, more or
  384         less: All of East Naples Industrial Park, according to
  385         the plat thereof recorded in Plat Book 10, Pages 114
  386         and 115, of the Public Records of Collier County,
  387         Florida; all of East Naples Industrial Park Replat No.
  388         1, according to the Plat thereof recorded in Plat Book
  389         17, Pages 38 and 39, of the Public Records of Collier
  390         County, Florida; and the Northerly 200 feet of the
  391         Southerly 510 feet of the Easterly 250 feet of the
  392         Northeast 1/4 of Section 35, Township 49 South, Range
  393         25 East, Collier County, Florida, less and excepting
  394         the Easterly 50 feet thereof.
  395  
  396         G. Less and except approximately 6.17 acres, more or
  397         less: All that part of Lots 12, 13, and 14, Naples
  398         Improvement Company’s Little Farms, as recorded in
  399         Plat Book 2, Page 2 of the Public Records of Collier
  400         County, Florida, being more particularly described as
  401         follows:
  402  
  403         Commencing at the Southwest corner of Lot 12, thence
  404         along the South line of said Lot 12, North 89°26’51”
  405         East 20.00 feet to the East right-of-way line of
  406         Goodlette-Frank Road; thence along the East right-of
  407         way line North 00039’49” East 10.00 feet to the Point
  408         of Beginning of the herein described parcel; thence
  409         continue along said East right-of-way North 00039’49”
  410         West 580.00 feet; thence leaving said East right-of
  411         way North 89°20’11” East 260.12 feet; thence North
  412         59°31’13” East, 153.66 feet; thence South 30028’42”
  413         East, 119.01 feet; thence South 00033’09” East, 554.02
  414         feet to a line lying 10 feet North of and parallel
  415         with said South line of Lot 12; thence along the said
  416         parallel line South 89°26’51” West, 451.54 feet to the
  417         point of beginning of the herein described parcel.
  418  
  419         Bearings are based on the said East line Goodlette
  420         Frank Road being North 00°33’49” East.
  421  
  422         H. Less and except approximately 12.77 acres, more or
  423         less: The West one-half (W 1/2) of the Northwest one
  424         quarter (NW 1/4) of the Northwest one-quarter (NW 1/4)
  425         of Section 11, Township 50 South, Range 25 East, lying
  426         South of State Road 90 (Tamiami Trail, U.S. 41), in
  427         Collier County, Florida, except the South 264 feet,
  428         and All that part of the South 264 feet of the
  429         Southwest one-quarter (SW 1/4) of the Northwest one
  430         quarter (NW 1/4) of the Northwest one-quarter (NW 1/4)
  431         of Section 11, Township 50 South, Range 25 East, in
  432         Collier County, Florida, lying north of the north line
  433         of Walker’s Subdivision as delineated on a Plat of
  434         record in Plat Book 1, at page 36, of the Public
  435         Records of Collier County, Florida.
  436  
  437         TOGETHER WITH:
  438  
  439         Lots 1 to 8, inclusive, COL-LEE-CO TERRACE, according
  440         to plat in Plat Book 1, Page 32, Public Records of
  441         Collier County, Florida.
  442  
  443         LESS AND EXCEPT
  444  
  445         Those parcels described in Official Records Book 1969,
  446         Page 977, and Official Records Book 2119, Page 1344
  447         both of the Public Records of Collier County, Florida.
  448  
  449         I. Less and except approximately 6.16 acres, more or
  450         less: Being a part of Estuary at Grey Oaks Roadway,
  451         Clubhouse and Maintenance Facility Tract, Plat Book
  452         36, pages 9-16, Estuary at Grey Oaks Tract B, Plat
  453         Book 37, pages 13-18 and part of Section 26, Township
  454         49 South, Range 25 East, Collier County, Florida.
  455  
  456         All that part of Estuary at Grey Oaks Roadway,
  457         Clubhouse and Maintenance Facility Tracts according to
  458         the plat thereof as recorded in Plat Book 36, pages 9
  459         16, Estuary at Grey Oaks Tract B according to the plat
  460         thereof as recorded in Plat Book 37, pages 13-18,
  461         Public Records of Collier County, Florida, and part of
  462         Section 26, Township 49 South, Range 25 East, Collier
  463         County, Florida being more particularly described as
  464         follows:
  465  
  466         Commencing at the northwest corner of Tract M of said
  467         Estuary at Grey Oaks Roadway, Clubhouse and
  468         Maintenance Facility Tracts;
  469  
  470         Thence along the west line of said Tract M South
  471         00°East 613.48 feet to the Point of Beginning of the
  472         parcel herein described;
  473  
  474         Thence continue South 00°20’09” East 406.67 feet;
  475         Thence North 89024’29” West 660.00 feet;
  476  
  477         Thence North 00°20’09” West 406.66 feet to a point on
  478         the boundary of Golf Course Tract 1 of said Estuary at
  479         Grey Oaks Tract B;
  480  
  481         Thence along said boundary South 89024’33” East 660.00
  482         feet to the Point of Beginning of the parcel herein
  483         described;
  484  
  485         Bearings are based on the west line of said Tract M
  486         being South 00020’09” East.
  487  
  488         Hereinafter referred to as the “East Naples Division.”
  489  
  490         Section 2.03 Chapter 171, Florida Statutes, shall apply to all annexations by a municipality within the district’s boundaries.ARTICLE IIIPOWERS OF THE DISTRICTSection 3.01 The district shall have the authority and responsibility for and on behalf of the people residing, visiting, or passing through the district to establish, equip, operate, and maintain a fire department and rescue service, including, but not limited to, providing fire hydrants or other types of water supply, buildings for housing fire equipment and personnel, training facilities for fire and rescue, and other buildings deemed necessary by the district board to provide adequate protection from unwanted fire and to carry out rescue operations. In addition, the district shall have the authority to extend its services beyond the district boundaries, provided it is in cooperation with another governmental entity, whether federal, state, county, or municipal.Section 3.02 The district shall have the authority to provide a paid staff to carry out its responsibilities. This staff shall serve at the pleasure of the district board.Section 3.03 The district shall have all powers and duties granted by this charter and chapters 189 and 191, Florida Statutes.ARTICLE IVGOVERNING BOARDSection 4.01 The business and affairs of the district shall be conducted and administered by a board of fire commissioners elected pursuant to chapter 191, Florida Statutes, by the electors of the district in a nonpartisan election held at the time and in the manner prescribed for holding general elections in s. 189.405(2)(a), Florida Statutes. Except as expressly provided in this charter, each member of the board shall be elected for a term of 4 years and shall serve until his or her successor assumes office.Section 4.02 The office of each board member is designated as a seat on the board, distinguished from each of the other seats by a numeral. Each candidate must designate, at the time he or she qualifies, the seat on the board for which he or she is qualifying. The name of each candidate who qualifies shall be included on the ballot in a way that clearly indicates the seat for which he or she is a candidate. The candidate for each seat who receives the most votes shall be elected to the board. The cost of such elections shall be paid from funds of the district. The board of commissioners shall initially be composed of eight members. The commissioners holding seats 2, 5, 6, and 7 shall have initial terms that expire in November 2016. Commissioners for seats 6 and 7 shall subsequently be elected to 2-year terms that expire in November 2018. The commissioners holding seats 1, 3, 4, and 8 shall have initial terms that expire in November 2018. Seats 6, 7, and 8 shall be eliminated in November 2018. The foregoing provisions establish, after the November 2018 election, a board having five commissioners with 4-year staggered terms. Seats 1 and 2 shall be elected as at-large seats for the East Naples Division. Seats 4 and 5 shall be elected as at-large seats for the Golden Gate Division. Seat 3 shall be elected as an at-large seat for the district as a whole.Section 4.03 In accordance with chapter 191, Florida Statutes, each member of the board must be a qualified elector at the time he or she qualifies and continually throughout his or her term.Section 4.04 Each elected member shall assume office 10 days after the member’s election. Within 60 days after the newly elected members have taken office, the board shall meet and elect from its membership a chair, vice chair, secretary, and treasurer or secretary-treasurer.Section 4.05 In accordance with s. 191.005, Florida Statutes, members of the board may each be paid, from the funds of the district, a salary or honorarium for his or her services in an amount not to exceed $500 per month for each member. In addition, members may be reimbursed for travel and per diem expenses as provided in s. 112.061, Florida Statutes.Section 4.06 If a vacancy occurs on the board due to the resignation, death, or removal of a board member or the failure of anyone to qualify for a board seat, the remaining members may appoint a qualified person to fill the seat until the next general election, at which time an election shall be held to fill the vacancy for the remaining term, if any. The board shall remove any member who has three consecutive, unexcused absences from regularly scheduled meetings. The board shall adopt policies by resolution defining excused and unexcused absences.Section 4.07 The procedures for conducting district elections or referenda and for qualification of electors shall be pursuant to chapters 189 and 191, Florida Statutes.Section 4.08 The board shall have those administrative duties set forth in this charter and chapters 189 and 191, Florida Statutes.Section 4.09 The board is authorized to adopt rules and regulations for the prevention of fire and for fire control in the district, which rules and regulations shall have the same force and effect as law 10 days after copies thereof executed by the chair and secretary of the board have been posted in at least three public places.Section 4.10 A quorum of the board shall be a majority of its members. In order to take official action, an affirmative vote of a majority of those voting members present shall be required.Section 4.11 It shall be considered a conflict of interest and unlawful for board members to enter into any type of agreement with the district which will bring about personal, monetary, or other gain, or to individually interfere with the day-to-day operations of the district staff.ARTICLE VFINANCESSection 5.01 The powers, functions, and duties of the district regarding ad valorem taxation, bond issuance, other revenue-raising capabilities, budget preparation and approval, liens and foreclosure of liens, use of tax deeds and tax certificates as appropriate for non-ad valorem assessments, and contractual agreements, and the methods for financing the district and for collecting non-ad valorem assessments, fees, or service charges, shall be as set forth in this charter, in chapters 170, 189, 191, and 197, Florida Statutes, and in any applicable general or special law.Section 5.02 The district shall levy and collect ad valorem taxes in accordance with s. 191.009, Florida Statutes, and chapter 200, Florida Statutes. The taxes levied and assessed by the district shall be a lien upon the land so assessed along with the county taxes assessed against such land until such assessments and taxes have been paid, and if the taxes levied by the district become delinquent, such taxes shall be considered a part of the county tax subject to the same penalties, charges, fees, and remedies for enforcement and collection and shall be enforced and collected as provided by general law for the collection of such taxes. The district shall have the authority to levy a millage rate up to 1.5. This charter does not prevent the district from levying a millage rate as provided for in s. 191.009, Florida Statutes, which has been approved by referendum.Section 5.03 The board shall annually prepare, consider, and adopt a district budget pursuant to the applicable requirements of chapters 189 and 191, Florida Statutes. The fiscal year shall be from October 1 through September 30. The budget shall state the purpose for which the money is required and the amount necessary to be raised by taxation within the district. Such budget and proposed millage rate shall be noticed, heard, and adopted in accordance with chapters 189, 192, and 200, Florida Statutes.Section 5.04 All warrants for the payment of labor, equipment, materials, and other allowable expenses incurred by the district board in carrying out the provisions of this charter shall be payable on accounts and vouchers approved by the district board.Section 5.05 The methods for assessing and collecting non-ad valorem assessments, fees, or service charges shall be as set forth in this charter, chapter 170, Florida Statutes, chapter 189, Florida Statutes, chapter 191, Florida Statutes, or chapter 197, Florida Statutes.Section 5.06 Impact fees.—(1) The district shall have the authority to charge and collect impact fees for capital improvements on new construction within the district as prescribed in chapter 191, Florida Statutes, or any other applicable general law.(2) The district shall comply with the requirements in ss. 163.31801 and 191.009(4), Florida Statutes, in its collection and use of impact fees. New facilities and equipment shall be as provided for in s. 191.009(4), Florida Statutes.(3) The district is authorized to enter into agreements regarding the collection of impact fees.ARTICLE VIMISCELLANEOUSSection 6.01 Requirements for financial disclosure, meeting notices, reporting, public records maintenance, and per diem expenses for officers and employees shall be as set forth in this charter and chapters 112, 119, 189, 191, and 286, Florida Statutes.Section 5. Immunity from tort liability.—(1) The district and its officers, agents, and employees shall have the same immunity from tort liability as other agencies and subdivisions of the state. The provisions of chapter 768, Florida Statutes, shall apply to all claims asserted against the district.(2) The district commissioners and all officers, agents, and employees of the district shall have the same immunity and exemption from personal liability as is provided by chapter 768, Florida Statutes.(3) In accordance with chapter 768, Florida Statutes, the district shall defend all claims against the district commissioners and officers, agents, and employees of the district which arise within the scope of employment or purposes of the district and shall pay all judgments against such persons, except where such persons acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.Section 6. Miscellaneous.—(1) The district shall exist until the Legislature approves a special act providing for its dissolution, and such special act is contingent upon approval by the electors of the district.(2) The district’s property and assets are exempt from taxation pursuant to s. 191.007, Florida Statutes.(3) All contracts and obligations existing on the date of enactment of this act shall remain in full force and effect, and this act shall in no way affect the validity of such contracts or obligations.Section 7. Liberal construction.—The provisions of this act shall be liberally construed in order to effectively carry out the purposes of this act in the interest of the public health, welfare, and safety of the citizens served by the district.Section 8. Severability.—It is declared to be the intent of the Legislature that if any section, subsection, sentence, clause, phrase, or portion of this act is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof.Section 9. Conflict.—In the event of a conflict of any provision of this act with the provisions of any other act, the provisions of this act shall control to the extent of such conflict.Section 10. Determination of millage.—The district shall maintain the authority to levy a millage rate up to 1.5 mills that was previously approved by referendum in each independent special district as required by the State Constitution and chapter 191, Florida Statutes. The maximum millage rate approved within each independent special district may not increase absent a subsequent referendum. The district is authorized to continue or conclude procedures under chapter 200, Florida Statutes, on behalf of the component independent special districts.Section 11. Referendum.—At the special referendum election called pursuant to this act, the ballot question shall be substantially as follows:Shall the East Naples Fire Control and Rescue District and the Golden Gate Fire Control and Rescue District be merged to create a new district known as the Greater Naples Fire Rescue District, for the purpose of providing fire protection and prevention services to the district, with such district retaining the authority to levy no more than the current rate of 1.5 mills of ad valorem taxation on property located within the district?Section 12. Chapters 2000-392, 2012-231, 2004-433, and 2000-444, Laws of Florida, are repealed.Section 13. All assets and liabilities of the East Naples Fire Control and Rescue District and the Golden Gate Fire Control and Rescue District are transferred to the Greater Naples Fire Rescue District.Section 14. This act shall take effect only upon its approval by a majority vote of those qualified electors in the area described in section 2.01 of section 4 voting in a referendum to be held in conjunction with the next general, special, or other election to be held in Collier County, except that this section and section 11 shall take effect upon this act becoming a law.