| 13 | 13 | | An act relating to the Dorcas Fire District, Okaloosa 2 |
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| 14 | 14 | | County; amending chapter 2005 -331, Laws of Florida; 3 |
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| 15 | 15 | | providing that the district is a dependent special 4 |
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| 16 | 16 | | district; removing provisions relating to the 5 |
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| 17 | 17 | | district's status as an independent special district; 6 |
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| 18 | 18 | | providing that the Okaloosa County Board of County 7 |
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| 19 | 19 | | Commissioners or its appointees shall serve as the 8 |
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| 20 | 20 | | governing board of the district; deleting provisions 9 |
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| 21 | 21 | | relating to the duties, election, terms, compensation, 10 |
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| 22 | 22 | | and meetings of the district board of commiss ioners; 11 |
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| 23 | 23 | | removing the requirement that a resolution or 12 |
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| 24 | 24 | | ordinance adopted by the board and approved by 13 |
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| 25 | 25 | | referendum only be repealed by referendum; authorizing 14 |
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| 26 | 26 | | the district to assess ad valorem taxes and non -ad 15 |
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| 27 | 27 | | valorem assessments, and to impose and foreclose non-16 |
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| 28 | 28 | | ad valorem assessment liens, as authorized by law; 17 |
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| 29 | 29 | | removing the board's authority to enter into certain 18 |
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| 30 | 30 | | agreements with general purpose local governments; 19 |
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| 31 | 31 | | revising the rate of assessment of non -ad valorem 20 |
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| 32 | 32 | | assessments by the district; providing that expansion 21 |
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| 33 | 33 | | and merger of the district shall be ratified by the 22 |
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| 34 | 34 | | board; providing severability; providing an effective 23 |
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| 35 | 35 | | date. 24 |
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| 36 | 36 | | 25 |
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| 44 | 44 | | Page 2 of 27 |
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| 45 | 45 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 46 | 46 | | |
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| 47 | 47 | | Be It Enacted by the Legislature of the State of Florida: 26 |
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| 48 | 48 | | 27 |
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| 49 | 49 | | Section 1. Section 1, subsection (1) of section 2, and 28 |
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| 50 | 50 | | sections 3 through 11 of section 2 of chapter 2005 -331, Laws of 29 |
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| 51 | 51 | | Florida, are amended to read: 30 |
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| 52 | 52 | | Section 1. Creation; intent. —The Dorcas Fire District is 31 |
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| 53 | 53 | | re-created as a dependent an independent fire control district 32 |
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| 54 | 54 | | which shall operate pursuant to this special act and the 33 |
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| 55 | 55 | | provisions of chapter 191, Florida Statutes, the Independent 34 |
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| 56 | 56 | | Special Fire Control District Act, and all other general laws, 35 |
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| 57 | 57 | | whether referenced herein or not, which are applicable to 36 |
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| 58 | 58 | | dependent independent special districts. 37 |
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| 59 | 59 | | Section 2. Creation; bou ndaries.— 38 |
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| 60 | 60 | | (1) All of the following lands in Okaloosa County shall be 39 |
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| 61 | 61 | | incorporated as a dependent an independent special fire control 40 |
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| 62 | 62 | | district, which shall be a public municipal corporation for the 41 |
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| 63 | 63 | | public benefit, with perpetual existence, to be known as the 42 |
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| 64 | 64 | | Dorcas Fire District in which name it may sue and be sued, 43 |
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| 65 | 65 | | lease, own, possess, and convey real and personal property, by 44 |
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| 66 | 66 | | purchase or gift or otherwise, to carry out the purposes of this 45 |
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| 67 | 67 | | act. The lands so incorporated shall include the following : 46 |
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| 68 | 68 | | 47 |
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| 69 | 69 | | Commence at northwest corner of Section 7, Township 4 48 |
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| 70 | 70 | | North, Range 22 West; thence east along Section line 49 |
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| 71 | 71 | | to Okaloosa County line; thence south along Okaloosa 50 |
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| 79 | 79 | | Page 3 of 27 |
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| 80 | 80 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 81 | 81 | | |
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| 82 | 82 | | County line to southeast corner of Section 36, 51 |
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| 83 | 83 | | Township 3 North, Range 22 West; thence west along 52 |
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| 84 | 84 | | Section line to Shoal River; thence northeasterly 53 |
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| 85 | 85 | | along Shoal River to west Section line of Section 6, 54 |
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| 86 | 86 | | Township 3 North, Range 22 West; thence north along 55 |
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| 87 | 87 | | Section line to point of beginning. Okaloosa County, 56 |
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| 88 | 88 | | Florida. 57 |
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| 89 | 89 | | 58 |
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| 90 | 90 | | Section 3. Intent.—The purposes of this act are to: 59 |
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| 91 | 91 | | (1) Comply with chapter 97 -256, Laws of Florida, which 60 |
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| 92 | 92 | | calls for the codification of charters of all independent 61 |
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| 93 | 93 | | special fire control districts as defined in section 191.003, 62 |
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| 94 | 94 | | Florida Statutes, which were created by special law or general 63 |
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| 95 | 95 | | law of local application. 64 |
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| 96 | 96 | | (2) Provide standards, direction, and procedures 65 |
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| 97 | 97 | | concerning the operation and governance of the special fire 66 |
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| 98 | 98 | | control district known as the Dorcas Fire District. 67 |
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| 99 | 99 | | (3) Provide greater uniformity between the Dorcas Fire 68 |
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| 100 | 100 | | District and other independent special fire control districts. 69 |
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| 101 | 101 | | (4) Provide greater uniformity in the financing authority 70 |
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| 102 | 102 | | of the Dorcas Fire District without hampering the efficiency and 71 |
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| 103 | 103 | | effectiveness of current authorized and implemented methods and 72 |
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| 104 | 104 | | procedures of raising revenues. 73 |
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| 105 | 105 | | (5) Improve communication and coordination between the 74 |
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| 106 | 106 | | Dorcas Fire District and other local governments with respect to 75 |
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| 114 | 114 | | Page 4 of 27 |
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| 115 | 115 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 116 | 116 | | |
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| 117 | 117 | | short-range and long-range planning to meet the demands for 76 |
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| 118 | 118 | | service delivery while maintaining fiscal responsibilit y. 77 |
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| 119 | 119 | | (6) Provide uniform procedures for electing members of the 78 |
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| 120 | 120 | | governing board of the Dorcas Fire District to ensure greater 79 |
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| 121 | 121 | | accountability to the public. 80 |
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| 122 | 122 | | Section 3 4. Definitions.— 81 |
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| 123 | 123 | | (1) "Board" means the governing board of the Dorcas Fire 82 |
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| 124 | 124 | | District, which shall be comprised of the Okaloosa County Board 83 |
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| 125 | 125 | | of County Commissioners or its appointees. 84 |
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| 126 | 126 | | (2) "District" means the Dorcas Fire District, a dependent 85 |
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| 127 | 127 | | an independent special fire control district as defined in 86 |
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| 128 | 128 | | section 191.003, Florida Statutes . 87 |
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| 129 | 129 | | (3) "Elector" means a person who is a resident of the 88 |
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| 130 | 130 | | Dorcas Fire District and is qualified to vote in a general 89 |
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| 131 | 131 | | election within Okaloosa County. 90 |
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| 132 | 132 | | (4) "Emergency medical service" means basic and advanced 91 |
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| 133 | 133 | | life support service as defined in section 401.23, Fl orida 92 |
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| 134 | 134 | | Statutes. 93 |
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| 135 | 135 | | (5) "Rescue response service" means an initial response to 94 |
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| 136 | 136 | | an emergency or accident situation, including, but not limited 95 |
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| 137 | 137 | | to, a plane crash, a trench or building collapse, a swimming or 96 |
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| 138 | 138 | | boating accident, or a motor vehicle accident. 97 |
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| 139 | 139 | | Section 5. District board of commissioners; membership, 98 |
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| 140 | 140 | | terms of office, officers, meetings. — 99 |
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| 141 | 141 | | (1)(a) The business affairs of the district shall be 100 |
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| 149 | 149 | | Page 5 of 27 |
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| 150 | 150 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 151 | 151 | | |
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| 152 | 152 | | conducted and administered by a five -member board. The board 101 |
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| 153 | 153 | | shall be elected in nonpartisan elections by th e electors of the 102 |
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| 154 | 154 | | district. Except as provided in this act, such elections shall 103 |
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| 155 | 155 | | be held at a time and in a manner prescribed by law for holding 104 |
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| 156 | 156 | | general elections in accordance with section 189.405, Florida 105 |
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| 157 | 157 | | Statutes, and each member shall be elected for a term of 4 years 106 |
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| 158 | 158 | | and serve until the member's successor assumes office. 107 |
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| 159 | 159 | | Candidates for the board of the district shall qualify with the 108 |
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| 160 | 160 | | Okaloosa County Supervisor of Elections. All candidates may 109 |
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| 161 | 161 | | qualify by paying a filing fee of at least $25 or by obtainin g 110 |
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| 162 | 162 | | the signatures of at least 25 registered electors of the 111 |
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| 163 | 163 | | district on petition forms provided by the supervisor of 112 |
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| 164 | 164 | | elections which petitions shall be submitted and checked in the 113 |
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| 165 | 165 | | same manner as petitions filed by nonpartisan judicial 114 |
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| 166 | 166 | | candidates pursuant t o section 105.035, Florida Statutes. 115 |
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| 167 | 167 | | (b) The members of the board shall be elected by the 116 |
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| 168 | 168 | | electors of the district in the manner provided in this section. 117 |
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| 169 | 169 | | The office of each member of the board is designated as being a 118 |
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| 170 | 170 | | seat on the board, distinguished fr om each of the other seats by 119 |
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| 171 | 171 | | a numeral: 1, 2, 3, 4, or 5. The numerical seat designation does 120 |
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| 172 | 172 | | not designate a geographical subdistrict. Each candidate for a 121 |
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| 173 | 173 | | seat on the board shall designate, at the time the candidate 122 |
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| 174 | 174 | | qualifies, the seat on the board for which the candidate is 123 |
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| 175 | 175 | | qualifying. The name of each candidate who qualifies for 124 |
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| 176 | 176 | | election to a seat on the board shall be included on the ballot 125 |
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| 184 | 184 | | Page 6 of 27 |
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| 185 | 185 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 186 | 186 | | |
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| 187 | 187 | | in a way that clearly indicates the seat for which the candidate 126 |
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| 188 | 188 | | is a candidate. The candidate for each seat who receives the 127 |
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| 189 | 189 | | most votes cast for a candidate for the seat shall be elected to 128 |
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| 190 | 190 | | the board. 129 |
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| 191 | 191 | | (2) Each member of the board must be a qualified elector 130 |
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| 192 | 192 | | at the time he or she qualifies and continually throughout his 131 |
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| 193 | 193 | | or her term. 132 |
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| 194 | 194 | | (3) Each elected member of th e board shall assume office 133 |
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| 195 | 195 | | 10 days following the member's election. Annually, within 60 134 |
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| 196 | 196 | | days after the newly elected members have taken office, the 135 |
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| 197 | 197 | | board shall organize by electing from its members a chair, a 136 |
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| 198 | 198 | | vice chair, a secretary, and a treasurer. The positions of 137 |
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| 199 | 199 | | secretary and treasure may be held by one member. Funds of the 138 |
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| 200 | 200 | | district may be disbursed only upon the order or pursuant to 139 |
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| 201 | 201 | | resolution of the board. However, a petty cash account may be 140 |
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| 202 | 202 | | authorized by the board. The board may give the treasurer 141 |
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| 203 | 203 | | additional powers and duties that it deems appropriate. 142 |
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| 204 | 204 | | (4) Members of the board may each be paid a salary or 143 |
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| 205 | 205 | | honorarium to be determined by at least a majority plus one vote 144 |
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| 206 | 206 | | of the board, which salary or honorarium may not exceed $500 per 145 |
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| 207 | 207 | | month for each member. Special notice of any meeting at which 146 |
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| 208 | 208 | | the board will consider a salary change for a board member shall 147 |
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| 209 | 209 | | be published at least once, at least 14 days prior to the 148 |
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| 210 | 210 | | meeting, in a newspaper of general circulation in Okaloosa 149 |
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| 211 | 211 | | County. Separate compensation for the board member serving as 150 |
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| 219 | 219 | | Page 7 of 27 |
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| 220 | 220 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 221 | 221 | | |
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| 222 | 222 | | treasurer may be auth orized by like vote so long as total 151 |
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| 223 | 223 | | compensation for the board member does not exceed $500 per 152 |
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| 224 | 224 | | month. Members may be reimbursed for travel and per diem 153 |
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| 225 | 225 | | expenses as provided in section 112.061, Florida Statutes. 154 |
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| 226 | 226 | | (5) If a vacancy occurs on the board due t o the 155 |
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| 227 | 227 | | resignation, death, or removal of a board member or the failure 156 |
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| 228 | 228 | | of anyone to qualify for a board seat, the remaining members may 157 |
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| 229 | 229 | | appoint a qualified person to fill the seat until the next 158 |
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| 230 | 230 | | general election, at which time an election shall be held to 159 |
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| 231 | 231 | | fill the vacancy for the remaining term, if any. The board shall 160 |
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| 232 | 232 | | remove any member who has three consecutive unexcused absences 161 |
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| 233 | 233 | | from regularly scheduled meetings. The board shall adopt a 162 |
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| 234 | 234 | | resolution defining excused and unexcused absences. 163 |
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| 235 | 235 | | (6) Each member shall, upon assuming office, take and 164 |
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| 236 | 236 | | subscribe to the oath of office prescribed by s. 5(b), Art. II 165 |
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| 237 | 237 | | of the State Constitution and section 876.05, Florida Statutes. 166 |
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| 238 | 238 | | Each member, within 30 days after assuming office, must give the 167 |
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| 239 | 239 | | Governor a good and suffic ient surety bond in the sum of $5,000, 168 |
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| 240 | 240 | | the cost thereof being borne by the district, conditioned on the 169 |
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| 241 | 241 | | member's faithful performance of his or her duties of office. 170 |
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| 242 | 242 | | (7) The board shall keep a permanent record book entitled 171 |
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| 243 | 243 | | "Record of Proceedings of the Dorcas Fire District," in which 172 |
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| 244 | 244 | | the minutes of all meetings, resolutions, proceedings, 173 |
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| 245 | 245 | | certificates, bonds given by commissioners, and corporate acts 174 |
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| 246 | 246 | | shall be recorded. The record book shall be open to inspection 175 |
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| 254 | 254 | | Page 8 of 27 |
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| 255 | 255 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 256 | 256 | | |
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| 257 | 257 | | in the same manner as state, county, and mu nicipal records are 176 |
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| 258 | 258 | | open under chapter 119, Florida Statutes, and s. 24, Art. I of 177 |
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| 259 | 259 | | the State Constitution. The record book shall be kept at the 178 |
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| 260 | 260 | | office or other regular place of business maintained by the 179 |
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| 261 | 261 | | board for the Dorcas Fire District. 180 |
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| 262 | 262 | | (8) All meetings of the board shall be open to the public, 181 |
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| 263 | 263 | | consistent with chapter 286, Florida Statutes, section 189.417, 182 |
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| 264 | 264 | | Florida Statutes, and other applicable general laws. 183 |
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| 265 | 265 | | (9) The officers of the board of commissioners shall have 184 |
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| 266 | 266 | | the duties usually pertaining to l ike officers. A record shall 185 |
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| 267 | 267 | | be kept of all meetings of the board in a manner consistent with 186 |
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| 268 | 268 | | subsection (7), and in such meetings concurrence of a majority 187 |
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| 269 | 269 | | of the commissioners shall be necessary to any affirmative 188 |
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| 270 | 270 | | action by the board. 189 |
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| 271 | 271 | | (10) The books and records of the district shall be 190 |
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| 272 | 272 | | audited at least annually, at the expense of the district, as 191 |
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| 273 | 273 | | outlined in s. 11.45, Florida Statutes. 192 |
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| 274 | 274 | | Section 4 6. General powers.—The district shall have and 193 |
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| 275 | 275 | | the board may exercise by majority vote, the following pow ers: 194 |
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| 276 | 276 | | (1) To sue and be sued in the name of the district, to 195 |
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| 277 | 277 | | adopt and use a seal and authorize the use of a facsimile 196 |
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| 278 | 278 | | thereof, and to make and execute contracts and other instruments 197 |
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| 279 | 279 | | necessary or convenient to the exercise of its powers. 198 |
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| 280 | 280 | | (2) To provide for a pension or retirement plan for its 199 |
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| 281 | 281 | | employees. Notwithstanding the prohibition against extra 200 |
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| 289 | 289 | | Page 9 of 27 |
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| 290 | 290 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 291 | 291 | | |
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| 292 | 292 | | compensation as provided in section 215.425, Florida Statutes, 201 |
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| 293 | 293 | | the board may provide for an extra compensation program, 202 |
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| 294 | 294 | | including a lump-sum bonus payment pr ogram, to reward 203 |
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| 295 | 295 | | outstanding employees whose performance exceeds standards, if 204 |
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| 296 | 296 | | the program provides that a bonus payment may not be included in 205 |
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| 297 | 297 | | an employee's regular base rate of pay and may not be carried 206 |
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| 298 | 298 | | forward in subsequent years. 207 |
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| 299 | 299 | | (3) To contract for the services of consultants to perform 208 |
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| 300 | 300 | | planning, engineering, legal, or other professional services. 209 |
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| 301 | 301 | | (4) To borrow money and accept gifts, to apply for and use 210 |
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| 302 | 302 | | grants or loans of money or other property from the United 211 |
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| 303 | 303 | | States, the state, a unit of local government, or any person for 212 |
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| 304 | 304 | | any district purposes and enter into agreements required in 213 |
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| 305 | 305 | | connection therewith, and to hold, use, sell, and dispose of 214 |
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| 306 | 306 | | such moneys or property for any district purpose in accordance 215 |
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| 307 | 307 | | with the terms of the gift, grant, loan, or agreement relating 216 |
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| 308 | 308 | | thereto. 217 |
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| 309 | 309 | | (5) To adopt resolutions and procedures prescribing the 218 |
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| 310 | 310 | | powers, duties, and functions of the officers of the district, 219 |
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| 311 | 311 | | the conduct of the business of the district, the maintenance of 220 |
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| 312 | 312 | | records, and the form of other documents and records of the 221 |
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| 313 | 313 | | district. The board may also adopt ordinances and resolutions 222 |
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| 314 | 314 | | that are necessary to conduct district business, if such 223 |
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| 315 | 315 | | ordinances do not conflict with any ordinances of a local 224 |
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| 316 | 316 | | general-purpose government within whose jurisdiction the 225 |
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| 324 | 324 | | Page 10 of 27 |
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| 325 | 325 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 326 | 326 | | |
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| 327 | 327 | | district is located. Any resolution or ordinance adopted by the 226 |
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| 328 | 328 | | board and approved by referendum vote of district electors may 227 |
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| 329 | 329 | | only be repealed by referendum vote of district electors. 228 |
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| 330 | 330 | | (6) To maintain an office at places it designates within a 229 |
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| 331 | 331 | | county or municipality in which the district is located and 230 |
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| 332 | 332 | | appoint an agent of record. 231 |
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| 333 | 333 | | (7) To acquire, by purchase, lease, gift, dedication, 232 |
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| 334 | 334 | | devise, or otherwise, real and personal property or any estate 233 |
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| 335 | 335 | | therein for any purpose authorized by this act and to trade, 234 |
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| 336 | 336 | | sell, or otherwise dispose of surplus real or personal property. 235 |
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| 337 | 337 | | The board may purchase equipment by an installment sales 236 |
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| 338 | 338 | | contract if funds are available to pay the current year's 237 |
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| 339 | 339 | | installments on the equipment and to pay the amounts due that 238 |
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| 340 | 340 | | year on all other installments and indebtedness. 239 |
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| 341 | 341 | | (8) To hold, control, and acquire by donation or purchase 240 |
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| 342 | 342 | | any public easement, dedication to public use, platted 241 |
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| 343 | 343 | | reservation for public purposes, or reservation for those 242 |
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| 344 | 344 | | purposes authorized by this act and to use such easement, 243 |
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| 345 | 345 | | dedication, or reservation for any purpose authorized by this 244 |
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| 346 | 346 | | act consistent with applicable adopted local government 245 |
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| 347 | 347 | | comprehensive plans and land development regulations. 246 |
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| 348 | 348 | | (9) To lease as lessor or lessee to or from any person, 247 |
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| 349 | 349 | | firm, corporation, association, or body, public or private, any 248 |
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| 350 | 350 | | facility or property of any nature for the use of the district 249 |
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| 351 | 351 | | when necessary to carry out the district's duties and authority 250 |
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| 359 | 359 | | Page 11 of 27 |
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| 360 | 360 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 361 | 361 | | |
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| 362 | 362 | | under this act. 251 |
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| 363 | 363 | | (10) To borrow money and issue bonds, revenue anticipation 252 |
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| 364 | 364 | | notes, or certificates payable from and secured by a pledge of 253 |
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| 365 | 365 | | funds, revenues, taxes and assessments, warrants, notes, or 254 |
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| 366 | 366 | | other evidence of indebtedness, and to mortgage real and 255 |
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| 367 | 367 | | personal property when necessary to carry out the district's 256 |
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| 368 | 368 | | duties and authority under this act. 257 |
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| 369 | 369 | | (11) To charge user and impact fees authorized by 258 |
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| 370 | 370 | | resolution of the board, in amounts necessary to conduct 259 |
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| 371 | 371 | | district activities and services, and to enforce their receipt 260 |
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| 372 | 372 | | and collection in the manner prescribed by resolution and 261 |
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| 373 | 373 | | authorized by law. However, the imposition of impact fees may 262 |
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| 374 | 374 | | only be authorized as provided by subsection (4) of section 6 8. 263 |
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| 375 | 375 | | (12) To exercise the right and power of eminent domain, 264 |
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| 376 | 376 | | pursuant to chapter 73 or chapter 74, Florida Statutes, over any 265 |
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| 377 | 377 | | property within the district, except municipal, county, state, 266 |
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| 378 | 378 | | special district, or federal property used for a public purpose, 267 |
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| 379 | 379 | | for the uses and purposes of the district relating solely to the 268 |
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| 380 | 380 | | establishment and maintenance of fire stations and fire 269 |
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| 381 | 381 | | substations, specific ally including the power to take easements 270 |
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| 382 | 382 | | that serve such facilities consistent with applicable adopted 271 |
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| 383 | 383 | | local government comprehensive plans and land development 272 |
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| 384 | 384 | | regulations. 273 |
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| 385 | 385 | | (13) To cooperate or contract with other persons or 274 |
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| 386 | 386 | | entities, including other governmental agencies, as necessary, 275 |
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| 394 | 394 | | Page 12 of 27 |
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| 395 | 395 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 396 | 396 | | |
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| 397 | 397 | | convenient, incidental, or proper in connection with providing 276 |
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| 398 | 398 | | effective mutual aid and furthering any power, duty, or purpose 277 |
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| 399 | 399 | | authorized by this act. 278 |
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| 400 | 400 | | (14) To assess and impose upon real property in the 279 |
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| 401 | 401 | | district ad valorem taxes and non-ad valorem assessments as 280 |
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| 402 | 402 | | authorized by law this act. 281 |
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| 403 | 403 | | (15) To impose and foreclose non -ad valorem assessment 282 |
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| 404 | 404 | | liens as provided by law this act or to impose, collect, and 283 |
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| 405 | 405 | | enforce non-ad valorem assessments pursuant to chapter 197, 284 |
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| 406 | 406 | | Florida Statutes. 285 |
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| 407 | 407 | | (16) To select as a depository for its funds any qualified 286 |
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| 408 | 408 | | public depository as defined in section 280.02, Florida 287 |
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| 409 | 409 | | Statutes, which meets all the requirements of chapter 280, 288 |
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| 410 | 410 | | Florida Statutes, and has been designated by the State Treasurer 289 |
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| 411 | 411 | | as a qualified public depository, upon such terms and conditions 290 |
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| 412 | 412 | | as to the payment of interest upon the funds deposited as the 291 |
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| 413 | 413 | | board deems just and reasonable. 292 |
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| 414 | 414 | | (17) To provide adequate insurance on all real and 293 |
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| 415 | 415 | | personal property, equipment, employees, vol unteer firefighters, 294 |
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| 416 | 416 | | and other personnel. 295 |
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| 417 | 417 | | (18) To organize, participate in, and contribute 296 |
|---|
| 418 | 418 | | monetarily to organizations or associations relating to the 297 |
|---|
| 419 | 419 | | delivery of or improvement of fire control, fire prevention, and 298 |
|---|
| 420 | 420 | | emergency rescue services, or district administration. 299 |
|---|
| 421 | 421 | | (19) To promulgate and enforce reasonable fire regulations 300 |
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| 429 | 429 | | Page 13 of 27 |
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| 430 | 430 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 431 | 431 | | |
|---|
| 432 | 432 | | by resolution. 301 |
|---|
| 433 | 433 | | Section 5 7. Special powers.—The Dorcas Fire District 302 |
|---|
| 434 | 434 | | shall provide for fire suppression and prevention by 303 |
|---|
| 435 | 435 | | establishing and maintaining fire stations and fire substations 304 |
|---|
| 436 | 436 | | and acquiring and maintaining such firefighting and fire 305 |
|---|
| 437 | 437 | | protection equipment deemed necessary to prevent or fight fires. 306 |
|---|
| 438 | 438 | | All construction shall be in compliance with applicable state, 307 |
|---|
| 439 | 439 | | regional, and local regulations, including adopted comprehe nsive 308 |
|---|
| 440 | 440 | | plans and land development regulations. The board shall have and 309 |
|---|
| 441 | 441 | | may exercise any or all of the following special powers relating 310 |
|---|
| 442 | 442 | | to facilities and duties authorized by this act: 311 |
|---|
| 443 | 443 | | (1) Establish and maintain emergency medical and rescue 312 |
|---|
| 444 | 444 | | response services and acquire and maintain rescue, medical, and 313 |
|---|
| 445 | 445 | | other emergency equipment, pursuant to the provisions of chapter 314 |
|---|
| 446 | 446 | | 401, Florida Statutes, and any certificate of public convenience 315 |
|---|
| 447 | 447 | | and necessity or its equivalent issued hereunder. 316 |
|---|
| 448 | 448 | | (2) Employ, train, and equip such personnel, and train, 317 |
|---|
| 449 | 449 | | coordinate, and equip such volunteer firefighters, as are 318 |
|---|
| 450 | 450 | | necessary to accomplish the duties of the district. The board 319 |
|---|
| 451 | 451 | | may employ and fix the compensation of a fire chief or chief 320 |
|---|
| 452 | 452 | | administrator. The board shall prescribe t he duties of such 321 |
|---|
| 453 | 453 | | person, which shall include supervision and management of the 322 |
|---|
| 454 | 454 | | operations of the district and its employees and maintenance and 323 |
|---|
| 455 | 455 | | operation of its facilities and equipment. The fire chief or 324 |
|---|
| 456 | 456 | | chief administrator may employ or terminate the em ployment of 325 |
|---|
| 464 | 464 | | Page 14 of 27 |
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| 465 | 465 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 466 | 466 | | |
|---|
| 467 | 467 | | such other persons, including, without limitation, professional, 326 |
|---|
| 468 | 468 | | supervisory, administrative, maintenance, and clerical 327 |
|---|
| 469 | 469 | | employees, as are necessary and authorized by the board. The 328 |
|---|
| 470 | 470 | | compensation and other conditions of employment of the officers 329 |
|---|
| 471 | 471 | | and employees of the district shall be provided by the board. 330 |
|---|
| 472 | 472 | | (3) Conduct public education to promote awareness of 331 |
|---|
| 473 | 473 | | methods to prevent fires and reduce the loss of life and 332 |
|---|
| 474 | 474 | | property from fires or other public safety concerns. 333 |
|---|
| 475 | 475 | | (4) Adopt and enforce fire safety standards and codes and 334 |
|---|
| 476 | 476 | | enforce the rules of the State Fire Marshall consistent with the 335 |
|---|
| 477 | 477 | | exercise of the duties authorized by chapter 553 or chapter 633, 336 |
|---|
| 478 | 478 | | Florida Statutes, with respect to fire suppression and 337 |
|---|
| 479 | 479 | | prevention and fire safety code enforce ment. 338 |
|---|
| 480 | 480 | | (5) Conduct arson investigations and cause and origin 339 |
|---|
| 481 | 481 | | investigations. 340 |
|---|
| 482 | 482 | | (6) Adopt hazardous material safety plans and emergency 341 |
|---|
| 483 | 483 | | response plans in coordination with the county emergency 342 |
|---|
| 484 | 484 | | management agency as provided in chapter 252, Florida Statutes. 343 |
|---|
| 485 | 485 | | (7) Contract with general -purpose local government for 344 |
|---|
| 486 | 486 | | emergency management planning and services. 345 |
|---|
| 487 | 487 | | Section 6 8. Taxes, non-ad valorem assessments; impact 346 |
|---|
| 488 | 488 | | fees and user charges. — 347 |
|---|
| 489 | 489 | | (1) AD VALOREM TAXES. —The elected board of commissioners 348 |
|---|
| 490 | 490 | | may levy and assess ad valorem taxes on all taxable property in 349 |
|---|
| 491 | 491 | | the district to construct, operate, and maintain district 350 |
|---|
| 499 | 499 | | Page 15 of 27 |
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| 500 | 500 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 501 | 501 | | |
|---|
| 502 | 502 | | facilities and services, to pay the principal of, and interest 351 |
|---|
| 503 | 503 | | on, general obligation bonds of the district, and to provide for 352 |
|---|
| 504 | 504 | | any sinking or other funds established in connection with such 353 |
|---|
| 505 | 505 | | bonds. An ad valorem tax levied by the board for operating 354 |
|---|
| 506 | 506 | | purposes, exclusive of debt service on bonds, may not exceed 355 |
|---|
| 507 | 507 | | 3.75 mills. The levy of ad valorem taxes pursuant to this 356 |
|---|
| 508 | 508 | | section must be approved by refer endum called by the board. 357 |
|---|
| 509 | 509 | | Nothing in this act shall require a referendum on the levy of ad 358 |
|---|
| 510 | 510 | | valorem taxes in the amount as previously authorized by special 359 |
|---|
| 511 | 511 | | act, general law of local application, or county ordinance 360 |
|---|
| 512 | 512 | | approved by referendum. Such tax shall be assessed, levied, and 361 |
|---|
| 513 | 513 | | collected in the same manner as county taxes. The levy of ad 362 |
|---|
| 514 | 514 | | valorem taxes approved by referendum shall be reported within 60 363 |
|---|
| 515 | 515 | | days after the vote to the Department of Community Affairs. 364 |
|---|
| 516 | 516 | | (2) NON-AD VALOREM ASSESSMENTS. —The elected board of 365 |
|---|
| 517 | 517 | | commissioners may levy non -ad valorem assessments to provide 366 |
|---|
| 518 | 518 | | funds for the purposes of the district. The rate of such 367 |
|---|
| 519 | 519 | | assessments must be fixed by resolution of the board pursuant to 368 |
|---|
| 520 | 520 | | the procedures contained in section 7 9. Non-ad valorem 369 |
|---|
| 521 | 521 | | assessment rates set by the board may exceed the maximum rates 370 |
|---|
| 522 | 522 | | established by this or any prior special act, any county 371 |
|---|
| 523 | 523 | | ordinance, the previous year's resolution, or a referendum in an 372 |
|---|
| 524 | 524 | | amount not to exceed the average annual growth rate in Florida 373 |
|---|
| 525 | 525 | | personal income over the previous 5 years. Non -ad valorem 374 |
|---|
| 526 | 526 | | assessment rate increases within the personal income threshold 375 |
|---|
| 534 | 534 | | Page 16 of 27 |
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| 535 | 535 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 536 | 536 | | |
|---|
| 537 | 537 | | are deemed to be within the maximum rate authorized by law at 376 |
|---|
| 538 | 538 | | the time of initial imposition. Proposed non -ad valorem 377 |
|---|
| 539 | 539 | | assessment increases which exceed the rate set the previous 378 |
|---|
| 540 | 540 | | fiscal year or the rate previously set by special act or county 379 |
|---|
| 541 | 541 | | ordinance, whichever is more recent, by more than the average 380 |
|---|
| 542 | 542 | | annual growth rate in Florida personal income over the last 5 381 |
|---|
| 543 | 543 | | years must be approved by referendum of th e electors of the 382 |
|---|
| 544 | 544 | | district. Non-ad valorem assessments shall be imposed, 383 |
|---|
| 545 | 545 | | collected, and enforced pursuant to section 7 9. 384 |
|---|
| 546 | 546 | | (3) USER CHARGES.— 385 |
|---|
| 547 | 547 | | (a) The board may provide a reasonable schedule of charges 386 |
|---|
| 548 | 548 | | for special emergency services, including fighting f ires 387 |
|---|
| 549 | 549 | | occurring in or to structures outside the district, motor 388 |
|---|
| 550 | 550 | | vehicles, marine vessels, aircraft, or rail cars, or as a result 389 |
|---|
| 551 | 551 | | of the operation of such motor vehicles or marine vessels, to 390 |
|---|
| 552 | 552 | | which the district is called to render such emergency service, 391 |
|---|
| 553 | 553 | | and may charge a fee for the services rendered in accordance 392 |
|---|
| 554 | 554 | | with the schedule. 393 |
|---|
| 555 | 555 | | (b) The board may provide a reasonable schedule of charges 394 |
|---|
| 556 | 556 | | for fighting fires occurring in or at refuse dumps or as a 395 |
|---|
| 557 | 557 | | result of an illegal burn, which fire, dump, or burn is not 396 |
|---|
| 558 | 558 | | authorized by general or special law, rule, regulation, order, 397 |
|---|
| 559 | 559 | | or ordinance and which the district is called upon to fight or 398 |
|---|
| 560 | 560 | | extinguish. 399 |
|---|
| 561 | 561 | | (c) The board may provide a reasonable schedule of charges 400 |
|---|
| 569 | 569 | | Page 17 of 27 |
|---|
| 570 | 570 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 571 | 571 | | |
|---|
| 572 | 572 | | for responding to, assisting with, or mitigating emergen cies 401 |
|---|
| 573 | 573 | | that either threaten or could threaten the health and safety of 402 |
|---|
| 574 | 574 | | persons, property, or the environment, to which the district has 403 |
|---|
| 575 | 575 | | been called, including a charge for responding to false alarms. 404 |
|---|
| 576 | 576 | | (d) The board may provide a reasonable schedule of charg es 405 |
|---|
| 577 | 577 | | for inspecting structures, plans, and equipment to determine 406 |
|---|
| 578 | 578 | | compliance with fire safety firesafety codes and standards. 407 |
|---|
| 579 | 579 | | (e) The district shall have a lien upon any real property, 408 |
|---|
| 580 | 580 | | motor vehicle, marine vessel, aircraft, or rail car for any 409 |
|---|
| 581 | 581 | | charge assessed under this subsection. 410 |
|---|
| 582 | 582 | | (4) IMPACT FEES.—If the general-purpose local government 411 |
|---|
| 583 | 583 | | has not adopted an impact fee for fire services which is 412 |
|---|
| 584 | 584 | | distributed to the district for construction within its 413 |
|---|
| 585 | 585 | | jurisdictional boundaries, the board may establish a schedule of 414 |
|---|
| 586 | 586 | | impact fees for new construction to pay for the cost of new 415 |
|---|
| 587 | 587 | | facilities and equipment, the need for which is in whole or in 416 |
|---|
| 588 | 588 | | part the result of new construction. The impact fees collected 417 |
|---|
| 589 | 589 | | by the district under this subsection shall be kept separ ate 418 |
|---|
| 590 | 590 | | from other revenues of the district and must be used exclusively 419 |
|---|
| 591 | 591 | | to acquire, purchase, or construct new facilities or portions 420 |
|---|
| 592 | 592 | | thereof needed to provide fire protection and emergency services 421 |
|---|
| 593 | 593 | | to new construction. As used in this subsection, "new 422 |
|---|
| 594 | 594 | | facilities" means land, buildings, and capital equipment, 423 |
|---|
| 595 | 595 | | including, but not limited to, fire and emergency vehicles, 424 |
|---|
| 596 | 596 | | radio telemetry equipment, and other firefighting or rescue 425 |
|---|
| 604 | 604 | | Page 18 of 27 |
|---|
| 605 | 605 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
|---|
| 606 | 606 | | |
|---|
| 607 | 607 | | equipment. The board shall maintain adequate records to ensure 426 |
|---|
| 608 | 608 | | that impact fees are expended only for permissible new 427 |
|---|
| 609 | 609 | | facilities or equipment. The board may enter into agreements 428 |
|---|
| 610 | 610 | | with general purpose local governments to share in the revenues 429 |
|---|
| 611 | 611 | | from fire protection impact fees imposed by such governments. 430 |
|---|
| 612 | 612 | | Section 7 9. Procedures for the levy and collection of 431 |
|---|
| 613 | 613 | | non-ad valorem assessments. — 432 |
|---|
| 614 | 614 | | (1) The district may provide for the levy of non -ad 433 |
|---|
| 615 | 615 | | valorem assessments under this act on the lands and real estate 434 |
|---|
| 616 | 616 | | benefited by the exercise of the powers authorized by this act, 435 |
|---|
| 617 | 617 | | or any part thereof, for all or any part of the cost thereof. In 436 |
|---|
| 618 | 618 | | addition to the provisions set forth under this act, the 437 |
|---|
| 619 | 619 | | district shall also be entitled to exercise all other rights and 438 |
|---|
| 620 | 620 | | powers regarding the levy and collection of additional non -ad 439 |
|---|
| 621 | 621 | | valorem assessments as provi ded for under chapter 191, Florida 440 |
|---|
| 622 | 622 | | Statutes. 441 |
|---|
| 623 | 623 | | (2) The rate of assessment shall be fixed by resolution of 442 |
|---|
| 624 | 624 | | the board of commissioners on or before June 1 of each year as 443 |
|---|
| 625 | 625 | | follows: 444 |
|---|
| 626 | 626 | | (a) Two One hundred fifteen fifty dollars and sixty-one 445 |
|---|
| 627 | 627 | | cents annually shall be assessed against commercial buildings 446 |
|---|
| 628 | 628 | | and commercial businesses. For the purpose of determining a 447 |
|---|
| 629 | 629 | | commercial business, it is the specific intent of this act to 448 |
|---|
| 630 | 630 | | tax individual businesses which are within a common building 449 |
|---|
| 631 | 631 | | which are separated by walls, partitions, or custom. The 450 |
|---|
| 639 | 639 | | Page 19 of 27 |
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| 640 | 640 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
|---|
| 641 | 641 | | |
|---|
| 642 | 642 | | purchase of a county occupational license shall be evidence of 451 |
|---|
| 643 | 643 | | the existence of a business. Apartment buildings, motels, 452 |
|---|
| 644 | 644 | | condominiums, mobile home parks, and other multiple family 453 |
|---|
| 645 | 645 | | residences shall not be considered commercial buildings. 454 |
|---|
| 646 | 646 | | (b) Each residential dwelling unit, including mobile homes 455 |
|---|
| 647 | 647 | | situated on any parcel of land within said district, shall pay 456 |
|---|
| 648 | 648 | | $107.80 $75 annually. 457 |
|---|
| 649 | 649 | | (c) Each vacant land up to 9.75 acres shall be assessed 458 |
|---|
| 650 | 650 | | $6.44 annually. Vacant land gr eater than 9.75 acres shall be 459 |
|---|
| 651 | 651 | | assessed $61.46 plus $0.10 per acre annually. 460 |
|---|
| 652 | 652 | | (d)(c) The non-ad valorem assessment amounts as 461 |
|---|
| 653 | 653 | | established under paragraphs (a) , and (b), and (c) shall be 462 |
|---|
| 654 | 654 | | subject to annual increases, as may be approved by the board of 463 |
|---|
| 655 | 655 | | commissioners as provided for under section 6(2) 8(2). 464 |
|---|
| 656 | 656 | | (3) The board of commissioners may adopt by resolution the 465 |
|---|
| 657 | 657 | | current tax assessment and collection roll compiled and prepared 466 |
|---|
| 658 | 658 | | by the tax assessor of Okaloosa County, and may adopt a 467 |
|---|
| 659 | 659 | | resolution fixing the le vy on each lot or parcel of land subject 468 |
|---|
| 660 | 660 | | to taxation in the district, or may, at its discretion, prepare 469 |
|---|
| 661 | 661 | | or cause to be prepared an assessment and collection roll 470 |
|---|
| 662 | 662 | | setting forth a description of each lot or parcel of land 471 |
|---|
| 663 | 663 | | subject to taxation in the district together with the amount of 472 |
|---|
| 664 | 664 | | assessment fixed by resolution, and shall, before June 1 of each 473 |
|---|
| 665 | 665 | | year, deliver the roll to the tax assessor for collection. All 474 |
|---|
| 666 | 666 | | assessments shall be made against the land subject to such 475 |
|---|
| 674 | 674 | | Page 20 of 27 |
|---|
| 675 | 675 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
|---|
| 676 | 676 | | |
|---|
| 677 | 677 | | assessments and the roll shall set forth the names of the 476 |
|---|
| 678 | 678 | | respective owners of such lands. 477 |
|---|
| 679 | 679 | | (4) Any property owner in the district shall have the 478 |
|---|
| 680 | 680 | | right to file a protest in writing between June 10 and 20 of 479 |
|---|
| 681 | 681 | | each year against the proposed assessments and the amount or 480 |
|---|
| 682 | 682 | | rate thereof, and to appear before the board in support of such 481 |
|---|
| 683 | 683 | | protest at an opening meeting or meetings which shall be held to 482 |
|---|
| 684 | 684 | | hear and consider such protests and make adjustments to the 483 |
|---|
| 685 | 685 | | roll. 484 |
|---|
| 686 | 686 | | (5) Immediately after the adjustment period, the board of 485 |
|---|
| 687 | 687 | | commissioners shall adopt a resolution fixing the rate of 486 |
|---|
| 688 | 688 | | special assessment and shall note the amount of the levy against 487 |
|---|
| 689 | 689 | | each parcel of property described in the tax roll and shall 488 |
|---|
| 690 | 690 | | transmit the tax roll and a certified copy of the resolution to 489 |
|---|
| 691 | 691 | | the county tax assessor on or before July 1 each year. It shall 490 |
|---|
| 692 | 692 | | be the duty of the tax collector of Okaloosa County to include 491 |
|---|
| 693 | 693 | | in the county tax roll the assessments made by the board of 492 |
|---|
| 694 | 694 | | commissioners of the district and to collect such assessments 493 |
|---|
| 695 | 695 | | according to the assessment roll and deliver the proceeds of 494 |
|---|
| 696 | 696 | | such collection, less the statutory fee, monthly to the board of 495 |
|---|
| 697 | 697 | | commissioners, taking the board's receipts for such funds. The 496 |
|---|
| 698 | 698 | | tax collector shall, upon delivery of such funds to the board of 497 |
|---|
| 699 | 699 | | commissioners, furnish the board with a descri ption of the lands 498 |
|---|
| 700 | 700 | | for which such payments are made. 499 |
|---|
| 701 | 701 | | (6) Such special assessments shall be a lien upon the land 500 |
|---|
| 709 | 709 | | Page 21 of 27 |
|---|
| 710 | 710 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
|---|
| 711 | 711 | | |
|---|
| 712 | 712 | | so assessed along with county taxes until paid and, if the same 501 |
|---|
| 713 | 713 | | become delinquent, shall be considered a part of the county tax, 502 |
|---|
| 714 | 714 | | subject to the same penalties, charges, fees, and remedies for 503 |
|---|
| 715 | 715 | | enforcement and collection and shall be enforced and collected 504 |
|---|
| 716 | 716 | | as provided by law. 505 |
|---|
| 717 | 717 | | (7) Such special assessments shall be of equal benefit to 506 |
|---|
| 718 | 718 | | all property with fire protection being provided by the Dorcas 507 |
|---|
| 719 | 719 | | Fire District pursuant to the provisions of this act. 508 |
|---|
| 720 | 720 | | (8) The fiscal year for the district shall be from October 509 |
|---|
| 721 | 721 | | 1 to September 30 of each year. 510 |
|---|
| 722 | 722 | | Section 8 10. District issuance of bonds, notes, bond 511 |
|---|
| 723 | 723 | | anticipation notes, or other evidences of indebtedn ess.— 512 |
|---|
| 724 | 724 | | (1) The district may issue general obligation bonds, 513 |
|---|
| 725 | 725 | | assessment bonds, revenue bonds, notes, bond anticipation notes, 514 |
|---|
| 726 | 726 | | or other evidences of indebtedness to finance all or a part of 515 |
|---|
| 727 | 727 | | any proposed improvements authorized to be undertaken under this 516 |
|---|
| 728 | 728 | | act or under general or special law, provided the total annual 517 |
|---|
| 729 | 729 | | payments for the principal and interest on such indebtedness 518 |
|---|
| 730 | 730 | | shall not exceed 50 percent of the total annual budgeted 519 |
|---|
| 731 | 731 | | revenues of the district. The bonds shall be issued in such 520 |
|---|
| 732 | 732 | | denominations, mature on such dates and in such amounts, and may 521 |
|---|
| 733 | 733 | | be subject to optional and mandatory redemption as determined by 522 |
|---|
| 734 | 734 | | resolutions adopted by the board. Bonds of the district may bear 523 |
|---|
| 735 | 735 | | interest at a fixed, floating, or adjustable rate and may be 524 |
|---|
| 736 | 736 | | issued as interest bearing bonds, interest accruing bonds, or 525 |
|---|
| 744 | 744 | | Page 22 of 27 |
|---|
| 745 | 745 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
|---|
| 746 | 746 | | |
|---|
| 747 | 747 | | zero coupon bonds at such rate or rates, not exceeding the 526 |
|---|
| 748 | 748 | | maximum rate permitted by general law, as determined by 527 |
|---|
| 749 | 749 | | resolution of the board. Principal and interest shall be payable 528 |
|---|
| 750 | 750 | | in the manner determined by the board. The bonds shall be signed 529 |
|---|
| 751 | 751 | | by manual or facsimile signature of the chair or vice chair of 530 |
|---|
| 752 | 752 | | the board, attested with the seal of the district and by the 531 |
|---|
| 753 | 753 | | manual or facsimile signature of the secretary or assistant 532 |
|---|
| 754 | 754 | | secretary of the board. 533 |
|---|
| 755 | 755 | | (2) The bonds shall be payable from the non -ad valorem 534 |
|---|
| 756 | 756 | | assessments or other non -ad valorem revenues, including, without 535 |
|---|
| 757 | 757 | | limitation, user fees or charges or rental income authorized to 536 |
|---|
| 758 | 758 | | be levied, collected, or received pursuant to this act or 537 |
|---|
| 759 | 759 | | general law. General oblig ation bonds payable from ad valorem 538 |
|---|
| 760 | 760 | | taxes may also be issued by the district, but only after 539 |
|---|
| 761 | 761 | | compliance with s. 12, Art. VII of the State Constitution. 540 |
|---|
| 762 | 762 | | Subject to referendum approval, a district may pledge its full 541 |
|---|
| 763 | 763 | | faith and credit for the payment of princ ipal and interest on 542 |
|---|
| 764 | 764 | | such general obligation bonds and for any reserve funds provided 543 |
|---|
| 765 | 765 | | therefor and may unconditionally and irrevocably pledge itself 544 |
|---|
| 766 | 766 | | to levy ad valorem taxes on all property in the district to the 545 |
|---|
| 767 | 767 | | extent necessary for the payment thereof. T he district is 546 |
|---|
| 768 | 768 | | authorized, after notice and opportunity to be heard has been 547 |
|---|
| 769 | 769 | | afforded to those affected, to impose, charge, and collect non -548 |
|---|
| 770 | 770 | | ad valorem revenues in connection with any of the improvements 549 |
|---|
| 771 | 771 | | authorized under this act and to pledge the same for the payment 550 |
|---|
| 779 | 779 | | Page 23 of 27 |
|---|
| 780 | 780 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
|---|
| 781 | 781 | | |
|---|
| 782 | 782 | | of bonds. 551 |
|---|
| 783 | 783 | | (3) In connection with the sale and issuance of bonds, the 552 |
|---|
| 784 | 784 | | district may enter into any contracts which the board determines 553 |
|---|
| 785 | 785 | | to be necessary or appropriate to achieve a desirable effective 554 |
|---|
| 786 | 786 | | interest rate in connection with the bonds b y means of, but not 555 |
|---|
| 787 | 787 | | limited to, contracts commonly known as investment contracts, 556 |
|---|
| 788 | 788 | | funding agreements, interest rate swap agreements, currency swap 557 |
|---|
| 789 | 789 | | agreements, forward payment conversion agreements, futures, or 558 |
|---|
| 790 | 790 | | contracts providing for payments based on leve ls of or changes 559 |
|---|
| 791 | 791 | | in interest rates, or contracts to exchange cash flows or a 560 |
|---|
| 792 | 792 | | series of payments, or contracts, including, without limitation, 561 |
|---|
| 793 | 793 | | options, puts, or calls, to hedge payment, rate, spread, or 562 |
|---|
| 794 | 794 | | similar exposure. Such contracts or arrangements may a lso be 563 |
|---|
| 795 | 795 | | entered into by the district in connection with, or incidental 564 |
|---|
| 796 | 796 | | to, entering into any agreement which secures bonds or provides 565 |
|---|
| 797 | 797 | | liquidity therefor. Such contracts and arrangements shall be 566 |
|---|
| 798 | 798 | | made upon the terms and conditions established by the board, 567 |
|---|
| 799 | 799 | | after giving due consideration to the credit worthiness of the 568 |
|---|
| 800 | 800 | | counter parties, where applicable, including any rating by a 569 |
|---|
| 801 | 801 | | nationally recognized rating service or any other criteria as 570 |
|---|
| 802 | 802 | | may be appropriate. 571 |
|---|
| 803 | 803 | | (4) In connection with the sale and issuance of the bonds, 572 |
|---|
| 804 | 804 | | or the entering into of any of the contracts or arrangements 573 |
|---|
| 805 | 805 | | referred to in subsection (3), the district may enter into such 574 |
|---|
| 806 | 806 | | credit enhancement or liquidity agreements, with such payment, 575 |
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| 814 | 814 | | Page 24 of 27 |
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| 815 | 815 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 816 | 816 | | |
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| 817 | 817 | | interest rate, security, default, remedy, and any other t erms 576 |
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| 818 | 818 | | and conditions as the board shall determine. 577 |
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| 819 | 819 | | (5) Notwithstanding any provision of law relating to the 578 |
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| 820 | 820 | | investment or reinvestment of surplus funds of any governmental 579 |
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| 821 | 821 | | unit, proceeds of the bonds and any money set aside or pledged 580 |
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| 822 | 822 | | to secure payment of the principal, or premium, if any, and 581 |
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| 823 | 823 | | interest on the bonds, or any of the contracts entered into 582 |
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| 824 | 824 | | pursuant to subsection (3), may be invested in securities or 583 |
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| 825 | 825 | | obligations described in the resolution providing for the 584 |
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| 826 | 826 | | issuance of bonds. 585 |
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| 827 | 827 | | (6) The bonds shall be sold in any manner not inconsistent 586 |
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| 828 | 828 | | with general law, shall show the purpose for which they are 587 |
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| 829 | 829 | | issued, and shall be payable out of the money pledged therefor. 588 |
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| 830 | 830 | | The funds derived from the sale of said bonds or any contract or 589 |
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| 831 | 831 | | arrangement shall be use d for the purpose of paying the cost of 590 |
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| 832 | 832 | | the services or improvements and such costs, expenses, fees, and 591 |
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| 833 | 833 | | salaries as may be authorized by law. 592 |
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| 834 | 834 | | (7) Non-ad valorem assessments or any portion thereof 593 |
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| 835 | 835 | | levied to pay the principal on bonds issued pursuant to t his act 594 |
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| 836 | 836 | | with respect to improvements financed therewith shall not exceed 595 |
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| 837 | 837 | | the benefits assessed regarding such works or improvements. If 596 |
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| 838 | 838 | | the bonds are sold at a discount, the amount of the discount 597 |
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| 839 | 839 | | shall be treated as interest, not as principal. Premiums pa yable 598 |
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| 840 | 840 | | upon the redemption of bonds shall also be treated as interest. 599 |
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| 841 | 841 | | Interest to accrue on account of issuing bonds shall not be 600 |
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| 849 | 849 | | Page 25 of 27 |
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| 850 | 850 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 851 | 851 | | |
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| 852 | 852 | | construed as a part of the costs of the works or improvements in 601 |
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| 853 | 853 | | determining whether or not the costs of making such improveme nts 602 |
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| 854 | 854 | | are equal to or in excess of the benefits assessed. If the 603 |
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| 855 | 855 | | property appraiser and tax collector deduct their fees and 604 |
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| 856 | 856 | | charges from the amount of non -ad valorem assessments levied and 605 |
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| 857 | 857 | | collected, and if the landowners receive the statutorily 606 |
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| 858 | 858 | | permitted discount for early payment of such non -ad valorem 607 |
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| 859 | 859 | | assessments, the amount of such fees, charges, and discount 608 |
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| 860 | 860 | | shall not be included in the amount of non -ad valorem 609 |
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| 861 | 861 | | assessments levied by the district in determining whether such 610 |
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| 862 | 862 | | assessments are equal to or in excess of the benefits assessed. 611 |
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| 863 | 863 | | (8) The district may, whenever in the judgment of the 612 |
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| 864 | 864 | | board it is advisable and in the best interests of the 613 |
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| 865 | 865 | | landowners in the district, issue bonds to refund any or all of 614 |
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| 866 | 866 | | the then-outstanding bonded indebtedness of the district. 615 |
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| 867 | 867 | | (9) The principal amount of refunding bonds may be in any 616 |
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| 868 | 868 | | amount not in excess of the benefits assessed against the lands 617 |
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| 869 | 869 | | with respect to which the refunded bonds were issued less the 618 |
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| 870 | 870 | | principal amount of the refunded bonds previously paid from non-619 |
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| 871 | 871 | | ad valorem assessments. The proceeds of such refunding bonds 620 |
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| 872 | 872 | | shall be used only to pay the principal, premium, if any, and 621 |
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| 873 | 873 | | interest on the bonds to be refunded and any discount or expense 622 |
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| 874 | 874 | | of the sale of the refunding bonds and to provide a debt service 623 |
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| 875 | 875 | | reserve fund for the refunding bonds. The district may also use 624 |
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| 876 | 876 | | other available revenues to pay costs associated with the 625 |
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| 884 | 884 | | Page 26 of 27 |
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| 885 | 885 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 886 | 886 | | |
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| 887 | 887 | | issuance or administration of the refunding bonds. 626 |
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| 888 | 888 | | (10) Assessments shall be levied for the payment of the 627 |
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| 889 | 889 | | refunding bonds in the s ame manner as the assessments levied for 628 |
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| 890 | 890 | | the refunded bonds and the refunding bonds shall be secured by 629 |
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| 891 | 891 | | the same lien as the refunded bonds, and any additional interest 630 |
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| 892 | 892 | | which accrues on account of the refunding bonds shall be 631 |
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| 893 | 893 | | included and added to the orig inal assessment and shall be 632 |
|---|
| 894 | 894 | | secured by the same lien, provided any interest accrued shall 633 |
|---|
| 895 | 895 | | not be considered as a part of the cost of construction in 634 |
|---|
| 896 | 896 | | determining whether the assessment exceeds the benefits 635 |
|---|
| 897 | 897 | | assessed. 636 |
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| 898 | 898 | | (11) No proceedings shall be required for the issuance of 637 |
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| 899 | 899 | | bonds or refunding bonds other than those provided by this 638 |
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| 900 | 900 | | section and by general law. 639 |
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| 901 | 901 | | Section 9 11. District expansion and merger. — 640 |
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| 902 | 902 | | (1) The boundaries of the district may be modified, 641 |
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| 903 | 903 | | extended, or enlarged upon approval or ratifi cation by the board 642 |
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| 904 | 904 | | Legislature. 643 |
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| 905 | 905 | | (2) The merger of the district with all or portions of 644 |
|---|
| 906 | 906 | | other independent or dependent fire control districts is 645 |
|---|
| 907 | 907 | | effective only upon ratification by the board Legislature. The 646 |
|---|
| 908 | 908 | | district may not, solely by reason of a merger with another 647 |
|---|
| 909 | 909 | | governmental entity, increase ad valorem taxes on property 648 |
|---|
| 910 | 910 | | within the original limits of the district beyond the maximum 649 |
|---|
| 911 | 911 | | established by this act, unless approved by the electors of the 650 |
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| 919 | 919 | | Page 27 of 27 |
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| 920 | 920 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 921 | 921 | | |
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| 922 | 922 | | district by referendum. 651 |
|---|
| 923 | 923 | | Section 2. If any clause, section, or provision of this 652 |
|---|
| 924 | 924 | | act is declared unconstitutional or invalid for any reason, it 653 |
|---|
| 925 | 925 | | shall be eliminated from this act, and the remaining portion of 654 |
|---|
| 926 | 926 | | this act shall be in full force and effect and be as valid as if 655 |
|---|
| 927 | 927 | | such unconstitutional or invalid portion thereof had not been 656 |
|---|
| 928 | 928 | | incorporated in this act. 657 |
|---|
| 929 | 929 | | Section 3. This act shall take effect upon becoming a law. 658 |
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