HB 267

1	A bill to be entitled
2	An act relating to the East Naples Fire Control and
3	Rescue District, Collier County; amending chapter
4	2000-444, Laws of Florida, as amended by chapter 2004-
5	433, Laws of Florida, to revise the district's
6	charter; providing a savings clause for the district's
7	current authority to levy up to 1.5 millage; providing
8	for incorporation; providing that the district is an
9	independent special district; providing for charter
10	amendments; revising boundaries; providing for
11	annexation; revising provisions relating to the board
12	of commissioners; revising duties, powers, and
13	authority of the board; revising powers of the
14	district; providing for the financing of the district;
15	providing for bonds; providing for reimbursement to
16	the county when a referendum is required; providing
17	for impact fees; providing for the collection and
18	disbursement of such fees; providing for deposit of
19	taxes, assessments, and fees and authority to disburse
20	funds; providing for elections; requiring district
21	planning; providing for immunity from tort liability;
22	providing for dissolution procedures; providing for
23	exemption from taxation; providing for liberal
24	construction; providing for severability; providing an
25	effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1.  The charter of the East Naples Fire Control and
30	Rescue District, as created in section 2 of chapter 2000-444,
31	Laws of Florida, as amended by chapter 2004-433, Laws of
32	Florida, is amended to read:
33	Section 1.  Codification.-Pursuant to chapter 97-255, Laws
34	of Florida, this act constitutes the codification of all special
35	acts relating to the East Naples Fire Control and Rescue
36	District, an independent special fire control and rescue
37	district in Collier County, hereinafter referred to as the
38	"district." It is the intent of the Legislature in enacting this
39	law to provide a single, comprehensive special act charter for
40	the district, including all current legislative authority
41	granted to the district by its several legislative enactments
42	and any additional authority granted by this act. It is further
43	the intent of this act to preserve all district authority,
44	including the authority to assess annually and levy against the
45	taxable property in the district a tax not to exceed 1.5 mills
46	on the dollar of assessed valuation.
47	Section 2.  Corporate status.-All of the incorporated lands
48	in Collier County, as described in this act, shall be
49	incorporated into the district. The district shall be a public
50	municipal corporation under the name of the East Naples Fire
51	Control and Rescue District. The district is organized and
52	exists for all purposes set forth in this act and chapters 189
53	and 191, Florida Statutes. The district was created by special
54	act in 1961 and its charter may be amended only by special act
55	of the Legislature.
56	Section 3. 2.  Boundaries.-The lands to be incorporated
57	within (1)  A fire control district known as the East Naples
58	Fire Control and Rescue District, hereafter referred to as the
59	district, is hereby established to consist of the following
60	described lands in Collier County:
61	A.  Beginning at the northeast corner of the
62	Northwest quarter of Section 27, Township 49 South,
63	Range 25 East, thence along the north line of said
64	Section 27, east 45 feet to the east right-of-way line
65	of C-851 (also known as Goodlette-Frank Road), (which
66	right-of-way line lies 45 feet east of, measured at
67	right angles to, and parallel with the north and south
68	quarter section line of said Section 27), to the north
69	line of Lot 11, Naples Improvement Company's Little
70	Farms, Plat Book 2, Page 2; thence east to the east
71	section line of Section 27, Township 49 South, Range
72	25 East; then north along the east line of said
73	Section 27 to the northeast corner of said Section 27;
74	said point also being the southeast corner of Section
75	23 Township 49 South, Range 25 East thence east along
76	the north line of Section 26, Township 49 South, Range
77	25 East to a point 990.0 feet west of the west right-
78	of-way line of Airport Pulling Road; thence south 01
79	degrees 30 minutes 00 seconds east, 1320.0 feet;
80	thence north 89 degrees 25 minutes 40 seconds east,
81	660.0 feet; thence north 01 degrees 30 minutes 00
82	seconds west, 1320.0 feet to the north line of said
83	Section 26; thence east along said north line of
84	Section 26 to the west right of way line of Airport-
85	Pulling Road; to the south line of said Section 26
86	(said right-of-way line lying 50 feet west of the
87	southeast corner of said Section 26); thence westerly
88	along said south line to the southwest corner of said
89	Section 26; thence northerly along the west line of
90	said Section 26; to the southerly right-of-way line of
91	Golden Gate Parkway (100 feet wide); thence easterly
92	along said southerly right-of-way line to a point
93	lying 1220.00 feet west of the west line of said
94	Airport-Pulling Road; thence northerly parallel with
95	said west right-of-way line to the northerly right-of-
96	way line of said Golden Gate Parkway; thence westerly
97	along the north right-of-way of Golden Gate Parkway to
98	a point 620 feet east and 235.46 feet south of the
99	northwest corner of Lot 8, Naples Improvement
100	Company's Little Farms; thence north 235.46 feet to
101	the north line of Lot 8; thence west along said north
102	line 620 feet to the northwest corner of said Lot 8;
103	thence southerly to that angle point in said east
104	right-of-way line which lies on a line 400.00 feet
105	northerly of (measured at right angles to) and
106	parallel with the north line of Section 34, Township
107	49 South, Range 25 East; thence continuing along said
108	east right-of-way to the north line of Gordon River
109	Homes Subdivision; thence east along the north line of
110	Lots 50, 49, and 48 to a point 22.5 feet east of the
111	northwest corner of Lot 48; thence south parallel to
112	the west line of Lot 48 to the south line of Lot 48;
113	thence west along the south line of Lots 48, 49, and
114	50 to the east right-of-way line of Goodlette-Frank
115	Road; thence continuing along said east right-of-way
116	line, which line lies 100.00 feet east of, measured at
117	right angles to, and parallel with the north and south
118	quarter section line of said Section 34; thence
119	continuing along said east right-of-way line to a
120	point on the north line of the southwest quarter of
121	the northeast quarter of Section 34, Township 49
122	South, Range 25 East; thence continue on said right of
123	way line 460.0 feet; thence north 89 degrees 41
124	minutes 30 seconds east 494.99 feet; thence south 0
125	degrees 34 minutes 06 seconds east 615.88 feet to a
126	point of curvature; thence southwesterly 343.97 feet
127	along the arc of a tangential circular curve, concave
128	to the northwest have a radius of 243.97 feet and
129	subtended by a chord which bears south 44 degrees 33
130	minutes 25 seconds west 345.84 feet; thence south 89
131	degrees 41 minutes 30 seconds west 250.0 feet to the
132	easterly right of way line of Goodlette-Frank Road;
133	thence south along said right of way line to a point
134	48.41 feet south of the north line of the south half
135	of Section 34, Township 49 South, Range 25 East;
136	thence north 89 degrees 56 minutes 59 seconds east
137	249.79 feet; thence northeasterly 173.98 feet along
138	the arc of a circular curve concave to the northwest
139	having a radius of 293.97 feet and being subtended by
140	a chord which bears north 72 degrees 59 minutes 41
141	seconds east 171.46 feet; thence south 89 degrees 47
142	minutes 31 seconds east 808.79 feet; thence north 89
143	degrees 55 minutes 05 seconds east 993.64 feet to a
144	point on that bulkhead line as shown on Plate recorded
145	in Bulkhead Line Plan Book 1, Page 25 Collier County
146	Public Records, Collier County, Florida; thence run
147	the following courses along the said Bulkhead line,
148	47.27 feet along the arc of a non-tangential circular
149	curve concave to the west, having a radius of 32.68
150	feet and subtended by a chord having a bearing of
151	south 14 degrees 08 minutes 50 seconds east and a
152	length of 43.26 feet to a point of tangency; south 27
153	degrees 17 minutes 25 seconds west for 202.44 feet to
154	a point of curvature; 296.89 feet along the arc of a
155	curve concave to the southeast, having a radius of
156	679.46 feet and subtended by a chord having a bearing
157	of south 14 degrees 46 minutes 21 seconds west and a
158	length of 294.54 feet to a point of reverse curvature;
159	157.10 feet along the arc of a curve concave to the
160	northwest, having a radius of 541.70 feet, and
161	subtended by a chord having a bearing of south 10
162	degrees 33 minutes 47 seconds west and a length of
163	156.55 feet to a point of reverse curvature; 307.67
164	feet along the arc of a curve concave to the
165	northeast; having a radius of 278.30 feet, and
166	subtended by a chord having a bearing of south 12
167	degrees 47 minutes 59 seconds east and a length of
168	292.24 feet to a point of reverse curvature; 135.31
169	feet along the arc of a curve concave to the southwest
170	having a radius of 100.00 feet and subtended by a
171	chord having a bearing of south 05 degrees 42 minutes
172	27 seconds East and a length of 125.21 feet to a point
173	of tangency; thence South 33 degrees, 03 minutes, 21
174	seconds West for 295.10 feet; and South 33 degrees 27
175	minutes 51 seconds West 1.93 feet to the north line of
176	the River Park East Subdivision which is also the
177	north line of the south half of the southeast quarter
178	of Section 34, Township 49 South, Range 25 East;
179	thence along the north line of the south half of the
180	southeast quarter of said Section 34, easterly to the
181	west line of Section 35, Township 49 South, Range 25
182	East; thence along the west line of said Section 35,
183	northerly 1320 feet more or less to the northwest
184	corner of the south half of said Section 35; thence
185	along the north line of the south half of said Section
186	35, easterly to the west right-of-way line of State
187	Road No. 31 (Airport Road), which right-of-way lies
188	50.0 feet west of, measured at right angles to, and
189	parallel with the east line of said Section 35; thence
190	along said right-of-way line of State Road No. 31,
191	south 00 degrees 13 minutes 57 seconds west 1800 feet
192	more or less to a point on said west right-of-way
193	line, which lies north 00 degrees 13 minutes 57
194	seconds east 848.02 feet and south 89 degrees 46
195	minutes 03 seconds west 50.00 feet from the southeast
196	corner of said Section 35; thence continuing along
197	said west right-of-way line southerly 325.02 feet
198	along the arc of a tangential circular curve concave
199	to the east, radius 2914.93 feet, subtended by a chord
200	which bears south 2 degrees 57 minutes 43 seconds east
201	324.87 feet; thence continuing along said west right-
202	of-way line, tangentially south 6 degrees 09 minutes
203	22 second east 3.13 feet, thence southerly along a
204	curve concave to the southwest, having a central angle
205	of 6 degrees 23 minutes 18 seconds and a radius of
206	1860.08 feet, a distance of 207.34 feet; thence south
207	0 degrees 13 minutes 57 seconds west 313.03 feet more
208	or less to a point on the north line of and 20 feet
209	west of the northeast corner of Section 2, Township 50
210	South, Range 25 East; thence southeasterly, 300.7 feet
211	more or less to a point on the east line of said
212	Section 2 which point lies 300.0 feet south of the
213	northeast corner of said Section 2; thence along the
214	east line of the north half of said Section 2,
215	southerly to the southeast corner of the north half of
216	said Section 2; thence along the south line of the
217	north half of said Section 2; westerly to the
218	northeast corner of the southeast quarter of Section
219	3, Township 50 South, Range 25 East; thence southerly
220	along the east line of the southeast corner of said
221	Section 3 for a distance of 2013.98 feet; thence North
222	89 degrees 37 minutes 20 seconds East 662.04 feet;
223	thence South 00 degrees 17 minutes 20 seconds East
224	119.26 feet; thence South 89 degrees 27 minutes 40
225	seconds West 322.00 feet; thence South 00 degrees, 17
226	minutes 20 seconds East 10.00 feet; thence South 89
227	degrees 27 minutes 40 seconds West 68.00 feet; thence
228	South 00 degrees 17 minutes 20 seconds East 361.00
229	feet; thence North 89 degrees 27 minutes 40 seconds
230	East 68.00 feet; thence South 00 degrees 17 minutes 20
231	seconds East 140.00 feet; thence South 89 degrees 27
232	minutes 40 seconds West 221.81 feet; thence North 01
233	degrees 05 minutes 56 seconds West 6.99 feet; thence
234	westerly along the arc of a non-tangential circular
235	curve concave to the north having a radius of 370.00
236	feet through a central angle of 18 degrees 34 minutes
237	13 seconds and being subtended by a chord which bears
238	North 81 degrees 50 minutes 17 seconds West 119.40
239	feet for a distance of 119.92 feet to a point on the
240	east line of said Section 3; thence southerly along
241	the east line of Section 3, and along the east lines
242	of Sections 10, 15, 22, and 27, all in Township 50
243	South, Range 25 East, to the southeast corner of said
244	Section 27, Township 50 South, Range 25 East; thence
245	westerly along the south line of said Section 27,
246	Township 50 South, Range 25 East, and along the
247	western prolongation of said south line to a point
248	1,000 feet west of the mean low water line of the Gulf
249	of Mexico; thence southeasterly along said shoreline
250	to the south line of Section 3, Township 51 South,
251	Range 25 East, thence easterly along the south line of
252	said Section 3, Section 2, Section 1, Township 51
253	South; thence along the south corner of said Section
254	5; thence north along the east line of Section 5,
255	Township 51 South, Range 26 East; thence continue on
256	the north line of Section 25, 26 and part of Section
257	27, Township 49 South, Range 25 East to the point of
258	beginning and also,
259
260	B.  All those lands in Collier County described
261	as:  Sections 21, 22, 23, 26, 27, 28, 33, 34 and 35,
262	Township 50 South, Range 26 East; Section 2, 3, 4, 9,
263	10, 11, 12, 13, 14, 15, 16, 17, 18, 23, 24, 25, 26, 35
264	and 36, Township 51 South, Range 26 East; Sections 1,
265	2, 3 and those portions of Sections 10, 11, 12, and
266	13, Township 52 South, Range 26 East, that lie North
267	of the Marco River; those portion of Section 5, 6, 7
268	and 18, Township 52 South, Range 27 East, that lie
269	West and North of State Road 92; and Sections 7, 8,
270	16, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30 and 31,
271	Township 51 South, Range 27 East, and those portions
272	of Sections 32 and 33, Township 51 South, Range 27
273	East, that lie west and North of State Road 92,
274
275	C.  Less and except the North 1/2 of Section 2 of
276	Township 50 South, Range 25 East and the South 1/2 of
277	Section 35 of Township 49 South, Range 25 East.
278
279	D.  Less and except approximately 21.99 acres,
280	more or less:  A portion of Lots 7 through 9 of Naples
281	Improvement Company's Little Farms as recorded in Plat
282	Book 2 at page 2 of the Public Records of Collier
283	County, Florida, being more particularly described as
284	follows:
285
286	Commence at the intersection of the East right-
287	of-way of Goodlette-Frank Road (C.R. 851) and the
288	South right-of-way of Golden Gate Parkway; thence run
289	along said South right-of-way for the following four
290	(4) courses:
291
292	1)  thence run North 44°42'45" East, for a
293	distance of 35.36 feet;
294
295	2)  thence run North 89°42'45" East, for a
296	distance of 122.57 feet;
297
298	3)  thence run North 80°12'12" East, for a
299	distance of 159.63 feet;
300
301	4)  to a point on a circular curve concave
302	northwest, whose radius point bears North 11°26'26"
303	West, a distance of 813.94 feet therefrom; thence run
304	Northeasterly along the arc of said curve to the left,
305	having a radius of 813.94 feet, through a central
306	angle of 22°36'33", subtended by a chord of 319.10
307	feet at a bearing of North 67°15'18" East, for an arc
308	length of 321.18 feet to the intersection of the South
309	right-of-way of said Golden Gate Parkway and the West
310	line of the East 338.24 feet of the West 958.34 feet
311	of Lot 7 of Naples Improvements Company's Little Farms
312	Subdivision as recorded in Plat Book 2 at page 2 of
313	the Public Records of Collier County, Florida, also
314	being the point of beginning of the parcel of land
315	herein described; thence run South 00°16'32" East,
316	along the West line of the East 338.24 feet of the
317	West 958.34 feet of said Lot 7, for a distance of
318	302.90 feet to a point on the South line of said Lot
319	7; thence run along said South line for the following
320	two (2) courses:
321
322	1)  thence run North 89°41'51" East, for a
323	distance of 338.41 feet;
324
325	2)  thence run North 89°50'24" East, for
326	approximately 850 feet to a point on the mean high
327	water line of the west bank of Gordon River, said
328	point herein called Point "A". thence return to the
329	aforementioned point of beginning. thence run along
330	the south right-of-way of said Golden Gate Parkway for
331	the following four (4) courses:
332
333	1)  beginning at a point on a circular curve
334	concave northwest, whose radius point bears North
335	34°02'58" West a distance of 813.94 feet therefrom;
336	thence run Northeasterly along the arc of said curve
337	to the left, having a radius of 813.94 feet, through a
338	central angle of 05°09'09", subtended by a chord of
339	73.17 feet at a bearing of North 53°22'27" East, for
340	an arc length of 73.20 feet to the end of said curve;
341
342	2)  thence run North 50°47'53" East, for a
343	distance of 459.55 feet
344
345	3)  to the beginning of a tangential circular
346	curve concave south; thence run Easterly along the arc
347	of said curve to the right, having a radius of 713.94
348	feet; through a central angle of 38°52'20"; subtended
349	by a chord of 475.13 feet at a bearing of North
350	70°14'03" East, for an arc length of 484.37 feet to
351	the end of said curve;
352
353	4)  thence run North 89°40'13" East, for
354	approximately 724 feet to a point on the mean high
355	water line of the west bank of Gordon River; thence
356	meander Southwesterly along the mean high water line
357	for approximately 900 feet to the aforementioned Point
358	"A" and the point of ending.
359
360	E.  Less and except approximately 112.82 acres,
361	more or less:  All of East Naples Industrial Park,
362	according to the plat thereof recorded in Plat Book
363	10, Pages 114 and 115, of the Public Records of
364	Collier County, Florida; all of East Naples Industrial
365	Park Replat No. 1, according to the Plat thereof
366	recorded in Plat Book 17, Pages 38 and 39, of the
367	Public Records of Collier County, Florida; and the
368	Northerly 200 feet of the Southerly 510 feet of the
369	Easterly 250 feet of the Northeast ¼ of Section 35,
370	Township 49 South, Range 25 East, Collier County,
371	Florida, less and excepting the Easterly 50 feet
372	thereof.
373
374	F.  Less and except approximately 6.17 acres,
375	more or less:  All that part of Lots 12, 13, and 14,
376	Naples Improvement Company's Little Farms, as recorded
377	in Plat Book 2, Page 2 of the Public Records of
378	Collier County, Florida, being more particularly
379	described as follows:
380
381	Commencing at the Southwest corner of Lot 12, thence
382	along the South line of said Lot 12, North 89°26'51"
383	East 20.00 feet to the East right-of-way line of
384	Goodlette-Frank Road; thence along the East right-of-
385	way line North 00°39'49" East 10.00 feet to the Point
386	of Beginning of the herein described parcel; thence
387	continue along said East right-of-way North 00°39'49"
388	West 580.00 feet; thence leaving said East right-of-
389	way North 89°20'11" East 260.12 feet; thence North
390	59°31'13" East, 153.66 feet; thence South 30°28'42"
391	East, 119.01 feet; thence South 00°33'09" East, 554.02
392	feet to a line lying 10 feet North of and parallel
393	with said South line of Lot 12; thence along the said
394	parallel line South 89°26'51" West, 451.54 feet to the
395	point of beginning of the herein described parcel.
396
397	Bearings are based on the said East line Goodlette-
398	Frank Road being North 00°33'49" East.
399
400	G.  Less and except approximately 12.77 acres,
401	more or less:  The West one-half (W1/2) of the
402	Northwest one-quarter (NW 1/4) of the Northwest one-
403	quarter (NW 1/4) of Section 11, Township 50 South,
404	Range 25 East, lying South of State Road 90 (Tamiami
405	Trail, U.S. 41), in Collier County, Florida, except
406	the South 264 feet, and
407
408	All that part of the South 264 feet of the Southwest
409	one-quarter (SW 1/4) of the Northwest one-quarter (NW
410	1/4) of the Northwest one-quarter (NW 1/4) of Section
411	11, Township 50 South, Range 25 East, in Collier
412	County, Florida, lying north of the northline of
413	Walker's Subdivision as delineated on a Plat of record
414	in plat book 1, at page 36, of the Public Records of
415	Collier County, Florida.
416
417	TOGETHER WITH:
418
419	Lots 1 to 8, inclusive, COL-LEE-CO TERRACE, according
420	to plat in Plat Book 1, Page 32, Public Records of
421	Collier County, Florida.
422
423	LESS AND EXCEPT:
424
425	Those parcels described in Official Records Book 1969,
426	Page 977, and Official Records Book 2119, Page 1344
427	both of the Public Records of Collier County, Florida.
428
429	H.  Less and except approximately 6.16 acres,
430	more or less:  Being a part of Estuary at Grey Oaks
431	Roadway, Clubhouse and Maintenance Facility Tract,
432	Plat Book 36, pages 9-16, Estuary at Grey Oaks Tract
433	B, Plat Book 37, pages 13-18 and part of Section 26,
434	Township 49 South, Range 25 East, Collier County,
435	Florida.
436
437	All that part of Estuary at Grey Oaks Roadway,
438	Clubhouse and Maintenance Facility Tracts according to
439	the plat thereof as recorded in Plat Book 36, pages 9-
440	16, Estuary at Grey Oaks Tract B according to the plat
441	thereof as recorded in Plat Book 37, pages 13-18,
442	Public Records of Collier County, Florida, and part of
443	Section 26, Township 49 South, Range 25 East, Collier
444	County, Florida being more particularly described as
445	follows;
446
447	Commencing at the northwest corner of Tract M of said
448	Estuary at Grey Oaks Roadway, Clubhouse and
449	Maintenance Facility Tracts;
450
451	Thence along the west line of said Tract M South
452	00°East 613.48 feet to the Point of Beginning of the
453	parcel herein described;
454
455	Thence continue South 00°20'09" East 406.67 feet;
456
457	Thence North 89°24'29" West 660.00 feet;
458
459	Thence North 00°20'09" West 406.66 feet to a point on
460	the boundary of Golf Course Tract 1 of said Estuary at
461	Grey Oaks Tract B;
462
463	Thence along said boundary South 89°24'33" East 660.00
464	feet to the Point of Beginning of the parcel herein
465	described;
466
467	Bearings are based on the west line of said Tract M
468	being South 00°20'09" East.
469	(2)  In the event that property in the district is annexed
470	by the City of Naples between January 1 and July 1 of any year,
471	the property shall be regarded as removed from the East Naples
472	Fire Control and Rescue District as of January 1 of that year
473	for the purpose of the levy of general ad valorem taxes by the
474	district. If annexation occurs after July 1, the property shall
475	be assessed by the district for ad valorem taxes for that year.
476	On and after the effective date of annexation, the district
477	shall be relieved of providing fire service to the annexed area.
478	The city and the district may reach an agreement to determine
479	what portion, if any, of the existing indebtedness or property
480	of the district shall be assumed by the municipality of which
481	the annexed territory will become a part, the fair value of such
482	indebtedness or property, and the manner of transfer and
483	financing. Nothing herein shall relieve the property annexed
484	from the payment of general obligation debt service incurred by
485	the district before annexation.
486	Section 4.  Annexation.-Chapter 171, Florida Statutes,
487	shall apply to all annexations by a municipality within the
488	district's boundaries.
489	Section 5.  Governing board.-
490	(1)  In accordance with chapter 191, Florida Statutes, the
491	business and affairs of the district shall be conducted and
492	administered by a five-member board of fire commissioners
493	elected pursuant to chapter 191, Florida Statutes, by the
494	electors of the district in a nonpartisan election held at the
495	time and in the manner prescribed for holding general elections
496	in section 189.405(2)(a), Florida Statutes. Each member of the
497	board shall be elected for a term of 4 years and shall serve
498	until his or her successor assumes office.
499	(2)  The office of each board member is designated as a
500	seat on the board, distinguished from each of the other seats by
501	a numeral: 1, 2, 3, 4, or 5. Each candidate must designate, at
502	the time he or she qualifies, the seat on the board for which he
503	or she is qualifying. The name of each candidate who qualifies
504	shall be included on the ballot in a way that clearly indicates
505	the seat for which he or she is a candidate. The candidate for
506	each seat who receives the most votes shall be elected to the
507	board.
508	(3)  In accordance with chapter 191, Florida Statutes, each
509	member of the board must be a qualified elector at the time he
510	or she qualifies and continually throughout his or her term.
511	Section 3.  The governing body of the district board shall
512	be a board of five commissioners who are residents of the
513	district who shall be elected as are county officers and who
514	shall qualify and run for office as provided for by general law.
515	For purposes of qualification and running for office, the
516	commission seats shall be designated as number 1, 2, 3, 4, and
517	5. Within 15 days after any commissioner takes office, the
518	district board shall meet and elect a chair and secretary-
519	treasurer. Each member of the district board shall receive, from
520	the funds of the district, compensation for his or her services
521	as provided for by general law.
522	(4)  Section 4.  Each elected member shall assume office 10
523	days after the member's election. Within 60 10 days after the
524	newly elected members have taken office, election and
525	qualification of its members the board shall meet and elect from
526	its membership a chair, a vice chair, and president, a secretary
527	and a treasurer or a secretary-treasurer.
528	(5)  Members of the board may each be paid a salary or
529	honorarium to be determined by at least a majority plus one vote
530	of the board, pursuant to chapter 191, Florida Statutes.
531	(6)  If a vacancy occurs on the board due to the
532	resignation, death, or removal of a board member or the failure
533	of anyone to qualify for a board seat, the remaining members may
534	appoint a qualified person to fill the seat until the next
535	general election, at which time an election shall be held to
536	fill the vacancy for the remaining term, if any. The board shall
537	remove any member who has three consecutive, unexcused absences
538	from regularly scheduled meetings. The board shall adopt
539	policies by resolution defining excused and unexcused absences.
540	(7)  The procedures for conducting district elections or
541	referenda and for qualification of electors shall be pursuant to
542	chapters 189 and 191, Florida Statutes.
543	(8)  The board shall have those administrative duties set
544	forth in this act and chapters 189 and 191, Florida Statutes.
545	Section 5.  The business affairs of the district shall be
546	administered and conducted by the board. It shall have the
547	authority, for and on behalf of the district, to establish,
548	equip, operate, and maintain a fire department and rescue squad
549	within the district and shall buy, lease, sell, exchange, or
550	otherwise acquire and dispose of firefighting equipment and
551	other property, real, personal, or mixed, that it may from time
552	to time deem necessary to prevent and extinguish fire or provide
553	rescue services within the district, which services may include
554	transportation to a health facility when authorized by the Board
555	of County Commissioners of Collier County under emergency
556	conditions as may be prescribed by the board of county
557	commissioners. This shall include, but not be limited to, the
558	authority to provide water, water supply, water stations, and
559	other necessary buildings; accept gifts or donations of
560	equipment or money for the use of the district; and to do all
561	things necessary to provide for an adequate water supply, fire
562	prevention, and proper fire protection for the district. In
563	addition, the board shall have the authority to extend its
564	services outside the district when provided in cooperation with
565	another governmental entity.
566	Section 6.  The board shall have the power to hire
567	necessary firefighting personnel who shall serve at its
568	pleasure.
569	Section 7.  The board shall have authority to inspect all
570	property and investigate for fire hazards.
571	(9)  Section 8.  The board is authorized to promulgate
572	rules and regulations for the prevention of fire and for fire
573	control in the district, which rules and regulations shall have
574	the same force and effect as law 10 days after copies thereof
575	executed by the chair president and secretary of the board have
576	been posted in at least three public places.
577	(10)  A quorum of the board shall be a majority of its
578	members. In order to take official action, an affirmative vote
579	of a majority of those voting members present shall be required.
580	Section 6.  Powers of the district.-The district shall have
581	all powers and duties granted by this act and chapters 189 and
582	191, Florida Statutes.
583	Section 7.  Finances.-
584	(1)  The powers, functions, and duties of the district
585	regarding ad valorem taxation, bond issuance, and other revenue-
586	raising capabilities, including non-ad valorem assessments and
587	user and impact fees, budget preparation and approval, liens and
588	foreclosure of liens, use of tax deeds and tax certificates as
589	appropriate for ad valorem taxes and non-ad valorem assessments,
590	and contractual agreements and the methods for financing the
591	district and for collecting non-ad valorem assessments, fees, or
592	service charges shall be as set forth in this act, in chapters
593	170, 189, 191, 197, and 219, Florida Statutes, and in any
594	applicable general or special law.
595	(2)  The district shall levy and collect ad valorem taxes
596	in accordance with section 191.009 and chapter 200, Florida
597	Statutes. The taxes levied and assessed by the district shall be
598	a lien upon the land so assessed along with the county taxes
599	assessed against such land until such assessments and taxes have
600	been paid, and if the taxes levied by the district become
601	delinquent, such taxes shall be considered a part of the county
602	tax subject to the same penalties, charges, fees, and remedies
603	for enforcement and collection and shall be enforced and
604	collected as provided by general law for the collection of such
605	taxes. The district shall have the authority to levy a millage
606	rate up to 1.5 mills that was previously approved by referendum
607	as required by the Florida Constitution and chapter 191, Florida
608	Statutes, within the boundaries of the district. Nothing in this
609	act shall prevent the district from levying a millage rate as
610	provided for in section 191.009, Florida Statutes, or a millage
611	rate that has been approved by referendum.
612	(3)  The board shall annually make an itemized estimate of
613	the amount of money required to carry out the provisions of this
614	act for the next fiscal year of the board, which fiscal year
615	shall be from October 1 through September 30. The estimate shall
616	state the purpose for which the money is required and the amount
617	necessary to be raised by taxation within the district. Such
618	budget and proposed millage rate shall be noticed, heard, and
619	adopted in accordance with chapters 192 and 200, Florida
620	Statutes.
621	(4)  The methods for assessing and collecting non-ad
622	valorem assessments, fees, or service charges shall be as set
623	forth in this act, chapter 170, chapter 189, chapter 191, or
624	chapter 197, Florida Statutes.
625	(5)  Requirements for financial disclosure, meeting
626	notices, reporting, public records maintenance, and per diem
627	expenses for officers and employees shall be as set forth in
628	this act and chapters 112, 119, 189, 191, and 286, Florida
629	Statutes.
630	Section 9.  For the purpose of carrying into effect this
631	law the board shall annually during the month of June, make an
632	itemized estimate of the amount of money required to carry out
633	the provisions of this act for the next fiscal year of said
634	board, which fiscal year shall be from April 1 to and including
635	the next succeeding March 31, which estimate shall show for what
636	purpose the moneys are required and the amount necessary to be
637	raised by taxation within the district, and shall be presented
638	in writing, signed by the president and the secretary to the
639	Board of County Commissioners of Collier County on or before the
640	first Monday in July of each year. Prior to the presentation of
641	such estimate to the Board of County Commissioners of Collier
642	County, copies of the itemized estimate, signed by the president
643	and secretary of the board, shall be posted in at least three
644	public places within the district, and at the time of the
645	presentation of such estimate the board shall also present to
646	the Board of County Commissioners of Collier County a
647	certificate of the board that copies of such estimate have been
648	posted as provided herein.
649	Section 10.  Upon receipt of such estimate and certificate
650	of posting the said board of county commissioners shall cause
651	the same to be recorded in the minutes of the county
652	commissioners' meeting, and at the time of making and fixing the
653	rate of annual taxation for county purposes, shall fix and cause
654	to be levied on all property of said district, real and
655	personal, a millage sufficient to meet the requirements of the
656	estimate, provided however, the total millage shall not exceed 1
657	1/2 mills. Subject to the provisions of chapter 82-281, Laws of
658	Florida, this act shall take effect only when approved by a
659	majority of the qualified electors residing within the area of
660	the boundaries of the East Naples Fire Control District, voting
661	in a referendum election to be called by the Board of County
662	Commissioners of Collier County, in accordance with the
663	provisions of the law relating to elections currently in force
664	in Collier County, except that this section shall take effect
665	upon becoming a law on March 18, 1982.
666	Section 11.  Taxes herein provided for shall be assessed
667	and collected in the same manner as provided for the assessment
668	and collection of county taxes and subject to the same
669	commission and fees for assessing and collecting as for the
670	assessment and collection of county taxes except as herein
671	otherwise provided.
672	Section 12.  When the tax collector has collected the taxes
673	provided for by this act he or she shall on or before the 10th
674	day of each month report to the secretary of the board the
675	collection made for the preceding month and remit the same to
676	the treasurer of the board.
677	Section 13.  All warrants for the payment of labor,
678	equipment, materials, and other allowable expenses incurred by
679	the board in carrying out the provisions of this act shall be
680	payable by the treasurer of the board on accounts and vouchers
681	approved by the board.
682	Section 14.  The treasurer of the board when entering upon
683	his or her duties shall give a good and sufficient bond to the
684	Governor in the sum of $3,000 for the faithful performance of
685	his or her duties as treasurer.
686	Section 15.  The treasurer shall on or before April 10 and
687	October 10 of each year make a written semiannual report of
688	receipts and expenditures of the funds of the district to the
689	board. He or she shall furnish a copy of said report to the
690	board of county commissioners.
691	Section 16.  Subject to the original provisions of chapter
692	61-2034, Laws of Florida, not be effective until the same is
693	ratified by a majority of the qualified electors of the district
694	who vote in an election called by the board of county
695	commissioners for ratification or rejection. In the event of
696	ratification this act shall become effective immediately.
697	Section 17.  This act shall be construed as a remedial act
698	and shall be liberally construed to promote the purpose for
699	which it is intended.
700	Section 8. 18.  Bonds, notes, and certificates of
701	indebtedness.-The district shall have the power to issue general
702	obligation bonds, notes, or certificates of indebtedness
703	pledging the full faith, credit, and taxing power of the
704	district consistent with the purposes for capital projects of
705	the district in accordance with chapter 189 or chapter 191,
706	Florida Statutes, or any other applicable general law.
707	Section 19.  The district shall have the authority to
708	exercise the power of eminent domain, pursuant to chapters 73
709	and 74, Florida Statutes, over any property located within the
710	district, except municipal, county, state, and federal property,
711	for the purpose of acquiring property for the location of fire
712	stations. The location and construction of fire stations shall
713	comply with applicable Collier County ordinances.
714	Section 20.  Whenever a referendum is required under the
715	provisions of this act, the district shall reimburse the county
716	for the cost of such election.
717	Section 9. 21.  Impact fees.-
718	(1)  The district shall have the authority to charge and
719	collect impact fees for capital improvements on new construction
720	within the district as prescribed in chapter 191, Florida
721	Statutes, or any other applicable general law.
722	(2)  No person shall issue or obtain a building permit for
723	new residential dwelling units or new commercial or industrial
724	structures within the district, or issue or obtain construction
725	plan approval for new mobile home developments located within
726	the district, until the developers thereof have paid to the
727	district the applicable impact fees for capital improvements
728	hereinafter set forth. Impact fees for capital improvements to
729	be assessed and collected hereunder shall be pursuant to the
730	Collier County 2005 First/Rescue Services Impact Fee Update
731	Study or subsequent impact fee study pursuant to section
732	191.009(4), Florida Statutes.
733	(3)  The district shall comply with the requirements in
734	sections 163.31801 and 191.009(4), Florida Statutes, in its
735	collection and use of impact fees. New facilities and equipment
736	shall be as provided for in section 191.009(4), Florida
737	Statutes.
738	(4)  The board shall determine the maximum amount of impact
739	fees to be assessed in any one fiscal year. This determination
740	shall be made before the next fiscal year. The board's
741	determination of the amount of the impact fee to be assessed in
742	any one fiscal year shall be based on the requirements set forth
743	in this section.
744	(5)  The district is authorized to enter into agreements
745	regarding the collection of impact fees.
746	Section 10.  Deposit of taxes, assessments, and fees;
747	authority to disburse funds.-
748	(1)  The funds of the district shall be deposited in
749	qualified public depositories, in accordance with chapters 191
750	and 280, Florida Statutes.
751	(2)  All warrants for the payment of labor, equipment, and
752	other expenses of the board, and in carrying into effect this
753	act and the purposes thereof, shall be payable by the treasurer
754	of the board on accounts and vouchers approved and authorized by
755	the board.
756	Section 11.  Elections.-
757	(1)  When a referendum or special election is required
758	under this act, the district shall reimburse the county for the
759	costs of such election.
760	(2)  The procedures for conducting any district elections
761	or referendum required and the qualifications of any elector of
762	the district shall be as set forth in chapters 189 and 191,
763	Florida Statutes, except as provided in this act.
764	Section 12.  Planning.-The district's planning requirements
765	shall be as set forth in this act and chapters 189 and 191,
766	Florida Statutes.
767	Section 13.  Immunity from tort liability.-
768	(1)  The district and its officers, agents, and employees
769	shall have the same immunity from tort liability as other
770	agencies and subdivisions of the state. Chapter 768, Florida
771	Statutes, shall apply to all claims asserted against the
772	district.
773	(2)  The district commissioners and all officers, agents,
774	and employees of the district shall have the same immunity and
775	exemption from personal liability as provided by general law for
776	state, county, and municipal officers.
777	(3)  The district shall defend all claims against its
778	commissioners, officers, agents, and employees that arise within
779	the scope of employment or purposes of the district and shall
780	pay all judgments against such persons, except where such
781	persons acted in bad faith or with malicious purpose or in a
782	manner exhibiting wanton and willful disregard of human rights,
783	safety, or property.
784	Section 14.  Miscellaneous.-
785	(1)  The district shall exist until the Legislature
786	approves a special act providing for its dissolution, and such
787	special act is contingent upon approval by the electors of the
788	district.
789	(2)  The district's property and assets are exempt from
790	taxation pursuant to section 191.007, Florida Statutes.
791	Section 15.  Liberal construction.-It is intended that the
792	provisions of this act shall be liberally construed for
793	accomplishing the work authorized and provided for by this act,
794	and where strict construction would result in the defeat of the
795	accomplishment of any part of the work authorized by this act,
796	and a liberal construction would permit or assist in the
797	accomplishment of any part of the work authorized by this act,
798	the liberal construction shall be chosen.
799	Section 16.  Severability.-If any section, subsection,
800	sentence, clause, or phrase of this act is held to be
801	unconstitutional, such holding shall not affect the validity of
802	the remaining portions of the act, the Legislature hereby
803	declaring that it would have passed this act and each section,
804	subsection, sentence, clause, and phrase thereof, irrespective
805	of any separate section, subsection, sentence, clause, or phrase
806	thereof, and irrespective of the fact that any one or more other
807	sections, subsections, sentences, clauses, or phrases thereof
808	may be declared unconstitutional.
809	Section 2.  This act shall take effect upon becoming a law.

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