| 1 | A bill to be entitled |
| 2 | An act relating to the Upper Captiva Fire Protection and |
| 3 | Rescue Service District, Lee County; providing legislative |
| 4 | intent; codifying, reenacting, and amending all prior |
| 5 | special acts pertaining to the district; re-creating and |
| 6 | reenacting an independent fire protection, control, and |
| 7 | rescue service district in said county; fixing boundaries |
| 8 | of the district; providing powers; providing for a |
| 9 | governing body, officers, budget and taxing authority, and |
| 10 | indebtedness; providing for planning; providing |
| 11 | construction and severability; repealing prior special |
| 12 | acts related to the district; providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Pursuant to section 191.015, Florida Statutes, |
| 17 | this act constitutes the codification of all special acts |
| 18 | relating to the Upper Captiva Fire Protection and Rescue Service |
| 19 | District (hereinafter called the ?district?). It is the intent |
| 20 | of the Legislature to provide a single, comprehensive, special |
| 21 | act charter for the district, including all current legislative |
| 22 | authority granted to the district by its several legislative |
| 23 | enactments, and any additional authority granted by this act. It |
| 24 | is further the intent of this act to preserve all district |
| 25 | authority, including the authority to annually assess and levy |
| 26 | taxes, impact fees, and non-ad valorem assessments as authorized |
| 27 | by chapter 97-340, Laws of Florida, chapter 191, Florida |
| 28 | Statutes, or any other applicable general or special law, and to |
| 29 | conform the charter to chapter 191, Florida Statutes, the |
| 30 | Independent Special Fire Control District Act, other provisions |
| 31 | of general law, and the Lee County Independent Special Fire |
| 32 | Control District Act, chapter 97-340, Laws of Florida. |
| 33 | Section 2. Chapters 89-478 and 90-397, Laws of Florida, |
| 34 | are codified, reenacted, amended, and repealed as provided |
| 35 | herein. |
| 36 | Section 3. The charter for the Upper Captiva Fire |
| 37 | Protection and Rescue Service District is re-created and |
| 38 | reenacted to read: |
| 39 | Section 1. Name.--The name of the district shall be the |
| 40 | Upper Captiva Fire Protection and Rescue Service District. |
| 41 | Section 2. Boundaries.-- |
| 42 | (1) The lands to be included within the district are the |
| 43 | following described lands in Lee County, Florida: |
| 44 | Upper Captiva Island: |
| 45 | All that part of North Captiva Island lying in |
| 46 | Sections 4,5,8,9, 15, and 16, Township 45 South, range |
| 47 | 21 East, and Section 32, Township 44 South, Range 21 |
| 48 | East, bounded on the North by Captiva Pass, West by |
| 49 | the Gulf of Mexico, South by Redfish Pass, and East by |
| 50 | Pine Island Sound. |
| 51 | (2) Nothing in this charter shall deny the right of the |
| 52 | fire chief or governing officials of the district to render such |
| 53 | services in the waters adjacent to the land, or to communities |
| 54 | adjacent to the land, described in subsection (1), or to such |
| 55 | other places as from time to time may be deemed advisable. |
| 56 | (3) The boundaries of the district may be modified, |
| 57 | extended, or enlarged upon approval or ratification by the |
| 58 | Legislature. |
| 59 | Section 3. Powers.--The district shall have, and the board |
| 60 | may exercise by majority vote, all powers that an independent |
| 61 | special fire control district is authorized by law to have, |
| 62 | specifically including, without limitation, all powers set forth |
| 63 | in chapter 97-340, Laws of Florida, not inconsistent herewith, |
| 64 | and all powers set forth in chapter 189, Florida Statutes, to |
| 65 | the extent applicable, and chapter 191, Florida Statutes, as it |
| 66 | may be amended from time to time. Without limiting any general |
| 67 | or special powers otherwise granted by law, the district shall |
| 68 | have the power to establish and maintain fire suppression and |
| 69 | control services; provide emergency medical services and rescue |
| 70 | response services; acquire and maintain fire stations and |
| 71 | equipment pursuant to law; acquire and maintain rescue, medical, |
| 72 | and other emergency equipment pursuant to the provisions of |
| 73 | chapter 401, Florida Statutes, and provide or obtain any |
| 74 | certificate of public convenience and necessity or its |
| 75 | equivalent issued thereunder; employ such personnel and engage |
| 76 | services of such persons as are deemed necessary for the proper |
| 77 | function and operation of the district; provide or require |
| 78 | maintenance of roadways, rights-of-way, alleyways, and pathways |
| 79 | and docking facilities for fire safety and rescue purposes and |
| 80 | to impose fees, impact fees, or assessments upon real property |
| 81 | for such purposes; and to adopt ordinances and resolutions |
| 82 | necessary to conduct district business, provided that they are |
| 83 | not in conflict with any ordinances of Lee County. |
| 84 | Section 4. Governing body; elections; vacancies; no |
| 85 | compensation; oath; bond.-- |
| 86 | (1) The district shall be governed by a board of five |
| 87 | commissioners who shall be qualified electors residing within |
| 88 | the district, be elected by the qualified electors residing |
| 89 | within the district, and serve terms of 4 years each or until a |
| 90 | successor takes office. Terms shall be staggered, with two |
| 91 | commissioners elected in one election cycle and three |
| 92 | commissioners elected in the other election cycle, in accordance |
| 93 | with term expiration schedules in place at the time of adoption |
| 94 | of this charter pursuant to chapter 97-340, Laws of Florida. |
| 95 | (2) Elections shall be on the first Tuesday next |
| 96 | succeeding the first Monday in November of even-numbered years, |
| 97 | unless otherwise required by law or by action of the Lee County |
| 98 | Supervisor of Elections pursuant to law. |
| 99 | (3) Elections shall be on a nonpartisan basis. |
| 100 | (4) If a vacancy occurs on the board for any reason, the |
| 101 | remaining commissioners may appoint a qualified person to fill |
| 102 | the seat until the next general election, at which time an |
| 103 | election shall be held to fill the vacancy for the remaining |
| 104 | term, if any. |
| 105 | (5) Commissioners shall continue to serve without |
| 106 | compensation, but shall be entitled to payment or reimbursement |
| 107 | of actual and necessary expenses incurred in performance of |
| 108 | their duties, to the extent authorized by board bylaws. Any |
| 109 | future provision for payment of any salary or honorarium shall |
| 110 | be determined in accordance with and subject to limitations set |
| 111 | forth in section 191.005(4), Florida Statutes. |
| 112 | (6) Each commissioner shall, upon assuming office, take |
| 113 | and subscribe to the oath of office prescribed by s. 5(b), Art. |
| 114 | II of the State Constitution and section 876.05, Florida |
| 115 | Statutes. |
| 116 | (7) Each commissioner, within 30 days after assuming |
| 117 | office, must give the Governor a good and sufficient surety bond |
| 118 | in the sum of $5,000, and the treasurer the sum of $10,000, or |
| 119 | as otherwise may be required by law, the cost thereof being |
| 120 | borne by the district, conditioned on his or her faithful |
| 121 | performance of his or her duties of office. |
| 122 | Section 5. Officers; bylaws; removal; disbursements; |
| 123 | records; open meetings; quorum.-- |
| 124 | (1) The commissioners, immediately upon their election or |
| 125 | within 10 days thereafter, and annually in November, shall |
| 126 | organize by electing from their number a chair, a vice chair, a |
| 127 | secretary, and a treasurer. The same commissioner may be both |
| 128 | secretary and treasurer. The board shall adopt bylaws to provide |
| 129 | policies and procedures for conducting its business and |
| 130 | exercising its powers granted herein. The bylaws shall define |
| 131 | excused and unexcused absences. The board shall remove any |
| 132 | commissioner who has three consecutive, unexcused absences from |
| 133 | regularly scheduled meetings. |
| 134 | (2) Funds of the district may be disbursed only upon the |
| 135 | order or pursuant to resolution of the board, by warrant or |
| 136 | check signed by the treasurer or other person or persons |
| 137 | authorized by the board. However, a petty cash account may be |
| 138 | authorized by the board. The board may give the treasurer |
| 139 | additional powers and duties that it deems appropriate. |
| 140 | (3) The board, through its secretary, shall keep a |
| 141 | permanent record book entitled ?Record of Proceedings of Upper |
| 142 | Captiva Fire Protection and Rescue Service District? in which |
| 143 | the minutes of all meetings, resolutions, proceedings, |
| 144 | certificates, bonds given by commissioners, and corporate acts |
| 145 | shall be recorded. The record book shall be open to inspection |
| 146 | in the same manner as state, county, and municipal records are |
| 147 | open under chapter 119, Florida Statutes. The record book shall |
| 148 | be kept at the office or other regular place of business |
| 149 | maintained by the board in Lee County. All meetings of the board |
| 150 | shall be open to the public as may be required by chapters 189 |
| 151 | and 286, Florida Statutes, and other applicable general law. |
| 152 | (4) Unless otherwise required by law, a majority of |
| 153 | commissioners in office shall constitute a quorum for the |
| 154 | conduct of business. Action may be taken only by a majority vote |
| 155 | of a quorum present. |
| 156 | Section 6. Fiscal year; budget; millage; taxes; |
| 157 | assessments.--The fiscal year begins on October 1 of each year |
| 158 | and extends until September 30 of the ensuing year. |
| 159 | (1) The board shall annually prepare, consider, and adopt |
| 160 | a district budget pursuant to the applicable requirements of |
| 161 | chapter 200, Florida Statutes, as it may be amended from time to |
| 162 | time, for purposes of providing funds for the district. |
| 163 | (2) The board shall fix and cause to be levied on all |
| 164 | taxable property of the district a millage sufficient to meet |
| 165 | the requirements of the budget. The millage rate shall not |
| 166 | exceed 3.75 mills per year, except as otherwise provided in |
| 167 | section 191.009, Florida Statutes. All taxes shall be levied, |
| 168 | assessed, and collected in the same manner as county taxes. |
| 169 | (3) Non-ad valorem assessments and user and impact fees |
| 170 | shall be levied and collected in accordance with the provisions |
| 171 | of sections 191.009 and 191.011, Florida Statutes. |
| 172 | Section 7. Indebtedness; use of funds.-- |
| 173 | (1) The district may incur debt and issue bonds or any |
| 174 | other evidences of indebtedness as provided and to the extent |
| 175 | limited by s. 12, Art. VII of the State Constitution and section |
| 176 | 191.012, Florida Statutes. |
| 177 | (2) Funds of the district may be used for any purpose of |
| 178 | the district in accordance with this charter and with provisions |
| 179 | of any other applicable general laws and special acts. |
| 180 | (3) The district is specifically authorized to expend |
| 181 | funds to purchase, lease, own, and maintain a fire department |
| 182 | and rescue service within the district's jurisdiction; to |
| 183 | construct one or more fire stations or rescue service facilities |
| 184 | as the board deems necessary in the exercise of its powers; and |
| 185 | to dispose of surplus real or personal property and to enter |
| 186 | into interlocal agreements or other arrangements to assist in |
| 187 | achievement of the powers and purposes of the district. |
| 188 | Section 8. Plan.--The district shall adopt a 5-year plan |
| 189 | to identify the facilities, equipment, personnel, and revenue |
| 190 | needed by the district over the next 5-year period. The plan |
| 191 | shall be updated in accordance with section 189.415, Florida |
| 192 | Statutes, and satisfies the requirement for a public facilities |
| 193 | report required by section 189.415(2), Florida Statutes. |
| 194 | Section 4. This act shall be construed as remedial and |
| 195 | shall be liberally construed to promote the purpose for which |
| 196 | it is intended. |
| 197 | Section 5. It is declared to be the intent of the |
| 198 | Legislature that if any section, subsection, sentence, clause, |
| 199 | phrase, or portion of this act is held invalid or |
| 200 | unconstitutional for any reason, by any court of competent |
| 201 | jurisdiction, such holding shall not affect the validity of the |
| 202 | remaining portions hereof. |
| 203 | Section 6. Chapters 89-478 and 90-397, Laws of Florida, |
| 204 | are repealed. |
| 205 | Section 7. This act shall take effect upon becoming a law. |