Bill Text: FL H0809 | 2010 | Regular Session | Introduced

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Bill Title: Panther Creek Fire/Rescue District, Collier County

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Military & Local Affairs Policy (EDCA) [H0809 Detail]

Download: Florida-2010-H0809-Introduced.html

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HB 809

1	A bill to be entitled
2	An act relating to the Panther Creek Fire Control and
3	Rescue District, Collier County; creating the district as
4	an independent special district; providing for future
5	merger of districts; providing legislative intent;
6	providing purpose of the district; providing boundaries;
7	providing for a governing body; providing powers of the
8	district; providing that the district may levy ad valorem
9	taxes and non-ad valorem assessments; authorizing the
10	district to borrow money; providing for impact fees;
11	providing for elections; providing that the district may
12	exercise the power of eminent domain; providing for effect
13	of municipal annexation or incorporation; providing
14	immunity from tort liability; providing for transition;
15	providing for district employees in the event of a merger;
16	providing for creation of the Southwest Florida Fire
17	Control and Rescue District by merger of the district with
18	another specified district; providing for transfer of
19	powers; providing for a referendum on merger of districts;
20	providing a contingent effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1. Legislative findings.-Collier County is
25	comprised of 2,032 square miles with three municipalities and a
26	large unincorporated area within the developed portion of the
27	county. In addition to county and municipal governments, there
28	are five independent special fire control and rescue districts
29	that provide fire and rescue services to unincorporated areas in
30	Collier County. They are the Big Corkscrew Independent Special
31	Fire Control and Rescue District, the East Naples Fire Control
32	and Rescue District, the Golden Gate Fire Control and Rescue
33	District, the Immokalee Fire Control and Rescue District, and
34	the North Naples Fire Control and Rescue District. As a result
35	of having five independent special fire control and rescue
36	districts providing similar services, decreasing revenues and
37	increasing costs of providing such services, the Legislature
38	intends to create a voluntary process allowing the existing
39	independent special fire control and rescue districts in Collier
40	County to merge their existing operations into one of two newly
41	created independent special fire control districts with a
42	procedure for the future merger of these two districts into a
43	consolidated independent special fire control district. It is
44	the intent of the Legislature that these two new districts not
45	become operational until an existing independent special fire
46	control and rescue district elects to merge into one of the
47	newly created districts. Although an immediate consolidated
48	independent special fire control and rescue district may be
49	ideal, the Legislature recognizes that it may be necessary to
50	allow for the incremental consolidation of similar independent
51	special fire control districts in order to make the complete
52	consolidation successful. The Legislature also recognizes that
53	although general law allows for the merger of independent
54	special fire control and rescue districts, it is silent as to
55	the process that must be followed. To promote and assist with
56	the future merger of these two newly created independent special
57	fire control districts, a process is also created to allow for
58	the future merger of these two districts without further action
59	of the Legislature. This new consolidated independent special
60	fire control district may also provide the future opportunity
61	for the provision of fire and rescue services at the highest
62	level of services in Collier County with uniform countywide
63	standards. The special district created pursuant to this act is
64	a separate governmental entity independent of Collier County,
65	any municipality in Collier County, or any other independent
66	special fire control and rescue district in Collier County.
67	Section 2. Creation; survival; operations.-
68	(1) Pursuant to chapters 189 and 191, Florida Statutes,
69	there is created the Panther Creek Fire Control and Rescue
70	District, an independent special fire control and rescue
71	district and body corporate and politic located in Collier
72	County, hereinafter referred to as either the "district" or
73	"PCFCD." Although the district is created by this act, the
74	district will only become operational pursuant to subsection
75	(4).
76	(2) All current legislative authority granted to any
77	independent special fire control and rescue district or
78	districts electing to merge with PCFCD shall survive the merger
79	with the district and shall be powers of the district, including
80	the ability to levy an ad valorem millage rate as authorized by
81	the Legislature and previously approved by referendum of the
82	electing independent special fire control and rescue district or
83	districts.
84	(3) An independent special fire control and rescue
85	district electing to merge with the PCFCD shall adopt a
86	resolution electing to merge with the PCFCD resulting in the
87	PCFCD providing service to its residents. An independent special
88	fire control and rescue district that makes such election prior
89	to its designated district becoming operational pursuant to
90	subsection (4) shall include within its resolution the
91	referendum question that is to be presented as provided in
92	section 21. If more than one independent special district elect
93	to merge with the PCFCD prior to it becoming operational but
94	disagree as to which referendum question to present, then option
95	1 in section 21 shall be the referendum question presented to
96	the electors.
97	(4) The PCFCD shall not become operational ("operational
98	date") until 14 days after the approval by a majority vote of
99	those qualified electors of the independent special fire control
100	and rescue district or the combined qualified electors of the
101	independent special fire control and rescue districts in Collier
102	County voting in a referendum requested by the independent
103	special fire control and rescue district or districts, called by
104	the Board of County Commissioners of Collier County, and
105	conducted by the Supervisor of Elections of Collier County.
106	(5) If the PCFCD's operational date will be less than 5
107	months prior to a general election, the resolutions of all
108	independent special fire control and rescue districts that elect
109	to merge with the PCFCD must be adopted no later than 75 days
110	prior to the general election.
111	(6) After PCFCD's operational date, the district's
112	governing board shall determine if it wants to revise the name
113	of the district during its initial organizational meeting and
114	shall notify the Department of State and the Department of
115	Community Affairs of the district's operational date and its new
116	name, if applicable.
117	Section 3. Purpose.-The purpose of this act is to promote
118	the health, welfare, and safety of the citizens and residents of
119	Collier County by providing for firefighting equipment; to
120	establish and maintain fire stations and fire substations; to
121	acquire and maintain all firefighting and protection equipment
122	necessary for the prevention of fires or fighting of fires; to
123	employ and train such personnel as may be necessary to
124	accomplish fire prevention and firefighting; to establish and
125	maintain emergency medical services; to acquire and maintain
126	rescue and other emergency equipment; and to employ and train
127	necessary emergency personnel within the district's boundaries.
128	The district shall have all other powers necessary to carry out
129	the purposes of the district as otherwise provided by law,
130	including, but not limited to, the power to adopt all necessary
131	measures, rules, regulations, and policies relating to such
132	purposes. Nothing in this act shall prevent the district from
133	cooperating with the state or other local governments to render
134	such services as from time to time may be deemed desirable.
135	Section 4. Boundaries; service provider.-
136	(1) The lands within the district shall be limited to
137	those areas in Collier County where an independent special fire
138	control and rescue district has adopted a resolution electing to
139	merge with the district as provided for in section 2. The
140	district shall be the service provider to such lands of the
141	independent special fire control and rescue district upon the
142	effective date of merger.
143	(2) The district's boundaries shall also include those
144	properties in which the county or a municipality transfers its
145	powers to provide fire protection and rescue services to such
146	properties by the district in accordance with this act. The
147	district shall be the service provider to such properties upon
148	the effective date of the transfer. The district may not levy ad
149	valorem taxes upon the transferred properties until such time as
150	an ad valorem millage rate is approved by the electors of the
151	area. However, the district shall be able to charge non-ad
152	valorem assessments and all other fees immediately upon the
153	properties after the transfer. Until the electors of the
154	transferred properties approve the district's millage rate, the
155	local government that transferred its powers to the district
156	shall pay the district, by January 1 of each year, an amount
157	equal to the ad valorem taxes or assessments that the district
158	would have collected had the district been able to levy and
159	assess its ad valorem taxes on the transferred properties.
160	(3) The district shall also be the service provider for
161	those areas in which an interlocal agreement has been entered
162	into with another local government providing for the provision
163	of service by the district and those areas that have been
164	annexed pursuant to chapter 171, Florida Statutes, in which the
165	independent special fire control and rescue district is
166	currently providing services pursuant to section 171.093 or part
167	II of chapter 171, Florida Statutes.
168	Section 5. Service delivery areas.-A service delivery
169	area, hereinafter referred to as an "SDA," shall be created that
170	corresponds with the boundaries of each independent special fire
171	control and rescue district that elects to merge with the
172	district upon providing written notification to the district of
173	its resolution. The boundaries of the electing independent
174	special fire control and rescue district shall be those
175	boundaries at the time of the resolution's adoption. Any
176	independent special district that elected to merge with the
177	district prior to the district's operational date shall have a
178	corresponding SDA automatically created upon the district's
179	operational date. An SDA shall be created to include those
180	properties for which the county or a municipality transfers to
181	the district its powers to provide fire protection and rescue
182	services in accordance with this act. The district may create an
183	SDA for those areas for which an interlocal agreement has been
184	entered into with another local government within Collier County
185	that provides for district services but is not a complete
186	transfer of powers to the district ("ex officio SDA").
187	Section 6. Governing body.-
188	(1) In accordance with chapter 191, Florida Statutes, the
189	district shall be governed by the fire board, whose members
190	shall also be known as commissioners.
191	(2)(a) From the district's operational date until the next
192	general election, the fire board shall be comprised of elected
193	officials from any independent special fire control and rescue
194	district that elects to merge with the district.
195	(b) The fire board shall be composed as follows:
196	1. If only one independent special fire control and rescue
197	district elects to merge with the district to be its service
198	provider prior to the district's operational date, the business
199	and affairs of the district shall be conducted and administered
200	by a fire board that consists of the electing independent
201	special fire control and rescue district's governing body who
202	shall serve until the next general election. The fire board
203	shall meet and organize the district within 45 days after the
204	district's operational date.
205	2. If more than one independent special fire control and
206	rescue district elects to merge with the district prior to the
207	district's operational date, each electing independent special
208	fire control and rescue district shall appoint three of its
209	governing board members to serve on the fire board. Appointment
210	by each of the independent special fire control and rescue
211	districts electing to merge with the district shall occur within
212	30 days after the district's operational date. The newly
213	appointed fire board shall meet and organize the district within
214	45 days after the district's operational date. The independent
215	special fire control and rescue district that first adopts a
216	resolution electing to merge with the district shall be
217	responsible for organizing the district's initial meeting of the
218	fire board.
219	3. After the operational date and until the next general
220	election after such date, an independent special fire control
221	and rescue district that elects to merge with the district shall
222	appoint three of its governing body members to the fire board
223	and provide written notification to the district of its election
224	and appointment of members within 15 days after such action.
225	4. If there is an even number of board members as a result
226	of subparagraph 2. or subparagraph 3., the chair of the board
227	may only vote in the event of a tie vote of the fire board.
228	5. A quorum of the fire board shall be a majority of its
229	members, excluding ex officio members, except that should the
230	membership of the fire board reach 12 members, a quorum may be
231	set by resolution of the fire board provided that in no instance
232	may the resolution set the quorum at fewer than seven members.
233	In order to take official action, an affirmative vote of a
234	majority of those members present shall be required.
235	6. During the organizational meeting provided for under
236	subparagraphs 2. and 3., the fire board shall organize by
237	electing from its members a chair, a vice chair, a secretary,
238	and a treasurer to serve for the duration of their terms.
239	7. Members of the fire board shall serve until the members
240	that are elected in the next general election after the
241	operational date take their oaths of office.
242	8. If the fire board creates an SDA to represent an area
243	in which there is an interlocal agreement with a local
244	government in Collier County for the district to provide
245	service, also known as an ex officio SDA, the local government
246	shall appoint one of its governing board members to serve on the
247	fire board as an ex officio nonvoting member.
248	(c) The fire board shall operate the district in
249	accordance with this act and chapters 189 and 191, Florida
250	Statutes, and with any other applicable general or special law,
251	except as provided in this act.
252	(d) Members of the fire board may each be paid a salary or
253	honorarium to be determined by at least a majority plus one vote of
254	the board pursuant to chapter 191, Florida Statutes.
255	(3)(a) Beginning with the next general election after the
256	district's operational date, the fire board shall be comprised
257	of at least five members, with a member elected from each of the
258	SDAs created pursuant to section 5, excluding any ex officio
259	SDA. If there are fewer than five SDAs at the time of the
260	election and until there are at least five SDAs within the
261	boundaries of the district, the fire board shall be comprised of
262	five members pursuant to section 191.005, Florida Statutes,
263	elected as follows: if there is only one SDA, there shall be
264	five at-large seats; if there are two SDAs, there shall be two
265	members elected from each SDA and one member elected at large
266	within the boundaries of the district; if there are three SDAs,
267	there shall be a member elected from each SDA and two members
268	elected at large within the boundaries of the district; and if
269	there are four SDAs, there shall be a member elected from each
270	SDA and one member elected at large within the boundaries of the
271	district. An at-large member represents the entire district.
272	(b) The fire board shall be elected pursuant to chapter
273	191, Florida Statutes, by the electors of the district in a
274	nonpartisan election held at the time and in the manner
275	prescribed for holding general elections in section
276	189.405(2)(a), Florida Statutes.
277	(c) Each SDA, excluding ex officio SDAs, shall be
278	represented on the fire board by a member who is a resident of
279	the SDA and who has been elected by the electors of the SDA. Any
280	at-large member on the fire board shall be a resident of the
281	district and shall be elected by the electors of the district.
282	Each ex officio SDA shall have a nonvoting member ("ex officio
283	member") on the fire board who is a resident of the ex officio
284	SDA and is appointed by the local government that the district
285	is providing service for pursuant to an interlocal agreement.
286	(d) The office of each board member, excluding board
287	members representing ex officio SDAs, is designated as a seat on
288	the fire board, distinguished from each other seat by a numeral,
289	and shall represent the associated SDA or at-large seat. Each
290	candidate must designate, at the time he or she qualifies, the
291	seat on the fire board for which he or she is a candidate: 1, 2,
292	3, 4, or 5. The candidate for each seat who receives the most
293	votes shall be elected to the fire board.
294	(e) Commissioners shall serve for terms of 4 years each,
295	subject to the provisions of chapter 191, Florida Statutes, and
296	shall not be subject to term limits. For the commissioners
297	elected in the next general election after the district's
298	operational date, the members elected for the odd-numbered seats
299	shall serve for 4-year terms each and the members elected for
300	the even-numbered seats shall serve for 2-year terms each.
301	(f) If a commissioner ceases to reside in the SDA from
302	which he or she was elected or within the district if an at-
303	large seat, the office shall be declared vacant, the
304	commissioner shall be disqualified from further service, and the
305	remaining commissioners shall appoint a qualified person from
306	the SDA associated with the vacant seat.
307	(g) Each commissioner shall hold office until his or her
308	successor is qualified and elected or, in the case of a
309	commissioner representing an ex officio SDA, his or her
310	successor is appointed, unless that commissioner ceases to be
311	qualified, dies, resigns, or is removed from office.
312	(h) All candidates must qualify for election in accordance
313	with chapters 189 and 191, Florida Statutes. In the event a
314	candidate seeks to qualify for election by obtaining signatures
315	in accordance with section 191.005, Florida Statutes, the
316	qualified signatures shall be signatures of electors within the
317	SDA for which the candidate seeks election, or if a candidate
318	seeks to qualify for election for an at-large seat by obtaining
319	signatures, such signatures shall be signatures of electors
320	within the district.
321	(i) Any additional expenses of holding elections for
322	commissioners at the regular county elections shall be paid out
323	of the funds of the district if required by the proper
324	authority.
325	(j) A quorum of the fire board shall be a majority of its
326	members, excluding ex officio members. In order to take official
327	action, an affirmative vote of a majority of those members
328	present shall be required. If the fire board consists of an even
329	number of members, the chair of the fire board shall only vote
330	in the event of a tie.
331	(k) Each elected member shall assume office 10 days after
332	the member's election or appointment. Within 60 days after a
333	general election, the fire board shall organize by electing from
334	its members, excluding ex officio members, a chair, a vice
335	chair, a secretary, and a treasurer. The positions of secretary
336	and treasurer may be held by one member.
337	(4) Any independent special fire control and rescue
338	district electing to merge with the district after the general
339	election after the district's operational date shall appoint
340	three members of its governing board to serve on the fire board
341	and provide written notification to the district of its
342	appointments 15 days after approval by a majority vote of those
343	qualified electors of the independent special fire control and
344	rescue district voting in a referendum regarding the merger of
345	such independent special fire control and rescue district with
346	the PCFCD. At the next general election after the independent
347	special fire control and rescue district's merger with the
348	district, the three governing board members appointed pursuant
349	to this subsection shall no longer be members of the fire board.
350	The seat associated with the lowest numeric at-large seat that
351	is elected at this general election shall be associated solely
352	with the SDA associated with the electing independent special
353	fire control and rescue district and shall no longer be an at-
354	large seat.
355	(5) If the fire board creates an SDA to represent an area
356	for which there is an interlocal agreement with a local
357	government in Collier County for the district to provide
358	service, also known as an ex officio SDA, the local government
359	shall appoint one of its governing board members to serve on the
360	fire board as an ex officio nonvoting member.
361	(6) The fire board shall operate the district in
362	accordance with this act and chapters 189 and 191, Florida
363	Statutes, and with any other applicable general or special law,
364	except as provided in this act.
365	(7) Members of the fire board may each be paid a salary or
366	honorarium to be determined by at least a majority plus one vote of
367	the board pursuant to chapter 191, Florida Statutes.
368	Section 7. Powers of the district.-
369	(1) The fire board shall have the power to create SDAs
370	pursuant to section 5.
371	(2) The district shall have all powers and duties granted by
372	this charter and chapters 189, 191, 197, and 401, Florida Statutes,
373	including, but not limited to, ad valorem taxation, bond issuance,
374	other revenue-raising capabilities, budget preparation and
375	approval, liens and foreclosure of liens, use of tax deeds and tax
376	certificates as appropriate for non-ad valorem assessments, and
377	contractual agreements. The district may be financed by any method
378	established in this act or in chapter 189 or chapter 191, Florida
379	Statutes.
380	(3) The district, through the fire board, shall promulgate by
381	resolution the following:
382	(a) Standards for all levels of service for firefighting
383	and rescue services.
384	(b) One integrated communications system for all fire and
385	rescue services.
386	(c) Closest response for delivery of all fire and rescue
387	services within the boundaries of the district.
388	(4) The district shall create a 5-year plan for the
389	provision of fire and rescue services within its boundaries.
390	(5) The district shall have the authority to establish,
391	equip, operate, and maintain a fire department and provide
392	rescue services, including emergency medical services.
393	(6) The district is authorized to adopt and amend policies
394	and regulations for the administration of the affairs of the
395	district under the terms of this act and chapters 189 and 191,
396	Florida Statutes, which shall include, but is not limited to,
397	the authority to adopt the necessary policies and regulations
398	for the administration and supervision of the property and
399	personnel of the district and for fire prevention, fire control,
400	rescue work, and emergency medical services within the district.
401	Such commissioners shall have the lawful power and authority
402	necessary to implement the purposes for which the district is
403	created, which power and authority shall include, but is not
404	limited to, the power to purchase all necessary fire equipment,
405	rescue equipment, medical equipment, and all other equipment
406	necessary to carry out the purposes of the district; to purchase
407	all necessary real and personal property; to purchase and carry
408	standard insurance policies on such property and equipment; to
409	employ personnel, including firefighters and paramedics, as may
410	be necessary to carry out the purposes of the district; to
411	provide for insurance for such employees and fire board members;
412	to buy, lease, sell, exchange, or otherwise acquire or receive
413	as a gift and dispose of firefighting and emergency medical
414	equipment and other real, personal, tangible or intangible, or
415	mixed property that it may from time to time deem necessary to
416	prevent and extinguish fires or provide emergency medical
417	services; to provide water, water supply, water stations, and
418	other necessary buildings; to accept gifts or donations of
419	equipment or money for the use of the district; and to do all
420	things necessary to provide adequate water supply, fire
421	prevention, proper fire protection, rescue services, and
422	emergency medical services for the district.
423	(7) The district is authorized to enter into interlocal
424	agreements for any purpose related to providing fire or
425	emergency medical services within Collier County pursuant to
426	part I of chapter 163, Florida Statutes, including the provision
427	of services outside of the district. The district is authorized
428	to enter into interlocal agreements regarding the collection of
429	any revenues and to pay administrative charges by the collection
430	entity.
431	(8) The district is authorized to enter into contracts
432	with private entities in order to carry out the purposes of the
433	district.
434	(9) The district may establish and maintain emergency
435	medical and rescue response services within the district
436	consistent with section 191.008(1), Florida Statutes, and the
437	provisions of chapter 401, Florida Statutes.
438	(10) In addition to any other power to borrow money as may
439	be provided by this act or by general law, the district has the
440	authority to borrow money or issue other evidences of
441	indebtedness for the purposes of the district in accordance with
442	chapters 189 and 191, Florida Statutes.
443	(11) The district shall have authority to inspect and
444	investigate all property for fire hazards as authorized by law.
445	The fire board, by resolution duly adopted, may assess fees for
446	fire inspection and maintenance and replacement of hydrants in
447	an amount reasonably related to the cost thereof and may adopt
448	provisions creating a lien or providing for civil enforcement of
449	such assessments.
450	(12)(a) The district is authorized to promulgate and enact
451	fire prevention ordinances, rules, and regulations for the
452	prevention of fire and for fire control in the district in the
453	same manner provided for the adoption of policies and
454	regulations pursuant to general law. When the provisions of such
455	fire prevention ordinances are determined by the board to be
456	violated, the office of the state attorney, upon written notice
457	of such violation issued by the board, is authorized to
458	prosecute such person or persons held to be in violation
459	thereof. Any person found guilty of a violation may be punished
460	as provided in chapter 775, Florida Statutes, as a misdemeanor
461	of the second degree. The cost of such prosecution shall be paid
462	out of district funds unless otherwise provided by law. The
463	district has the authority to enforce fire safety code
464	violations and enact resolutions relating to such enforcement
465	pursuant to section 633.052(2), Florida Statutes, as well as to
466	adopt local amendments to the Florida Fire Prevention Code
467	pursuant to section 633.0215(10), Florida Statutes.
468	(b) The fire board shall have the power to appoint a fire
469	marshal, who shall be a person experienced in all types of
470	firefighting and fire prevention and who shall work with and
471	cooperate with the State Fire Marshal in the prevention of fires
472	of all types. The district fire marshal shall be authorized to
473	enter, at all reasonable hours, any building or premises for the
474	purpose of making any inspection or investigation that the State
475	Fire Marshal is authorized to make pursuant to state law and
476	regulation. The owner, lessee, manager, or operator of any
477	building or premises shall permit the district fire marshal to
478	enter and inspect the building or premises at all reasonable
479	hours. The district fire marshal shall report any violations of
480	state fire safety law or regulations to the appropriate
481	officials. Each of the electing independent special fire control
482	and rescue district's existing obligations arising from the
483	interlocal agreement regarding the creation and operation of the
484	Collier County Fire Code Officials Office shall be transferred
485	to the district.
486	(c) All fire inspectors engaged by the district shall be a
487	Florida certified firefighter pursuant to chapter 633, Florida
488	Statutes.
489	Section 8. Finances.-
490	(1) The powers, functions, and duties of the district
491	regarding ad valorem taxation, bond issuance, other revenue-
492	raising capabilities, budget preparation and approval, liens and
493	foreclosure of liens, use of tax deeds and tax certificates as
494	appropriate for non-ad valorem assessments, and contractual
495	agreements and the methods for financing the district and for
496	collecting non-ad valorem assessments, fees, or service charges,
497	shall be as set forth in this act, in chapters 170, 189, 191,
498	219, and 197, Florida Statutes, and in any applicable general or
499	special law.
500	(2)(a) The district shall levy and collect ad valorem
501	taxes in accordance with section 191.009 and chapter 200,
502	Florida Statutes. The taxes levied and assessed by the district
503	shall be a lien upon the land so assessed along with the county
504	taxes assessed against such land until such assessments and
505	taxes have been paid, and if the taxes levied by the district
506	become delinquent, such taxes shall be considered a part of the
507	county tax subject to the same penalties, charges, fees, and
508	remedies for enforcement and collection and shall be enforced
509	and collected as provided by general law for the collection of
510	such taxes. The district shall have the authority to levy a
511	millage rate up to the amount that was approved by referendum as
512	required by the Florida Constitution and chapter 191, Florida
513	Statutes, within the boundaries of each of the independent
514	special fire control and rescue districts that have merged with
515	the district. Nothing in this act shall prevent the district
516	from levying a millage rate as provided for in section 191.009,
517	Florida Statutes, or a millage rate that has been approved by
518	referendum.
519	(b) The district may not, solely by reason of a merger
520	with an independent special fire control and rescue district,
521	increase ad valorem taxes on property within the original limits
522	of the independent special fire control and rescue district
523	beyond the maximum ad valorem rate approved by the electors of
524	the district by referendum. For each independent special fire
525	control and rescue district merging with the district, the
526	district may levy an ad valorem millage within the associated
527	SDA up to the millage rate that was previously approved by the
528	electors of that independent special fire control and rescue
529	district or the ad valorem millage rate approved by the
530	independent special fire control and rescue district's electors
531	at the time they approved the independent special fire control
532	and rescue district's merger with PCFCD unless a higher rate is
533	subsequently approved pursuant to chapter 191, Florida Statutes.
534	If the independent special fire control and rescue district's
535	referendum-approved ad valorem millage rate is lower than the
536	district's ad valorem millage rate that was approved, the
537	district may only charge an ad valorem millage rate within the
538	SDA that does not exceed the referendum approved ad valorem
539	millage rate within such area until such time as an increased
540	millage rate is approved by the electors of the corresponding
541	SDA. The intent is to preserve and transfer all authority to the
542	district to levy ad valorem taxes upon the property within the
543	SDA up to the millage rate that was previously approved by
544	referendum of the electing independent special fire control and
545	rescue district.
546	(3) The fire board shall annually, during the month of
547	June, make an itemized estimate of the amount of money required
548	to carry out the provisions of this act for the next fiscal year
549	of the board, which fiscal year shall be from October 1 to and
550	including the next succeeding September 30, which estimate shall
551	state the purpose for which the money is required and the amount
552	necessary to be raised by taxation within the district, which
553	budget and proposed millage rate shall be noticed, heard, and
554	adopted in accordance with chapters 192 through 200, Florida
555	Statutes.
556	(4) The methods for assessing and collecting non-ad
557	valorem assessments, fees, or service charges shall be as set
558	forth in this act, chapter 170, chapter 189, chapter 191, or
559	chapter 197, Florida Statutes.
560	(5) Notwithstanding section 191.009(2), Florida Statutes,
561	the district is authorized to levy and enforce non-ad valorem
562	assessments in accordance with chapters 170, 189, 191, and 197,
563	Florida Statutes, within its boundaries. Notwithstanding section
564	191.009(2), Florida Statutes, the approval of this special act
565	by referendum shall be deemed to also be the approval of the
566	first-time levy of non-ad valorem assessments in the district.
567	Once adopted by the district, non-ad valorem assessments shall
568	not be increased by more than the average annual growth rate in
569	Florida personal income over the previous 5 years without a
570	referendum.
571	(6) The district's planning requirements shall be as set
572	forth in this act and chapters 189 and 191, Florida Statutes.
573	(7) Requirements for financial disclosure, meeting
574	notices, reporting, public records maintenance, and per diem
575	expenses for officers and employees shall be as set forth in
576	this act and chapters 112, 119, 189, 191, and 286, Florida
577	Statutes.
578	Section 9. Authority to borrow money.-The district shall
579	have the power to issue general obligation bonds, assessment
580	bonds, bond anticipations notes, notes, or certificates or other
581	evidences of indebtedness, hereinafter referred to as "bonds,"
582	pledging the full faith, credit, and taxing power of the
583	district consistent with the purposes of the district in
584	accordance with the requirements of section 191.012, Florida
585	Statutes, and other applicable general law.
586	Section 10. Impact fees.-
587	(1) The board may allow for the assessment and collection
588	of impact fees for capital improvement on new construction
589	within the district.
590	(a) As growth continues in Collier County, it is readily
591	apparent that additional equipment and facilities will be needed
592	to meet the expanding commercial and residential growth within
593	the district.
594	(b) It is declared that the cost of new facilities and
595	equipment for fire protection and related emergency services
596	shall be borne by new users of the district's services, to the
597	extent that new construction requires new facilities and
598	equipment, but only to that extent.
599	(c) It is therefore the legislative intent to transfer to
600	the new users of the district's fire protection a fair share of
601	the costs of new facilities imposed on the district by new
602	users.
603	(d) It is declared that the amounts of impact fees for
604	capital improvement provided for in this section are just,
605	reasonable, and equitable.
606	(2) No person shall issue or obtain a building permit for
607	new residential dwelling units or new commercial or industrial
608	structures within the district, or issue or obtain construction
609	plan approval for new mobile home developments located within
610	the district, until the developers thereof have paid to the
611	district the applicable impact fees for capital improvements
612	hereinafter set forth. Impact fees for capital improvements to
613	be assessed and collected hereunder shall be pursuant to the
614	Collier County 2005 First/Rescue Services Impact Fee Update
615	Study or subsequent impact fee study pursuant to section
616	191.009(4), Florida Statutes.
617	(3) Impact fees for capital improvements collected by the
618	district pursuant to this section shall be kept and maintained
619	as a separate fund from other revenues of the district and shall
620	be used exclusively for the acquisition, purchase, or
621	construction of new facilities and equipment, or portions
622	thereof, required to provide fire protection and related
623	emergency services to new construction. New facilities and
624	equipment shall be as provided for in section 191.009(4),
625	Florida Statutes.
626	(4) The district shall maintain adequate records to ensure
627	that impact fees for capital improvements collected under this
628	section are expended only for permissible new facilities or
629	equipment.
630	(5) The fire board shall determine the maximum amount of
631	impact fees to be assessed in any one fiscal year. This
632	determination shall be made prior to the immediately succeeding
633	fiscal year. The fire board's determination of the amount of the
634	impact fee to be assessed in any one fiscal year shall be based
635	on the requirements set forth in this section.
636	(6) The district is authorized to enter into agreements
637	regarding the collection of impact fees.
638	(7) The district shall comply with the requirements in
639	section 163.31801, Florida Statutes.
640	(8) It is the legislative intent to preserve and transfer
641	all authority to the district to charge impact fees upon new
642	development within the SDA that was previously implemented by
643	the governing board of the electing independent special fire
644	control and rescue district.
645	Section 11. Deposit of taxes, assessments, fees; authority
646	to disburse funds.-
647	(1) The funds of the district shall be deposited in
648	qualified public depositories, in accordance with chapters 191
649	and 280, Florida Statutes.
650	(2) All warrants for the payment of labor, equipment, and
651	other expenses of the board, and in carrying into effect this
652	act and the purposes thereof, shall be payable by the treasurer
653	of the board on accounts and vouchers approved and authorized by
654	the board.
655	Section 12. Elections.-
656	(1) When a referendum or special election is required
657	under the provisions of this act, the district shall reimburse
658	the county for the costs of such election.
659	(2) The procedures for conducting any district elections
660	or referendum required and the qualifications of any elector of
661	the district shall be as set forth in chapters 189 and 191,
662	Florida Statutes, except as provided in this act.
663	Section 13. Eminent domain.-The district shall have the
664	authority to exercise the power of eminent domain pursuant to
665	chapters 73, 74, and 191, Florida Statutes, over any property,
666	except municipal, county, state, or federal property, pursuant
667	to section 191.006, Florida Statutes.
668	Section 14. Annexation.-
669	(1) Part II of chapter 171, Florida Statutes, the
670	Interlocal Service Boundary Agreement Act, shall apply to all
671	types of annexations by a municipality within the boundaries of
672	the district, and a resolution providing that a municipality
673	declines to participate in the process shall not be deemed a
674	responding resolution under this part and shall result in
675	section 171.203(5), Florida Statutes, being applicable. If part
676	II of chapter 171, Florida Statutes, is repealed, then section
677	171.093, Florida Statutes, shall apply to all types of
678	annexations by a municipality within the boundaries of the
679	district.
680	(2) If a new municipality is incorporated within the
681	boundaries of the district, the district's boundaries shall
682	continue to include the incorporated lands and it shall remain
683	the service provider.
684	(3) Any moneys owed to an independent special fire control
685	and rescue district pursuant to section 171.093, Florida
686	Statutes, or any interlocal service boundary agreement, as a
687	result of annexation predating the district, shall be paid to
688	the district if such independent special fire control and rescue
689	district elects to be served by the district.
690	Section 15. Miscellaneous.-
691	(1) The district's charter may only be amended by special
692	act of the Legislature.
693	(2) In the event any section or provision of this act is
694	determined to be invalid or unenforceable, such determination
695	shall not affect the validity and enforceability of each other
696	section and provision of this act.
697	(3) The district shall exist until the Legislature
698	approves a special act providing for its dissolution, and such
699	special act is contingent upon approval by the electors of the
700	district unless the district elects to merge into the Southwest
701	Florida Fire Control and Rescue District, an independent special
702	fire control and rescue district.
703	(4) Notwithstanding sections 191.014(3) and 189.4042(2),
704	Florida Statutes, if the district elects to merge into the
705	Southwest Florida Fire Control and Rescue District, the district
706	shall dissolve upon transition of services to the Southwest
707	Florida Fire Control and Rescue District, and such dissolution
708	need not be approved by the Legislature or by the electors by
709	referendum.
710	(5) In order to avoid disincentivizing the consolidation
711	of independent special fire control and rescue districts in
712	Collier County, notwithstanding section 212.055(8)(d), Florida
713	Statutes, for purposes of determining whether the interlocal
714	agreement includes a majority of service providers in the
715	county, similar to Collier County's MSTUs, each SDA, excluding
716	ex officio SDAs, shall be considered an individual participating
717	jurisdiction. In addition, for purposes of determining the
718	distribution of the surtax proceeds to the participating
719	entities, the district's expenditures of ad valorem taxes and
720	non-ad valorem assessments for fire control and emergency rescue
721	services in each of the immediately preceding 5 fiscal years
722	shall be the combined expenditures for the district and for each
723	independent special fire control and rescue district that
724	elected to be serviced by the district.
725	Section 16. Immunity from tort liability.-
726	(1) The district and its officers, agents, and employees
727	shall have the same immunity from tort liability as other
728	agencies and subdivisions of the state. The provisions of
729	chapter 768, Florida Statutes, shall apply to all claims
730	asserted against the district.
731	(2) The district commissioners and all officers, agents,
732	and employees of the district shall have the same immunity and
733	exemption from personal liability as is provided by general law
734	of the state for state, county, and municipal officers.
735	(3) The district shall defend all claims against the
736	commissioners, officers, agents, and employees which arise
737	within the scope of employment or purposes of the district and
738	shall pay all judgments against such persons, except where such
739	persons acted in bad faith or with malicious purpose or in a
740	manner exhibiting wanton and willful disregard of human rights,
741	safety, or property.
742	Section 17. Transition to the PCFCD.-
743	(1) Notwithstanding section 189.4042(2), Florida Statutes,
744	any independent special fire control and rescue district that
745	adopts a resolution electing to merge with the PCFCD prior to
746	the district's operational date shall merge with the PCFCD on
747	September 30 of the calendar year after the majority approval of
748	a referendum pursuant to section 21, and all of the independent
749	special fire control and rescue district's special acts shall
750	expire on the date of such merger. Any independent special fire
751	control and rescue district that adopts a resolution electing to
752	merge with the PCFCD after the district's operational date shall
753	merge with the PCFCD on September 30 of the calendar year after
754	the majority approval of a referendum pursuant to section 22,
755	and all of the independent special fire control and rescue
756	district's special acts shall expire on the date of such merger.
757	All assets, liabilities, property, and contractual or other
758	obligations of the electing independent special fire control and
759	rescue district are transferred to its district on September 30
760	of the calendar year that the independent special fire control
761	and rescue district merges with the PCFCD.
762	(2) The PCFCD shall begin providing services to the
763	jurisdiction of the independent special fire control and rescue
764	district on October 1 of the calendar year that the independent
765	special fire control and rescue district has merged with the
766	PCFCD. The PCFCD is required to provide services to any
767	independent special fire control and rescue district within
768	Collier County that elects to merge with the district in
769	accordance with the above schedule. Each independent special
770	fire control and rescue district must provide a copy of its
771	resolution electing to merge with the PCFCD to the district
772	within 10 days after the adoption of the resolution.
773	Section 18. Employees; pension plans; funding.-
774	(1) Upon the effective date of a merger with the district,
775	all employees employed by an independent special fire control
776	and rescue district merging with the district shall be employed
777	by the district without loss of rank or equivalent position of
778	command or administrative position, pay, benefits, accrued
779	leave, seniority, or pension. This section does not guarantee
780	permanent employment with the district or employment with the
781	district for any duration of time.
782	(2) Wages, hours, and conditions of employment of
783	employees upon the effective date of the merger of the
784	independent special fire control and rescue district with the
785	PCFCD shall be no less than those enjoyed while employed by
786	their former employer.
787	(3) Nothing shall limit the district's authority to make
788	any and all necessary employment decisions regarding personnel
789	transferred to the district or personnel subsequently hired by
790	the district. For those employees who are members of a
791	bargaining unit certified by the Public Employees Relations
792	Commission, the requirements of chapter 447, Florida Statutes,
793	apply to such district actions.
794	(4) All employees shall have the right to remain in their
795	current retirement plan, or transfer to another retirement plan
796	in accordance with law, if another retirement plan is adopted by
797	the fire board. However, after the effective date of this act,
798	an employee's employment shall not be considered terminated for
799	retirement purposes until the employee separates from employment
800	from the district. No employee may receive benefits, other than
801	through a deferred retirement option program, from any
802	retirement plan adopted by the independent special fire control
803	and rescue district that merged with the district while actively
804	employed by the district.
805	(5) For an independent special fire control and rescue
806	district that has a lawfully established firefighters' pension
807	trust fund in accordance with chapter 175, Florida Statutes, at
808	the time it merges with the district, the associated plan shall
809	not be deemed terminated pursuant to section 175.361, Florida
810	Statutes, and the boundaries of the SDA attributable to such
811	independent special fire control and rescue district shall be
812	deemed to be the lawfully established boundaries of an
813	independent special fire control and rescue district as required
814	by chapter 175, Florida Statutes. The existing board of trustees
815	of the firefighters' pension trust fund shall remain for the
816	associated independent special fire control and rescue district
817	pension trust fund even upon the independent special fire
818	control and rescue district's dissolution pursuant to this act
819	and shall operate pursuant to chapter 175, Florida Statutes,
820	within the boundaries of the appropriate SDA. For purposes of
821	section 175.061(1)(a), Florida Statutes, the two members of the
822	board of trustees for a chapter plan that are required to be
823	legal residents of the special fire control and rescue district
824	shall be legal residents of the associated SDA and shall be
825	appointed by the fire board. For purposes of section 175.101,
826	Florida Statutes, a district has the authority to levy a premium
827	tax on the insurance policies within its boundaries. That
828	portion of the tax receipts attributable to insurance policies
829	covering property within an SDA shall be used by the district
830	for the sole use of its firefighters that are members of the
831	firefighters' pension trust fund associated with such SDA. If
832	there is no lawfully established pension trust fund under
833	chapter 175, Florida Statutes, associated with an SDA, the
834	moneys from such tax receipts attributable to the insurance
835	policies covering such property shall be used for the benefit of
836	the district's firefighters. For purposes of chapter 175,
837	Florida Statutes, the boundaries of the district shall be deemed
838	to include an area that has been annexed, including those
839	annexations that have occurred prior to this act's effective
840	date, until such time as the district is no longer providing
841	services to the annexed property. Notwithstanding section
842	175.351, Florida Statutes, the district may use premium tax
843	revenues to fund the cost of compliance as provided in section
844	175.162(2)(a), Florida Statutes, for its lawfully established
845	pension trust fund.
846	(6) Contributions for upgrading the first 2 percent of the
847	member's average monthly compensation shall be pursuant to
848	section 121.0515(5), Florida Statutes. Contributions for
849	upgrading additional special risk credit in excess of 2 percent
850	but not to exceed 3 percent of the member's average monthly
851	compensation shall be an amount representing the actuarial
852	accrued liability for the difference in accrual value during the
853	period of service for which credit is being purchased.
854	Contributions shall be calculated by an actuary designated by
855	the Division of Retirement of the Department of Management
856	Services using the discount rate and Florida Retirement System
857	defined benefit plan liabilities in the most recent actuarial
858	valuation. The contribution for service credit being purchased
859	must be paid by the member or by the employer on behalf of the
860	member immediately upon notification by the Division of
861	Retirement of the Department of Management Services.
862	Section 19. Southwest Florida Fire Control and Rescue
863	District.-
864	(1) If the governing bodies of the PCFCD and the Paradise
865	Coast Fire Control and Rescue District, or the subsequently
866	renamed districts, elect to merge into a consolidated
867	independent special fire control and rescue district, the
868	Southwest Florida Fire Control and Rescue District, an
869	independent special fire control and rescue district in Collier
870	County, shall be created 14 days after the adoption of a
871	resolution to merge by each of the above-referenced independent
872	special fire control and rescue districts without further action
873	of the Legislature or vote of the electors ("creation date").
874	Notice of such election shall be jointly filed with the
875	Department of State and the Department of Community Affairs. The
876	legislative intent is to preserve and transfer all authority of
877	the PCFCD and the Paradise Coast Fire Control and Rescue
878	District to the Southwest Florida Fire Control and Rescue
879	District.
880	(2) The Southwest Florida Fire Control and Rescue
881	District's charter shall be this act with the exception of the
882	provision as provided for in subsection (7).
883	(3) Each SDA within the PCFCD and the Paradise Coast Fire
884	Control and Rescue District shall be an SDA within the Southwest
885	Florida Fire Control and Rescue District.
886	(4) It is the intent of the Legislature to preserve and
887	transfer all authority to the Southwest Florida Fire Control and
888	Rescue District to levy ad valorem taxes up to a millage rate
889	that was previously approved by referendum of the electors of
890	the PCFCD and the Paradise Coast Fire Control and Rescue
891	District or previously approved by the electors of any
892	independent special fire control and rescue district that merged
893	with either district. The Southwest Florida Fire Control and
894	Rescue District may only levy ad valorem millage within each of
895	the districts, or within each SDA if there are differing millage
896	rates within a district, up to the millage rate that was
897	approved at a referendum by the electors of such district until
898	such time as an increased millage rate is approved as provided
899	for by section 191.009, Florida Statutes.
900	(5) Notwithstanding sections 191.014(3) and 189.4042(2),
901	Florida Statutes, if the PCFCD and the Paradise Coast Fire
902	Control and Rescue District, or the subsequently renamed
903	districts, each adopt a resolution electing to merge into the
904	Southwest Florida Fire Control and Rescue District prior to
905	March 1 of a calendar year, then the PCFCD and the Paradise
906	Coast Fire Control and Rescue District shall merge with the
907	Southwest Florida Fire Control and Rescue District on September
908	30 of such year and all of their special acts, with the
909	exception of this special act, expire. If the adoption of the
910	resolutions to merge occurs after March 1 of a calendar year,
911	then the PCFCD and the Paradise Coast Fire Control and Rescue
912	District shall merge with the Southwest Florida Fire Control and
913	Rescue District on September 30 of the calendar year after such
914	year and all of their special acts, with the exception of this
915	special act, expire. The Southwest Florida Fire Control and
916	Rescue District shall begin providing services on October 1 of
917	the calendar year that the districts merge with it.
918	(6) All assets, liabilities, property, and contractual or
919	other obligations of the PCFCD and the Paradise Coast Fire
920	Control and Rescue District are transferred to the Southwest
921	Florida Fire Control and Rescue District on September 30 of the
922	calendar year the districts merge with the Southwest Florida
923	Fire Control and Rescue District.
924	(7) The Fire Board of the Southwest Florida Fire Control
925	and Rescue District shall be comprised of the elected officials
926	from the merging districts who shall serve until their
927	replacements are elected at the next general election following
928	its creation. Section 6 of the Southwest Florida Fire Control
929	and Rescue District's charter shall read in lieu thereof:
930	Section 6. Governing body.-
931	(1) In accordance with chapter 191, Florida Statutes, the
932	district shall be governed by the fire board.
933	(2)(a) After the district's creation date and until the
934	next general election, the fire board shall be comprised of the
935	members of the governing boards of the PCFCD and the Paradise
936	Coast Fire Control and Rescue District, or subsequently renamed
937	districts.
938	(b) An organizational meeting of the fire board shall be
939	held within 45 days after district's creation date.
940	(c) A quorum of the fire board shall be a majority of its
941	members, excluding ex officio SDA members. In order to take
942	official action, an affirmative vote of a majority of those
943	members present shall be required. The chair of the board may
944	only vote in the event of a tie vote of the fire board.
945	(d) During the organizational meeting provided for under
946	paragraph (b), the fire board shall organize by electing from
947	its members a chair, vice chair, secretary, and treasurer to
948	serve for the duration of their terms.
949	(e) Members of the fire board shall serve until the
950	members who are elected in the general election after the
951	district's creation date take their oaths of office.
952	(3)(a) Beginning with the first general election held
953	after the district's creation date, the fire board shall be
954	comprised of at least five members, with a member elected from
955	each of the SDAs that have been previously created, excluding
956	any ex officio SDA. If there are fewer than five SDAs at the
957	time of the district's first general election and until there
958	are five SDAs within the boundaries of the district, the fire
959	board shall be comprised of five members pursuant to section
960	191.005, Florida Statutes, with each SDA having a representative
961	on the fire board and the remainder of the members, if
962	applicable, being elected at large within the jurisdictional
963	boundaries of the district. An at-large member represents the
964	entire district.
965	(b) The fire board shall be elected pursuant to chapter
966	191, Florida Statutes, by the electors of the district in a
967	nonpartisan election held at the time and in the manner
968	prescribed for holding general elections in section
969	189.405(2)(a), Florida Statutes.
970	(c) Each SDA, excluding ex officio SDAs, shall be
971	represented on the fire board by a member who is a resident of
972	the SDA and who has been elected by the electors of the SDA. Any
973	at-large member on the fire board shall be a resident of the
974	district and shall be elected by the electors of the district.
975	Each ex officio SDA shall have a nonvoting member ("ex officio
976	member") on the fire board who is a resident of the ex officio
977	SDA and is appointed by the local government that the district
978	is providing service for pursuant to an interlocal agreement.
979	(d) The office of each board member, excluding board
980	members representing ex officio SDAs, is designated as a seat on
981	the fire board, distinguished from each other seat by a numeral,
982	and shall represent the associated SDA or at-large seat. Each
983	candidate must designate, at the time he or she qualifies, the
984	seat on the fire board for which he or she is a candidate: 1, 2,
985	3, 4, or 5. The candidate for each seat who receives the most
986	votes shall be elected to the fire board.
987	(e) Commissioners shall serve for terms of 4 years each,
988	subject to the provisions of chapter 191, Florida Statutes, and
989	shall not be subject to term limits. For the commissioners
990	elected in the next general election after the district's
991	creation date, the members elected for the odd-numbered seats
992	shall serve for 4-year terms each and the members elected for
993	the even-numbered seats shall serve for 2-year terms each.
994	(f) If a commissioner ceases to reside in the SDA from
995	which he or she was elected or within the district if an at-
996	large seat, the office shall be declared vacant, the
997	commissioner shall be disqualified from further service, and the
998	remaining commissioners shall appoint a qualified person from
999	the SDA associated with the vacant seat.
1000	(g) Each commissioner shall hold office until his or her
1001	successor is qualified and elected or, in the case of a
1002	commissioner representing an ex officio SDA, his or her
1003	successor is appointed, unless that commissioner ceases to be
1004	qualified, dies, resigns, or is removed from office.
1005	(h) All candidates must qualify for election in accordance
1006	with chapters 189 and 191, Florida Statutes. In the event a
1007	candidate seeks to qualify for election by obtaining signatures
1008	in accordance with section 191.005, Florida Statutes, the
1009	qualified signatures shall be signatures of electors within the
1010	SDA for which the candidate seeks election, or if a candidate
1011	seeks to qualify for election for an at-large seat by obtaining
1012	signatures, such signatures shall be signatures of electors
1013	within the district.
1014	(i) Any additional expenses of holding elections for
1015	commissioners at the regular county elections shall be paid out
1016	of the funds of the district if required by the proper
1017	authority.
1018	(j) A quorum of the fire board shall be a majority of its
1019	members, excluding ex officio members. In order to take official
1020	action, an affirmative vote of a majority of those members
1021	present shall be required.
1022	(k) Each elected member shall assume office 10 days after
1023	the member's election or appointment. Within 60 days after a
1024	general election, the fire board shall organize by electing from
1025	its members, excluding ex officio members, a chair, a vice
1026	chair, a secretary, and a treasurer. The positions of secretary
1027	and treasurer may be held by one member.
1028	(4) Any independent special fire control and rescue
1029	district electing to merge with the district after the general
1030	election following the district's creation date shall appoint
1031	three members of its governing board to serve on the fire board
1032	15 days after approval by a majority vote of those qualified
1033	electors of the independent special fire control and rescue
1034	district voting in a referendum regarding the merger of such
1035	district with the district. At the next general election after
1036	the independent special fire control and rescue district's
1037	merger with the district, the three governing board members
1038	appointed pursuant to this subsection shall no longer be members
1039	of the fire board. The seat associated with the lowest numeric
1040	at-large seat that is elected at this general election shall be
1041	associated solely with the SDA associated with the electing
1042	independent special fire control and rescue district and shall
1043	no longer be an at-large seat. If the resulting appointment
1044	results in the fire board consisting of an even number of
1045	members, the chair of the board shall only vote in the event of
1046	a tie.
1047	(5) If the fire board creates an SDA to represent an area
1048	for which there is an interlocal agreement with a local
1049	government in Collier County for the district to provide
1050	service, also known as an ex officio SDA, the local government
1051	shall appoint one of its governing board members to serve on the
1052	fire board as an ex officio nonvoting member.
1053	(6) The fire board shall operate the district in
1054	accordance with this act and chapters 189 and 191, Florida
1055	Statutes, and with any other applicable general or special law,
1056	except as provided in this act.
1057	(7) Members of the fire board may each be paid a salary or
1058	honorarium to be determined by at least a majority plus one vote of
1059	the board pursuant to chapter 191, Florida Statutes.
1060	(8) Sections 5 and 7 shall be applicable to the Southwest
1061	Florida Fire Control and Rescue District.
1062	Section 20. Transfer of powers.-In accordance with section
1063	4, Article VIII, of the State Constitution, by law or by
1064	resolution of both the governing bodies of the affected local
1065	government and the district, a county, municipality, or
1066	independent special fire control and rescue district may
1067	transfer its fire protection and rescue services to the
1068	district. The district may not levy ad valorem taxes upon the
1069	transferred properties until such time as an ad valorem millage
1070	rate is approved by the electors of the area. However, the
1071	district shall be able to charge non-ad valorem assessments and
1072	all other fees immediately upon the properties after the
1073	transfer. Until the electors of the transferred properties
1074	approve the district's millage rate, the local government that
1075	transferred its powers to the district shall pay the district,
1076	by January 1 of each year, an amount equal to the ad valorem
1077	taxes that the district would have collected had the district
1078	been able to levy and collect its ad valorem taxes on the
1079	transferred properties.
1080	Section 21. Referendum on the merger with PCFCD.-
1081	(1) Upon notification to the Board of County Commissioners
1082	of Collier County and the Supervisor of Elections of Collier
1083	County by at least one independent special fire control and
1084	rescue district of the adoption of a resolution calling for a
1085	referendum on merging with the PCFCD, thus making the district
1086	operational, the Board of County Commissioners of Collier County
1087	shall call and the Supervisor of Elections of Collier County
1088	shall conduct a referendum of the qualified electors of each
1089	notifying independent special fire control and rescue district
1090	on the question of whether the independent special fire control
1091	and rescue district shall merge with the district and shall be
1092	authorized to levy ad valorem taxes and non-ad valorem
1093	assessments at the next regularly scheduled general election
1094	date after notification by at least one independent special fire
1095	control and rescue district. The qualified electors residing
1096	within each independent special fire control and rescue district
1097	that has provided notification to the Supervisor of Elections of
1098	Collier County shall vote on such referendum. Upon approval of a
1099	majority of the qualified electors of the requesting independent
1100	special fire control and rescue district voting in the
1101	referendum, the district shall become operational. If more than
1102	one independent special fire control and rescue district
1103	provides notification to the Supervisor of Elections of Collier
1104	County of the adoption of a resolution calling for a referendum
1105	on the merger with the PCFCD, the district shall become
1106	operational upon approval of a majority of the combined
1107	qualified electors of the independent special fire control and
1108	rescue districts voting in such referendum. The referendum shall
1109	not be a separate vote of each independent special fire control
1110	and rescue district. The election shall be in accordance with
1111	the provisions of law relating to elections currently in force
1112	in Collier County. The cost of the referendum shall be
1113	reimbursed to Collier County by the requesting independent
1114	special fire control and rescue district. If more than one
1115	independent special fire control and rescue district requests
1116	the referendum, each independent special fire control and rescue
1117	district shall reimburse to Collier County its proportioned
1118	share of the cost of the referendum based on the total number of
1119	qualified electors within its boundaries as compared to the
1120	total number of qualified electors of the combined independent
1121	special fire control and rescue districts calling for the
1122	referendum. In this election, the procedures prescribed in
1123	sections 101.6101-101.6107, Florida Statutes, may not be used.
1124	(2) Notwithstanding section 101.161, Florida Statutes, one
1125	of the following referendum questions shall be presented to the
1126	electors if the independent special fire control and rescue
1127	district or districts elect to request approval of the merger:
1128	Option 1:
1129	REFERENDUM ON MERGER WITH THE PANTHER CREEK FIRE CONTROL
1130	AND RESCUE DISTRICT AND ITS AUTHORITY
1131
1132	In an effort to consolidate the independent special fire
1133	control and rescue districts in Collier County, shall your
1134	independent special fire control and rescue district merge
1135	into the Panther Creek Fire Control and Rescue District, an
1136	independent special fire control and rescue district in
1137	Collier County, that may be subsequently renamed, which is
1138	authorized to exercise all powers as set forth in its
1139	charter and chapters 191 and 189, Florida Statutes, and
1140	your district's existing powers, including the authority to
1141	levy an ad valorem millage rate up to [to be inserted by
1142	the Supervisor of Elections of Collier County] mills, non-
1143	ad valorem assessments, and impact fees, resulting in the
1144	Panther Creek Fire Control and Rescue District becoming
1145	your new fire and rescue service provider and the
1146	dissolution of your existing independent fire control and
1147	rescue district upon the effective date of the merger, and
1148	allowing for the future merger of the Panther Creek Fire
1149	Control and Rescue District into the Southwest Florida Fire
1150	Control and Rescue District without further legislative or
1151	voter approval?
1152
1153	Yes
1154	No
1155
1156	Option 2:
1157	REFERENDUM ON MERGER WITH THE PANTHER CREEK FIRE CONTROL
1158	AND RESCUE DISTRICT AND ITS AUTHORITY
1159
1160	In an effort to consolidate the independent special fire
1161	control and rescue districts in Collier County, shall your
1162	independent special fire control and rescue district merge
1163	into the Panther Creek Fire Control and Rescue District, an
1164	independent special fire control and rescue district in
1165	Collier County that will be subsequently renamed, which is
1166	authorized to exercise all powers as set forth in its
1167	charter and chapters 191 and 189, Florida Statutes, and
1168	your district's existing powers, including the authority to
1169	levy an ad valorem millage rate up to 3.75 mills, non-ad
1170	valorem assessments, and impact fees, resulting in the
1171	Panther Creek Fire Control and Rescue District becoming
1172	your new fire and rescue service provider and the
1173	dissolution of your existing independent fire control and
1174	rescue district upon the effective date of the merger?
1175
1176	The Panther Creek Fire Control and Rescue District shall
1177	not charge an ad valorem millage rate higher than [to be
1178	inserted by the Supervisor of Elections of Collier County]
1179	mills for the first 5 fiscal years after it becomes
1180	operational. The district may increase this authorized
1181	millage rate by a total of 0.5 mills every 5 years up to
1182	the maximum 3.75 mills, unless a greater increase in the
1183	millage rate is approved by referendum by the district's
1184	electors.
1185
1186	Yes
1187	No
1188
1189	(3) The maximum ad valorem millage rate provided for in
1190	the referendum in subsection (2) shall be determined and
1191	inserted into the referendum question by the Supervisor of
1192	Elections of Collier County prior to the election. The maximum
1193	ad valorem millage rate included in the referendum shall be
1194	determined as follows:
1195	(a) The final certified taxable property value, as
1196	provided by the Collier County Property Appraiser, for each
1197	independent special fire control and rescue district
1198	participating in the referendum for the most recent fiscal year
1199	shall be multiplied by the maximum millage rate allowable by
1200	each independent special fire control and rescue district
1201	participating in the referendum.
1202	(b) The resulting revenue amount from each independent
1203	special fire control and rescue district participating in the
1204	referendum shall then be added together to arrive at a total
1205	revenue amount for the PCFCD.
1206	(c) This combined revenue amount shall then be divided by
1207	the combined taxable property value of each independent special
1208	fire control and rescue district participating in the referendum
1209	to arrive at the millage rate necessary to generate that amount
1210	of revenue.
1211	(d) This millage rate shall then be adjusted by the growth
1212	in per capita Florida personal income as provided by the
1213	Department of Revenue on the Maximum Millage Levy Calculation
1214	Preliminary Disclosure Form (Form DR-420MM-P) to arrive at an
1215	adjusted millage rate, and this adjusted millage rate shall then
1216	be multiplied by 1.10 as provided in general law to arrive at
1217	the maximum starting millage rate for the PCFCD, which shall be
1218	included in the referendum question. The Supervisor of Elections
1219	of Collier County shall also present the referendum question
1220	that has been selected to be presented pursuant to this act.
1221	Section 22. Referendum on the merger with the PCFCD after
1222	its operational date.-
1223	(1) Upon notification to the Board of County Commissioners
1224	of Collier County and the Supervisor of Elections of Collier
1225	County by an independent special fire control and rescue
1226	district of its adoption of a resolution calling for a
1227	referendum on merging with the PCFCD, the Board of County
1228	Commissioners of Collier County shall call and the Supervisor of
1229	Elections of Collier County shall conduct a referendum of the
1230	qualified electors of the notifying independent special fire
1231	control and rescue district on the question of whether the
1232	independent special fire control and rescue district shall merge
1233	with the district and shall be authorized to levy ad valorem
1234	taxes and non-ad valorem assessments at the next regularly
1235	scheduled general election date after notification or at a
1236	special election as requested by the independent special fire
1237	control and rescue district. The qualified electors residing
1238	within the independent special fire control and rescue district
1239	that has provided notification to the Supervisor of Elections of
1240	Collier County shall vote on such referendum. Upon approval by a
1241	majority of the qualified electors of the requesting independent
1242	special fire control and rescue district voting in the
1243	referendum, the district shall merge pursuant to this act. The
1244	election shall be in accordance with the provisions of law
1245	relating to the elections currently in force in Collier County.
1246	The cost of the referendum shall be reimbursed to Collier County
1247	by the requesting independent special fire control and rescue
1248	district. In this election, the procedures prescribed in
1249	sections 101.6101-101.6107, Florida Statutes, may not be used.
1250	There shall be no referendum of the qualified electors of the
1251	PCFCD regarding whether the independent special fire control and
1252	rescue district shall be allowed to merge with the PCFCD.
1253	(2) Notwithstanding section 101.161, Florida Statutes, the
1254	following referendum question shall be presented to the electors
1255	of the independent special fire control and rescue district if
1256	the district elects to request approval of the merger with the
1257	PCFCD and the merger will occur after PCFCD's operational date:
1258
1259	REFERENDUM ON MERGER WITH THE PANTHER CREEK FIRE CONTROL
1260	AND RESCUE DISTRICT AND ITS AUTHORITY
1261
1262	In an effort to consolidate the independent special
1263	fire control and rescue districts in Collier County,
1264	shall your independent special fire control and rescue
1265	district merge into the Panther Creek Fire Control and
1266	Rescue District, an independent special fire control
1267	and rescue district in Collier County, as may be
1268	subsequently renamed, which is authorized to exercise
1269	all powers as set forth in its charter and chapters
1270	191 and 189, Florida Statutes, and your district's
1271	existing powers, including the authority to levy an ad
1272	valorem millage rate up to [to be inserted by the
1273	Supervisor of Elections of Collier County] mills, non-
1274	ad valorem assessments, and impact fees, resulting in
1275	the Panther Creek Fire Control and Rescue District
1276	becoming your new fire and rescue service provider and
1277	the dissolution of your existing independent fire
1278	control and rescue district upon the effective date of
1279	the merger, and allowing for the future merger of the
1280	Panther Creek Fire Control and Rescue District into
1281	the Southwest Florida Fire Control and Rescue District
1282	without further legislative or voter approval?
1283
1284	Yes
1285	No
1286
1287	(3) The maximum ad valorem millage rate provided for in
1288	the referendum in subsection (2) shall be determined and
1289	inserted into such language by the Supervisor of Elections of
1290	Collier County prior to the election. The maximum ad valorem
1291	millage rate included in the referendum shall be either the ad
1292	valorem millage rate that is currently levied by PCFCD or the
1293	maximum ad valorem millage rate that has been previously
1294	approved by referendum, whichever is higher.
1295	Section 23. This act shall take effect on the same date
1296	that HB 807 or similar legislation takes effect, if such
1297	legislation is adopted in the same legislative session or an
1298	extension thereof and becomes law.

CODING: Words stricken are deletions; words underlined are additions.