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.