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Agenda 02/08/2011 Item #10A 2/8/2011 Item lOA EXECUTIVE 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 OBJECTIVE: For the Collier County Board of County Commissioners (BCe) to review the proposed legislation (attached) that provides a process for volunteer consolidation of one or more independent tire districts into the Southwest Florida Fire Control and Rescue District (SWFFCD), CONSIDERATION: The Collier County Legislative Delegation voted unanimously on November 23, 2010 to move the proposed local bill forward however at least three members, including State Senator Garrett Richter, State Representative Kathleen 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 and was heard by the BCC at the last Board meeting on Tuesday, January 25 but was continued by the Board until February 8, 201 1 to permit further review due to the approval of the certificate of public convenience and necessity (COPCN) earlier in the same meeting. During the discussion, North Naples Fire Department attorney Laura Donaldson told the BCC "a very concerted effort was made to assure we were not eliminating the COPCN process, .. She also said: "In Statute 401 there's a specific requirement that to get a state license, we get a COPCN from Collier County, Under your county code, I cannot transfer that license and we would have to come back.., Yes, on an annual basis," Ms, Donaldson later reported to county staff that Senator Richter had agreed to put the local bill in drafting as a courtesy, with no commitment to sponsor. This allows North Naples Fire to avoid missing the pending Senate deadline regarding bill drafting submission. County staff also contacted Sen. Richter's Tallahassee office directly and learned that the deadline for bill drafting was January 28 at 5 p,m, Until Commissioners provide a recommendation or an opinion, nothing will be done with the bilL according to the Senator's legislative staff. When the language is in drafting, it is confidential and drafting can only release it to the requestor. Senator Richter will either tell his staff to approve it to file as a bill, or to hold it, or they may need to make more changes and the process starts over again, Senator Richter has until 12 p,m, on March 8 - the opening day of the 2011 Legislative Session- to actually file the legislation ifhe decides to sponsor the bill, 1 Packet Page -205- 2/8/2011 Item lOA In addition. during the January 25 BCC meeting, Ms. Donaldson told the BCC that any existing district that joins the new SWFFCD and seeks to provide their own advanced life support (ALS) service will be required to first apply to and be issued a COPCN from the Collier County BCC before making application to the state. In subsequent communications. she has expressed that potential changes in general law/state statutes with regards to local issuance of COpeN may be reflected in their adherence to those rules; Since the Board's Jan, 25 meeting, the bill has been amended by the District to include the following: /, Amends subsection (2) of section 7 by deleting a summary of the new district's powers, This is to avoid any confusion regarding whether the language granting the power to per:form emergency medical services consistent with chapters 191 and 401, Florida Statutes, in this section preempts the language in subsection (7), which clearly specifies that a COPCN is necessary ifrequired by Florida Law. 2. Amends subsection (7) of section 7 by clari.fYing that the district must receive a COPCN if it's required by general law (chapter 401, Florida Statutes). 3. Amends subsection (7) of section 7 by clari.fYing that a COPCN, tf required by general law, must be received prior to the district providing emergency medical services to an area recentZv included within its boundaries, The intent was to clarify the language to provide that the new district (SWFFCD) will abide by State law, However, according to Ms, Donaldson: "We are not willing to bind the new district to a requirement that may not be required by Florida law in the future." Therefore, if a majority of the Board would prefer that the new district (SWFFCD) continue to be required to obtain Board approval for a COPCN along with the COPCN annual review, then that language would need to be added to the bill. If there is an attempt to eliminate local approval/review of COPCN' s through state legislation, the County Attorney's Office believes ifthe Special Act is passed that gives the county the right to issue COCPN's during the same session as a General Law that frees the fire districts from this requirement, the Special Act should prevail. If the General Law is passed at a later session, the county Special Act right to issue will likely be held to be no longer valid, and will be held as invalid if the legislative intent that it be preempted is clear, The proposed bill amendment: Seetion 7. Powers ofthe District is attached. 2 Packet Page -206- 2/8/2011 Item lOA In addition, 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 ofthe 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 referendwn question presented to the electors. . Option 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~ . 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 indepcndent 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. 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 bc 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: 3 Packet Page -207- 2/8/2011 Item lOA NNFD Final Taxable Property Value 2010: Maximum Millage Rate Allowable $25,304,081,978 x 1Mil Maximum Revenue Which Could Be Generated - NNFD $25,304,082 GGFD Final Taxable Property Value 2010: Maximum Millage Rate Allowable $ 6,657.956,226 x 1.50 Mils Maximum Revenue Which Could Be Generated - GGFD $ 9,986,934 Combined Maximum Revenue ($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 (1.1 0 per statute) 1.1318 x 1.10 Final Maximum Millage Rate of New District 1.2450 . 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. 4 Packet Page -208- 2/8/2011 Item lOA . 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. . 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 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. FISCAL IMPACT: There is no fiscal impact associated with this executive summary. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and requires a simple majority vote (supporting or opposing the bill). -JW GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this executive summary. RECOMMENDA TION: 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 5 Packet Page -209- 2/8/2011 Item lOA COLLIER COUNTY Board of County Commissioners Item Number: lOA 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. (Debbie Wight, Legislative Affairs Coordinator) Meeting Date: 2/8/2011 Prepared By Name: eurranJanet Title: Supervisor - Operations,eommunication & eustomer Relations 1/27/201 I 8:22:05 AM Submitted by Title: Legislative Affairs eoord inator, Name: WightDebbie 1/27/2011 8:22:07 AM Approved By Name: TorreJohn Title: Director - eommun, & eustomer Relations,eommunication & Customer Relations Date: 1/27/2011 1:08:39 PM Name: KlatzkowJeff Title: eounty Attorney, Date: 1/28/201] 2:4 I :25 PM Name: Greenwa1dRandy Title: Management/Budget Analyst,Office of Management & B Date: 1/31/2011 2:38:09 PM Name: KlatzkowJeff Title: Counry Attorney, Packet Page -210- 2/8/2011 Item lOA Date: 1/31/201] 4:31 :07 PM Name: OchsLeo Title: County Manager Date: 2/1/20] 1 12:44:30 PM Packet Page -211- 2/8/2011 Item lOA 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 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. 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 {00007001.DOCX} 1 Packet Page ,212- 2/8/2011 Item lOA 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 {00007001,DOCX} 2 Packet Page -213, 2/8/2011 Item lOA 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 ("operational 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.- {00007001.DOCX} 3 Packet Page -214, 2/8/2011 Item lOA 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 becoming 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 {00007001.DOCX} 4 Packet Page -215- 2/8/2011 Item lOA 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 until the next general election, 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 as 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 {00007001.DOCX} 5 Packet Page -216- 2/8/2011 Item lOA 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 shall 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, {00007001.DOCX} 6 Packet Page ,217- 2/8/2011 Item lOA 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 SOAs created pursuant to section 5, excluding any ex officio SOA. If there are fewer than five SOAs at the time of the election and until there are at least five SOAs 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 SOA, there shall be five at-large seats; if there are two SOAs, there shall be two members elected from each SOA and one member elected at large within the boundaries of the district; if there are three SOAs, there shall be a member elected from each SOA and two members elected at large within the boundaries of the district; and if there are four SOAs, there shall be a member elected from each SOA 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 SOA, excluding ex officio SOAs, shall be represented on the fire board by a member who is a resident of the SOA and who has been elected by the electors of the SOA. 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 SOA's officio member must be a resident of the ex officio SOA and is appointed by the local government that the district is providing service for pursuant to an interlocal agreement. {00007001.DOCX} 7 Packet Page -218- 2/8/2011 Item lOA 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, U) 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 {DDDD7DD1,DOCX} 8 Packet Page ,219- 2/8/2011 Item lOA 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 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, (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 is 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, {00007001.DOCX} 9 Packet Page -220- 2/8/2011 Item lOA 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 {00007001,DOCX} 10 Packet Page -221- 2/8/2011 Item lOA 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) 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, {00007001.DOCX} 11 Packet Page -222- 2/8/2011 Item lOA 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) (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 pursuant to 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 {00007001.DOCX} 12 Packet Page -223- 2/8/2011 Item lOA 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) 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, Florida Statutes, within the boundaries of each of the independent special fire control 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 {00007001.DOCX} 13 Packet Page -224- 2/8/2011 Item lOA 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) 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 {00007001.DOCX} 14 Packet Page -225- 2/8/2011 Item lOA 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) 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,- {00007001.DOCX} 15 Packet Page -226- 2/8/2011 Item lOA 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 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 authority 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. {00007001.DOCX} 16 Packet Page -227- 2/8/2011 Item lOA 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) (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,Q55(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 liability.- (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 {00007001.DOCX} 17 Packet Page -228- 2/8/2011 Item lOA 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) 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. Pursuant 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 {00007001.DOCX} 18 Packet Page -229- 2/8/2011 Item lOA 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) 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 shall 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, {00007001.DOCX} 19 Packet Page -230- 2/8/2011 Item lOA 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) 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 {00007001,DOCX} 20 Packet Page -231- 2/8/2011 Item lOA 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 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 more than one independent special fire control and rescue district requests the referendum, each independent special 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 {00007001.DOCX} 21 Packet Page -232- 2/8/2011 Item lOA 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) 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 I n 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] {00007001.DOCX} 22 Packet Page -233, 2/8/2011 Item lOA 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) 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 {00007001.DOCX} 23 Packet Page -234- 2/8/2011 Item lOA 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) 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 Packet Page -235, 2/8/2011 Item lOA 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 Packet Page -236- 2/8/2011 Item lOA 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 -237- 2/8/2011 Item lOA 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 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 lower. Section 22, This act shall take effect upon becoming a law, {00007001.DOCX} 27 Packet Page -238- 2/8/2011 Item lOA 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 and 191, Florida Statutes, and as subsequently amended, 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 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, Packet Page -239- 2/8/2011 Item lOA (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, The district shall be required to receive a certificate of public convenience and necessity or its equivalent from Collier County in order to provide emergency medical services if a certificate of public convenience and necessity or its equivalent is required by chapter 401, Florida Statutes, and as subsequently amended, to provide such service, If the district's boundaries expand after it receives a certificate of public convenience and necessity or its equivalent, and chapter 401, Florida Statutes, and as subsequently amended, requires that a certificate of public convenience and necessity or its equivalent, then the district must receive a certificate of public convenience and necessity or its equivalent prior to being able to provide such emergency medical service to the newly added areas within its boundaries, (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, (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 Packet Page -240- 2/8/2011 Item lOA 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 pursuant to 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. Packet Page -241, 2/8/2011 Item lOA CurranJanet F'rom: 3ent: To: Cc: Subject: Attachments: WightDebbie Thursday, January 27, 2011 11 :13 AM CurranJanet T orreJohn FW: proposed language for the consolidation local bill 00007156,docx Please include this email as backup, Document 4, Title it "Donaldson Email." Thank you, From: Laura Donaldson rmailto:ldonaldson(cilfloridah20law,coml Sent: Thursday, January 27, 201110:31 AM To: OchsLeo; KlatzkowJeff; WightDebbie; TorreJohn Cc: Orly Stolts; Becky Bronsdon; Jorge Aguilera Subject: proposed language for the consolidation local bill Attached is a proposed amendment to the consolidation local bill. The proposed language: 1. Amends subsection (2) of section 7 by deleting a summary of the new district's powers, This is to avoid any confusion regarding whether the language granting the power to perform emergency medical services consistent with chapters 191 and 401, Florida Statutes, in this section preempts the language in subsection (7), which clearly specifies that a COPCN is necessary if required by Florida Law, 2, Amends subsection (7) of section 7 by clarifying that the district must receive a COPCN if Its required by general law (chapter 401, Florida Statutes), 3, Amends subsection (7) of section 7 by clarifying that a COPCN, if required by general law, must be received prior to the district providing emergency medical services to an area recently included within its boundaries, We are willing to clarify the language to provide that the new district will abide by State law, However, we are not willing to bind the new district to a requirement that may not be required by Florida law in the future. The inclusion of language that requires a COPCN even if it's not required by Florida law will actually create a disincentive to consolidation if the COPCN is no longer required, The reason is that the COPCN requirement would only be applicable to the new district and not the existing five fire districts, If an existing district wanted to provide EMS services and a COPCN is no longer required by Florida law, then the existing district would not want to merge into the new district since there would be a new restriction on it. I do not know if the COPCN requirement will ever by eliminated by the Florida Legislature, However, I have to write the local bill to incorporate any future changes, This is one of the reasons that you see throughout the existing local bill references to "and as may be amended," This language is not just limited to changes to chapter 401. Without this language, issues could rise in the future regarding whether new statutory changes are applicable to the district's charter, North Naples Fire Control and Rescue District faced this issue during the Pelican Bay annexation issue when the City claimed that section 191.093, Florida Statutes, did not apply to annexations within the NNFCD's boundaries since the NNFCD's charter provided a different process, To clarify the issue and avoid litigation, the NNFCD had to revise its charter, We want to avoid potential statutory interpretation issues, Laura rider Florida Law, e.mail addresses are public records. If you do not wanl your e-mail address released in response to a public records request, do not send t;!leclronlc mail to this entity. Instead. contact this office by telephone or in wriling. Packet Page -242-