Senate Bill sb2854

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    Florida Senate - 2003        (NP)                      SB 2854

    By Senator Saunders





    37-728-03                                               See HB

  1                      A bill to be entitled

  2         An act relating to the Bayshore Fire Protection

  3         and Rescue Service District, Lee County;

  4         providing for codification of special laws

  5         relating to the District; amending, codifying,

  6         reenacting, and repealing all prior special

  7         acts; providing definitions; providing for

  8         creation, status, charter amendments, and

  9         boundaries; providing for a board of

10         commissioners and the board's powers, duties,

11         and responsibilities; providing authority to

12         levy ad valorem taxes and non-ad valorem

13         assessments; providing for the District's

14         fiscal year; providing for deposit of District

15         funds; authorizing the District to borrow

16         money; providing for use of District funds;

17         authorizing the board to adopt policies,

18         regulations, and a fire prevention code;

19         providing for liberal construction; providing

20         severability; providing an effective date.

21  

22  Be It Enacted by the Legislature of the State of Florida:

23  

24         Section 1.  Pursuant to section 191.015, Florida

25  Statutes, this act constitutes the codification of all special

26  acts relating to the Bayshore Fire Protection and Rescue

27  Service District, located in Lee County. It is the intent of

28  the Legislature to provide a single, comprehensive special act

29  charter for the District, including all current legislative

30  authority granted to the District by its several legislative

31  enactments and any additional authority granted by this act,

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    Florida Senate - 2003        (NP)                      SB 2854
    37-728-03                                               See HB




 1  chapters 189 and 191, Florida Statutes, and chapter 97-340,

 2  Laws of Florida, as amended from time to time. It is further

 3  the intent of this act to preserve all District authority,

 4  including the authority to annually assess and levy against

 5  the taxable property in the District a tax not to exceed the

 6  limit provided in chapter 97-340, Laws of Florida, or chapter

 7  191, Florida Statutes, and as approved by referendum of the

 8  qualified electors in the District.

 9         Section 2.  Chapters 76-414, 80-520, 84-466, 87-422,

10  91-398, and 95-459, Laws of Florida, relating to the Bayshore

11  Fire Protection and Rescue Service District, are amended,

12  codified, reenacted, and repealed as provided herein.

13         Section 3.  The Bayshore Fire Protection and Rescue

14  Service District is re-created and the charter for the

15  District is re-created and reenacted to read:

16         Section 1.  Definitions.--As used in this act, unless

17  otherwise specified:

18         (1)  "District" means the Bayshore Fire Protection and

19  Rescue Service District.

20         (2)  "Board" and "board of commissioners" mean the

21  board of commissioners of and for the District.

22         (3)  "Commissioner" means a member of the board of

23  commissioners of and for the District.

24         (4)  "County" means Lee County.

25         Section 2.  District status; boundaries; charter

26  amendments.--

27         (1)  There is created an independent special taxing

28  fire protection and rescue service district incorporating

29  lands in Lee County described in subsection (2), which shall

30  be a public corporation having the powers, duties, rights,

31  obligations, and immunities herein set forth, under the name

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    Florida Senate - 2003        (NP)                      SB 2854
    37-728-03                                               See HB




 1  of the Bayshore Fire Protection and Rescue Service District.

 2  The District is organized and exists for all purposes and

 3  shall hold all powers set forth in this act, chapters 189 and

 4  191, Florida Statutes, and chapter 97-340, Laws of Florida. To

 5  the extent of any conflict between this act and chapter

 6  97-340, Laws of Florida, the provisions of chapter 97-340,

 7  Laws of Florida, shall supersede this act.

 8         (2)  The lands to be included within the District are

 9  the following described lands in Lee County:

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11         In Township 43 South, Range 25 East, all of

12         sections 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12,

13         13, 14, 15, 16, 17, 21, 22, 23, that portion of

14         section 24 lying North of the waters of the

15         Caloosahatchee River, that portion of section

16         25 lying North of the waters of the

17         Caloosahatchee River, that portion of section

18         26 lying North of the Caloosahatchee River, all

19         of section 27, all of section 28 and in

20         Township 43 South, Range 26 East, all of

21         sections 4, 5, 6, 7, 8, 9, 16, 17, 18, and

22         those portions of sections 19, 20, and 21 lying

23         North of the waters of the Caloosahatchee

24         River.

25  

26         (3)  Nothing herein shall deny the right of the chief

27  or other governing officials of the District to render such

28  services to communities adjacent to the land described in

29  subsection (2), or such other places as from time to time may

30  be deemed desirable.

31  

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    Florida Senate - 2003        (NP)                      SB 2854
    37-728-03                                               See HB




 1         (4)  The District was created by special act of the

 2  Legislature in 1976. Its charter may be amended only by

 3  special act of the Legislature.

 4         Section 3.  Governing board; creation; employment of

 5  personnel; compensation; organization; commissioners' bond.--

 6         (1)  Pursuant to chapter 97-340, Laws of Florida, the

 7  business and affairs of the District shall be conducted and

 8  administered by a board of five commissioners, who shall serve

 9  terms of 4 years each. The procedures for conducting District

10  elections and for qualification of candidates and electors

11  shall be pursuant to chapters 189 and 191, Florida Statutes,

12  and chapter 97-340, Laws of Florida, as they may be amended

13  from time to time.

14         (2)  The board may employ such personnel as it deems

15  necessary for the proper function and operation of a fire and

16  rescue department. The salaries of fire department and

17  emergency service personnel, and any other wages, shall be

18  determined by the board.

19         (3)  In accordance with chapter 191, Florida Statutes,

20  and chapter 97-340, Laws of Florida, each elected member of

21  the board shall assume office 10 days following the member's

22  election. Annually, within 60 days after the election of new

23  members of said board, the members shall organize by electing

24  from their number a chair, a vice chair, a secretary, and a

25  treasurer. However, the same member may be both secretary and

26  treasurer.

27         (4)  The commissioners shall receive compensation for

28  actual expenses incurred while performing the duties of their

29  office in accordance with general law governing per diem for

30  public officials. Commissioners may receive compensation for

31  their services in accordance with chapter 97-340, Laws of

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    Florida Senate - 2003        (NP)                      SB 2854
    37-728-03                                               See HB




 1  Florida, and chapter 191, Florida Statutes, as amended from

 2  time to time.

 3         (5)  Each commissioner, upon taking office and in

 4  accordance with chapter 97-340, Laws of Florida, and chapters

 5  189 and 191, Florida Statutes, shall execute to the Governor

 6  for the benefit of the District a bond conditioned upon the

 7  faithful performance of the duties of the commissioner's

 8  office. The premium for such bonds shall be paid from the

 9  funds of the District.

10         Section 4.  Powers; duties; responsibilities.--

11         (1)  The District shall have and the board may exercise

12  all the powers and duties set forth in this act, chapters 189,

13  191, and 197, Florida Statutes, and chapter 97-340, Laws of

14  Florida, as they may be amended from time to time, including,

15  but not limited to, ad valorem taxation, bond issuance, other

16  revenue-raising capabilities, budget preparation and approval,

17  liens and foreclosure of liens, use of tax deeds and tax

18  certificates as appropriate for non-ad valorem assessments,

19  and contractual agreements. The District may be financed by

20  any method established in this act, chapter 189 or chapter

21  191, Florida Statutes, or chapter 97-340, Laws of Florida, as

22  amended from time to time.

23         (2)  The methods for assessing and collecting non-ad

24  valorem assessments, fees, or service charges shall be as set

25  forth in this act, chapter 170, chapter 189, chapter 191, or

26  chapter 197, Florida Statutes, and chapter 97-340, Laws of

27  Florida, as amended from time to time.

28         (3)  The District's planning requirements shall be as

29  set forth in this act, chapters 189 and 191, Florida Statutes,

30  and chapter 97-340, Laws of Florida, as amended from time to

31  time.

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    Florida Senate - 2003        (NP)                      SB 2854
    37-728-03                                               See HB




 1         (4)  Requirements for financial disclosure, meeting

 2  notices, reporting, public records maintenance, and per diem

 3  expenses for officers and employees shall be as set forth in

 4  this act, chapters 112, 119, 189, 191, and 286, Florida

 5  Statutes, and chapter 97-340, Laws of Florida, as amended from

 6  time to time.

 7         Section 5.  Ad valorem taxing authority; non-ad valorem

 8  assessments.--

 9         (1)  The board shall have the right, power, and

10  authority to levy millage tax against the taxable real estate

11  within the District to provide funds for the purpose of this

12  District. However, they shall not exceed the limit provided by

13  chapter 97-340, Laws of Florida, or chapter 191, Florida

14  Statutes, as amended from time to time. Although the district

15  is authorized to levy a maximum millage rate as provided for

16  in section 191.009(1), Florida Statutes, the district must

17  receive referendum approval, as required by the State

18  Constitution and section 191.009, Florida Statutes, for any

19  increased millage rate above such rate that has been

20  previously authorized by a special act and approved by

21  referendum.

22         (2)  The District shall levy and collect ad valorem

23  taxes in accordance with chapter 200, Florida Statutes, as

24  amended from time to time.

25         (3)  Non-ad valorem assessments.--The District is

26  authorized to levy and enforce non-ad valorem assessments in

27  accordance with chapters 189, 191, and 197, Florida Statutes,

28  and chapter 97-340, Laws of Florida.

29         Section 6.  Fiscal year.--The District's fiscal year

30  shall begin on October 1 and end on September 30.

31         Section 7.  District funds.--

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    Florida Senate - 2003        (NP)                      SB 2854
    37-728-03                                               See HB




 1         (1)  All funds of the District shall be deposited in

 2  qualified public depositories, in accordance with chapters 191

 3  and 280, Florida Statutes, as they may be amended from time to

 4  time.

 5         (2)  No funds of the District shall be paid or

 6  disbursed except by check signed by the treasurer of the board

 7  and either the chair or vice chair of the board.

 8         Section 8.  Authority to borrow money.--

 9         (1)  The board shall have the power and authority to

10  borrow money or issue other evidences of indebtedness for the

11  purposes of the District in accordance with chapters 189 and

12  191, Florida Statutes, and chapter 97-340, Laws of Florida, as

13  amended from time to time. However, the total payments in any

14  one year, including principal and interest, on any

15  indebtedness incurred by the District may not exceed 50

16  percent of the total annual budgeted revenues of the District

17  for the year in which the payments are to be made.

18         (2)  Neither the District commissioners as a body nor

19  any of them as an individual shall be personally or

20  individually liable for the repayment of such loan. Such

21  repayment shall be made out of tax receipts of the District

22  except as provided in this subsection. The commissioners shall

23  not create any indebtedness or incur obligations for any sum

24  or amount which they are unable to repay out of District funds

25  then in their hands except as otherwise provided in this act.

26  However, the commissioners may make purchases of equipment on

27  an installment basis as necessary if funds are available for

28  the payment of the current year's installment on such

29  equipment plus the amount due in that year on any other

30  installments and the repayment of any bank loan or other

31  existing indebtedness which may be due that year.

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    Florida Senate - 2003        (NP)                      SB 2854
    37-728-03                                               See HB




 1         Section 9.  Board action; authority to adopt policies

 2  and regulations.--

 3         (1)  A record shall be kept of all meetings of the

 4  board and in such meetings concurrence of a majority of the

 5  commissioners shall be necessary to any affirmative action by

 6  the board.

 7         (2)  The board may adopt policies and regulations not

 8  inconsistent with any portion of this act, chapter 189 or

 9  chapter 191, Florida Statutes, or chapter 97-340, Laws of

10  Florida, as amended from time to time, as it may deem

11  necessary for the transaction of its business and in

12  implementing and carrying out the provisions of this act. The

13  board shall have authority to provide all things necessary for

14  the prevention, extinguishment, and control of fires and for

15  the operation of a rescue service in the District.

16         Section 10.  Fire prevention code.--The board shall

17  have the right and power to enact a fire prevention code or

18  ordinance in addition to, but not in conflict with, applicable

19  state and local building and fire codes.

20         Section 4.  This act shall be construed as remedial and

21  shall be liberally construed to promote the purpose for which

22  it is intended.

23         Section 5.  In the event that any part of this act

24  should be held void for any reason, such holding shall not

25  affect any other part thereof.

26         Section 6.  Except as otherwise provided in this act,

27  in the event of a conflict of the provisions of this act with

28  the provisions of any other act, the provisions of this act

29  shall control to the extent of such conflict.

30         Section 7.  Chapters 76-414, 80-520, 84-466, 87-422,

31  91-398, and 95-459, Laws of Florida, are repealed.

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    Florida Senate - 2003        (NP)                      SB 2854
    37-728-03                                               See HB




 1         Section 8.  This act shall take effect upon becoming a

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