House Bill 1505
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    Florida House of Representatives - 2000                HB 1505
        By Representative C. Green
  1                      A bill to be entitled
  2         An act relating to Lee County; providing for
  3         codification of special laws regarding
  4         independent special fire control districts
  5         pursuant to s. 191.015, Florida Statutes,
  6         relating to the Captiva Island Fire Control
  7         District, an independent special taxing fire
  8         control district in Lee County; providing
  9         legislative intent; codifying, reenacting, and
10         amending chapter 30929, Laws of Florida, 1955,
11         and chapters 75-417 and 87-447, Laws of
12         Florida; providing status, purpose, and
13         boundaries of the district; providing for
14         amendment of the district charter; providing
15         for a district governing body; providing for
16         election and terms of members of the governing
17         body; providing for organization of the
18         governing body; providing powers and duties of
19         the governing body; providing for the adoption
20         of a district budget; requiring the governing
21         body to set and fix a millage rate for the levy
22         of ad valorem taxes; requiring the adoption of
23         a 5-year plan by the district; specifying
24         duties of the tax collector with respect to the
25         collection of taxes under the act; providing
26         for construction of the act; providing
27         severability; repealing chapter 30929, Laws of
28         Florida, 1955, and chapters 75-417 and 87-447,
29         Laws of Florida; providing an effective date.
30
31  Be It Enacted by the Legislature of the State of Florida:
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    Florida House of Representatives - 2000                HB 1505
    705-136-00
  1         Section 1.  Pursuant to section 191.015, Florida
  2  Statutes, this act constitutes the codification of all special
  3  acts relating to the Captiva Island Fire Control District. It
  4  is the intent of the Legislature in enacting this law to
  5  provide a single, comprehensive special act charter for the
  6  district, including all current legislative authority granted
  7  to the district by its several legislative enactments and any
  8  additional authority granted by this act. It is further the
  9  intent of this act to preserve all district authority,
10  including the authority to annually assess and levy against
11  the taxable property in the district a tax not to exceed the
12  limit set forth in prior special acts pertaining to the
13  district as further authorized by chapter 97-340, Laws of
14  Florida, chapter 191, Florida Statutes, or any other
15  applicable general or special law, to conform the charter to
16  chapter 191, Florida Statutes, the Independent Special Fire
17  Control District Act, other provisions of general law, and the
18  Lee County Independent District Special Fire Control District
19  Act, chapter 97-340, Laws of Florida.
20         Section 2.  Chapter 30929, Laws of Florida, 1955, and
21  chapters 75-417 and 87-447, Laws of Florida, relating to the
22  Captiva Island Fire Control District, are codified, reenacted,
23  amended, and repealed as provided herein.
24         Section 3.  This act establishes a new charter for the
25  Captiva Island Fire Control District, which was created by
26  chapter 30929, Laws of Florida, 1955, as Captiva Island Fire
27  Control District.
28         Section 4.  This act supersedes and repeals all
29  previous special acts relating to the Captiva Island Fire
30  Control District and sets forth within this charter those
31  matters, as applicable, which are covered by such previous
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    Florida House of Representatives - 2000                HB 1505
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  1  special acts. Amendments to this district charter may be made
  2  only by special act of the Legislature. This act shall be
  3  construed so as to preserve to the district all powers
  4  previously granted.
  5         Section 5.  The district is an independent special fire
  6  control district organized and existing for all purposes set
  7  forth in this act and chapter 191, Florida Statutes, as they
  8  may be amended from time to time.
  9         Section 6.  The Captiva Island Fire Control District is
10  re-created and the charter for said district is re-created and
11  reenacted to read:
12         Section 1.  Name of District.--The name of the district
13  shall be the Captiva Island Fire Control District.
14         Section 2.  Boundaries of the District.--The following
15  lands shall be included in the district:
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17           All of Captiva Island, Lee County, Florida.
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19  The boundaries of the district may be modified, extended, or
20  enlarged upon approval or ratification by the Legislature.
21         Section 3.  Governing Body.--
22         (a)  The district shall be governed by a board of
23  commissioners which shall consist of three resident electors
24  of the district, pursuant to chapter 97-340, Laws of Florida,
25  elected by a vote of the electors of the district pursuant to
26  section 191.005, Florida Statutes.
27         (b)  Members shall be elected for 4-year terms, elected
28  on 2-year staggered terms. Seats shall be numbered 1, 2, and
29  3, respectively, with seats 1 and 3 designated for election at
30  the same time and seat 2 elected in the alternating election.
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  1         (c)  Annually, within 60 days after the newly elected
  2  members have taken office, the board shall organize by
  3  electing from its number a chair, a vice chair, a secretary,
  4  and a treasurer. The positions of secretary and treasurer may
  5  be held by one member. Funds of the district may be disbursed
  6  only upon the order or pursuant to resolution of the board, by
  7  warrant or check signed by the treasurer or other person
  8  authorized by the board. However, a "petty cash" account may
  9  be authorized by the board. The board may give the treasurer
10  additional powers and duties that it deems appropriate.
11         (d)  At the time of adoption of this charter, members
12  of the board shall continue to serve without compensation. Any
13  provision for payment of a salary or honorarium shall be
14  determined in accordance with and subject to limitations set
15  forth in section 191.005(4), Florida Statutes.
16         (e)  If a vacancy occurs on the board for any reason,
17  the remaining members may appoint a qualified person to fill
18  the seat until the next general election, at which time an
19  election shall be held to fill the vacancy for the remaining
20  term, if any. The board shall remove any member who has three
21  consecutive, unexcused absences from regularly scheduled
22  meetings. The board shall adopt rules defining excused and
23  unexcused absences.
24         (f)  Each member shall, upon assuming office, take and
25  subscribe to the oath of office prescribed by s. 5(b), Art. II
26  of the State Constitution and section 876.05, Florida
27  Statutes.
28         (g)  Each member, within 30 days of assuming office,
29  must give the Governor a good and sufficient surety bond in
30  the sum of $5,000, the cost thereof being borne by the
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    Florida House of Representatives - 2000                HB 1505
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  1  district, conditioned on his or her faithful performance of
  2  the duties of office.
  3         (h)  The board shall keep a permanent record book
  4  entitled "Record of Proceedings of Captiva Island Fire Control
  5  District" in which the minutes of all meetings, resolutions,
  6  proceedings, certificates, bonds given by commissioners, and
  7  corporate acts shall be recorded. The record book shall be
  8  open to inspection in the same manner as state, county, and
  9  municipal records are open under chapter 119, Florida
10  Statutes. The record book shall be kept at the office or other
11  regular place of business maintained by the board in Lee
12  County.
13         (i)  All meetings of the board shall be open to the
14  public consistent with chapter 286, Florida Statutes, section
15  189.417, Florida Statutes, and other applicable general law.
16         Section 4.  The district shall have, and the board may
17  exercise by majority vote, all powers that an independent
18  special fire control district is authorized by law to have,
19  specifically including, without limitation, all powers set
20  forth in chapter 97-340, Laws of Florida, and in sections
21  191.006, 191.008, 191.009, 191.011, 191.012, and 191.013,
22  Florida Statutes. Without limiting any general or special
23  powers otherwise granted by law, the district shall also have
24  the power to establish and maintain fire suppression and
25  control services; to provide emergency medical services and
26  rescue response services; to acquire and maintain fire
27  stations and equipment pursuant to law; and to acquire and
28  maintain rescue, medical, and other emergency equipment
29  pursuant to the provisions of chapter 401, Florida Statutes,
30  and any certificate of public convenience and necessity or its
31  equivalent issued thereunder.
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    Florida House of Representatives - 2000                HB 1505
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  1         Section 5.  Budget.--For the purposes of carrying into
  2  effect this act, the board shall annually prepare, consider
  3  and adopt a district budget pursuant to the applicable
  4  requirements of chapter 200, Florida Statutes, as it may be
  5  amended from time to time.
  6         Section 6.  Taxing Authority.--The district board shall
  7  fix and cause to be levied on all taxable property of the
  8  district, a millage sufficient to meet the requirements of the
  9  budget. The millage shall not exceed 10 mills per year.
10         Section 7.  Plan.--The district shall adopt a 5-year
11  plan to identify the facilities, equipment, personnel, and
12  revenue needed by the district over the next 5-year period.
13  The plan shall be updated in accordance with section 189.415,
14  Florida Statutes, and satisfies the requirement for a public
15  facilities report required by section 189.415(2), Florida
16  Statutes.
17         Section 8.  Tax Collector's Responsibility.--When such
18  taxes as provided for herein shall have been collected by the
19  Lee County tax collector, he or she shall, on or before the
20  tenth day of each month, report to the secretary of the board
21  the collections made for the preceding month and remit the
22  same to the treasurer. Thereupon the tax collector shall be
23  relieved from all other and further liability as to the amount
24  so paid the treasurer of the board.
25         Section 7.  This act shall be construed as remedial and
26  shall be liberally construed to promote the purpose for which
27  it is intended.
28         Section 8.  It is declared to be the intent of the
29  Legislature that if any section, subsection, sentence, clause,
30  phrase, or portion of this act is held invalid or
31  unconstitutional for any reason, by any court of competent
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    Florida House of Representatives - 2000                HB 1505
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  1  jurisdiction, such holding shall not affect the validity of
  2  the remaining portions hereof.
  3         Section 9.  Chapter 30929, Laws of Florida, 1955, and
  4  chapters 75-417 and 87-447, Laws of Florida, are repealed.
  5         Section 10.  This act shall take effect upon becoming a
  6  law.
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