1992 Fire District Legislation ,Sr� /99 T-- 2 -//-
LAW
//-LAW OFFICES
MESSER, VICKERS, CAPARELLO, MADSEN, LEWIS, GOLDMAN & METZ
A PROFESSIONAL ASSOCIATION
s
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7LLCFkONE (613, 201-E70, TLLEPNONL (604) ELL-0700 TELEPHONE (4 )7) 640.08=0
TELECOPI[F (813) 28E-0060 TLL[COPIER (6041 2I4.43SG TCLECOPILII (407) 640-8502
REPLY TO: Tallahassee
February 15, 1992
Via Telecopy
Chief Larry Ladd •
Indian Rocks Fire District
304 First Street
Indian Rocks Beach, Florida 34635
. Re: Fire District Legislation Proposal
Dear Larry:
Per our conversation, this confirms Representative Jones has requested a revised
version of the fire district legislation proposed in 1991 which incorporates the concepts
. discussed at last Thursday's workshop. Enclosed is a copy of the legislation with original
provisions stricken and additions in keeping with Representative Jones apparent desires.
I+
I would appreciate it if you could fax a copy of the marked up bill to all of the fire
district members who have participated in the process to date and let me know by
Wednesday or Thursday at the latest ifanything needs to be changed. By this letter, I am. -
also transmitting a copy of the marked up bill to Dan Gourley and asking Dan to cookdinate
with you in the distribution of the legislation and the collection of any comments or
necessary changes.
•
Provided the revised bill is acceptable, I will put it in final form and discuss it with
Representative Jones late in the week.
Sincerely yours,
Terry E. Lewis
TELJcat
Enclosure
cc: Mr. Bill Winters
Ms. Linda Knecht
Mr. Dan Gourley
gea)u/a 4 u=srg3
64 .e Van4o/ k" i,G4cue gi.WW.et
•, P.O. BOX 1958
BONITA SPRINGS, FL 33959
February 18 , 1992
TO: Fire Chief Addressed
FROM: Chief Dan Gourley
RE: Fire District Legislation Proposal
MEMORANDUM
Enclosed you will find a copy of the Fire District Legislation
that was proposed by the Florida Association of Special Districts
in 1991 , and was introduced as a Senate bill by Senator Dudley in
1991 . But , Representative Jones would not submit the same on the
House side, therefore it died in 1991.
I attended the Department of Community Affairs meeting in
Tallahassee on February 13 , 1992 and also met with Representative
Jones .
Representative Jones has requested a revised version of the fire
district legislation that was proposed.
Please review as soon as possible and contact me by Thursday,
February 20, 1992, 3 p.m.
(813) 992-3320
(813) 992-1921 (FAX)
1 FIRE DISTRICT LEGISLATION
2 Section 1. Short title.--This act may be cited as the "Independent
3 Special Fire Control District Act of 1992*. "
4 Section 2 . Statement of legislative purpose and inten .--It is
5 the intent of the Legislature through the adoption of thi chapter
6 to provide general law standards, direction and p ocedures
7 concerning the operations and governance of independen special
8 fire control districts and tot
9 A. Provide greater uniformity in independent spe ial fire
10 control district operations and authority.
11 B. Provide greater uniformity in independent spec al fire
12 control district financing authority without hamper ng the
13 efficiency and effectiveness of currently authori ed and
14 implemented methods and procedures of revenue generation.
15 C. Improve communication and coordination between special
16 fire control districts and other local governments with re pent to
17 short and long range planning to meet the demands for service
is delivery while maintaining fiscal responsibility.
19 = - - - - - - - - -20 - - - - - - - e
21 - -- - - - - -
:2 Section 3. Definitions.--As used in this chapter, the to m:
3 (1) "Board" or "board of commissioners" means the g.verning
4 board of the district.
5 (2) "District" means an independent special fire control
6 district as defined in this act unless otherwise clearly in. icated.
7 (3) "Emergency medical service" means basic and advan'ad life
3 support service as defined in s. 401.23, but does not include
ambulance service contracts as defined in s. 638. 021.
(4) "Rescue Response Service" means first respo der to
emergency or accident situations including but not lim ted to
aerial, trench, building collapse and water rescue and chicle
1
1 extrication.
2 (5) "Elector" means a resident of the district and citizen
3 of the United States, who is qualified to vote in a general
4 election within the local general purpose government jur ediction
5 where the fire district is located.
6 (6) "Independent Special Fire Control District" Bans an
7 independent district as defined in s. 189. 403 performin one or
8 more of the duties and functions contained in Section 7 of this
9 act. The term does not include a municipality, a •ependent
10 district as defined in s. 189. 403, or a community de elopment
11 district or other multiple function district perform ng fire
12 suppression, prevention and related activities in add tion to
13 providing other services or facilities.
14 Section 4. Preemption of special acts and general acts -f local
15 application.-- All independent special fire control ditricts,
16 regardless of the existence of other, more specific provi= ions of
17 special act, general law of local application, or local go ernment
18 ordinance creating the charter of said district, shall comely with
19 the provisions of this act. It is the intent of the leg slature
20 that wherever there is a direct conflict between the provi ions of
21 this act and other applicable special acts, general laws f local.
22 application, or local government ordinance,@ oreati g said
23 district' s charter, the provisions of this act shall revail.
24 However, nothing in this act shall require modificat one to
25 district financing or operations which would result in an
26 impairment of existing contracts, debt obligations, or o venants
27 and agreements relating to bonds validated or issued by the
28 district. Provided further, this act shall not repeal any
29 authorization within a special act, general law of local
30 application, or local government ordinance providing for the levy
31 and asssesment of ad valorem taxes, special assessments, or non-
32 ad valorem assessments by a district.
2
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17 which ohe11 kto record: - . . - - : - - • • • - - . -
18 proceedings, oertificotrco, bon- - - _ - .. - _ _ . • .
19 . . . - - . - - - - - •• - - - - - - - - - - - - - - - - . . . .. - -
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28 Section 6. General powers.--agh The district shall have, and ilia
29 the board may exercise by majority vote, the following po ere:
30 (1) To sue and be sued in the name of the distriot; o adopt
31 and use! a seal and authorize the use of a facsimile ther of; and
32 to make and execute contracts and other instrumento noes sary or '
6
1 convenient to the exercise of its powers.
2 (2) To provide for a pension or retirement plan, for its
3 employees.
4 (3) To contract for the services of consultants t perform
5 planning, engineering, legal, or other appropriate sery ces of a
6 professional nature.
7 (4) To borrow money and accept gifts; to apply fo and use
8 grants or loans of money or other property from the Unite States,
9 the state, a unit of local government, or any person for any
10 district purposes and enter into agreements required in c nnection
11 therewith; and to hold, use, sell, and dispose of such oneys or
12 property for any district purposes in accordance with the terms of
13 the gift, grant, loan, or agreement relating thereto.
14 (5) To adopt rules and orders pursuant to the prov sions of
15 chapter 120 prescribing the powers, duties, and function of the
16 officers of the district; the conduct of the busines of the
17 district; the maintenance of records; and the form f other
18 documents and records of the district. The board may al o adopt
19 ordinances and resolutions which may be necessary for the conduct
20 of district business.
Z1 (6) To maintain an office at such place or places a it may
f2 designate within a county in which the district is loc ted and
'3 appoint an agent of record.
4 (7) To acquire, by purchase, lease, gift, dedication, devise
5 or otherwise, real and personal property, or any estate the sin for
6 any of the purposes authorized by this act; and to trade, sell or
7 otherwise dispose of surplus real and personal property. T e board
3 of commissioners shall have the power and authority o make
purchases of equipment on an installment basis as neces.'ary, if
funds are available for the payment of the current year's
installment on such equipment plus the amount due in that year on
any other installment or other indebtedness.
7
1 (8) To hold, control, and acquire by donation or 'purchase
2 any public easements, dedications to publiq use, platted
3 reservations for public purposes, or any reservations for those
4 purposes authorized by this act and to makeuse of such easements,
5 dedications, or reservations for any of the purposes authorized by
6 this act.
7 (9) To lease as lessor or lessee to or from any persdn, firm,
8 corporation, association, or . body, public orpriva s, any
9 facilities or property of any nature for the use of the istrict
' 10 to carry out any of the purposes authorized by this act.
11 (10) To borrow money and issue • = . = . •• i• - • . : .
12 or li¢diol assessment bonds, revenue anticipation csrti.-icates,
13 warrants, notes, or other evidence of indebtedness and "ortgage
14 real and personal property necessary to carry out the di =triotes
15 duties and authority under this act.
16 (11) To charge user charges, impact fees and other ees and
17 charges authorized by resolution of the board . • ( ,
18 gg,aeral 1sE, in amounts which are necessary for the conduc of the
19 district activities and services and to enforce their rec ipt and
20 collection in the manner prescribed by resolution not ince aistant
21 with law.
22 (12) To exercise the right and power of eminent domain,
23 pursuant to the provisions of chapters 73 and 74 over any •roperty
24 within the district, except municipal, county, state or federal
25 property utilized for a public purpose, for the uses and .urposes
26 of the district relating solely to the establishm.nt and
27 maintenance of fire stations and fire substations, spec fically
28 including the power for the taking of easements 'to se vs such
29 facilities.
30 (13) To cooperate with, or contract with, other gove.nmental
31 agencies as may be necessary, convenient, incidental, or p open in
32 connection with providing effective mutual aid and furthe ing any
8
1 of the powers, duties, or purposes authorized by this ao .
2 (14) To assess and impose, upon real property in the district
3 ad valorem taxes, 119n-ad valozem asses .jnents and special
4 assessments as authorized by this act.
5 (15) To impose and foreclose special assessment lens as
6 provided by this act or to impose, collect, and enforce non-ad
7 valorem assessments pursuant to the provisions of chapte 197.
8 (16) To select as a depository for its funds any ualified
9 public depository as defined in s. 280. 02 which meets all the
10 requirements of chapter 280 and has been designated by the
11 Treasurer as a qualified public depository, upon such terms and
12 conditions as to the payment of interest by such depository upon . .
13 the funds so deposited as the board may deem just and rea, onable.
14 (17) To provide adequate insurance on all real and •ersonal
15 property, equipment, employees, volunteer firefighters a d other
, 16 personnel.
17 (18) To exercise all of the powers necessary, con enient,
18 incidental, or proper in connection with any of the powers, duties,
19 or purposes authorized by this act.
20 (19) To exercise such special powers as may be autho ized by
21 this act.
22 Section 7. Special powers.--The district shall have, and t e board
23 may exercise any or all of the following special powers elating
24 to facilities and duties authorized by this act;
25 (1) Provide for fire suppression and prevention by the
26 establishment and maintenance of fire stations and fire sub= tations
27 and acquire and maintain all fire fighting and protection e- ipment
28 necessary for the prevention of fires or the fighting of fires.
29 (2) Establish and maintain emergency medical and rescue
30 response services and acquire and maintain rescue, med cal and
31 other emergency equipment subject to the provisions of chap er 401.
32 (3) Employ and train such personnel as may be nece sary to
9
1 accomplish the duties of the districts train, coordinate and equip
2 such volunteer firefighters as may be necessary to accomplish the
3 duties of the district. The board may employ, and fix the
4 compensation of a fire chief or chief administrator. Tis board
5 shall prescribe the duties of this employee which shall include
6 supervision and management of the operations of the diet ict and
7 its employees, and maintenance and operation of its facil ties and
8 equipment. The fire chief or designated chief administrat r of the
9 district may hire or otherwise employ and terminate the em loyment
10 of such other persons, including, without limitation, professional,
11 supervisory, administrative, maintenance and clerical employees,.
12 aa may be necessary and authorized by the board. The compensation
13 and other conditions of employment of the officers and e ployeea
14 of the district shall be as provided by the board.
15 (4) Conduct public education to promote awareness of methods
16 to prevent fires and reduce life and property loss from f res and
17 related emergencies.
18 (5) Promulgate and enforce fire safety standards an. codes,
L9 enforce the rules of the State Fire Marshal, and exer•ise the
>.o duties authorized by chapters 553 and 633 .
:1 (6) Conduct arson and cause and origin investigatio e.
2 (7) Promulgate hazardous material safety and e"ergency
3 response plans.
4 (8) Contract with general purpose local governor=nt for
5 emergency management planning and services.
6 Section 8. Preemption, aneaial act arohibition; taxes; non-ad
7 valorem assessments; impact fees And user nhsrges.
8 .(JI1 . , • • _ = • • . • • - • 1.. ;
9 Constitution, special acts ar eneral laws of local aiaplication
0 _relAtting to the_ sew ar collect an by Piro distr„_is,fir ad valarem
1 taxes, non-ad valorem or §ipec4a1 assessments. impagt fee J uses
san s
,.._ authorized pursuant t.g this ,section
10
1 - , - • . • , • s e , - • • ! _. _ . that
2 the slihlect.s identified in this_ section shall 1e preem•ted and
3 • .v- •• ! • - ac , O ix. h0, - = - , a •e . • •
4 • - . - • " •t • • z • ; ted g for to the =ffectjve
5 • , - " • co, • , f• . ••_
6 (2)+ -}- Ad valorem taxes - Notwithstandina any so_pial act
7 A-n---e--1-eist-etil board of ,
8 district shall have the power to levy and assess an
9 ad valorem tax on all the taxable property in the district to
10 construct, operate and maintain district facilities and services;
11 to pay the principal of, and interest on, any general obligation
12 bonds of the district; and to provide for any sinking or other
13 funds established in connection with any such bonds. An ad valorem
14 tax levied by 'the board for operating purposes, exclusive of debt
15 service on bonds, shall not exceed 4 .5 mills unless a highs amount
16 has been previously authorized by law for 4L distrigt. uch tax
17 shall be assessed, levied and collected in , the same m nner as
18 county taxes. The levy of ad valorem taxes pursuant to his law
19 ,4nd in excess of env rate authorized by spacial act or 5Tenral law
na
ected r a to January 1 . 1992 shall be approved by referendum
1 called by the board when required by the State Conatituti«n. The
2 levy of ad valorem taxes may exceed the amount author zed by
3 special act if approved by the qualified voters of the d strict.
4 The levy of ad valorem taxes approved by referendum s = ll be
5 reported within 60 days of the favorable vote to the Depar 'ment of
S community Affairs, Special District Information Program.
i .(.).- } Non-ad valorem assessments - Each The diatri•t shall
t have the right, power and authority to levy non-ad valorem special
assessments as defined in s. 197.3632 to construct, oper= ts and
maintain district facilities and services. The rate uf suoh
assessment* shall be fixed by resolution of the bgard of
commissioners but in no event -shall s o --n I ha
11
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1 - - - - 1 . a - - - - - • • -
2 - - - - - • - - - - - -fie- a bearrd Non-ad
3 valorem assessments rates set by the board may exceed the cap
4 established by any special act or referendum in an amou t not to
5 exceed 10% above the rate set the previous fiscal year. Non-ad
6 valorem rate increases within the 10% threshold are dee d to be
7 within the maximum rate authorized by law at the time of initial
8 imposition. Non-ad valorem assessments may be imposed, ollected
9 and enforced pursuant to the provisions of ss. 197 .363 through
10 197. 3635.
11 j4.1-(-3+ User charges
12 (a) The board of commissioners is authorized t provide
13 a reasonable schedule of charges for emergency services, in luding,
14 but not limited to, firefighting occurring in or to at uctures
15 outside the district, motor vehicles, marine vessels, air raft or
16 rail cars, or as a result of the operation of such motor v hicles,
17 marine vessels to which the district is called upon to railer such
18 emergency service, and to charge a fee for the services tendered
19 in accordance with said schedule.
20 (b) The board of commissioners is authorized to provide
21 a reasonable schedule of charges for the fighting o ' fires
2 occurring in or at refuse dumps or as a result of an illeg- 1 burn,
:3 which fire, dump, or burn is not authorized by general or special
4 law of the State of Florida, rule, regulation, order, or o •dinance
5 to which the district is called upon to fight and/or exti guish.
6 (c) The board of commissioners is authorized toi•rovide
7 a schedule or reasonable charges for responding, standing •y as a
3 protective measure and/or assisting in or mitigating weer-encies
which either threaten or may threaten the health and sa 'ety of
persons, property or the environment, to which the distr ct has
been called including but not limited to a charge for res.onding
to false alarms.
12
1 (d) The board of commissioners is authorized to provide
2 a reasonable schedule of charges for inspection of strueures and
3 plans to determine compliance with fire safety codes and standards.
4 (e) The district shall have a lien upon ny real
5 property, motor vehicle, marine vessel, aircraft, or rail cars for
6 the charges assessed pursuant to this subsection.
7 . 2.+4-x- Impact fees The board of commissi•nere is
8 authorized to establish a schedule of impact fees i • u . . 9 =
9 vim any_aeneral law tandards for new construction to pa for the
10 cost of new facilities and equipment, the need for whi is in
11 whole or part the result of new construction. The imp of teas
12 collected by the district pursuant to this subsection shal be kept
13 as a separate fund from other revenues of the district a d shall
14 be used exclusively for the acquisition, purchase or cons ruction
15 of new facilities or portions thereof required to prow de fire
16 protection and emergency service to new construction. "New
17 facilities" shall mean land, buildings, and capital eq ipment,
18 including, but not limited to, fire and emergency vehicles radio-
19 telemetry equipment and other firefighting or rescue e• ipment.
20 The board of fire commissioners shall maintain adequate records to
21 ensure that impact fees are expended only for permissible new
22 facilities. The board of commissioners may enter into agreements
'3 with local general purpose governments to share in the r venues
4 generated by fire protection impact fees imposed by such en ities.
5 section 9. rntergovermmsntal coordination.--
6 (1) For the purpose of coordinating the planning and
7 activities of all entities providing fire protection and
suppression services, all fire chiefs of each countyare strongly
encouraged to organize and meet as a county fire chiefs
association. such association may elect officers and meet at least
biannually.
(2) Each independent spacial fire control district shall
13
1 promulgate a five year plan to identify the facilities, equipment,
2 personnel and revenue needs of the district over the nextfive year
3 period. Such plan shall be updated in accordance with S. 189.415
4 and shall satisfy the requirement for a public facilities report
5 required by s. 189.415(2) .
6 (3) If any dependent district or municipal service taxing or
7 benefit unit is created within, or if any municipality annexes any
8 land presently included in, the corporate limits of an independent
9 special fire control district, the independent district: and the
10 respective municipality or county shall, prior to adopti ' of the
11 ordinance annexing the land or creating a dependent distr ct, MSTU
12 or MSBU, enter into an interlocal agreement, which shall address
13 the following: allocation of responsibility for fire protect ion and
14 rescue services; avoidance of double taxation of property owners
15 in the area of overlapping jurisdiction for such s rvioes;
16 prevention of loss of any district revenues which may be
17 detrimental to the continued operations of the ind pendent •
18 district; avoidance of impairment of existing district contracts;
19 the disposition of property and equipment of the ind endent
20 district and any assumption of indebtedness for the same; nd the
21 status and pension rights of any adversely affected emplo ees of
22 the independent district. Until such interlocal agree ant is
23 effective, the independent special fire control distric shall
24 continue to levy and collect ad valorem taxes and non-ad alorem
25 assessments, user fees and other fees and charges and cont nue as
26 the service provider within the district's boundaries for d strict
27 purposes as described in this act and any applicable speci 1 act.
28 section lo. imulla acts ,orobibitep district creation, exp rasion,
29 saorger and dissolution.-
30 j,11 • _ - . . • . • I :c • . • the F Arida
11 • . _ • . - • • _ - - • •e, : _ 1 . , = of 1Qca1 ap
2 relating to the expAnsion. contraction Qr mevger of indegrent
14
•
1 ne,distz,iota are prohibiied,A.
2 -E4-)- New independent special fire control dist iots may
3 only be created by the Legislature pursuant to a. 189.40k.
4 121-(-2-}• The corporate limits of a district aubjec to this
5 act may be modified. extended or eftd enlarged from time t time by
6 special act of the legislature or as follows:
7 (a) Notaithet,anding any special act to the Qpn;trazv. a
8 definitely described tract or tracts of land lying contiguous to
9 the boundaries of the district, - - - -
10 or one or more tract lying
11 contiguous to each other with one of the traotss ' lying .co i tiguous
12 to the boundaries of the district, may ' be = . • 11 •
13 incorporated into a district by rQsolut,,i.on o: whew
14 - - - - - • - - -
15 2 - - • - • -
16 ei- • .. - -
17 - - - - - -
18 - • - - - - - • - - - - • . _ key
19 proposal . • : - • • : . 1 • •• _ • • • - • -
20 sha11 ba #o approved by a majority of the electors within th$ tract
21 or tracts to be included ...0eletec3 in a referendum ,on the proposal
22 called and held by the board of commissioners. If 100% of the
23 owners of the real property within the tract or tracts to be
24 included have petitioned the board, there shall be no referendum
25 of the electors.
26 1111 Prior to hQ?ding to retarendum, th,$ fnci to or
de1et of land from a district, the ,proposal or inalus orl or
!8 - • • • •: • - - it- - • - O: A. major ty of
9 • 1 7 H != - • • _ • .V: • • ••• • t : • • : • . • •• . :
0 - • e= ! . t• 1 W• • • - t ,c s t . ; • . . • •
1deletio of lands from a dish ct h2�11 he rohibited}inless low
? general nuroose aoyernme t � p roya.1- is granted,
•
15
•
•
•
1 /z1-04. The aQs„ 1 petit4oh must contain the legal
3 description of the property nought to be included in th district
3 and the names and addressee of the owners of the propert and must
4 be accompanied by a certificate from an authorized titl ooznpany
5 doing business in the county betting forth the name of all
6 persons, firms, or corporations owning any interest in the
7 property.
It a proposal to include en area into a di trict is
9 approved by the affirmative vote of the electors at the re erendum,
10 the board of commissioners shall thereafter adopt a re- olution
11 describing the lands to be included in the district and she 1 cause
12 such resolution to be duly enrolled in the record of the meeting
13 and a certified copy of the resolution to be recorded w thin 30
14 days of adoption in the Office of the Clerk of the Cirou t Court
15 in the county or counties in which the district ie loca ed and
.16 shall be filed within 30 days of adoption with the Depart ent of
17 Community Affairs, Special District Information Program. Wen the
18 resolution has been enrolled and recorded, the new territ ry and
19 the inhabitants thereof shall enjoy all the privileges and be
20 subject to all of the liabilities pertaining to inclusion in the
21 district.
22 - - - - - j
23 —1-tria s to-ile►-n-r--t rion
tnti VpreVaci-irr-the—C-C f i rm• _ . . - • • - - -
5 _.... . - - - - • - - - - - • Iry-3ae� Asa
6 _ - - _ - - _ • - • • - rouse
7 _ y_ _L_ — r {r _ppm1-,-
3 (e) The revised corporate boundaries of a district sh 11 be
filed within 30 days of the affective date of the action wi the
Department of Community Affairs special District Information
Program,.'
(f) No district may annex lands pursuant to the prose urea
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1 of this subsection which lands are included, in part orlin whole,
2 in the corporate limits of an independent or dependen special
3 district currently providing fire protection and su pression I
4 services or other functions authorized by act or this spa c I
cilat
5 or local government ordinance.
6 (3) The merger of an independent special firecontrol
)7 district with all or a portion of other independent or epiiAndent
8 fire control districts shall be accomplished pursuant to se.
9 189. 4042 and 3.89.4045. An effective merger shall be d armed to
10 dissolve the original district(s) . No independent spec al fire
11 control district may, by merger with another governments entity
12 alone, increase ad valorem taxes or non ad valorem assessment rates
13 on property within the original limits of the district beyl•nd the
14 maximums established by the district's enabling legislation unless
15 approved by the electors of the district by referendum.
.6 (4) An independent special fire control district may •nly be
7 dissolved pursuant to this section or se. 189 .4043 or 189.4 .44.
8 Section 11.--
9 Subsection (3) of Section 316.072 is amended to read;
316.072 Obedience to and effect of traffic laws.--
(3) OBEDIENCE TO. POLICE AND .. IRE DEPARTMENT OFFICIALS. - It
is unlawful and a misdemeanor of the second degree, punishab a as
provided in s. 775.082 or s. 775. 083, for any person willful y to
fail or refuse to comply with any lawful order or direction o any
law enforcement officer, traffic accident investigation offic: r as
described in e. 316. 640, traffic infraction enforcement offic-r as
described in s. 318 .141, or member of the fire department at the
scene of a fire, rescue operation or other emergency.
Section 12. Effective date.--
This act shall take effect upon becoming law.
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