HB 1685, Engrossed 1 2003
1	A bill to be entitled
2	An act relating to Liberty Fire District, Walton County;
3	creating a special district; providing definitions;
4	providing for creation, status, charter amendments,
5	boundaries, and purposes; providing for a board of
6	commissioners; providing for election and terms of
7	commissioners; providing for employment of board
8	personnel; providing for election of board officers;
9	providing for compensation and bonds of commissioners;
10	providing for powers, duties, and responsibilities of the
11	board; preserving the authority to levy non-ad valorem
12	special assessments; providing for impact fees;
13	authorizing the board to levy special assessments;
14	providing legislative intent; providing for duties of the
15	property appraiser; providing for special assessment as a
16	lien; providing for deposit of such special assessments;
17	providing for authority to disburse funds; authorizing the
18	board to borrow money; providing for use of district
19	funds; requiring a record of all board meetings;
20	authorizing the board to adopt policies and regulations;
21	providing for the board to make an annual budget;
22	requiring an annual report; authorizing the board to enact
23	fire prevention ordinances, appoint a district fire chief,
24	acquire land, enter contracts, establish salaries, and
25	establish and operate a fire rescue service; providing for
26	district authority upon annexation of district lands;
27	providing for dissolution; providing immunity from tort
28	liability for officers, agents, and employees; providing
29	for district expansion; providing for construction and
30	effect; providing an effective date.
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1. The Liberty Fire District is hereby created and
35	the charter for the district is created to read:
36	Section 1. Definitions.--As used in this act, unless
37	otherwise specified:
38	(1) "District" means the Liberty Fire District.
39	(2) "Board" means the board of commissioners created
40	pursuant to this act and chapter 191, Florida Statutes.
41	(3) "Board of directors" means the existing policymaking
42	and governing body of the Liberty Fire District of Walton
43	County.
44	(4) "Commissioner" means a member of the board of
45	commissioners of and for the district.
46	(5) "Director" means a member of the board of directors.
47	(6) "Residence" means one single-family dwelling,
48	including one single-apartment dwelling unit, one single-
49	condominium dwelling unit, one single duplex, triplex, or other
50	attached dwelling unit, one single-family detached dwelling
51	unit, or one single mobile or modular home dwelling unit.
52	(7) "Business" means motels, apartments, or rental
53	dwellings, along with other standard commercial or industrial
54	businesses such as gasoline stations, stores, marinas, and
55	similar establishments, as authorized pursuant to the applicable
56	local government comprehensive plan, whether or not such
57	businesses are required to pay or collect sales taxes.
58	Section 2. Creation; status; charter amendments;
59	boundaries; district purposes.--There is hereby created an
60	independent special fire control district and rescue service
61	district incorporating lands in Walton County described in
62	subsection (1), which shall be a public corporation having the
63	powers, duties, obligations, and immunities herein set forth,
64	under the name of the Liberty Fire District. The district is
65	organized and exists for all purposes and shall hold all powers
66	set forth in this act and chapters 189 and 191, Florida
67	Statutes.
68	(1) The lands to be included within the district are
69	the following described lands in Walton County: All
70	Sections 2, 3, 4, 5, 8, 9, 10, 11, 13, 14, 15, 16, 17,
71	21, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35, 36,
72	Township 4 North, Range 20 West; Walton County,
73	Florida. Also all of Section 33, Township 4 North,
74	Range 19 West, Walton County, Florida; less and except
75	the North 3/4 of section. Also all Sections 17, 18,
76	19, 20, 29, 30, 31, 32, Township 4 North, Range 19
77	West; Walton County, Florida. Also Sections 4, 5, 6,
78	7, 8, 9, 16, 17, 18, 19, 20, 30, Township 3 North,
79	Range 19 West; Walton County, Florida. Also Sections
80	1, 2, 11, 12, 13, 14, 23, 24, 25, 26, Township 3
81	North, Range 20 West; Walton County, Florida. Also
82	Section 29, Township 3 North, Range 19 West, less and
83	except; S 1/2 of NE 1/4 of NE 1/4 and SE 1/4 of NE
84	1/4 and S 1/2 of NW 1/4 of the NE 1/4 and also less
85	the N 1/2 of the E 1/2 of the NE 1/4 of the NE 1/4.
86	All of Section 28, Township 3 North, Range 19 West;
87	Walton County, Florida less and except the SW 1/4 of
88	section and also less and except the E 1/4 of section
89	also less and except beginning at the Southwest corner
90	of the NE 1/4 of the NE 1/4 thence run West to the
91	Southwest corner of the NW 1/4 of the NE ¼ thence run
92	West to the Southwest corner of the NW 1/4 of the NE
93	1/4 run thence North to the South boundary line of the
94	R/W line of L & N Railroad; thence Westward along the
95	South boundary line of said L & N Railroad to its
96	intersection with the West line of Section 28; thence
97	South along the section line to the Southwest corner
98	of the NW 1/4 of said Section 28; thence East to the
99	Southeast corner of the NW 1/4 of said Section 28
100	thence South to the Southwest corner of the SE 1/4 of
101	said section; thence East to the Southeast corner of
102	the SE 1/4 of the SE 1/4 of said Section; thence North
103	along the line to the point of beginning; also less
104	and except the E 1/2 of the NW 1/4 of the NE 1/4; also
105	less and except the commencing at the SW corner of Lot
106	No. 1, Kam-Akers S/D, thence run Westerly along the
107	North R/W line of U.S. Highway 90 a distance of 40
108	feet to the point of beginning; thence continue
109	Westerly along said highway a distance of 156.10 feet;
110	thence North perpendicular to said highway a distance
111	of 144 feet; thence East Parallel with said highway a
112	distance of 97.71 feet; thence South perpendicular
113	with said highway a distance of 44 feet; thence East
114	parallel with said highway 60 feet to the Western
115	boundary of Twin Lake Drive; thence South 100 feet to
116	the point of beginning; also less and except begin at
117	the intersection of the Easterly R/W line of U.S.
118	Highway 331 and the Northerly R/W line of U.S. Highway
119	90 located in the NE 1/4 of the NW 1/4 of Section 28;
120	thence N 02 degrees 09'26'' East along the South line
121	of Wilburn and Linda Cotton property (O.R. Book 329,
122	Page 433) and the South line of William and Ruth
123	Wickert (O.R. Book 331, Page 619) at the Northeast
124	corner of section run South 00 degrees property 550.25
125	feet to the Westerly R/W line of U.S. Highway 90;
126	thence run N 79 degrees 06'31'' West along said
127	Northerly R/W line 199.40 feet to the point of
128	beginning. All of Section 21, Township 3 North, Range
129	19 West; less and except commencing at the SE corner
130	of Block 1 of Plant No. 1 of W.B. Harbeson Lumber
131	Company's S/D run thence N 10 degrees 30'00'' East
132	66.5 feet to the North R/W line of U.S. Highway 90;
133	thence Eastwardly along said Northern highway boundary
134	a distance of 250 feet to the point of beginning;
135	thence continue Eastwardly along said Northern highway
136	boundary a distance of 918 feet; thence N 04 degrees
137	40'00'' east 636.60 feet; thence North 79 degrees
138	30'00'' West 833.80 feet; thence South 10 degrees
139	30'00'' West a distance of 630 feet to the point of
140	beginning; also less and except all of South 3/4 of
141	section lying East of U.S. Highway 331 North; and also
142	less and except; commence at the Northeast corner of
143	Lot 6 Block Z of said Oakwood Lake Estates; thence
144	North 88 degrees 14'10'' West along the North line of
145	said Block Z for 1100 feet to the Northwest corner
146	thereof and its intersection with the East R/W line of
147	Commerce Blvd.; thence departing said North block line
148	run North 01 degrees 45'50'' East along the East R/W
149	line and Northeasterly extension thereof for 787.97
150	feet; thence departing the Northeasterly extension of
151	the East R/W line of Commerce Blvd. run South 88
152	degrees 14'10'' East for 119.62 feet to the West R/W
153	line of U.S. Highway 331 and a point on a curve being
154	concave Northwesterly and having a radius of 5696.58
155	feet; thence run Southwesterly along said curve and
156	West R/W line an arc distance of 414.27 feet through a
157	central angle of 04 degrees 10'00'' (chord = 414.18
158	feet, chord bearing = S 02 degrees 12'04'' West) to
159	the point of tangency of said curve; thence continue
160	along said R/W line S 04 degrees 17'04'' West for
161	374.16 feet to the foresaid Northeast corner of Lot 6
162	Block Z of said recorded S/D and the point of
163	beginning; and also less and except; beginning
164	31'16'' East along the East boundary line of said
165	section 1848.16 feet; thence N 76 degrees 14'35'' West
166	along the Northerly R/W line of Shoemaker Drive 36.74
167	feet; thence North 00 degrees 33'51'' West 529.40
168	feet; thence N 89 degrees 48'59'' West 387.56 feet;
169	thence S 00 degrees 33'51'' East 433.04 feet to the
170	Northerly R/W of Shoemaker Drive and a point that is
171	North 16 degrees 14'35'' West 436.74 feet and South 00
172	degrees 31'16'' East 1848.16 feet from the P.O.B.
173	thence run Northwesterly along said R/W line 1680.00
174	feet; thence North 12 degrees 33'01'' East 259.06 feet
175	to the Northerly R/W line of a 75-foot gas
176	transmission easement; thence run along said easement
177	North 80 degrees 21'05'' West 790.19 feet more or less
178	to the Easterly R/W line of U.S. 331; thence North 05
179	degrees 50'00'' West 34.90 feet of a chord; thence
180	Northwesterly along the arc of said R/W 600.45 feet;
181	thence run East along the North section line to the
182	point of beginning. All of Section 22, Township 3
183	North, Range 19 West, Walton County, Florida less and
184	except; South 3/4 of section and also less and except;
185	the N 1/2 of the NE 1/4 of section also less and
186	except; the point of beginning shall be the
187	intersection of the South line of the NE 1/4 of NW 1/4
188	of Section 22 with the East boundary of Juniper Lake
189	Road (66 feet wide), a County Road described in Deed
190	Book 201, Page 409 Public Records of Walton County,
191	Florida; thence run East along said Southline to the
192	Southeast corner of said NE 1/4 of NW 1/4, thence run
193	North 400 feet along the East line of said NE 1/4 of
194	NW 1/4, thence run Northeasterly to the center point
195	of the top of the vertical outflow drainage structure
196	(riser pipe) in Blueberry Pond; thence run northerly
197	to the center point of the termination of the drainage
198	structure outflow pipe into Magnolia Lake; thence
199	continue on the same bearing an additional 200 feet;
200	thence run Northeasterly to the center point of the
201	top of the vertical outflow drainage structure (riser
202	pipe) of Magnolia Lake; thence run Westerly to the
203	center point of the termination of the drainage
204	structure outflow pipe from Pine Pond into Magnolia
205	Lake, thence run Southwesterly to the center point of
206	the top of the vertical outflow drainage structure in
207	Pine Pond; thence run Southwesterly to a point in Pine
208	Pond described, as follows; a point located on a
209	bearing line running south 44 degrees 29'08'' East
210	from the Southeast corner of NW 1/4 of the NE 1/4 of
211	the SE 1/4 of the SW 1/4, Section 15, Township 3
212	North, Range 19 West, which is equidistant from the
213	points on said bearing line where it intersects the
214	Northwest waterline and the Southeast water line of
215	Pine Pond; thence run Southwest on a meander line
216	through Pine Pond to the center point of Smith Creek
217	where it normally enters Pine Pond; thence run West to
218	the intersection with the East line of the SW 1/4 of
219	the SE 1/4 of the SW 1/4 of Section 15, Township 3
220	North, Range 19 West; thence run South along said East
221	line to the Southeast corner of said SW 1/4 of SE 1/4
222	of SW 1/4; thence run South to the South line of the
223	North 33 feet of the W 1/2 of the NW 1/4 of the NE 1/4
224	of the NE 1/4 of the NW 1/4, Section 22, Township 3
225	North, Range 19 West, thence run East along said South
226	line to the East line of said W 1/2 of NW 1/4 of the
227	NE 1/4 of the NE 1/4 of the NW 1/4; thence run South
228	along said East line to the Southeast corner of said W
229	1/2 of NW 1/4 of the NE 1/4 of the NE 1/4 of the NW
230	1/4; thence run West to the Northeast corner of the SW
231	1/4 of the NW 1/4 of the NE 1/4 of the NE 1/4 of the
232	NW 1/4 of Section 22 Township 3 North, Range 19 West;
233	thence run South to the Southeast corner of NW 1/4 of
234	the SW 1/4 of the SW 1/4 of the NE 1/4 of the NW 1/4
235	of Section 22 Township 3 North. Range 19 West; thence
236	run West along the South line of said NW 1/4 of SW 1/4
237	of NE 1/4 of the NW 1/4 to the point of intersection
238	with the East boundary of Juniper Lake Road; thence
239	run South along the East boundary to the point of
240	beginning. so, the following easements for road and
241	utility purposes; South 33 feet of SW 1/4 of the SE ¼
242	of the SW 1/4 of Section 15, Township 3 North, Range
243	19 West. The South 33 feet of the SW 1/4 of the NW 1/4
244	of the NE 1/4 of the NW 1/4 of Section 22, Township 3
245	North, Range 19 West. The North 33 feet of the NW 1/4
246	of the SW 1/4 of the NE 1/4 of the NW 1/4 of Section
247	22, Township 3 North, Range 19 West. The North 33 feet
248	of the NW 1/4 of the NE 1/4 of the NW 1/4 of Section
249	22, Township 3 North, Range 19 West, Walton County,
250	Florida. All of Section 15, Township 3 North, Range 19
251	West, Walton County, Florida less and except. The
252	point of beginning shall be the intersection of the
253	South line of the NE 1/4 of NW 1/4 of Section 22 with
254	the East boundary of Juniper Lake Road (66 feet wide),
255	a county road described, in Deed Book 201, Page 409
256	Public Records of Walton County, Florida; thence run
257	East along said South line to the Southeast Corner of
258	said NE 1/4 of NW 1/4, thence run north 400 feet along
259	the East line of said NE 1/4 of NW 1/4, thence run
260	Northeasterly to the center point of the top of the
261	vertical outflow drainage structure (riser pipe) in
262	Blueberry Pond; thence run Northerly to the center
263	point of the termination of the drainage structure
264	outflow pipe into Magnolia Lake; thence continue on
265	the same bearing an additional 200 feet; thence run
266	Northeasterly to the center point of the top of the
267	vertical outflow drainage structure (riser pipe) of
268	Magnolia Lake; thence run Westerly to the center point
269	of the termination of the drainage structure outflow
270	pipe from Pine Pond into Magnolia Lake, thence run
271	Southwesterly to the center point of the top of the
272	vertical outflow drainage structure in Pine Pond;
273	thence run Southwesterly to a point in Pind Pond
274	Described, as follows; a point located on a bearing
275	line running South 44 degrees 29'08'' East from the
276	Southeast corner of NW 1/4 of the NE 1/4 of the SE 1/4
277	to SW 1/4, Section 15, Township 3 North, Range 19
278	West, which is equidistant from the points on said
279	bearing line where it intersects the Northwest
280	waterline and the Southeast water line of Pine Pond;
281	thence run Southwest on a meander line through Pine
282	Pond to the center point of Smith Creek where it
283	normally enters Pine Pond; thence run West to the
284	intersection with the East line to the Southeast
285	corner of said SW 1/4 of the SE 1/4 of the SW 1/4 of
286	Section 15, Township 3 North, Range 19 West; thence
287	run South along said East line to the Southeast corner
288	of said SW 1/4 of SE 1/4 of SW 1/4; thence run South
289	to the South line of the North 33 feet of the W 1/2 of
290	the NW 1/4 of the NE 1/4 of the NE 1/4 of the NW 1/4,
291	Section 22, Township 3 North, Range 19 West, thence
292	run East along said South line to the East line of
293	said W 1/2 of NW 1/4 of the NE 1/4 of the NE 1/4 of
294	the NE 1/4 of the NW 1/4; thence run South along said
295	East line to the Southeast corner of said W 1/2 of NW
296	1/4 of the NE 1/4 of the NE 1/4 of the NW 1/4; thence
297	run West to the Northeast corner of the SW 1/4 of the
298	NW 1/4 of the NE 1/4 of the NE 1/4 of the NW 1/4 of
299	Section 22, Township 3 North, Range 19 West; thence
300	run South to the Southeast corner of NW 1/4 of the SW
301	1/4 of the NE 1/4 of the NW 1/4 of Section 22,
302	Township 3 North, Range 19 West; thence run West along
303	the South line of said NW 1/4 of SW 1/4 of NE 1/4 of
304	NW 1/4 to the point of intersection with the east
305	boundary of Juniper Lake Road; thence run South along
306	the East boundary to the point of beginning. Also, the
307	following easements for road and utility purposes;
308	South 33 feet of SW 1/4 of the SE 1/4 of SW 1/4 of
309	Section 15, Township 3 North, Range 19 West. The South
310	33 feet of the SW 1/4 of the NW 1/4 of the NE 1/4 of
311	the NW 1/4 Section 22, Township 3 North, Range 19
312	West. The North 33 feet of the NW 1/4 of the SW 1/4 of
313	the NE 1/4 of the NW 1/4 of Section 22, Township 3
314	North, Range 19 West. The North 33 feet of the NW 1/4
315	of the NE 1/4 of the NW 1/4 of Section 22, Township 3
316	North, Range 19 West Walton County, Florida. Also
317	less all property lying East of a line running North
318	and South from the center of Juniper Lake Dam and not
319	in the Defuniak Springs City Limits. All of Section
320	10, Township 3 North, Range 19 West Walton County,
321	Florida less and except all lying North of Juniper
322	Lake, and Southeast corner of the section East of
323	Juniper Lake Dam.
324	(2) The purpose of this act is to promote the general
325	health, welfare, and safety of the citizens and residents of
326	Walton County who reside within the geographical limits of the
327	Liberty Fire District by providing for the financial support of
328	the Liberty Fire District of Walton County, a Florida not-for-
329	profit corporation, which currently provides the district with
330	fire protection services, facilities, and firefighting
331	equipment; the establishment and maintenance of fire stations
332	and fire substations; the acquisition and maintenance of all
333	firefighting and protection equipment necessary for the
334	prevention of fires or fighting of fires; the employment and
335	training of such personnel as may be necessary to accomplish
336	fire prevention and firefighting; the establishment and
337	maintenance of emergency services; the acquisition and
338	maintenance of rescue and other emergency equipment; and the
339	employment and training of necessary emergency personnel. The
340	district may provide emergency medical services. The district
341	shall have all other powers necessary to carry out these
342	purposes. The district shall be a fire control district and
343	shall have no responsibility for providing ambulance or similar
344	emergency services within the district's boundaries.
345	(3) Nothing herein shall prevent the district from
346	cooperating with the state or other local governments to render
347	such services to communities adjacent to the land described in
348	this section as evidenced by a signed Aid Agreement.
349	(4) The district charter may be amended only by special
350	act of the Legislature.
351	Section 3. Board of commissioners.--
352	(1) Pursuant to chapter 191, Florida Statutes, the
353	business and affairs of the district shall be governed and
354	administered by a board of five commissioners, who shall be
355	qualified electoral residing within the district and shall be
356	elected by the qualified electors residing within the district
357	at a special election, subject to the provisions of chapter 189
358	and 191, Florida Statues, and this act. Each commissioner shall
359	hold office until his or her successor is elected and qualified
360	under the provisions of this act. The procedures for conducting
361	district elections and for qualification of candidates and
362	electors shall be pursuant to chapters 189 and 191, Florida
363	Statutes, as they may be amended from time to time.
364	(2) The five members of the initial board shall be elected
365	by the qualified electors residing within the district. The
366	three elected members for seats 1, 3, and 5 in the initial
367	election under this act shall serve terms of 3 years each. The
368	remaining two selected members for seats 2 and 4 in the initial
369	election under this act shall serve terms of 2 years each.
370	Subsequent elections under this act shall coincide with the
371	general elections of this state. The members of the board shall
372	serve on a nonpartisan basis for a term of 4 years each.
373	(3) Vacancies in office shall be filled by special
374	election, said election to be held coincidental with the next
375	countywide general or special election. The board may appoint a
376	qualified elector of the district to act as commissioner until
377	the vacancy is filled by election. A commissioner must be a
378	qualified elector residing within the district. A commissioner
379	may be removed from office for any reason that a state or county
380	officer may be removed.
381	(4) All elections shall be noticed, called, and held
382	pursuant to the provisions of the general laws of the state,
383	except as herein otherwise provided. The board shall, to the
384	extent possible, coordinate all elections with countywide
385	general or special elections in order to minimize cost.
386	Elections shall be called through the adoption of an appropriate
387	resolution of the district directed to the Board of County
388	Commissioners of Walton County, the Supervisor of Elections of
389	Walton County, and other appropriate officers of the county. The
390	district shall reimburse county government for the actual cost
391	of district elections. No commissioner shall be a paid employee
392	of the district while holding said position. This shall not
393	prevent volunteers receiving reimbursement for expenses from
394	serving as commissioners.
395	(5) The board may employ such personnel as deemed
396	necessary for the proper function and operation of a fire
397	district. The salaries of fire department and emergency service
398	personnel, and any other wages, shall be determined by the
399	board.
400	Section 4. Officers; board compensation; bond.–-
401	(1) In accordance with chapter 191, Florida Statutes, each
402	elected member of the board shall assume office 10 days
403	following the member's election. Annually, within 60 days after
404	election of new members of said board, the members immediately
405	upon their election as herein provided, or within 10 days
406	thereafter and annually in November, shall organize by electing
407	from their number a chair, vice chair, secretary, and treasurer.
408	However, the same member may be both secretary and treasurer, in
409	accordance with chapter 191, Florida Statutes, as amended from
410	time to time.
411	(2) The commissioners may receive reimbursement for actual
412	expenses incurred while performing the duties of their offices
413	in accordance with general law governing per diem for public
414	officials. Commissioners may receive compensation for their
415	services in accordance with chapter 191, Florida Statutes, as
416	amended from time to time.
417	(3) Each commissioner, upon taking office and in
418	accordance with chapters 189 and 191, Florida Statutes, shall
419	execute to the Governor, for the benefit of the district, a bond
420	of $5,000 with a qualified personal or corporate surety,
421	conditioned upon the faithful performance of the duties of the
422	commissioner's office and upon an accounting for all funds which
423	come into his or her hands as commissioner; however, the
424	treasurer shall furnish a bond of $10,000, which may be in lieu
425	of the $5,000 bond. The premium for such bonds shall be paid
426	from district funds.
427	Section 5. Powers; duties; responsibilities.–-
428	(1) The district shall have and the board may exercise by
429	majority vote all the powers and duties set forth in this act
430	and chapters 189, 191, and 197, Florida Statutes, as they may be
431	amended from time to time, including, but not limited to,
432	special assessments, other revenue-raising capabilities, budget
433	preparation and approval, liens and foreclosure of liens, use of
434	tax deeds and tax certificates as appropriate from non-ad
435	valorem assessments, contractual agreements, and adoption of
436	ordinances and resolutions that are necessary to conduct
437	district business if such ordinances do not conflict with any
438	ordinance of a local general purpose government within whose
439	jurisdiction the district is located.
440	(2) The board shall continue to have the right, power, and
441	authority to levy annually special assessment against the
442	taxable real estate within the district to provide funds for the
443	purposes of the district, in an amount not to exceed the limit
444	provided in chapter 191, Florida Statues, as amended from time
445	to time.
446	(3) The methods for assessing and collecting special
447	assessments, fees, or service charges shall be as set
448	forth in this act and chapters 170, 189, 191, and 197, Florida
449	Statues, as amended from time to time.
450	(4) The district shall levy and collect special
451	assessments in accordance with chapter 200, Florida Statutes, as
452	amended from time to time.
453	(5) The district is authorized to levy and enforce special
454	assessments in accordance with chapters 170, 189, 191, and 197,
455	Florida Statutes, as amended from time to time.
456	(6) The district’s planning requirements shall be as set
457	forth in this act and chapters 189 and 191, Florida
458	Statues, as amended from time to time.
459	(7) Requirements for financial disclosure, meeting
460	notices, reporting, public records maintenance, and per diem
461	expenses for officers and employees shall be as set forth in
462	this act and chapters 112, 119, 189, 191, and 286, Florida
463	Statutes, as amended from time to time.
464	Section 6. Impact fees.--
465	(1) Pursuant to section 191.009(4), Florida Statutes, it
466	is hereby declared that the cost of new facilities upon fire
467	protection and emergency services should be borne by new users
468	of the district's services to the extent new construction
469	requires new facilities, but only to that extent. It is the
470	legislative intent of this section to transfer to the new users
471	of the district's fire protection and emergency services a fair
472	share of the costs that new users impose on the district for new
473	facilities. This shall only apply in the event that the general
474	purpose local government in which the district is located has
475	not adopted an impact fee for fire services which is distributed
476	to the district for construction within its jurisdictional
477	boundaries.
478	(2) The impact fees collected by the district pursuant to
479	this section shall be kept as a separate fund from other
480	revenues of the district and shall be used exclusively for the
481	acquisition, purchase, or construction of new facilities or
482	portions thereof required to provide fire protection and
483	emergency services to new construction. "New facilities" means
484	land, buildings, and capital equipment, including, but not
485	limited to, fire and emergency vehicles and radio telemetry
486	equipment. The fees shall not be used for the acquisition,
487	purchase, or construction of facilities which must be obtained
488	in any event, regardless of growth within the district. The
489	board of fire commissioners shall maintain adequate records to
490	ensure that impact fees are expended only for permissible new
491	facilities.
492	Section 7. Special assessments.--
493	(1) The board shall have the right, power, and authority
494	to levy special assessments against the taxable real estate
495	within the district to provide funds for the purpose of the
496	district.
497	(2)(a) The rate of the special assessment for a residence
498	will be $25 annually.
499	(b) The rate of the special assessment for a business will
500	be $82 annually.
501	(c) Any increase to the special assessment must be
502	approved by a majority of the electors within the Liberty Fire
503	District.
504	(3) It is the legislative intent that this act shall
505	authorize the Walton County Property Appraiser and the Walton
506	County Tax Collector to take all appropriate action to comply
507	with the intent of the purpose of this act.
508	(4) It is also the legislative intent that the board of
509	commissioners shall be a vehicle to provide funding to
510	accomplish the purpose set out in this act.
511	Section 8. Property appraiser.--
512	(1) The Walton County Property Appraiser shall furnish the
513	commissioners a tax roll covering all taxable properties within
514	the district on or before July 1 of each year.
515	(2) The Walton County Property Appraiser shall include in
516	the Walton County tax roll the assessments made by the board,
517	and the same shall be collected in the manner as provided for by
518	this act and paid over by the Walton County Tax Collector to the
519	board.
520	(3) The Walton County Property Appraiser shall be
521	reimbursed for assessing such special assessments in the manner
522	and amount authorized by general law, and the Walton County Tax
523	Collector shall receive a commission or fee of 3 percent for
524	collection of such special assessments.
525	Section 9. Special assessment as a lien.--
526	(1) The special assessment levied and assessed by the
527	district shall be a lien upon the property so assessed along
528	with the county taxes assessed against such property until said
529	assessments and taxes have been paid, and if the special
530	assessment levied by the district becomes delinquent, such
531	special assessment shall be considered a part of the county tax
532	subject to the same penalties, charges, fees, and remedies for
533	enforcement and collection of such taxes.
534	Section 10. Deposit of special assessments; fees;
535	authority to disburse funds.--
536	(1) The proceeds of the assessments and funds of the
537	district shall be deposited in qualified public depositories, in
538	accordance with chapters 191 and 280, Florida Statutes, as they
539	may be amended from time to time, in the name of the district in
540	a bank authorized to receive deposits of district funds. The
541	bank shall be designated by a resolution of the board.
542	(2) All warrants for the payment of labor, equipment, and
543	other expenses of the board, and in carrying into effect this
544	act and the purpose thereof, shall be payable by the treasurer
545	of the board on accounts and vouchers approved and authorized by
546	the board. No funds of the district shall be paid out or
547	disbursed except by check signed by the treasurer of the board
548	and either the chair or vice chair of the board.
549	Section 11. Authority to borrow money.–-
550	(1) The board of commissioners shall have the power and
551	authority to borrow money or issue other evidences of
552	indebtedness for the purpose of the district in accordance with
553	chapters 189 and 191, Florida Statutes, as amended from time to
554	time; provided, however, that the total payments in any one
555	year, including principal and interest, on any indebtedness
556	incurred by the district shall not exceed 50 percent of the
557	total estimated
558	annual budgeted revenues of the district.
559	(2) The board of commissioners, board of directors as a
560	body, or any of the members of either board as individuals shall
561	not be personally or individually liable for the repayment of
562	such loan. Such repayment shall be made out of the special
563	assessment receipts of the district, except as provided in this
564	subsection. The commissioners shall not create any indebtedness
565	or incur obligations for any sum or amount which they are unable
566	to repay out of district funds available to them at that time,
567	except as otherwise provided in this act; provided, however,
568	that the commissioners may make purchases of equipment on an
569	installment basis as necessary if funds are available for the
570	payment of the current year's installment on such equipment plus
571	the amount due in that year of any of the installments and the
572	repayment of any bank loan or other existing indebtedness, which
573	may be due that year.
574	Section 12. Use of district funds.-–
575	(1) No funds of the district shall be used for any
576	purposes other than the administration of the affairs and
577	business of the district; the construction, care, maintenance,
578	upkeep operation, and purchase of firefighting and rescue
579	equipment or a fire station; the payment of public utilities;
580	and the payment of salaries of district personnel as the board
581	may from time to time determine to be necessary for the
582	operations and effectiveness
583	of the district.
584	Section 13. Record of board meetings; authority to adopt
585	rules and regulations; annual reports; budget.--
586	(1) A record shall be kept of all meetings of the board,
587	and in such meetings concurrence of a majority of the
588	commissioners present shall be necessary to any affirmative
589	action by the board.
590	(2) The board shall have the authority to adopt and amend
591	policies and regulations for the administration of the affairs
592	of the district under the terms of this act and chapters 189 and
593	191, Florida Statues, which shall include, but not be limited
594	to, the authority to adopt the necessary rules and regulations
595	for the administration and supervision of the property and
596	personnel of the district; for the prevention of fires, fire
597	control, fire hydrant placement, and flow testing in accordance
598	with current NFPA rules; and for rescue work within the
599	district. Said commissioners shall have all the lawful power and
600	the authority necessary to carry out the purposes of said fire
601	district; to purchase all necessary real and personal property;
602	to purchase and carry standard insurance policies on all such
603	equipment; to employ such personnel as may be necessary to carry
604	out the purpose of said fire district; to provide adequate
605	insurance for said employees; to purchase and carry appropriate
606	insurance for the protection of all firefighters and personnel
607	as well as all equipment and personal property on loan to the
608	district; to sell surplus real and personal property in the same
609	manner and subject to the same restrictions as provided for such
610	sales by counties; to enter into contracts with qualified
611	service providers, the Liberty Fire District of Walton County,
612	other fire departments, municipalities, and state and federal
613	governmental units for the purpose of obtaining financial aid;
614	and for otherwise carrying out the purposes of the district. The
615	commissioners shall adopt a fiscal year for said fire district,
616	which shall be October 1 to September 30.
617	(3) Any policies, rules, and regulations promulgated and
618	made by the board shall have the force and effect of law after
619	copies thereof, signed by the secretary and chair or vice chair,
620	shall have been posted in three public places within the
621	district in conspicuous locations and advertised by title once a
622	week for 2 consecutive weeks in a newspaper of general paid
623	circulation in the district.
624	(4) The board shall, on or before November 1, make an
625	annual report of its actions and accounting of its funds as of
626	September of that year, and shall file said report in the office
627	of the Clerk of the Circuit Court of Walton County, whose duty
628	it shall be to receive and file said report and hold and keep
629	the same as a public record.
630	(5) For the purposes of carrying into effect this act, the
631	board shall annually prepare, consider, and adopt a district
632	budget pursuant to the applicable requirements of chapters 189
633	and 191, Florida Statutes, as they may be amended from time to
634	time. The board shall, at the same time as it makes its annual
635	report, file its estimated budget for the fiscal year beginning
636	October 1, which budget shall show the estimated revenue to be
637	received by the district and the estimated expenditures to be
638	incurred by the district in carrying out its operations.
639	Section 14. Authority to enact fire prevention ordinances;
640	appoint fire chief; acquire land; enter contracts; establish
641	salaries; general and special powers; authority to provide
642	emergency medical and rescue services.--
643	(1) The board of commissioners shall have the right and
644	power to enact fire prevention ordinances in the same manner
645	provided for the adoption of policies and regulations in
646	subsection (2) of section 13, and when the provisions of such
647	fire prevention ordinances are determined by the board to be
648	violated, the office of the state attorney, upon written notice
649	of such violation issued by the board, is authorized to
650	prosecute such person or persons held to be in violation
651	thereof. Any person found guilty of a violation may be punished
652	as provided in chapter 775, Florida Statutes, as a misdemeanor
653	of the second degree. The cost of such prosecution shall be paid
654	out of the district funds, unless otherwise provided by law.
655	(2) The board shall have the power to appoint a fire
656	chief, who shall be a person experienced in all types of
657	firefighting and fire prevention and who shall work with and
658	cooperate with the Florida State Fire Marshal in which the
659	district is situated in the prevention of fires of all types.
660	The district fire chief shall be authorized to enter, at all
661	reasonable hours, any building or premises for the purpose of
662	making any inspection or investigation which the State Fire
663	Marshal is authorized to make pursuant to state law and
664	regulation. The owner, lessee, manager, or operator of any
665	building or premises shall permit the district fire chief to
666	enter and inspect the building or premises at all reasonable
667	hours. The district fire chief shall report any violations of
668	state fire safety laws or regulations to the appropriate
669	officials.
670	(3) The board shall have the power to acquire, by gift or
671	purchase, lands or rights in lands, and any other property, real
672	and personal, tangible or intangible, necessary, desirable, or
673	convenient for carrying out the purposes of the district, and to
674	pay any and all costs of same out of the funds of the district,
675	provided that prior to the acquisition of the location of a fire
676	station site, an appropriate investigation shall be conducted
677	which shall include, but not limited to, obtaining the staff
678	recommendation of the Walton County Planning Department.
679	(4) The board shall have the power to enter into contracts
680	or to otherwise join with the Liberty Fire District of Walton
681	County, or to otherwise join with any other district, city, or
682	town, the United States of America, or any agency or authority
683	thereunder, for the purpose of expanding services, providing
684	effective aid, and accomplishing and carrying out the purposes
685	for which the district was created and for the further purpose
686	of specifically obtaining financial aid, assistance, or subsidy.
687	(5) The salaries of fire department personnel and any
688	other wages shall be determined by the board.
689	(6) The district is authorized to establish and maintain
690	emergency medical and rescue response services and acquire and
691	maintain rescue, medical, and other emergency equipment, subject
692	to the provisions of chapter 401, Florida Statutes.
693	Section 15. Annexations.--If any municipality or other
694	fire control district annexes any land included in the district,
695	such annexation shall follow the procedures set forth in section
696	171.093, Florida Statutes, as amended from time to time.
697	Section 16. Dissolution.--The district shall exist until
698	dissolved in the same manner as it was created. If the Liberty
699	Fire District of Walton County is dissolved or ceases to exist
700	for any reason, or if the board determines that the Liberty Fire
701	District of Walton County is unable to carry out its objectives
702	as stated or the objectives of the district as stated in
703	subsection (2) of section 2, or the district's published
704	policies, the board shall in its discretion make arrangements
705	for other means of providing fire protection and rescue
706	services.
707	Section 17. Immunity from tort liability.-–
708	(1) The district and its officers, agents, and employees
709	shall have the same immunity from tort liability as other
710	agencies and subdivisions of the state. The provisions of
711	chapter 768, Florida Statutes, as from time to time amended,
712	shall apply to all claims asserted against the district.
713	(2) The district commissioners and all officers, agents,
714	and employees of the district shall have the same immunity and
715	exemption from personal liability as is provided by general law
716	of the state for state, county, and municipal officers.
717	(3) The district shall defend all claims against the
718	commissioners, officers, agents, and employees which arise
719	within the scope of employment or purposes of the district and
720	shall pay all judgments against said persons, except where said
721	persons acted in bad faith or with malicious purpose or in a
722	manner exhibiting wanton and willful disregard of human rights,
723	safety, or property.
724	Section 18. District expansion.-–
725	(1) The district boundaries may be extended from time to
726	time as follows:
727	(a) Land contiguous to the boundaries of the district in
728	unincorporated Walton County may be included in the district
729	when petition for inclusion signed and sworn to by a majority of
730	the owners of the real property within the tract or tracts to be
731	included in the district has been presented to the board of
732	commissioners and the proposal has been approved by the
733	affirmative vote of no fewer than three members of the board of
734	commissioners at a regular meeting.
735	(b) The petition must contain the legal description of the
736	property sought to be added to the district and the names and
737	addresses of the owners of the property.
738	(2) If a proposal to add an area to the district as
739	defined in subsection (1) is approved by the affirmative vote of
740	no fewer than three members of the board of commissioners at a
741	regular meeting, the board of commissioners shall thereafter
742	adopt a resolution describing the lands to be included within
743	the district and shall cause such resolution to be duly enrolled
744	in the record of the meeting and a certified copy of the
745	resolution to be recorded in the Office of the Clerk of the
746	Circuit Court of Walton County.
747	(3) Upon adoption of the resolution by the board, the
748	district shall, pursuant to chapter 191, Florida Statutes,
749	request that its legislative delegation approve said addition
750	and sponsor legislation amending the district boundary. Upon
751	approval by the legislature, the boundary shall be amended.
752	(4) Lands within municipal boundaries of cities contiguous
753	to district boundaries may be included in the district upon
754	request by the governing board of the municipality, approval of
755	said request by affirmative vote of no fewer that three members
756	of the district board, and referendum approval of inclusion by
757	the electors of the municipality. The referendum shall be
758	conducted by the municipality at the next available special or
759	general election.
760	Section 19. Construction.--This act shall be construed as
761	remedial and shall be liberally construed to promote the purpose
762	for which it is intended.
763	Section 20. Effect.--In the event that any part of this
764	act should be held void for any reason, such holding shall not
765	affect any other part thereof.
766	Section 2. This act shall take effect upon becoming a law.