HB 1291

1
A bill to be entitled
2An act relating to the Key Largo Fire Rescue and Emergency
3Medical Services District, Monroe County; creating a
4special district; providing definitions; providing for
5creation, status, charter amendments, boundaries, and
6purposes; providing for a board of commissioners;
7providing for election and terms of commissioners;
8providing for employment of district personnel; providing
9for election of board officers; providing for compensation
10and bonds of commissioners; providing for powers, duties,
11and responsibilities of the board; providing for ad
12valorem taxes; providing a cap on the rate of taxation;
13providing for impact fees; providing for authority to
14disburse funds; authorizing the board to borrow money;
15providing for use of district funds; requiring a record of
16all board meetings; authorizing the board to adopt
17policies and regulations; providing for the board to make
18an annual budget; requiring an annual report; authorizing
19the board to enact fire prevention ordinances; authorizing
20the district to acquire land, enter into contracts,
21establish salaries, and establish and operate fire,
22rescue, and emergency medical services; providing for
23district authority upon annexation of district lands;
24providing for dissolution; providing immunity from tort
25liability for officers, agents, and employees; providing
26for district expansion; providing for construction and
27effect; requiring a referendum; providing an effective
28date.
29
30Be It Enacted by the Legislature of the State of Florida:
31
32     Section 1.--Definitions.--As used in this act, unless
33otherwise specified:
34     (1)  "Board" means the board of commissioners created
35pursuant to this act and chapter 191, Florida Statutes.
36     (2)  "Commissioner" means a member of the board of
37commissioners of and for the district.
38     (3)  "District" means the Key Largo Fire Rescue and
39Emergency Medical Services District.
40     Section 2.  Creation; status; charter amendments;
41boundaries; district; purposes.--
42     (1)  There is hereby created an independent special fire
43control district incorporating lands in Monroe County described
44in subsection (2), which shall be a public corporation having
45the powers, duties, obligations, and immunities herein set forth
46under the name of the Key Largo Fire Rescue and Emergency
47Medical Services District. The district is organized and exists
48for all purposes and shall hold all powers set forth in this act
49and chapters 189 and 191, Florida Statutes.
50     (2)  The lands to be included within the district are the
51following described lands on the island of Key Largo, in Monroe
52County, to wit:
53All of Cross Key and that part of Key Largo from South
54Bay Harbor Drive and Lobster Lane to the southern
55boundary of the right-of-way County Roads 905 and
56905A.
57     (3)  The Key Largo Fire Rescue and Emergency Medical
58Services District is organized and exists for all purposes set
59forth in this act and chapter 191, Florida Statutes, including,
60but not limited to, providing fire protection and firefighting
61services, rescue services, and emergency medical services. Such
62emergency medical services shall not be the primary function of
63the district. The district shall have all other powers necessary
64to carry out these purposes, including the authority to contract
65with the Key Largo Volunteer Fire and Rescue Department, Inc.,
66and the Key Largo Volunteer Ambulance Corps, Florida not-for-
67profit corporations, which corporations currently provide fire,
68rescue, and emergency medical services within the district
69boundaries; to purchase all necessary real and personal
70property; to purchase and carry standard insurance policies on
71all such equipment; to employ such personnel as may be necessary
72to carry out the purpose of said fire district; to provide
73adequate insurance for said employees; to purchase and carry
74appropriate insurance for the protection of all firefighters and
75personnel as well as all equipment and personal property on loan
76to the district; to sell surplus real and personal property in
77the same manner and subject to the same restrictions as provided
78for such sales by counties; and to enter into contracts with
79qualified service providers to carry out the purposes of the
80district.
81     (4)  Nothing herein shall prevent the district from
82cooperating with the state or other local governments to render
83such services to communities adjacent to the land described in
84this section as evidenced by an executed agreement between the
85cooperating agencies as approved by the board.
86     (5)  The district charter may be amended only by special
87act of the Legislature.
88     Section 3.  Board of commissioners.--
89     (1)  Pursuant to chapter 191, Florida Statutes, the
90business and affairs of the district shall be governed and
91administered by a board of five commissioners, who shall be
92qualified electors residing within the district and shall be
93elected by the qualified electors residing within the district,
94subject to the provisions of chapters 189 and 191, Florida
95Statutes, and this act. Each commissioner shall hold office
96until his or her successor is elected and qualified under the
97provisions of this act. The procedures for conducting district
98elections and for qualification of candidates and electors shall
99be pursuant to chapters 189 and 191, Florida Statutes. The
100members of the board shall serve on a nonpartisan basis for a
101term of 4 years each and shall be eligible for reelection.
102     (2)  Notwithstanding section 191.005, Florida Statutes, the
103five members of the initial board shall be elected by the
104qualified electors residing within the district at a special
105election called by the Supervisor of Election of Monroe County
106to be held on or before November 2005. The three elected members
107for seats 1, 3, and 5 in the initial election under this act
108shall serve terms of 3 years each. The remaining two elected
109members for seats 2 and 4 in the initial election under this act
110shall serve terms of 1 year each.
111     (3)  Subsequent elections of board members shall coincide
112with the general elections of this state.
113     (4)  Vacancies in office shall be filled by election, said
114election to be held coincidental with the next countywide
115general election to fill the remaining term of the seat vacated.
116The board may appoint a qualified elector of the district to act
117as commissioner until the vacancy is filled by election. A
118commissioner may be removed from office as provided by chapter
119191, Florida Statutes, for any reason that a state or county
120officer may be removed.
121     (5)  All elections shall be noticed, called, and held
122pursuant to the provisions of the general laws of the state. The
123board shall, to the extent possible, coordinate all elections
124with countywide general or special elections in order to
125minimize cost. Elections shall be called through the adoption of
126an appropriate resolution of the district directed to the Board
127of County Commissioners of Monroe County, the Supervisor of
128Elections of Monroe County, and other appropriate officers of
129the county. The district shall reimburse county government for
130the actual cost of district elections. No commissioner shall be
131a paid employee of the district while holding said position.
132     (6)  The board may employ such personnel as deemed
133necessary for the proper function and operation of the district.
134     (7)  The salaries of district personnel and any other wages
135shall be determined by the board.
136     Section 4.  Officers; board compensation; bond.--
137     (1)  In accordance with chapter 191, Florida Statutes, each
138elected member of the board shall assume office 10 days
139following the member's election. Within 60 days after election
140of new members of said board as herein provided, the newly
141elected members shall organize by electing from their number a
142chair, vice chair, secretary, and treasurer. However, the same
143member may be both secretary and treasurer, in accordance with
144chapter 191, Florida Statutes. Nothing shall prevent the
145commissioners from electing a chair, vice chair, secretary, and
146treasurer annually.
147     (2)  Three members of the board shall constitute a quorum.
148A quorum shall be necessary for the transaction of business.
149     (3)  The commissioners may receive reimbursement for actual
150expenses incurred while performing the duties of their offices
151in accordance with general law governing per diem for public
152officials. Each commissioner shall receive from the funds of the
153district compensation for his or her services in the amount of
154$200 per month. Members may be reimbursed for travel and per
155diem expense as provided in section 112.061, Florida Statutes.
156Authorization for any additional compensation shall be pursuant
157to chapter 191, Florida Statutes.
158     (4)  Each commissioner upon taking office shall take and
159subscribe to the oath of office prescribed by s. 5(b), Art. II,
160of the State Constitution and general law. Upon taking office
161and in accordance with chapters 189 and 191, Florida Statutes,
162each commissioner shall execute to the Governor, for the benefit
163of the district, a bond of $5,000 with a qualified personal or
164corporate surety, conditioned upon the faithful performance of
165the duties of the commissioner's office and upon an accounting
166for all funds which come into his or her hands as commissioner.
167The premium for such bonds shall be paid from district funds.
168     Section 5.  Powers; duties; responsibilities.--
169     (1)  The district shall have and the board may exercise by
170majority vote all the powers and comply with the duties set
171forth in this act and chapters 189, 191, and 197, Florida
172Statutes, including, but not limited to, ad valorem taxation,
173bond issuance, and other revenue capabilities; budget
174preparation and approval; liens and foreclosure of liens;
175contractual agreements; and the adoption of ordinances and
176resolutions that are necessary to conduct district business if
177such ordinances do not conflict with any ordinance of a local
178general-purpose government within whose jurisdiction the
179district is located.
180     (2)  The board shall have the right, power, and authority
181to levy annually ad valorem taxes against the taxable property
182within the district to provide funds for the purposes of the
183district in an amount not to exceed the limit provided in
184chapter 191, Florida Statues.
185     (3)  The methods for assessing and collecting ad valorem
186taxes, impact fees, or user charges shall be as set forth in
187this act and chapter 170, chapter 189, chapter 191, chapter 197,
188or chapter 200, Florida Statues.
189     (4)  The district's planning requirements shall be as set
190forth in this act and chapters 189 and 191, Florida Statutes, as
191amended from time to time.
192     (5)  Requirements for financial disclosure, meeting
193notices, reporting, public records maintenance, and per diem
194expenses for officers and employees shall be as set forth in
195this act and chapters 112, 119, 189, 191, and 286, Florida
196Statutes.
197     Section 6.  Ad valorem taxes.--
198     (1)  The board shall have the authority to levy ad valorem
199taxes annually against all taxable property within the district
200to provide funds for the purposes of the district only upon the
201approval by a majority vote of those qualified electors of the
202district voting in a referendum election authorizing the use of
203ad valorem taxation not to exceed 1.2 mills.
204     (2)  A referendum election of the electors of the district
205to authorize the use of ad valorem taxation not to exceed 1.2
206mills shall be held by the supervisor of elections at the same
207time as the initial election of district commissioners in
208accordance with the provisions of general law relating to
209elections.
210     (3)  Upon the approval of a majority of the electors voting
211at the initial election or at an election called by the board,
212the rate of taxation shall thereafter be fixed annually by
213resolution of the board without further approval by the
214electors, provided the rate of taxation shall not exceed 1.2
215mills. The board shall have the authority to increase the
216millage rate above 1.2 mills only if a majority of the electors
217voting in a referendum election approve the increased millage
218rate in an amount not to exceed the limit provided in chapter
219191, Florida Statutes.
220     (4)  The levy and collection of ad valorem taxes shall
221proceed pursuant to general law.
222     Section 7.  User charges.--
223     (1)  The board shall have the authority to provide a
224reasonable schedule of charges for providing the following
225services:
226     (a)  Special emergency services, including firefighting
227occurring in or to structures outside the district, motor
228vehicles, marine vessels, or aircraft or as a result of the
229operation of such motor vessels or marine vessels to which the
230district is called to render such emergency service.
231     (b)  Fighting fires occurring in or at refuse dumps or as a
232result of an illegal burn, which fire, dump, or burn is not
233authorized by general or special law, rule, regulation, order,
234or ordinance and which the district is called upon to fight or
235extinguish.
236     (c)  Responding to or assisting or mitigating emergences
237that either threaten or could threaten the health and safety of
238persons, property, or the environment to which the district has
239been called, including charge for responding to false alarms.
240     (d)  Inspecting structures, plans, and equipment to
241determine compliance with fire safety codes.
242     Section 8.  Impact fees.--
243     (1)  Pursuant to section 191.009(4), Florida Statutes, it
244is hereby declared that the cost of new facilities upon fire
245protection and emergency services should be borne by new users
246of the district's services to the extent new construction
247requires new facilities, but only to that extent. It is the
248legislative intent of this section to transfer to the new users
249of the district's fire protection and emergency services a fair
250share of the costs that new users impose on the district for new
251facilities. This shall only apply in the event that the general-
252purpose local government in which the district is located has
253not adopted an impact fee for fire services which is distributed
254to the district for construction within its jurisdictional
255boundaries.
256     (2)  The impact fees collected by the district pursuant to
257this section shall be kept as a separate fund from other
258revenues of the district and shall be used exclusively for the
259acquisition, purchase, or construction of new facilities or
260portions thereof required to provide fire protection and
261emergency services to new construction. "New facilities" means
262land, buildings, and capital equipment, including, but not
263limited to, fire and emergency vehicles and radio telemetry
264equipment. The fees shall not be used for the acquisition,
265purchase, or construction of facilities which must be obtained
266in any event, regardless of growth within the district. The
267board of fire commissioners shall maintain adequate records to
268ensure that impact fees are expended only for permissible new
269facilities.
270     Section 9.  Authority to borrow money.--
271     (1)  The board of commissioners shall have the power and
272authority to borrow money or issue other evidences of
273indebtedness for the purpose of the district in accordance with
274chapters 189 and 191, Florida Statutes, as amended from time to
275time, provided, however, that the total payments in any one
276year, including principal and interest, on any indebtedness
277incurred by the district shall not exceed 50 percent of the
278total annual budgeted revenues of the district.
279     (2)  The board of commissioners as a body, or any of the
280members of the board as individuals, shall not be personally or
281individually liable for the repayment of such loan. Such
282repayment shall be made out of the receipts of the district,
283except as provided in this subsection. The commissioners shall
284not create any indebtedness or incur obligations for any sum or
285amount which they are unable to repay out of district funds
286available to them at that time, except as otherwise provided in
287this act, provided, however, that the commissioners may make
288purchases of equipment on an installment basis as necessary if
289funds are available for the payment of the current year's
290installment on such equipment plus the amount due in that year
291on any other installments and the repayment of any bank loan or
292other existing indebtedness which may be due that year.
293     Section 10.  Use of district funds.--
294     (1)  No funds of the district shall be used for any
295purposes other than the administration of the affairs and
296business of the district; the payment of salaries and expenses
297to commissioners; the construction, care, maintenance, upkeep,
298operation, and purchase of firefighting and rescue equipment or
299a fire station or emergency medical station; the payment of
300public utilities; the payment of salaries of district personnel;
301the payment of expenses of volunteers; the payment to the Key
302Largo Volunteer Fire and Rescue Department, Inc., and the Key
303Largo Volunteer Ambulance Corps; and such other payment and
304expenses as the board may from time to time determine to be
305necessary for the operations and effectiveness of the district.
306     Section 11.  Record of board meetings; authority to adopt
307rules and regulations; annual reports; budget.--
308     (1)  A record shall be kept of all meetings of the board,
309and in such meetings concurrence of a majority of the
310commissioners present shall be necessary to any affirmative
311action by the board.
312     (2)  The board shall have the authority to adopt and amend
313policies and regulations for the administration of the affairs
314of the district under the terms of this act and chapters 189 and
315191, Florida Statues, which shall include, but not be limited
316to, the authority to adopt the necessary rules and regulations
317for the administration and supervision of the property and
318personnel of the district; for the prevention of fires, fire
319control, fire hydrant placement, and flow testing in accordance
320with current NFPA rules; and for rescue work within the
321district.
322     (2)  The board of commissioners shall have the authority to
323adopt uniform fire prevention ordinances. Such ordinances shall
324be signed, dated, and recorded with the Clerk of the Court of
325Monroe County and published as provided by state law. Ordinances
326shall be effective after publication, which constitutes legal
327notice of same.
328     (3)  The board shall, on or before November 1, make an
329annual report of its actions and accounting of its funds as of
330September of that year and shall file said report in the office
331of the Clerk of the Circuit Court of Monroe County, whose duty
332it shall be to receive and file said report and hold and keep
333the same as a public record.
334     (4)  For the purposes of carrying into effect this act, the
335board shall annually prepare, consider, and adopt a district
336budget pursuant to the applicable requirements of chapters 189
337and 191, Florida Statutes. The board shall, at the same time as
338it makes its annual report, file its estimated budget for the
339fiscal year beginning October 1, which budget shall show the
340estimated revenue to be received by the district and the
341estimated expenditures to be incurred by the district in
342carrying out its operations. The commissioners shall adopt a
343fiscal year for said fire district, which shall be October 1 to
344September 30.
345     Section 12.  Authority to enact fire prevention ordinances,
346enter land, acquire land, enter contracts, and establish
347salaries; general and special powers; authority to provide fire,
348rescue, and emergency medical services.--
349     (1)  The board of commissioners shall have the right and
350power to enact fire prevention ordinances as provided by general
351law. When the provisions of such fire prevention ordinances are
352determined by the board to be violated, the office of the state
353attorney, upon written notice of such violation issued by the
354board, is authorized to prosecute such person or persons held to
355be in violation thereof. Any person found guilty of a violation
356may be punished as provided in chapter 775, Florida Statutes, as
357a misdemeanor of the second degree. The cost of such prosecution
358shall be paid out of the district funds, unless otherwise
359provided by law. The district shall have the authority to
360appoint a fire marshal, who may be a member of the Key Largo
361Fire Rescue Department, to carry out the responsibilities of the
362district fire marshal.
363     (2)  The fire marshal or duly authorized inspector shall be
364authorized to enter, at all reasonable hours, any building or
365premises for the purpose of making any inspection or
366investigation which the State Fire Marshal is authorized to make
367pursuant to state law and regulation. The owner, lessee,
368manager, or operator of any building or premises shall permit
369the district fire marshal or duly authorized inspector to enter
370and inspect the building or premises at all reasonable hours.
371The fire marshal or duly authorized inspector shall report any
372violations of state fire safety laws or regulations to the
373appropriate officials.
374     (3)  The district is authorized to establish and maintain
375emergency medical and rescue response services and acquire and
376maintain rescue, medical, and other emergency equipment, subject
377to the provisions of chapter 401, Florida Statutes.
378     Section 13.  Annexations.--If any municipality or other
379fire control district annexes any land included in the district,
380such annexation shall follow the procedures set forth in section
381171.093, Florida Statutes, as amended from time to time.
382     Section 14.  Dissolution.--The district shall exist until
383dissolved in the same manner as it was created.
384     Section 15.  Immunity from tort liability.--
385     (1)  The district and its officers, agents, and employees
386shall have the same immunity from tort liability as other
387agencies and subdivisions of the state. The provisions of
388chapter 768, Florida Statutes, shall apply to all claims
389asserted against the district.
390     (2)  The district commissioners and all officers, agents,
391and employees of the district shall have the same immunity and
392exemption from personal liability as is provided by chapter 768,
393Florida Statutes.
394     (3)  In accordance with chapter 768, Florida Statutes, the
395district shall defend all claims against the commissioners,
396officers, agents, and employees which arise within the scope of
397employment or purposes of the district and shall pay all
398judgments against said persons, except where said persons acted
399in bad faith or with malicious purpose or in a manner exhibiting
400wanton and willful disregard of human rights, safety, or
401property.
402     Section 16.  District expansion.--The corporate limits of
403the Key Largo Fire Rescue and Emergency Medical Services
404District may be extended and enlarged from time to time pursuant
405to the following procedure:
406     (1)(a)  A definitely described tract of land lying
407contiguous to the boundaries of the district described in
408section 1, or as the same may from time to time exist, or one or
409more tracts of land lying contiguous to the boundaries, or one
410or more tracts of land lying contiguous to each other with one
411of the tracts lying contiguous to the boundaries of the
412district, may be included in the district when a written
413petition for inclusion signed by a majority of the owners of the
414real property within the tract or tracts to be included in the
415district has been presented to the board of commissioners and
416the proposal has been approved by the affirmative vote of no
417fewer than three members of the board of commissioners at a
418regular meeting.
419     (b)  The petition must contain the legal description of the
420property sought to be added to the District and the names and
421addresses of the owners of the property.
422     (2)  If a proposal to add an area to the district as
423defined in subsection (1) is approved by the affirmative vote of
424no fewer than three members of the board of commissioners at a
425regular meeting, the board of commissioners shall thereafter
426adopt a resolution describing the lands to be included within
427the district and shall cause such resolution to be duly enrolled
428in the record of the meeting and a certified copy of the
429resolution to be recorded in the office of the Clerk of the
430Circuit Court in Monroe County.
431     (3)  Upon adoption of the resolution by the board, the
432district shall, pursuant to chapter 191, Florida Statutes,
433request its legislative delegation to approve said addition and
434sponsor legislation amending the district boundary. Upon
435approval by the Legislature, the boundary shall be amended.
436     (4)  In lieu of a petition from the property owners, the
437Board of County Commissioners of Monroe County by affirmative
438resolution and the Board of Commissioners of the Key Largo Fire
439Rescue and Emergency Medical Services District by affirmative
440resolution may jointly request its legislative delegation to
441approve the addition of land lying contiguous to the boundaries
442of the district and sponsor legislation amending the district
443boundary. Upon approval by the Legislature, the boundary shall
444be amended.
445     Section 17.  Construction.--This act shall be construed as
446remedial and shall be liberally construed to promote the purpose
447for which it is intended.
448     Section 18.  Effect.--In the event that any part of this
449act should be held void for any reason, such holding shall not
450affect any other part thereof.
451     Section 19.  This act shall take effect only upon its
452approval by a majority vote of those qualified electors of
453Monroe County voting in a referendum election to be called by
454the Board of County Commissioners of Monroe County and held on
455or before October 4, 2005, in accordance with the provisions of
456law relating to elections currently in force, except that this
457section shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.