Agenda 02/23/2010 Item #10B
Agenda Item No. 10B
February 23, 2010
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to approve a clarifying Resolution stating the position of the
Board of County Commissioners is to support the consolidation of all the
independent fire control and rescue districts in Collier County into one district
providing unified and equal fire protection services throughout the county.
OBJECTIVE: For the Collier County Board of County Commissioners (BCC) to
approve a Resolution (attached) in support of consolida1ion of the five independent fire
districts into one merged district that will provide unified fire protection and rescue
services throughout the county.
CONSIDERATION: The BCC voted at a regular meeting on January 26, 2010 to
oppose for a second time the proposed consolidation legislation that was approved by the
Collier County Legislative Delegation on November 24, 2009. The Board first rejected it
when adopting the Collier County 2010 State Legislative Priorities on October 13,2009.
On January 27, 20 I 0 Rep. Matt Hudson filed House Bill 807, Paradise Coas1 Fire Control
and Rescue District, and House Bill 809, Panther Creek Fire Control and Rescue District,
which are identical except in name.
The two (2) bills proposed (HB 807 and HB 809) create two (2) new special districts with
no provisions that include specific requirements for a merger/consolidation to ever take
place. In their current form, the bills appear to have no adverse impacts on Collier County
Emergency Medical Services. The bills do include provisions that grant additional
powers to the new special districts (i.e. voter approvai of new assessments only once
upon passage by Florida Legislature). The specific concerns/issues with the proposed
legislation are outlined in the agenda attachment.
FISCAL IMP ACT: There is no fiscal impact associated with this executive summary.
LEGAL CONSIDERATIONS: The attached Resolution is .legally sufficient for Board
action.-SRT
GROWTH MANAGEMENT IMP ACT: There IS no growth management impact
associated with this executive summary.
RECOMMENDATION: That the Board of County Commissioners approves a
clarifying Resolution stating their position is to support the consolidation of all the
independent fire control and rescue districts in Collier County into one (l) district
providing unified and equal fire protection services throughout the county.
Prepared by Debbie Wight, Assistant to the County Manager
Item Number:
Item Summary:
Meeting Date:
Agenda Item No.1 06
February 23, 2010
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10B
This item to be heard at 11 :00 a.m. Recommendation to approve a clarifying Resolution
stating the position of the Board of County Commissioners is to support the consolidation of
all the independent fire controi and rescue districts in Collier County into one district providing
unified and equal fire proteclion services throughout the county. (Debbie Wight, Assistant to
the County Manager)
2/23/20109:00:00 AM
Prepared By
Janet Curran
Communication & Customer
Relations
Administrative Assistant
Date
Communication & Customer Relations
2112120108:43:06 AM
Approved By
Leo E. Ochs. Jr.
County Managers Office
County Manager
Date
County Managers Office
2117/20109:30 AM
Agenda Item No.1 DB
February 23, 2010
Page 3 of 6
RESOLUTION NO. 2010-
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, CLARIFYING THEIR POSITION
SUPPORTING CONSOLIDATION OF ALL THE INDEPENDENT FIRE
CONTROL AND RESCUE DISTRICTS IN COLLIER COUNTY INTO ONE
(I) DISTRICT PROVIDING UNIFIED AND EQUAL FIRE PROTECTION
SERVICES THROUGHOUT THE COUNTYWIDE COMMUNITY, AND
ALSO EMPHASIZING COST EFFICIENCY AS CUSTODIANS OF
TAX? A YER FUNDS.
WHEREAS, the Board of County Commissioners on October 13, 2009 first voted
against the proposed consolidation bills which were included among Collier County 20 I 0 State
Legislative Priorities but they were subsequently approved by the Collier County Legislative
Delegation on November 24, 2009; and
WHEREAS, the Board of County Commissioners on January 26, 2010 discussed the
proposed consolidation bills again and for a second time decided they would only support
legislation that resulted in merging independent fire districts into one (I) district countywide; and
WHEREAS, Representative Matt Hudson, Chairman of the Collier County Legislative
Delegation, on January 27, 2010 filed House Bill 807, Paradise Coast Fire Control and Rescue
District, and House Bill 809, Panther Creek Fire Control and Rescue District; neither of which
proposed bills contain provisions requiring consolidation/merging of fire districts; and
WHEREAS, HB 807 and HB 809 read that Collier County is comprised 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;
and
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Agenda Item No. 10B
February 23, 2010
Page 4 of 6
WHEREAS, 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 one of two
newly created independent special fire control districts with a procedure for the future merger of
these two districts into a consolidated independent special fire control district. It is the intent of the
Legislature that these two new districts not become operational until an existing independent special
fire control and rescue district elects to merge into one of the newly created districts; and
NOW, THEREFORE, BE IT RESOL YED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board of County
Commissioners does hereby support passage of a single local bill that provides for the
consolidation of the independent fire control and rescue districts into only one (I) district
providing unified, equal fire protection throughout the community to all citizens in the name of
public safety most importantly, and also emphasizing cost efficiency.
BE IT FURTHER RESOLVED that a copy of this resolution will be forwarded to the
Collier County Legislative Delegation, Speaker of the House and Senate President.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same,
this _23rd day of _February ,2010.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
, Deputy Clerk
BY:
FRED W. COYLE, Chairman
Approved as to form
and legal sufficiency:
~I? 1.-1
Scott Teach,
Deputy County Attorney
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Agenda Item No. 10B
February 23.2010
Page 5 of 6
Co~r ~u:nt:y
Staff Review of Fire Consolidation Bills HB 807, Paradise Coast Fire Control and Rescue
District, and HB 809, Panther Creek Fire Control and Rescue District, which are identical
except in name, and were filed in the House by Rep. Matt Hudson on Jan. 27, 2010.
. The proposed legislation does not require the consolidation of any two or more
independent fire districts. The bills only provide a process and framework for mergers to
possibly occur in the future.
. The proposed bill(s) allows one fire district to enter into this arrangement as a new
independent special district without merging with another district. However, if the
consolidated bill(s) passes the Florida Legislature, the new independent special fire
district(s) created will have the opportunity for new revenue-generating authority with just
one voter referendum.
. If residents approve the merger referendum, they are simultaneously approving the
levying of ad valorem and non-ad valorem assessments. Under current law, an existing
fire district may seek referendum approval to levy non-ad valorem assessments. Under
the proposed consolidation bills, the new district will have the authority to levy non-ad
valorem assessments if residents vote to approve the merger. The district is granted the
authority to assess and collect non-ad valorem assessments, fees and service charges
without further voter approval because the power to levy these assessments was
approved in the merger referendum. The specific assessments would NOT be
disclosed in the merger referendum. The fire districts are seeking an exemption from
the merger ratification requirement by the Florida Legislature. The districts are seeking
"preapproval" of potential mergers that would not require any further action (approval) by
the Florida Legislature.
. In the event of annexation, the consolidation bills do not require that the fire district
continues to remain the service provider. The consolidation bills do require that an
interlocal service boundary agreement process apply to all anriexations, which is
currently optional. Impacted governments will be required to sit down with the fire district
to discuss the transition and provision of services to the proposed annexed area. An
interlocal agreement could provide for the immediate transition of services or the status
quo. If no interlocal agreement is reached, current state law would apply, meaning the
fire district remains the service provider for a four-year transition period. If a new city is
created within the fire district boundaries, the fire district remains the service provider
under these proposed bills. If the new city wanted to opt out of the fire district, it would
have to seek an exemption from the Florida Legislature.
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Agenda Item NO.1 OB
February 23. 2010
Page 6 of6
. Under these bills, impact fees can still be used for the cost of new facilities and
equipment for fire protection and emergency services.
. The language regarding the Certificate of Public Convenience and Necessity (COPCN)
exemption was removed from the bills. According to the attorney for the fire districts, the
only way the districts can provide Advanced Life Support (ALS) services is either
through an interlocal agreement with the County or the granting of a COPCN from the
County. However, there are several references in the bill (lines 125,392,400,416,422) to
the fire district having the ability to "establish and provide" emergency medical services
with no mention of approval from the Board of County Commissioners. 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 bill as currently written does not directly impact Collier EMS operations.
. The bill states upon the effective date of a merger, all employees of the independent fire
district merging with the new district shall not lose rank or equivalent position of
command, or administrative position, pay, benefits, accrued leave, seniority or pension.
There is no reference in the bill to how long this arrangement (no loss of rank,
command, pay, etc.) could continue.
. The bill states a merger referendum shall not be a separate vote of each independent
fire district but rather the combined vote of the districts.
For example:
YES NO
District A
40
70
110
60
District B
30
90
TOTAL
Under this scenario, meroer approved even though the voters of District A rejected the idea.
. Allows for the fire board to have more than five members; Allow for the election of "at-
large" members; May allow for the chair to only vote in cases where there is a tie.
Current statute provides that a member be required to vote unless he/she has a conflict
of interest; Allows for four-year terms, subsequent Board appointment, and/or
conversions to elected positions. All are deviations from current law.
. Deviates from the current law requiring that a district readopt amendments to its fire
prevention code every three years.
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