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referendum only be repealed by referendum; authorizing 14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