Agenda 01/25/2011 Item #10H
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1/25/2011 Item 10.H.
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EXECUTIVESUM~Y
Recommendation to review the proposed legislation created to provide a process for
consolidation of the independent fIre control and rescue districts in Collier County
OBJECTIVE: For the Collier County Board of County Commissioners (BCC) to review
the proposed legislation (attached) that provides a process for volunteer consolidation of
one or more independent fire districts into the Southwest Florida Fire Control and Rescue
District (SWFFCD).
CONSIDERATION: The Collier County Legislative Delegation voted 11DRnimously on
November 23, 2010 to move the proposed local bill forward however at least three
members, including State Senator Garrett Richter, St~te Representative KatPJeen
Passidomo and State Representative Jeanette Nunez, expressed interest in knowing the
position of the Board of County Commissioners prior to any further action.
The proposed bill in this executive summary is the fourth version circulating with the
intent of being filed by the start of the 2011 Legislative Session.
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The local bill provides for a referendum to merge prior to the district becoming
operational (Section 20) and referendum language for an independent fire district that
elects to seek to consolidate into the SWFFCD after the SWFFCD becomes operational
(Section 21). The revised bill eliminates the non-ad valorem assessment referendum
provision. There will no longer be any vote on non-ad valorem assessments in the initial
election. If the new district wants this authority, it will be required to hold a referendum
at a future date pursuant to current Florida law. Section 8 of the bill has been revised to
reflect this change as well. The new district will be required to receive this authority just
like every other fire district.
One of three options will be presented to the voters of the independent district that are
being asked to approve consolidation. If one independent district seeks to consolidate
with the SWFFCD, the district can choose one of the three referendum options to its
voters. If two or more districts seek to consolidate at the same time and the districts
cannot agree on a referendum option then option 3 shall be the referendum question
presented to the electors.
e Opti.on 1: Shall your independent district merge with the SWFFCD provided the
SWFFCD is granted the authority to levy an ad valorem millage rate up to the
maximum amount previously approved within the independent district?
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· Option 2: Shall your independent district merge with the SWFFCD provided the
SWFFCD is granted the authority to levy an ad valorem millage rate up to 3.75 mills?
The SWFFCD shall not charge an ad valorem rate higher than the millage rate
previously approved within the independent district for five fiscal years after which
the SWFFCD may increase the millage by 0.5 mills every five years up to the
maximum 3.75 mills unless a greater increase in the rate is approved by the voters.
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1/25/2011 Item iO.H.
. If more than one district is voting, the maximum millage rate that would be included in
the merger referendum for either Option 1 or 2 would be determined by:
Multiplying the maximum millage rate allowed in each independent district by taxable
property value; the total revenue would be added together to arrive at a total revenue
amount for the SWFFCD; the combined revenue amount would be divided by the
combined taxable value of each independent district to arrive at a millage rate necessary
to generate that amount of revenue; this millage would then be adjusted by the growth in
per capita Florida personal income to arrive at an adjusted millage rate which would then
be multiplied by 1.10 to arrive at a maximum starting millage rate for the SWFFCD,
which would be included in the referendum question.
Options 1 or 2 could result in an increase in the maximum millage rate, depending on
which districts seek to consolidate into the SWFFCD.
Example (provided by North Naples Fire District)
Sample Numbers Based on Preliminary Taxable Values for 2009:
NNFD Final Taxable Property Value 2010:
Maximum Millage Rate Allowable
$25,304,081,978
x 1 Mil
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Maximum Revenue Which Could Be Generated - NNFD
$25,304,082
$ 6,657,956,226
x 1.50 Mils
GGFD Final Taxable Property Value 2010:
Maximum Millage Rate Allowable
Maximum Revenue Which Could Be Generated - GGFD
Combined Maximum Revenue
$ 9,986,934
($25,304,082 + $9,986,934) = $35,291,016
Combined Taxable Property Value
($25,304,081,978 + $6,657,956,226)
= $31,962,038,204
Millage Rate to Generate Maximum Revenue
1.1042
Multiplied by growth in per capita Florida Personal Income
(2009 figure used)
x 1.0250
Adjusted Millage Rate
Final Adjustment (1.10 per statute)
1.1318
x 1.10
Final Maximum Millage Rate of New District
1.2450
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1/25/2011 Item 10.H.
. Option 3: Shall your independent district merge with the SWFFCD provided the
SWFFCD is granted the authority to levy an ad valorem millage rate up to the
maximum amount previously approved within the independent district?
If an independent district seeks to merge after the SWFFCD becomes operational, the
millage included in the referendum question shall either be the millage rate currently
levied by the SWFFCD; the maximum ad valorem rate previously approved by
referendum of the SWFFCD; or the maximum rate previously approved at referendum by
the merging independent district, whichever is lower.
Additional provisions:
.;. The bill does not provide for any merger but only provides for a process and
framework for mergers in the future. The bill provides the framework for
independent districts to consolidate into ONE independent district.
· The bill provides for one referendum for those special districts opting to vote on
the merger prior to its operational date. This is intended to avoid having different
referendum dates for each of the special districts.
· SWFFCD becomes operational only if an independent district elects to merge
with it and the merger is approved by a majority of residents of the district at
referendum. Only those independent districts whose electors approve the merger
may merge into the new district.
· After SWFFCD becomes operational, any independent district that subsequently
elects to merge must have the merger approved at referendum by its residents.
The SWFFCD residents would not vote on the merger.
. The bill as currently written does not directly impact Collier EMS operations.
. There is no provision in the legislation that requires the county to transfer
Emergency Medical Services (EMS) to the fire districts if all the fire districts
consolidated.
· The SWFFCD would still need a COPCN from Collier County and a license from
the state if it wanted to provide emergency medical services.
· The SWFFCD shall have the authority to appoint a fire marshal.
· The SWFFCD is authorized to assess and collect impact fees on new construction
within the district.
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1/25/2011 Item lO.H.
The County Attorney's Office has provided a memorandum that includes a review of the
proposed bill (attached).
FISCAL IMP ACT: There is no fiscal impact. associated with this executive Sllmmary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and
requires a simple majority vote (supporting or opposing the bill). -JW
GROWTH MANAGEMENT IMP ACT: There is no growth management impact
associated with this executive summary.
RECOMMENDATION: That the Board of County Commissioners reviews the
proposed legislation created to provide a process for consolidation of the independent fire
control and rescue districts into a single district and determines whether the BCC position
is to support or oppose the local bill.
Prepared by Debbie Wight, Legislative Affairs Coordinator, and John Torre, Director of
Corporate Communications and Governmental Affairs, County Manager's Office
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1/25/2011 Item 10.H.
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.H.
Item Summary: Recommendation to review the proposed legislation created to provide a
process for consolidation of the independent fire control and rescue districts in Collier County.
Meeting Date: 1/25/2011
Prepared By
Name: CurranJanet
Title: Supervisor - Operations, Communication & Customer Relations
1/12/20112:19:03 PM
Submitted by
Title: Legislative Affairs Coordinator,
Name: WightDebbie
1/12/20i 12:19:04 PM
Approved By
Name: TorreJohn
Title: Director - Commun. & Customer Relations,Communication & Customer Relations
Date: 1/13/20113:48:58 PM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 1/13/20113:53:14 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 1/14/201111:08:40 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/14/20111:13:54 PM
. Name: OchsLeo
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1/25/2011 Item 10.H.
Title: County Manager
Date: 1/19/2011 11:51:07 AM
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1/25/2011 Item 10.H.
Draft 1-14-11 (draft presented to the delegation plus the removal of the non-ad valorem assessment
referendum and glitch related to voting and transfer of powers)
A bill to be entitled
An act relating to the Southwest Fire Control and
Rescue District, Collier County; creating the district as
an independent special district; providing for future
merger of districts; providing legislative intent;
providing purpose of the district; providing boundaries;
providing for a governing body; providing powers of the
district; providing that the district may levy ad valorem
taxes and non-ad valorem assessments; authorizing the
district to borrow money; providing for impact fees;
providing for elections; providing that the district may
exercise the power of eminent domain; providing for effect
of municipal annexation or incorporation; providing
immunity from tort liability; providing for transition;
providing for transfer of powers; providing for a.
referendum on merger of districts; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Legislative findings.-Collier County is compiised of 2,032 square miles with
three municipalities and a large unincorporated area within the developed portion of the
county. In addition to county and municipal governments, there are five independent
special fire control and rescue districts that provide fire and rescue services to
unincorporated areas in Collier County. They are the Big Corkscrew Independent
Special Fire Control and Rescue District, the East Naples Fire Control and Rescue
District, the Golden Gate Fire Control and Rescue District, the Immokalee Fire Control
and Rescue District, and the North Naples Fire Control and Rescue District. As a result
of having five independent special fire control and rescue districts providing similar
services, decreasing revenues and increasing costs of providing such services, the
Legislature intends to create a voluntary process allowing the existing independent
special fire control and rescue districts in Collier County to merge their existing
operations into a newly created independent special fire control district. The Legislature
recognizes that although general law allows for the merger of independent special fire
control and rescue districts, it is silent as to the process that must be followed. It is the
intent of the Legislature that the new district does not become operational until an
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1/25/2011 Item 10.H.
Draft 1-14-11 (draft presented to the delegation plus the removal of the non-ad valorem assessment
referendum and glitch related to voting and transfer of powers)
existing independent special fire control and rescue district elects to merge into it and
such merger is approved at referendum by the residents of the electing independent
special fire control and rescue district. This new consolidated independent special fire
control district may provide the future opportunity for the provision of fire and rescue
services at the highest level of services in Collier County with uniform countywide
standards as this act allows for the future transfer of areas currently served by municipal
service taxing units or municipalities into the district. The special district created
pursuant to this act is a separate governmental entity independent of Collier County,
any municipality in Collier County, or any other independent special fire control and
rescue district in Collier County.
Section 2. Creation; survival; operations.-
(1) Pursuant to chapters 189 and 191, Florida Statutes, there is created the
Southwest Florida Fire Control and Rescue District, an independent special fire control
and rescue district and body corporate and politic located in Collier County, hereinafter
referred to as either the "district" or "SWFFCD." Although the district is created by this
act, the district will only become operational pursuant to subsection (4).
(2) All current legislative authority granted to any independent special fire control
and rescue district or districts electing to merge with SWFFCD shall survive the merger
with the district and shall be powers of the district, including the ability to levy an ad
valorem millage rate as authorized by the Legislature and previously approved by
referendum of the electing independent special fire control and rescue district or
districts.
(3) An independent special fire control and rescue district electing to merge with
the SWFFCD shall adopt a resolution stating its desire to merge with the SWFFCD
resulting in the SWFFCD providing service to its qualified electors if approved by the
residents of the independent special fire control and rescue district that adopted the
resolution. An independent special fire control and rescue district that makes such
election prior to the district becoming operational pursuant to subsection (4) shall
include within its resolution the referendum question that is to be presented as provided
in section 20. If more than one independent special district elects to merge with the
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1/25/2011 Item 10.H.
Draft 1-14-11 (draft presented to the delegation plus the removal of the non-ad valorem assessment
referendum and glitch related to voting and transfer of powers)
SWFFCD prior to it becoming operational but disagree as to which referendum question
to present, then option 3 in section 20 shall be the referendum question presented to
the electors.
(4) The SWFFCD shall not become operational (lIoperational date") until 14 days
after the approval by a majority vote of those qualified electors of the independent
special fire control and rescue district or if more than one independent special fire
control and rescue district is voting in a referendum, then it shall become operational if
approved by at least a majority vote of those qualified electors of one of the
independent special fire control and rescue district participating in the referendum,
conducted by the Supervisor of Elections of Collier County. Only an independent
special fire control and rescue district whose residents have approved by at least a
majority vote of its qualified electors the merger shall merge into the district.
(5) If the SWFFCD's operational date will be less than 5 months prior to a
general election, the resolutions of all independent special fire control and rescue
districts that elect to merge with the SWFFCD must be adopted no later than 75 days
prior to the general election.
(6) After SWFFCD's operational date, the district shall notify the Department of
State and the Department of Community Affairs of the district's operational date within
30 days of its initial organization meeting.
Section 3. Purpose.- The purpose of this act is to promote the health, welfare, and
safety of the citizens and residents of Collier County by providing for firefighting and
rescue services, and emergency medical services, if authorized pursuant to chapters
191 and 401, Florida Statutes. The district shall have all powers necessary to carry out
the purposes of the district as otherwise provided by this charter and law, including, but
not limited to, the power to adopt all necessary measures, rules, regulations, and
policies relating to such purposes. Nothing in this act shall prevent the district from
cooperating with the state or other local governments to render such services as from
time to time may be deemed desirable.
. Section 4. Boundaries; service provider.-
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1/25/2011 Item 10.H.
Draft 1-14-11 (draft presented to the delegation plus the removal of the non-ad valorem assessment
referendum and glitch related to voting and transfer of powers)
(1) The lands within the district shall be limited to those areas in Collier County
where an independent special fire control and rescue district merges with the district as
provided for in section '2. The district shall be the service provider upon the effective
date of merger.
(2) The district's boundaries shall also include those properties in which the
county or a municipality transfers its powers to provide fire protection and rescue
services to such properties by the district in accordance with this act. The district shall
be the service provider to such properties upon the effective date of the transfer. The
district may not levy ad valorem taxes upon the transferred properties until such time as
an ad valorem millage rate is approved by the qualified electors of the transferred area.
However, the district shall be able to charge all other fees that it is authorized to impose
and collect immediately upon the properties after the transfer. Until the electors of the
transferred properties approve the district's millage rate, the local government that
transferred its powers to the district shall pay the district, by January 1 of each year, an
amount equal to the ad valorem taxes that the district would have collected had the
district been able to levy, assess and collect its ad valorem millage rates on the
transferred properties.
(3) The district shall also be the service provider for those areas in which an
interlocal agreement has been entered into with another local government providing for
the provision of service by the district and those areas that have been annexed
pursuant to chapter 171, Florida Statutes, in which the independent special fire control
and rescue district is currently providing services pursuant to section 171.093 or part II
of chapter 171, Florida Statutes.
(4) As soon as practicable following the district bec()mjng operational and
each subsequent time that either an independent special fire control and rescue district
merges into the district or another local government transfers its powers to the district to
provide services, the district shall submit, at its own expense, local legislation that
provides the specific boundaries of the district.
Section 5. Service delivery areas.-A service delivery area, hereinafter referred to as an
"SDA," shall be created that corresponds with the boundaries of each independent
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1/25/2011 Item 10.H.
Draft 1-14-11 (draft presented to the delegation plus the removal of the non-ad valorem assessment
referendum and glitch related to voting and transfer of powers)
special fire control and rescue district that merges with the district upon providing a copy
of its resolution and referendum approval results to the SWFFCD. The boundaries of
the merging independent special fire control and rescue district shall be those
boundaries at the time of the resolution's adoption. Any independent special district that
elected to merge with the district prior to the district's operational date shall have a
corresponding SDA automatically created upon the district's operational date. An SDA
shall be created to include those properties for which the county or a municipality
transfers to the district its powers to provide fire protection and rescue services in
accordance with this act. The district may create an SDA for those areas for which an
interlocal agreement has been entered into with another local government within Collier
County that provides for district services but is not a complete transfer of powers to the
district ("ex officio SDA").
Section 6. Governing body.-
(1) In accordance with chapter 191, Florida Statutes, the district shall be
governed by the fire board, whose members shall also be known as commissioners.
(2)(a) From the district's operational date untij the next general ejection, the fire
board shall be comprised of elected officials from any independent special fire control
and rescue district that elects to merge with the district.
(b) The fire board shall be composed ~s follows:
1. If only one independent special fire control and rescue district merges with the
district prior to the district's operational date, the business and affairs of the district shall
be conducted and administered by a fire board that consists of the electing independent
special fire control and rescue district's governing body who shall serve until the next
general election. The fire board shall meet and organize the district within 45 days after
the district's operational date.
2. If more than one independent special fire control and rescue district elects to
merge with the district prior to the district's operational date, each electing independent
special fire control and rescue district shall appoint three of its governing board
members to serve on the fire board. Appointment by each of the independent special
fire control and rescue districts merging with the district shall occur within 15 days after
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1/25/2011 Item 10.H.
Draft 1-14-11 (draft presented to the delegation plus the removal of the non-ad valorem assessment
referendum and glitch related to voting and transfer of powers)
the district's operational date. The newly appointed fire board shall meet and organize
the district within 45 days after the district's operational date. The independent special
fire control and rescue district that first adopts a resolution electing to merge with the
district shall be responsible for organizing the district's initial meeting of the fire board.
3. After the operational date and until the next general election after such date,
an independent special fire control and rescue district that merges with the district shall
appoint three of its governing body members to the fire board and provide written
notification to the district of its election and appointment of members within 15 days
following the receipt of approval by its residents at referendum.
4. If there is an even number of board members as a result of subparagraph 2.
or subparagraph 3., the chair of the fire board may only vote in the event of a tie vote of
the fire board.
5. A quorum of the fire board shall be a majority of its members, excluding ex
officio members, except that should the membership of the fire board reach 12
members, a quorum may be set by resolution of the fire board provided that in no
instance may the resolution set the quorum at fewer than seven members. In order to
take official action, an affirmative vote of a majority of those members present shail be
required.
6. During the organizational meeting provided for under subparagraphs 2. and
3., the fire board shall organize by electing from its members a chair, a vice chair, a
secretary, and a treasurer to serve for the duration of their terms.
7. If the fire board creates an SDA to represent an area in which there is an
interlocal agreement with a local government in Collier County for the district to provide
service, also known as an ex officio SDA, the local government shall appoint one of its
governing board members to serve on the fire board as a nonvoting member ('ex-officio
member").
8. If a transfer of powers by the county or a city occurs in accordance with this
act resulting in the district's boundaries to include the associated properties, the local
government shall appoint one of its governing board members to serve on the fire board
as a voting member. Each local government shall only have one member on the fire
board.
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1/25/2011 Item 10.H.
Draft 1-14-11 (draft presented to the delegation plus the removal of the non-ad valorem assessment
referendum and glitch related to voting and transfer of powers)
9. Members of the fire board, excluding ex-officio members, shall serve until the
members that are elected in the next general election after the operational date take
their oaths of office.
(c) The fire board shall operate the district in accordance with this act and
chapters 189 and 191, Florida Statutes, and with any other applicable general or special
law, except as provided in this act.
(d) Members of the fire board may each be paid a salary or honorarium to be
determined by at least a majority plus one vote of the board pursuant to chapter 191,
Florida Statutes.
(3)(a) Beginning with the next general election after the district's operational
date, the fire board shall be comprised of at least five members, with a member elected
from each of the SDAs created pursuant to section 5, excluding any ex officio SDA. If
there are fewer than five SDAs at the time of the election and until there are at least five
SDAs within the boundaries of the district, the fire board shall be comprised of five
members pursuant to section 191.005, Florida Statutes, elected as follows: if there is
only one SDA, there shall be five at-large seats; if there are two SDAs, there shall be
two members elected from each SDA and one member elected at iarge within the
boundaries of the district; if there are three SDAs, there shall be a member elected from
each SDA and two members elected at large within the boundaries of the district; and if
there are four SDAs, there shall be a member elected from each SDA and one member
elected at large within the boundaries of the district. An at-large member represents the
entire district.
(b) The fire board shall be elected pursuant to chapter 191, Florida Statutes, by
the electors of the district in a nonpartisan election held at the time and in the manner
prescribed for holding general elections in section 189.405(2)(a), Florida Statutes.
(c) Each SDA, excluding ex officio SDAs, shall be represented on the fire board
by a member who is a resident of the SDA and who has been elected by the electors of
the SDA. Any at-large member on the fire board shall be a resident of the district and
shall be elected by the electors of the district. Each ex officio SDA's officio member
must be a resident of the ex officio SDA and is appointed by the local government that
the district is providing service for pursuant to an interlocal agreement.
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1/25/2011 Item 10.H.
Draft 1-14-11 (draft presented to the delegation plus the removal of the non-ad valorem assessment
referendum and glitch related to voting and transfer of powers)
(d) The office of each board member, excluding ex officio members, is
designated as a seat on the fire board, distinguished from each other seat by a numeral,
and shall represent the associated SDA or at-large seat. Each candidate must
designate, at the time he or she qualifies, the, seat on the fire board for which he or she
is a candidate: 1, 2, 3, 4, or 5, up to the total number of seats on the fire board. The
candidate for each seat who receives the most votes shall be elected to the fire board.
(e) Members of the fire board, including ex officio members, shall serve for
terms of 4 years each, subject to the provisions of chapter 191, Florida Statutes, and
shall not be subject to term limits. For the members elected in the next general election
after the district's operational date, the members elected for the odd-numbered seats
shall serve for 4-year terms each and the members elected for the even-numbered
seats shall serve for 2,..year terms each.
(f) If a fire board member ceases to reside in the SDA from which he or she was
elected or within the district if an at-large seat, the office shall be declared vacant, the
member shall be disqualified from further service, and the remaining members shall
appoint a qualified person from the SDA associated with the vacant seat.
(g) Each fire board member shall hold office until his or her successor is
qualified and elected or, in the case of a member representing an ex officio SDA, his or
her successor is appointed, unless that member ceases to be qualified, dies, resigns, or
is removed from office.
(h) All candidates must qualify for election in accordance with chapters 189 and
191, Florida Statutes. In the event a candidate seeks to qualify for election by obtaining
signatures in accordance with section 191.005, Florida Statutes, the qualified signatures
shall be signatures of electors within the SDA for which the candidate seeks election, or
if a candidate seeks to qualify for election for an at-large seat by obtaining signatures,
such signatures shall be signatures of electors within the district.
(i) Any additional expenses of holding elections for commissioners at the regular
county, elections shall be paid out of the funds of the district if required by the proper
authority.
m A quorum of the fire board shall be a majority of its members, excluding ex
officio members. In order to take official action, an affirmative vote of a majority of those
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1/25/2011 Item 10.H.
Draft 1-14-11 (draft presented to the delegation plus the removal of the non-ad valorem assessment
referendum and glitch related to voting and transfer of powers)
voting members present shall be required. If the fire board consists of an even number
of members, the chair of the fire board shall only vote in the event of a tie.
(k) Each elected member shall assume office 10 days after the member's
election or appointment. Within 60 days after a general election, the fire board shall
organize by electing from its members, excluding ex officio members, a chair, a vice
chair, a secretary, and a treasurer. The positions of secretary and treasurer may be held
by one member.
(4) Any independent special fire control and rescue district merging with the
district following the general election after the district's operational date shall appoint
three members of its governing board to serve on the fire board and provide written
notification to the district of its appointments 15 days after such approval. At the next
general election after the independent special fire control and rescue district's merger
with the district, the three governing board members appointed pursuant to this
subsection shall no longer be members of the fire board. The seat associated with the
lowest numeric at-large seat that is elected at this general election shall be associated
solely with the SDA associated with the electing independent special fire control and
rescue district and shall no longer be an at-large seat. if there are aiready more than
five SDAs within the district resulting in no at-large seats on the board, then a new seat
number shall be designated.
(5) If a transfer of powers by the county or a city occurs in accordance with this
act resulting in the district's boundaries to include the associated properties and the
subsequent creation of a SDA, the local government shall appoint one of its governing
board members to serve on the fire board as a voting member, who shall serve in
accordance with the terms of this act. Each local government shall only have one
appointed member on the fire board. At the next general election after the transfer to
the district, the one appointed member pursuant to this subsection shall no longer be a
member of the fire board. The seat associated with the lowest numeric at-large seat
that i~ elected at this general election shall be associated solely with the SDA
associated with the transferred area and shall no longer be an at-large seat. If there are
already more than five SDAs within the district resulting in no at-large seats on the
board, then a new seat number shall be designated.
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1/25/2011 Item 10.H.
Draft 1-14-11 (draft presented to the delegation plus the removal of the non-ad valorem assessment
referendum and glitch related to voting and transfer of powers)
(6) If the fire board creates an SDA to represent an area for which there is an
interlocal agreement with a local government in Collier County for the district to provide
service, also known as an ex officio SDA, the local government shall appoint one of its
governing board members to serve on the fire board as an ex officio nonvoting member.
(7) The fire board shall operate the district in accordance with this act and
chapters 189 and 191, Florida Statutes, and with any other applicable general or special
law, except as provided in this act.
(8) Members of the fire board may each be paid a salary or honorarium to be
determined by at least a majority plus one vote of the board pursuant to chapter 191,
Florida Statutes.
Section 7. Powers of the district.-
(1) The fire board shall have the power to create SDAs pursuant to section 5.
(2) The district shall have all powers and duties granted by this charter and
chapters 189, 191, 197, and 401, Florida Statutes, and as subsequently amended,
including, but not limited to, providing firefighting and rescue services, emergency
medical services consistent with chapters 191 and 401, Florida Statutes, ad valorem
taxation, impact fees, bond issuance, other revenue-raising capabilities, budget
preparation and approval, liens and foreclosure of liens, use of tax deeds and tax
certificates as appropriate for non-ad valorem assessments, and contractual
agreements. The district may be financed by any method established in this act or in
chapter 189 or chapter 191, Florida Statutes.
(3) The district shall create a 5-year plan for the provision of fire and rescue
services within its boundaries.
(4) The district is authorized to adopt and amend policies and regulations for the
administration of the affairs of the district under the terms of this act and chapters 189
and 191, Florida Statutes, which shall include, but is not limited to, the authority to adopt
the necessary policies and regulations for the administration and supervision of the
property and personnel of the district and necessary to conduct district business within
the district. Such commissioners shall have the lawful power and authority necessary to
implement the purposes for which the district is created, which power and authority shall
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include, but is not limited to, the power to purchase all equipment necessary to carry out
the purposes of the district; to purchase all necessary real and personal property; to
purchase and carry standard insurance policies on such property and equipment; to
employ personnel, including firefighters and paramedics, as may be necessary to carry
out the purposes of the district; to provide for insurance for such employees and fire
board members; to buy, lease, sell, exchange, or otherwise acquire or receive as a gift
and dispose of any and all equipment and other real, personal, tangible or intangible, or
mixed property that it may from time to time deem necessary to carry out the purposes
of the district; to provide water, water supply, water stations, and other necessary
buildings; to accept gifts or donations of equipment or money for the use of the district;
and to do all things necessary to carry out the purposes of district.
(5) The district is authorized to enter into interlocal agreements for any purpose
pursuant to part I of chapter 163, Florida Statutes, including the provision of services
outside of the district. The district is authorized to enter into interlocal agreements
regarding the collection of any revenues and to pay administrative charges by the
collection entity.
(6) The district is authorized to enter into contracts with private entities in order
to carry out the purposes of the district.
(7) The district may establish and maintain emergency medical and rescue
response services within the district consistent with section 191.008(1), Florida Statutes,
and the provisions of chapter 401, Florida Statutes, and as subsequently amended.
(8) In addition to any other power to borrow money as may be provided by this
act or by general law, the district has the authority to borrow money or issue other
evidences of indebtedness for the purposes of the district in accordance with chapters
189 and 191, Florida Statutes, and as subsequently amended.
(9) The district shall have authority to inspect and investigate all property for fire
hazards as authorized by law. The fire board, by resolution duly adopted, may assess
fees for fire inspection and maintenance and replacement of hydrants in an amount
reasonably related to the cost thereof and may adopt provisions creating a lien or
providing for civil enforcement of such assessments.
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(10)(a) The district is authorized to promulgate and enact fire prevention
ordinances, rules, and regulations for the prevention of fire and for fire control in the
district in the same manner provided for the adoption of policies and regulations
pursuant to general law. When the provisions of such fire prevention ordinances are
determined by the board to be violated, the office of the state attorney, upon written
notice of such violation issued by the board, is authorized to prosecute such person or
persons held to be in violation thereof. Any person found guilty of a violation may be
punished as provided in chapter 775, Florida Statutes, as a misdemeanor of the second
degree. The cost of such prosecution shall be paid out of district funds unless otherwise
provided by law. The district has the authority to enforce fire safety code violations and
enact resolutions relating to such enforcement pursuant to section 633.052(2), Florida
Statutes, and as subsequently amended, as well as to adopt local amendments to the
Florida Fire Prevention Code pursuantto section 633.0215(10), Florida Statutes, and as
subsequently amended.
(b) The fire board shall have the power to appoint a fire marshal, who shall be a
person experienced in all types of firefighting and fire prevention and who shall work
with and cooperate with the State Fire Marshal in the prevention of fires of all types. The
district fire marshal shall be authorized to enter, at all reasonable hours, any building or
premises for the purpose of making any inspection or investigation that the State Fire
Marshal is authorized to make pursuant to state law and regulation. The owner, lessee,
manager, or operator of any building or premises shall permit the district fire marshal to
enter and inspect the building or premises at all reasonable hours. The district fire
marshal shall report any violations of state fire safety law or regulations to the
appropriate officials. Each of the electing independent special fire control and rescue
district's existing obligations arising from the interlocal agreement regarding the creation
and operation of the Collier County Fire Code Officials Office shall be transferred to the
district.
Section 8. Finances.-
(1) The powers, functions, and duties of the district regarding ad valorem
taxation, bond issuance, other revenue-raising capabilities, budget preparation and
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approval, liens and foreclosure of liens, use of tax deeds and tax certificates as
appropriate for non-ad valorem assessments, and contractual agreements and the
methods for financing the district and for collecting non-ad valorem assessments, fees,
or service charges, shall be as set forth in this act, in chapters 170, 189, 191,219, and
197, Florida Statutes, and as subsequently amended, and in any applicable general or
special law.
(2) (a) The district shall levy and collect ad valorem taxes in accordance with
section 191.009 and chapter 200, Florida Statutes, and as subsequently amended. The
taxes levied and assessed by the district shall be a lien upon the land so assessed
along with the county taxes assessed against such land until such assessments and
taxes have been paid, and if the taxes levied by the district become delinquent, such
taxes shall be considered a part of the county tax subject to the same penalties,
charges, fees, and remedies for enforcement and collection and shall be enforced and
collected as provided by general law for the collection of such taxes. The district shall
have the authority to levy a millage rate up to the amount that was approved by
referendum as required by the Florida Constitution and chapter 191, FIOiida Statutes,
within the boundaries of each of the independent special fire controi and rescue districts
that have merged with the district. Nothing in this act shall prevent the district from
levying a millage rate as provided for in section 191.009, Florida Statutes, or a millage
rate that has been approved by referendum.
(b) The district may not, solely by reason of a merger with an independent
special fire control and rescue district, increase ad valorem taxes on property within the
original limits of the merging independent special fire control and rescue district beyond
the maximum ad valorem rate approved by the electors of the merging independent
special fire control and rescue district by referendum. For each independent special fire
control and rescue district merging with the district, the district may levy an ad valorem
millage within the associated SDA up to the millage rate that was previously approved
by the electors of that independent special fire control and rescue district or the ad
valorem millage rate approved by the independent special fire control and rescue
district's electors at the time they approved the independent special fire control and
rescue district's merger with SWFFCD unless a higher rate is subsequently approved
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Draft 1-14-11 (draft presented to the delegation plus the removal of the non-ad valorem assessment
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pursuant to chapter 191 , Florida Statutes. If the independent special fire control and
rescue district's referendum-approved ad valorem millage rate is lower than the district's
ad valorem millage rate that was approved, the district may only charge an ad valorem
millage rate within the SDA that does not exceed the referendum approved ad valorem
millage rate within such area until such time as an increased millage rate is approved by
the electors of the corresponding SDA. The intent is to preserve and transfer all
authority to the district to levy ad valorem taxes upon the property within the SDA up to
the millage rate that was previously approved by referendum of the electing
independent special fire control and rescue district.
(3) The fire board shall annually, during the month of June, make an itemized
estimate of the amount of money required to carry out the provisions of this act for the
next fiscal year of the board, which fiscal year shall be from October 1 to and including
the next succeeding September 30, which estimate shall state the purpose for which the
money is required and the amount necessary to be raised by taxation within the district,
which budget and proposed millage rate shall be noticed, heard, and adopted in
accordance with chapters 192 through 200, Florida Statutes, and as subsequently
amended.
(4) The methods for assessing and collecting non-ad valorem assessments,
fees, or service charges shall be as set forth in this act, chapter 170, chapter 189,
chapter 191, or chapter 197, Florida Statutes.
(5) The district's planning requirements shall be as set forth in this act and
chapters 189 and 191, Florida Statutes, and as subsequently amended.
(6) Requirements for financial disclosure, meeting notices, reporting, public
records maintenance, and per diem expenses for officers and employees shall be as set
forth in this act and chapters 112, 119, 189, 191, and 286, Florida Statutes, and as
subsequently amended.
.
.
Section 9. Authority to borrow money.- The district shall have the power to issue general
obligation bonds, assessment bonds, bond anticipations notes, notes, or certificates or
other evidences of indebtedness, hereinafter referred to as "bonds," pledging the full
faith, credit, and taxing power of the district consistent with the purposes of the district in .
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accordance with the requirements of section 191.012, Florida Statutes, and as
subsequently amended, and other applicable general law.
Section 10. Impact fees.-
(1) The board is authorized to assess and collect impact fees for capital
improvement on new construction within the district. It is the legislative intent to
preserve and transfer all authority to the district to charge impact fees upon new
development within the SDA that was previously implemented by the governing board of
the electing independent special fire control and rescue district.
(2) No person shall issue or obtain a building permit for new residential dwelling
units or new commercial or industrial structures within the district, or issue or obtain
construction plan approval for new mobile home developments located within the
district, until the developers thereof have paid to the district the applicable impact fees
for capital improvements hereinafter set forth. Impact fees for capital improvements to
be assessed and collected hereunder shall be pursuant to the Collier County 2005
First/Rescue Services Impact Fee Update Study or subsequent impact fee study
pursuant to section 191.009(4), Florida Statutes.
(3) The district shall comply with the requirements in section 163.31801 and
191.009(4), Florida Statutes, and as subsequently amended, in its collection and use of
its impact fees. New facilities and equipment shall be as provided for in section
191.009(4), Florida Statutes.
(4) The fire board shall determine the maximum amount of impact fees to be
assessed in anyone fiscal year. This determination shall be made prior to the
immediately succeeding fiscal year. The fire board's determination of the amount of the
impact fee to be assessed in anyone fiscal year shall be based on the requirements set
forth in this section.
(5) The district is authorized to enter into agreements regarding the collection of
impact fees.
Section 11. Deposit of taxes, assessments, fees; authority to disburse funds.-
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(1) The funds of the district shall be deposited in qualified public depositories, in
accordance with chapters 191 and 280, Florida Statutes.
(2) All warrants for the payment of labor, equipment, and other expenses of the
board, and in carrying into effect this act and the purposes thereof, shall be payable by
the treasurer of the board on accounts and vouchers approved and authorized by the
board.
.
Section 12. Elections.-
(1) When a referendum or special election is required under the provisions of
this act, the district shall reimburse the county for the costs of such election.
(2) The procedures for conducting any district elections or referendum required
and the qualifications of any elector of the district shall be as set forth in chapters 189
and 191, Florida Statutes, and as subsequently amended, except as provided in this
act.
Section 13. Eminent domain.- The district shall have the authOiity to exercise the power .
of eminent domain pursuant to chapters 73, 74, and 191, Florida Statutes, and as
subsequently amended, over any property, except municipal, county, state, or federal
property, pursuant to section 191.006, Florida Statutes.
Section 14. Annexation.-
(1) Chapter 171, Florida Statutes, and as subsequently amended, shall apply to
all annexations by a city within the district's boundaries.
(2) Any moneys owed to an independent special fire control and rescue district
pursuant to section 171.093, Florida Statutes, or any interlocal service boundary
agreement, as a result of annexation predating the district, shall be paid to the district if
such independent special fire control and rescue district elects to be served by the
district.
Section 15. Miscellaneous.-
(1) The district's charter may only be amended by special act of the Legislature. .
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(2) In the event any section or provision of this act is determined to be invalid or
unenforceable, such determination shall not affect the validity and enforceability of each
other section and provision of this act.
(3) The district shall exist until the Legislature approves a special act providing
for its dissolution, and such special act is contingent upon approval by the electors of
the district.
(4) In order to avoid disincentivizing the consolidation of independent special fire
control and rescue districts in Collier County, notwithstanding section 212.055(8)(d),
Florida Statutes, the required interlocal agreement must include the district as a
participating jurisdiction. For purposes of determining the distribution of the surtax
proceeds to the participating entities, the district's expenditures of ad valorem taxes and
non-ad valorem assessments for fire control and emergency rescue services in each of
the immediately preceding 5 fiscal years shall be the combined expenditures for the
district and for the merged independent special fire control and rescue districts within 5
year period.
(5) As soon as practicable following the district being operational and each
subsequent time that either an independent special fire control and rescue district
merges into the district, the district shall submit, at its own expense, local legislation that
provides the specific boundaries of the district and repeals the special acts associated
with the merging independent special fire control and rescue district.
Section 16. Immunity from tort Iiability.-
(1) The district and its officers, agents, and employees shall have the same
immunity from tort liability as other agencies and subdivisions of the state. The
provisions of chapter 768, Florida Statutes, and as subsequently amended, shall apply
to all claims asserted against the district.
(2) The district commissioners and all officers, agents, and employees of the
district shall have the same immunity and exemption from personal liability as is
provided by general law of the state for state, county, and municipal officers.
(3) The district shall defend all claims against the commissioners, officers,
agents, and employees which arise within the scope of employment or purposes of the
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district and shall pay all judgments against such persons, except where such persons
acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful
disregard of human rights, safety, or property.
Section 17. Transition to the SWFFCD.-
(1) Notwithstanding section 189.4042(2), Florida Statutes, any independent
special fire control and rescue district that adopts a resolution electing to merge with the
SWFFCD prior to the district's operational date shall merge with the SWFFCD on
September 30 of the calendar year after the majority approval of a referendum pursuant
to section 20, and all of the independent special fire control and rescue district's special
acts shall expire on the date of such merger. Any independent special fire control and
rescue district that adopts a resolution electing to merge with the SWFFCD after the
district's operational date shall merge with the SWFFCD on September 30 of the
calendar year after the majority approval of a referendum pursuant to section 21, and all
of the independent special fire control and rescue district's special acts shall expire on
the date of such merger. PUisuant to section 189.4045, Florida Statutes, and as
subsequently amended, all assets, indebtedness and property of the merging
independent special fire control and rescue district are transferred to the SWFFCD on
September 30 of the calendar year of such merger.
(2) The SWFFCD shall begin providing services to the jurisdiction to the SDA
associated with the independent special fire control and rescue district on October 1 of
the calendar year of such merger. Each merging independent special fire control and
rescue district must provide a copy of its resolution electing to merge with the SWFFCD
to the district within 10 days after the approval of the merger by the qualified electors of
such independent special district approves the merger with the SWFFCD.
Section 18. Employees; pension plans; funding.-
(1) Nothing shall limit the district's authority to make any and all necessary
employment decisions regarding personnel transferred to the district or personnel
subsequently hired by the district. For those employees who are members of a
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bargaining unit certified by the Public Employees Relations Commission, the
requirements of chapter 447, Florida Statutes, apply to such district actions.
(2) All employees shall have the right to remain in their current retirement plan,
or transfer to another retirement plan in accordance with law, if another retirement plan
is adopted by the fire board. However, after the effective date of this act, an employee's
employment shall not be considered terminated for retirement purposes until the
employee separates from employment from the district. No employee may receive
benefits, other than through a deferred retirement option program, from any retirement
plan adopted by the independent special fire control and rescue district that merged with
the district while actively employed by the district.
(3) For an independent special fire control and rescue district that has a lawfully
established firefighters' pension trust fund in accordance with chapter 175, Florida
Statutes, at the time it merges with the district, the associated plan shall not be deemed
terminated pursuant to section 175.361, Florida Statutes. The existing board of trustees
of the firefighters' pension trust fund shall remain for the associated independent special
fire control and rescue district pension trust fund even upon the independent special fire
control and rescue district's dissolution pursuant to this act and shali operate pursuant
to chapter 175, Florida Statutes, within the boundaries of the appropriate SDA. For
purposes of section 175.061(1)(a), Florida Statutes, the two members of the board of
trustees for a chapter plan that are required to be legal residents of the special fire
control and rescue district shall be legal residents of the associated SDA and shall be
appointed by the fire board. For purposes of section 175.101, Florida Statutes, the
district has the authority to levy a premium tax on the insurance policies within its
boundaries. The moneys from such tax receipts attributable to the insurance policies
covering such property shall be used for the benefit of the district's firefighters. For
purposes of chapter 175, Florida Statutes, the boundaries of the district shall be
deemed to include an area that has been annexed, including those annexations that
have occurred prior to this act's effective date, until such time as the district is no longer
providing services to the annexed property.
(4) Contributions for upgrading the first 2 percent of the member's average
monthly compensation shall be pursuant to section 121.0515(5), Florida Statutes.
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Contributions for upgrading additional special risk credit in excess of 2 percent but not
to exceed 3 percent of the member's average monthly compensation shall be an
amount representing the actuarial accrued liability for the difference in accrual value
during the period of service for which credit is being purchased. Contributions shall be
calculated by an actuary designated by the Division of Retirement of the Department of
Management Services using the discount rate and Florida Retirement System defined
benefit plan liabilities in the most recent actuarial valuation. The contribution for service
credit being purchased must be paid by the member or by the employer on behalf of the
member immediately upon notification by the Division of Retirement of the Department
of Management Services.
Section 19. Transfer of powers.-In accordance with section 4, Article VIII, of the State
Constitution, by law or by resolution of both the governing bodies of the affected local
government and the district, a county, or municipality may transfer its fire protection and
rescue services to the district. The district may not levy ad valorem taxes upon the
transferred properties until such time as an ad valorem millage rate is approved by the
electors of the area. However, the district shall be able to charge all other fees that it is
authorized to impose and collect immediately upon the properties after the transfer.
Until the electors of the transferred properties approve the district's millage rate, the
local government that transferred its powers to the district shall pay the district, by
January 1 of each year, an amount equal to the ad valorem taxes that the district would
have collected had the district been able to levy and collect its ad valorem taxes on the
transferred properties.
Section 20. Referendum on the merger with SWFFCD.-
(1) Upon notification to the Supervisor of Elections of Collier County by at least
one independent special fire control and rescue district of its adoption of a resolution
calling for a referendum on merging with the SWFFCD, the Supervisor of Elections of
Collier County shall conduct a referendum of the qualified electors of each notifying
independent special fire control and rescue district that has provided such notification
within thirty days of the initial notification on the question of whether the independent
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special fire control and rescue district shall merge with the SWFFCD. The qualified
electors residing within each independent special fire control and rescue district that has
provided notification to the Supervisor of Elections of Collier County shall vote on such
referendum. Upon approval of a majority of the qualified electors of the requesting
independent special fire control and rescue district voting in the referendum, the district
shall become operational. If more than one independent special fire control and rescue
district provides notification to the Supervisor of Elections of Collier County of the
adoption of a resolution calling for a referendum on the merger with the SWFFCD prior
to it becoming operational and within thirty days of the initial notification, the district shall
become operational upon approval of a majority of the qualified electors of at least one
of the independent special fire control and rescue districts voting in such referendum.
The referendum shall be a separate vote of each independent special fire control and
rescue district participating in the referendum. The election shall be in accordance with
the provisions of law relating to elections currently in force in Collier County. The cost of
the referendum shall be reimbursed to Collier County by the requesting independent
special fire control and rescue district. If mOie than one independent special fire control
and rescue district requests the referendum, each independent speciai fire control and
rescue district shall reimburse to Collier County its proportioned share of the cost of the
referendum based on the total number of qualified electors within its boundaries as
compared to the total number of qualified electors of the combined independent special
fire control and rescue districts calling for the referendum.
(2) Notwithstanding section 101.161, Florida Statutes, one of the following
referendum questions shall be presented to the electors if the independent special fire
control and rescue district or districts elect to request approval of the merger:
(a) Option 1:
REFERENDUM ON MERGER WITH THE SOUTHWEST FLORIDA FIRE CONTROL
AND RESCUE DISTRICT AND ITS AUTHORITY
In an effort to consolidate the independent special fire control and rescue districts in
Collier County, shall your independent special fire control and rescue district merge into
. the Southwest Florida Fire Control and Rescue District, an independent special fire
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control and rescue district in Collier County, which is authorized to exercise all powers
as set forth in its charter and chapters 191 and 189, Florida Statutes, and your existing
independent special fire control and rescue district's existing powers, including the
authority to levy an ad valorem millage rate up to either [to be inserted by the
Supervisor of Elections of Collier County] mills or the millage rate previously approved
at referendum to be levied by your existing independent special fire control and rescue
district, resulting in the Southwest Florida Fire Control and Rescue District becoming
your new fire and rescue service provider and the dissolution of your existing
independent fire control and rescue district upon the effective date of the merger without
further legislative or voter approval?
Yes
No
(b) Option 2:
REFERENDUM ON MERGER WITH THE SOUTHWEST FLORIDA FIRE CONTROL
AND RESCUE DiSTRICT AND iTS AUTHORiTY
In an effort to consolidate the independent special fire control and rescue districts in
Collier County, shall your independent special fire control and rescue district merge into
the Southwest Florida Fire Control and Rescue District, an independent special fire
control and rescue district in Collier County, which is authorized to exercise all powers
as set forth in its charter and chapters 191 and 189, Florida Statutes, and your existing
independent special fire control and rescue district's existing powers, including the
authority to levy an ad valorem millage rate up to 3.75 mills, resulting in the Southwest
Florida Fire Control and Rescue District becoming your new fire and rescue service
provider and the dissolution of your existing independent fire control and rescue district
upon the effective date of the merger without further legislative or voter approval?
The Southwest Florida Fire Control and Rescue District shall not charge an ad valorem
millage rate higher than [to be inserted by the Supervisor of Elections of Collier County]
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mills or the millage rate previously approved at referendum to be levied by your
independent special fire control and rescue district for the first 5 fiscal years after it
becomes operational. The district may increase this authorized millage rate by a total of
0.5 mills every 5 years up to the maximum 3.75 mills, unless a greater increase in the
millage rate is approved by referendum by the district's electors.
Yes
No
(c) Option 3:
REFERENDUM ON MERGER WITH THE SOUTHWEST FLORIDA FIRE CONTROL
AND RESCUE DISTRICT AND ITS AUTHORITY
In an effort to consolidate the independent special fire control and rescue districts in
Collier County, shall your independent special fire control and rescue district merge into
the Southwest Florida Fire Control and Rescue District, an independent special fire
control and rescue district in Collier County, which is authorized to exercise all powers
as set forth in its charter and chapters 191 and 189, Florida Statutes, and your existing
independent special fire control and rescue district's existing powers, including the
authority to levy an ad valorem millage rate up to [to be inserted by the Supervisor of
Elections of Collier County] mills, resulting in the Southwest Florida Fire Control and
Rescue District becoming your new fire and rescue service provider and the dissolution
of your existing independent fire control and rescue district upon the effective date of
the merger without further legislative or voter approval?
Yes
No
(3) The ad valorem millage rate provided for in the referendum in subsection
(2)(c) shall be the maximum ad valorem millage rate that has been previously approved
. at referendum by the merging independent special fire control and rescue district and if
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more than one independent special fire control and rescue districts are voting at the
same election, each independent special fire control and rescue districts' residents will
vote on a referendum question that includes its existing maximum millage rate. The ad
valorem millage rate provided for in the referendum in subsection (2) (a) or (b) shall be
determined and inserted into the referendum question by the Supervisor of Elections of
Collier County prior to the election. The ad valorem millage rate included in the
referendum shall be determined as follows:
(a) The final certified taxable property value, as provided by the Collier County
Property Appraiser, for each independent special fire control and rescue district
participating in the referendum for the most recent fiscal year shall be multiplied by the
maximum millage rate allowable by each independent special fire control and rescue
district participating in the referendum.
(b) The resulting revenue amount from each independent special fire control and
rescue district participating in the referendum shall then be added together to arrive at a
total revenue amount for the SWFFCD.
(c) This combined revenue amount shall then be divided by the combined
taxable property value of each independent special fire control and rescue district
participating in the referendum to arrive at the millage rate necessary to generate that
amount of revenue.
(d) This millage rate shall then be adjusted by the growth in per capita Florida
personal income as provided by the Department of Revenue on the Maximum Millage
Levy Calculation Preliminary Disclosure Form (Form DR-420MM-P) to arrive at an
adjusted millage rate, and this adjusted millage rate shall then be multiplied by 1.10 as
provided in general law to arrive at the maximum starting millage rate for the SWFFCD,
which shall be included in the referendum question. The Supervisor of Elections of
Collier County shall also present the referendum question that has been selected to be
presented pursuant to this act.
.
.
Section 21. Referendum on the merger with the SWFFCD after its operational date.-
(1) Upon notification to the Supervisor of Elections of Collier County by an
independent special fire control and rescue district of its adoption of a resolution calling .
{00007001.DOCX}
24
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.
.
1/25/2011 Item 10.H.
Draft 1-14-11 (draft presented to the delegation plus the removal of the non-ad valorem assessment
referendum and glitch related to voting and transfer of powers)
for a referendum on merging with the SWFFCD, the Supervisor of Elections of Collier
County shall conduct a referendum of the qualified electors of the notifying independent
special fire control and rescue district on the question of whether the independent
special fire control and rescue district shall merge with the district and shall be
authorized to levy ad valorem taxes at the next regularly scheduled general election
date after notification or at a special election as requested by the independent special
fire control and rescue district. The qualified electors residing within the independent
special fire control and rescue district that has provided notification to the Supervisor of
Elections of Collier County shall vote on such referendum. Upon approval by a majority
of the qualified electors of the requesting independent special fire control and rescue
district voting in the referendum, the independent special fire control and rescue district
shall merge with the district pursuant to this act. The election shall be in accordance
with the provisions of law relating to the elections currently in force in Collier County.
The cost of the referendum shall be reimbursed to Collier County by the requesting
independent special fire control and rescue district. There shall be no referendum of the
qualified electors of the SWFFCD regarding whether the independent special fire control
and rescue district shall be allowed to merge with the SWFFCD.
(2) (a) Notwithstanding section 101.161, Florida Statutes, the following
referendum question shall be presented to the electors of the independent special fire
control and rescue district that has a previously approved millage rate that is higher than
the SWFFCD's maximum millage rate the governing board of the independent special
fire control and rescue district electing to request approval of the merger with the
SWFFCD and the merger will occur after SWFFCD's operational date:
REFERENDUM ON MERGER WITH THE SOUTHWEST FLORIDA FIRE CONTROL
AND RESCUE DISTRICT AND ITS AUTHORITY
In an effort to consolidate the independent special fire control and rescue districts in
Collier County, shall your independent special fire control and rescue district merge into
the Southwest Florida Fire Control and Rescue District, an independent special fire
control and rescue district in Collier County, which is authorized to exercise all powers
. as set forth in its charter and chapters 191 and 189, Florida Statutes, and your existing
{00007001.DOCX}
25
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1/25/2011 Item 10.H.
Draft 1-14-11 (draft presented to the delegation plus the removal of the non-ad valorem assessment
referendum and glitch related to voting and transfer of powers)
independent special fire control and rescue district's existing powers, including the
authority to levy an ad valorem millage rate up to [to be inserted by the Supervisor of
Elections of Collier County] mills, resulting in the Southwest Florida Fire Control and
Rescue District becoming your new fire and rescue service provider and the dissolution
of your existing independent fire control and rescue district upon the effective date of
the merger without further legislative or voter approval?
.
Yes
No
(b) The ad valorem millage rate provided for in the referendum in paragraph (a)
shall be determined and inserted into such language by the Supervisor of Elections of
Collier County prior to the election. The ad valorem millage rate included in the
referendum shall be either the ad valorem millage rate that is currently levied by
SWFFCD, the maximum ad valorem millage rate that has been previously approved by .
referendum of the SWFFCD, or the maximum ad valorem millage rate that has been
previously approved at referendum by the merging independent special fire control and
rescue district whichever is higher.
(3)(a) Notwithstanding section 101.161, Florida Statutes, the following
referendum question shall be presented to the electors of the independent special fire
control and rescue district that has a previously approved millage rate that is lower than
the SWFFCD's maximum millage rate upon the governing board of the independent
special fire control and rescue district electing to request approval of the merger with the
SWFFCD and the merger will occur after SWFFCD's operational date:
REFERENDUM ON MERGER WITH THE SOUTHWEST FLORIDA FIRE CONTROL
AND RESCUE DISTRICT AND ITS AUTHORITY
In an effort to consolidate the independent special fire control and rescue districts in
Collier County, shall your independent special fire control and rescue district merge into .
{00007001.DOCX}
26
Packet Page -438-
.
.
.
1/25/2011 Item 10.H.
Draft 1-14-11 (draft presented to the delegation plus the removal of the non-ad valorem assessment
referendum and glitch related to voting and transfer of powers)
the Southwest Florida Fire Control and Rescue District, an independent special fire
control and rescue district in Collier County, which is authorized to exercise all powers
as set forth in its charter and chapters 191 and 189, Florida Statutes, and your existing
independent special fire control and rescue district's existing powers, including the
authority to levy an ad valorem millage rate up to [to be inserted by the Supervisor of
Elections of Collier County] mills, resulting in the Southwest Florida Fire Control and
Rescue District becoming your new fire and rescue service provider and the dissolution
of your existing independent fire control and rescue district upon the effective date of
the merger without further legislative or voter approval?
Yes
No
(b) The ad valorem millage rate provided for in the referendum in paragraph (a)
shall be determined and inserted into such language by the SupervisOi of Elections of
Collier County prior to the ejection. The ad valorem millage rate included in the
referendum shall be either the ad valorem millage rate that is currently levied by
SWFFCD, the maximum ad valorem millage rate that has been previously approved by
referendum of the SWFFCD, or the maximum ad valorem millage rate that has been
previously approved at referendum by the merging independent special fire control and
rescue district whichever is lower.
Section 22. This act shall take effect upon becoming a law.
{00007001.DOCX}
27
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1/25/2011 Item 10.H.
CurranJanet
From:
Sent:
To:
Cc:
Subject:
Attachments~
WightDebbie
Friday, January 14, 2011 12:38 PM.
CurranJanet
TorreJohn; OchsLeo
FW: revised consolidation legislation
consolidation bill for SWFFCD (00006385-2}.DOCX; consolidation bill for SWFFCD clean
1-14-11 (00007001}.DOCX
.
Please include as backup If 4 Donaldson Email
From: Laura Donaldson [mailto:ldonaldson\alfIoridah2ola\N;com]
Sent: Friday] January 14( 201111:30 AM
To: TorreJohni WlghtDebbie
Cc: Mullen] Jamesi KOKKINOS.REBECCA.S37i Becky Bronsdon
Subject: revised consolidation legislation
To all:
Based upon my conversation with John Torre following the County's review of the proposed local bill, we have revised
the local bill to clarify some issues that might be used in an attempt to make the legislation controversial. Attached is a
red-line and clean version of the local bill. The revised language does the following:
1. Eliminates the non-ad valorem assessment referendum provision. There will no longer be any vote on non-
ad valorem assessments in the initial election. If the new district wants this authority, it will be required to
hold a referendum ata future date pursuant to current Florida law. Section 8 ofthe bill has been revised to .
reflect this change as well. The new district will be required to receive this authority just like every other
fire district. We feel that this is cleaner and less controversial than the existing bill that splits the vote.
2. Revised section 19 on the transfer of powers section to eliminate its applicability to independent fire
districts. This is due to concerns raised that this section could be used by a fire district to avoid a true
merger.
3. Clarified that there is one referendum for those special districts opting to vote on the merger prior to its
operational date. It does not change the voting requirements (only those districts that approve the vote
merge). It just avoids having different referendum dates for each of the special districts.
My hope is that these are the last changes. However, until the BOCc meeting is over, I cannot guarantee
that I will need to make additional tweaks in order to address their issues. We are attempting to eliminate
or limit controversy.
Laura Jacobs Donaldson
Manson Law Group P A
11 0 1 West Swann Avenue
Tampa) Florida 33606
813-514-4700
To ensurecompli."".. "ilh Treuwy Oepmmenl JtSUlz,ions;wead,ise }'OU 1"'1. unle.. orlIt",;se expressly indicaled. ...yt.." od';t/; conWned in Ibis commuri!cation (mcluding any ona<hmenls) ",as not intended or ",nneo .
to be used, and cannot be used, forrhe purpose of (i) a,'Oiding ra.~.relalod pensllies uDder !be lntemaJ RO\-enue Code or '-Pplicable stale or lor.! ta.~ law pIJ)\uions or (u) promoting, malke\ing orrO<OOU1lending to a~r
p>rty any Ia.~.rel.led nullers oddrwcd herein.
1
Packet Page -440-
Confidentialily Nonce -lhis mmag. is being sent by or on behalfofan attomey_ Jl is intended ,,-,clu,h'ely for !he individual or entity to which it isaddressed. ThiHomn._~L?~ /2 0 11 I t e m 10. H .
proprieta.)'. P'hileged or confidential orolbe",;.. legally exempt from di!oClosure. J()"OlI are noUbe n.med addressee, )"uue oot aulhorized fo .ead. print. retain, copy or di'senlln'felhis lJIessag. or L'Y)l3I1 Ofillf)"Ou
110". reo:i,'ed lhi, m....g. in MOr. plusc nolify Ih. sender immediately by c-mail and delef. all ""pies orlhi, messag..
.___~.cc=,=c_'"_"=,="c=~,~.____=,==~_..__=".,~~.".~===,~~=_""",,,,=,,,__,,_,",,,,,,,,,=_,~_,,,,,,=,'=~,_~'.~Co~_'".".=.=.._~==.~_~~=~~.~=_~~
Under Florida Law. c-mail C1cidresses are publie records. If you do net want your e-mail address released in response 10 a public records request. do nol send
electronic mail to (his entity. Instead, contaci lhis ollice by telephone or in \'/filing.
.
.
2
Packet Page -441-
MEMORANDUM
1/25/2011 Item 10.H.
FROM:
Debbie Wight, Legislative Affairs Coordinator
Jeff Eo Wright, Assistant County Attorney ~
January 12, 2011,
.
TO:
DATE:
RE:
Proposed local bill - Fire District Consolidation
This is in response to your request for legal review ofthe referenced local bilL Please note that, as with any
proposed legislation, changes to the proposed bill could have an impact on the analysis below.
SUMMARY: This is a. "local bill" that establishes a framework for consolidation of one or more existing
independent special fire control and rescue districts into a new independent special fire district to be known
as the Southwest Fire Control and Rescue District (SWFFcD).
The bill is similar to legisiation filed in the 2010 legislative session - i.e., HB 807 (2010) and HB 809 (2010).
Although the 2010 legislation died in committee(s), those twin local bills provided a framework for
consolidation of existing independent special districts into one of two distrkts. In contrast, the 2011 bill
provides a mechanism for consolidation of existing independent districts into only one district.
Upon becoming law, the legislation would create the SWFFcD, but the district itself does not become
operational until 14 days after approval (by referendum) by a majority of voters within any of the requesting
(merging) districts. Only districts whose residents have approved merger by majority vote shall merge into
the SWFFcD.
CONCERNS:
.
1. Impact unclear: Merger with the new district is optional for existing districts, so the number of
districts that would merge into the new district is unknown. Once the new district is established and
operational, any remaining independent special districts can merge with the new district after the initial
merger.1 As written, the bill would allow for a number of configurations for the new district/ and the new
district's boundaries are not definitively established. Therefore, it is difficult to assess the efficiencies and
operational savings that might result from enactment.
2. Interaction with County Comprehensive Emergencv Management Plan: As currently written, it is
not clear whether (and to what extent) the newly formed district would be incorporated into, and be subject
to, the County's Comprehensive Emergency Response Plan.
3. Millage disparities among districts: As written, the local bill could impact millage rates for the
merging district(s). The bill contains several millage calculations which depend on the configuration of the
new district and the timing of merger (i.e., before or after initial merger).
4. One district consolidation: As written, the bill would allow "consolidation" (Le., merger) of a single
existing district into the newly created district, without any other existing districts joining. This could put the
initial merging district(s) in a position of determining the administrative and operational structure of the
new district, while those districts that join after the initial merger could be at a disadvantage. .
1 Resolution and referendum is required for all merging districts, for both the initial and any subsequent mergers.
2 For example, the bill would allow one, all, or a combination of any existing independent special districts to merge with
the new district. Over 25 different combinations of existing districts are possible under the bill.
Packet Page -442-