Bill Text: FL H0973 | 2011 | Regular Session | Introduced

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Bill Title: Southwest Florida Fire District/Collier County

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0973 Detail]

Download: Florida-2011-H0973-Introduced.html

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HB 973

1	A bill to be entitled
2	An act relating to the Southwest Florida 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 transfer of powers; providing for a
16	referendum on merger of districts; providing an effective
17	date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Legislative findings.-Collier County is
22	comprised of 2,032 square miles with three municipalities and a
23	large unincorporated area within the developed portion of the
24	county. In addition to county and municipal governments, there
25	are five independent special fire control and rescue districts
26	that provide fire and rescue services to unincorporated areas in
27	Collier County: the Big Corkscrew Independent Special Fire
28	Control and Rescue District, the East Naples Fire Control and
29	Rescue District, the Golden Gate Fire Control and Rescue
30	District, the Immokalee Fire Control and Rescue District, and
31	the North Naples Fire Control and Rescue District. As a result
32	of having five independent special fire control and rescue
33	districts providing similar services and the decreasing revenues
34	and increasing costs of providing such services, the Legislature
35	intends to create a voluntary process allowing the existing
36	independent special fire control and rescue districts in Collier
37	County to merge their existing operations into a newly created
38	independent special fire control and rescue district known as
39	the Southwest Florida Fire Control and Rescue District. The
40	Legislature recognizes that although general law allows for the
41	merger of independent special fire control and rescue districts,
42	it is silent as to the process that must be followed. It is the
43	intent of the Legislature that the Southwest Florida Fire
44	Control and Rescue District not become operational until an
45	existing independent special fire control and rescue district
46	elects to merge into it and such merger is approved by
47	referendum of the residents of the electing independent special
48	fire control and rescue district. This new consolidated
49	independent special fire control district may provide the future
50	opportunity for the provision of fire and rescue services at the
51	highest level of services in Collier County with uniform
52	countywide standards as this act allows for the future transfer
53	of areas currently served by municipal service taxing units or
54	municipalities into the district. The special district created
55	pursuant to this act is a separate governmental entity
56	independent of Collier County, any municipality in Collier
57	County, or any other independent special fire control and rescue
58	district in Collier County.
59	Section 2.  Creation; survival; operations.-
60	(1)  Pursuant to chapters 189 and 191, Florida Statutes,
61	there is created the Southwest Florida Fire Control and Rescue
62	District, an independent special fire control and rescue
63	district and body corporate and politic located in Collier
64	County, hereinafter referred to as the "district" or the
65	"SWFFCD." Although the district is created by this act, the
66	district will only become operational pursuant to subsection
67	(4).
68	(2)  All current legislative authority granted to any
69	independent special fire control and rescue district or
70	districts electing to merge with the SWFFCD shall survive the
71	merger with the district and shall be powers of the district,
72	including the ability to levy an ad valorem millage rate as
73	authorized by the Legislature and previously approved by
74	referendum of the residents of the electing independent special
75	fire control and rescue district or districts.
76	(3)  An independent special fire control and rescue
77	district electing to merge with the SWFFCD shall adopt a
78	resolution stating its desire to merge with the SWFFCD resulting
79	in the SWFFCD providing service to its qualified electors if
80	approved by the residents of the independent special fire
81	control and rescue district that adopted the resolution. An
82	independent special fire control and rescue district that makes
83	such election prior to the district becoming operational
84	pursuant to subsection (4) shall include within its resolution
85	the referendum question that is to be presented as provided in
86	section 20. If more than one independent special fire control
87	and rescue district elects to merge with the SWFFCD prior to its
88	becoming operational but disagree as to which referendum
89	question to present, then option 3 in section 20 shall be the
90	referendum question presented to the electors.
91	(4)  The SWFFCD shall not become operational ("operational
92	date") until 14 days after the approval by at least a majority
93	vote of those qualified electors of the independent special fire
94	control and rescue district, or if more than one independent
95	special fire control and rescue district is voting in the
96	referendum, 14 days after the approval by at least a majority
97	vote of those qualified electors of one of the independent
98	special fire control and rescue districts, participating in the
99	referendum conducted by the Supervisor of Elections of Collier
100	County. Only an independent special fire control and rescue
101	district whose residents have approved the merger by at least a
102	majority vote of its qualified electors shall merge into the
103	district.
104	(5)  If the SWFFCD's operational date will be less than 5
105	months prior to a general election, the resolutions of all
106	independent special fire control and rescue districts that elect
107	to merge with the SWFFCD must be adopted no later than 75 days
108	prior to the general election.
109	(6)  After the SWFFCD's operational date, the district
110	shall notify the Department of State and the Department of
111	Community Affairs of the district's operational date within 30
112	days after its initial organization meeting.
113	Section 3.  Purpose.-The purpose of this act is to promote
114	the health, welfare, and safety of the citizens and residents of
115	Collier County by providing for firefighting and rescue
116	services, and emergency medical services, if authorized pursuant
117	to chapters 191 and 401, Florida Statutes. The district shall
118	have all powers necessary to carry out the purposes of the
119	district as otherwise provided by this act, including, but not
120	limited to, the power to adopt all necessary measures, rules,
121	regulations, and policies relating to such purposes. Nothing in
122	this act shall prevent the district from cooperating with the
123	state or other local governments to render such services as from
124	time to time may be deemed desirable.
125	Section 4.  Boundaries; service provider.-
126	(1)  The lands within the district shall be limited to
127	those areas in Collier County where an independent special fire
128	control and rescue district merges with the district as provided
129	in section 2. The district shall be the service provider upon
130	the effective date of the merger.
131	(2)  The district's boundaries shall also include those
132	properties in which the county or a municipality transfers its
133	powers to provide fire protection and rescue services to such
134	properties by the district in accordance with this act. The
135	district shall be the service provider to such properties upon
136	the effective date of the transfer. The district may not levy ad
137	valorem taxes upon the transferred properties until such time as
138	an ad valorem millage rate is approved by the qualified electors
139	of the transferred area. However, the district may charge all
140	other fees that it is authorized to impose and collect
141	immediately upon the properties after the transfer. Until the
142	electors of the transferred properties approve the district's
143	millage rate, the local government that transferred its powers
144	to the district shall pay the district, by January 1 of each
145	year, an amount equal to the ad valorem taxes that the district
146	would have collected had the district been able to levy, assess,
147	and collect its ad valorem millage rates on the transferred
148	properties.
149	(3)  The district shall also be the service provider for
150	those areas in which an interlocal agreement has been entered
151	into with another local government for the provision of service
152	by the district and those areas that have been annexed pursuant
153	to chapter 171, Florida Statutes, in which the independent
154	special fire control and rescue district is currently providing
155	services pursuant to section 171.093 or part II of chapter 171,
156	Florida Statutes.
157	(4)  The district shall submit, at its own expense, local
158	legislation that provides the specific boundaries of the
159	district as soon as practicable after the district's operational
160	date and each subsequent time that either an independent special
161	fire control and rescue district merges into the district or
162	another local government transfers its powers to the district to
163	provide services.
164	Section 5.  Service delivery areas.-A service delivery
165	area, hereinafter referred to as an "SDA," shall be created that
166	corresponds with the boundaries of each independent special fire
167	control and rescue district that merges with the district upon
168	providing a copy of its resolution and referendum approval
169	results to the SWFFCD. The boundaries of the merging independent
170	special fire control and rescue district shall be those
171	boundaries at the time of the resolution's adoption. Any
172	independent special fire control and rescue district that
173	elected to merge with the district prior to the district's
174	operational date shall have a corresponding SDA automatically
175	created upon the district's operational date. An SDA shall be
176	created to include those properties for which the county or a
177	municipality transfers to the district its powers to provide
178	fire protection and rescue services in accordance with this act.
179	The district may create an SDA for those areas for which an
180	interlocal agreement has been entered into with another local
181	government within Collier County that provides for district
182	services but is not a complete transfer of powers to the
183	district ("ex officio SDA").
184	Section 6.  Governing body.-
185	(1)  In accordance with chapter 191, Florida Statutes, the
186	district shall be governed by the fire board, whose members
187	shall also be known as commissioners.
188	(2)(a)  From the district's operational date until the next
189	general election, the fire board shall be comprised of elected
190	officials from any independent special fire control and rescue
191	district that elects to merge with the district.
192	(b)  The fire board shall be composed as follows:
193	1.  If only one independent special fire control and rescue
194	district merges with the district prior to the district's
195	operational date, the business and affairs of the district shall
196	be conducted and administered by a fire board that consists of
197	the electing independent special fire control and rescue
198	district's governing body, who shall serve until the next
199	general election. The fire board shall meet and organize the
200	district within 45 days after the district's operational date.
201	2.  If more than one independent special fire control and
202	rescue district elects to merge with the district prior to the
203	district's operational date, each electing independent special
204	fire control and rescue district shall appoint three of its
205	governing body members to serve on the fire board. Appointment
206	by each of the independent special fire control and rescue
207	districts merging with the district shall occur within 15 days
208	after the district's operational date. The newly appointed fire
209	board shall meet and organize the district within 45 days after
210	the district's operational date. The independent special fire
211	control and rescue district that first adopts a resolution
212	electing to merge with the district shall be responsible for
213	organizing the district's initial meeting of the fire board.
214	3.  After the operational date and until the next general
215	election after such date, an independent special fire control
216	and rescue district that merges with the district shall appoint
217	three of its governing body members to the fire board and
218	provide written notification to the district of its election and
219	appointment of members within 15 days following the receipt of
220	approval by its residents at referendum.
221	4.  If there is an even number of board members as a result
222	of subparagraph 2. or subparagraph 3., the chair of the fire
223	board may only vote in the event of a tie vote of the fire
224	board.
225	5.  A quorum of the fire board shall be a majority of its
226	members, excluding ex officio members, except that should the
227	membership of the fire board reach 12 members, a quorum may be
228	set by resolution of the fire board provided that in no instance
229	may the resolution set the quorum at fewer than seven members.
230	In order to take official action, an affirmative vote of a
231	majority of those members present shall be required.
232	6.  During the organizational meeting provided for under
233	subparagraph 2., the fire board shall organize by electing from
234	its members a chair, a vice chair, a secretary, and a treasurer
235	to serve for the duration of their terms.
236	7.  If the fire board creates an SDA to represent an area
237	in which there is an interlocal agreement with a local
238	government in Collier County for the district to provide
239	service, also known as an ex officio SDA, the local government
240	shall appoint one of its governing body members to serve on the
241	fire board as an ex officio, nonvoting member.
242	8.  If a transfer of powers by the county or a municipality
243	occurs in accordance with this act resulting in revision of the
244	district's boundaries to include the associated properties, the
245	local government shall appoint one of its governing body members
246	to serve on the fire board as a voting member. Each local
247	government shall only have one member on the fire board.
248	9.  Members of the fire board, excluding ex officio
249	members, shall serve until the members that are elected in the
250	next general election after the operational date take their
251	oaths of office.
252	(c)  The fire board shall operate the district in
253	accordance with this act, chapters 189 and 191, Florida
254	Statutes, and any other applicable general or special law,
255	except as provided in this act.
256	(d)  Members of the fire board may each be paid a salary or
257	honorarium to be determined by at least a majority plus one vote
258	of the board pursuant to chapter 191, Florida Statutes.
259	(3)(a)  Beginning with the next general election after the
260	district's operational date, the fire board shall be comprised
261	of at least five members, with a member elected from each of the
262	SDAs created pursuant to section 5, excluding any ex officio
263	SDA. If there are fewer than five SDAs at the time of the
264	election and until there are at least five SDAs within the
265	boundaries of the district, the fire board shall be comprised of
266	five members pursuant to section 191.005, Florida Statutes,
267	elected as follows: if there is only one SDA, there shall be
268	five at-large seats; if there are two SDAs, there shall be two
269	members elected from each SDA and one member elected at large
270	within the boundaries of the district; if there are three SDAs,
271	there shall be a member elected from each SDA and two members
272	elected at large within the boundaries of the district; and if
273	there are four SDAs, there shall be a member elected from each
274	SDA and one member elected at large within the boundaries of the
275	district. An at-large member represents the entire district.
276	(b)  The fire board shall be elected pursuant to chapter
277	191, Florida Statutes, by the electors of the district in a
278	nonpartisan election held at the time and in the manner
279	prescribed for holding general elections in section
280	189.405(2)(a), Florida Statutes.
281	(c)  Each SDA, excluding ex officio SDAs, shall be
282	represented on the fire board by a member who is a resident of
283	the SDA and who has been elected by the electors of the SDA. Any
284	at-large member on the fire board shall be a resident of the
285	district and shall be elected by the electors of the district.
286	Each ex officio SDA's officio member must be a resident of the
287	ex officio SDA and appointed by the local government that the
288	district is providing service for pursuant to an interlocal
289	agreement.
290	(d)  The office of each fire board member, excluding ex
291	officio members, is designated as a seat on the fire board,
292	distinguished from each other seat by a numeral, and shall
293	represent the associated SDA or at-large seat. Each candidate
294	must designate, at the time he or she qualifies, the seat on the
295	fire board for which he or she is a candidate: 1, 2, 3, 4, or 5,
296	up to the total number of seats on the fire board. The candidate
297	for each seat who receives the most votes shall be elected to
298	the fire board.
299	(e)  Members of the fire board, including ex officio
300	members, shall serve for terms of 4 years each, subject to
301	chapter 191, Florida Statutes, and shall not be subject to term
302	limits. For the members elected in the next general election
303	after the district's operational date, the members elected for
304	the odd-numbered seats shall serve for 4-year terms each and the
305	members elected for the even-numbered seats shall serve for 2-
306	year terms each.
307	(f)  If a fire board member ceases to reside in the SDA
308	from which he or she was elected or within the district if an
309	at-large seat, the office shall be declared vacant, the member
310	shall be disqualified from further service, and the remaining
311	members shall appoint a qualified person from the SDA associated
312	with the vacant seat.
313	(g)  Each fire board member shall hold office until his or
314	her successor is qualified and elected or, in the case of a
315	member representing an ex officio SDA, his or her successor is
316	appointed, unless that member ceases to be qualified, dies,
317	resigns, or is removed from office.
318	(h)  All candidates must qualify for election in accordance
319	with chapters 189 and 191, Florida Statutes. In the event a
320	candidate seeks to qualify for election by obtaining signatures,
321	the qualified signatures shall be signatures of electors within
322	the SDA for which the candidate seeks election, or if a
323	candidate seeks to qualify for election for an at-large seat by
324	obtaining signatures, such signatures shall be signatures of
325	electors within the district.
326	(i)  Any additional expenses of holding elections for
327	commissioners at the regular county elections shall be paid out
328	of the funds of the district if required by the proper
329	authority.
330	(j)  A quorum of the fire board shall be a majority of its
331	members, excluding ex officio members. In order to take official
332	action, an affirmative vote of a majority of those voting
333	members present shall be required. If the fire board consists of
334	an even number of members, the chair of the fire board shall
335	only vote in the event of a tie.
336	(k)  Each elected member shall assume office 10 days after
337	the member's election or appointment. Within 60 days after a
338	general election, the fire board shall organize by electing from
339	its members, excluding ex officio members, a chair, a vice
340	chair, a secretary, and a treasurer. The positions of secretary
341	and treasurer may be held by one member.
342	(4)  Any independent special fire control and rescue
343	district merging with the district following the general
344	election after the district's operational date shall appoint
345	three members of its governing body to serve on the fire board
346	and provide written notification to the district of its
347	appointments 15 days after such approval. At the next general
348	election after the independent special fire control and rescue
349	district's merger with the district, the three governing body
350	members appointed pursuant to this subsection shall no longer be
351	members of the fire board. The seat associated with the lowest
352	numeric at-large seat that is elected at this general election
353	shall be associated solely with the SDA associated with the
354	electing independent special fire control and rescue district
355	and shall no longer be an at-large seat. If there are already
356	more than five SDAs within the district resulting in no at-large
357	seats on the fire board, then a new seat number shall be
358	designated.
359	(5)  If a transfer of powers by the county or a
360	municipality occurs in accordance with this act resulting in
361	revision of the district's boundaries to include the associated
362	properties and the subsequent creation of a SDA, the local
363	government shall appoint one of its governing body members to
364	serve on the fire board as a voting member, who shall serve in
365	accordance with the terms of this act. Each local government
366	shall only have one appointed member on the fire board. At the
367	next general election after the transfer to the district, the
368	one member appointed pursuant to this subsection shall no longer
369	be a member of the fire board. The seat associated with the
370	lowest numeric at-large seat that is elected at this general
371	election shall be associated solely with the SDA associated with
372	the transferred area and shall no longer be an at-large seat. If
373	there are already more than five SDAs within the district
374	resulting in no at-large seats on the fire board, then a new
375	seat number shall be designated.
376	(6)  If the fire board creates an SDA to represent an area
377	for which there is an interlocal agreement with a local
378	government in Collier County for the district to provide
379	service, also known as an ex officio SDA, the local government
380	shall appoint one of its governing body members to serve on the
381	fire board as an ex officio, nonvoting member.
382	(7)  The fire board shall operate the district in
383	accordance with this act, chapters 189 and 191, Florida
384	Statutes, and any other applicable general or special law,
385	except as provided in this act.
386	(8)  Members of the fire board may each be paid a salary or
387	honorarium to be determined by at least a majority plus one vote
388	of the fire board pursuant to chapter 191, Florida Statutes.
389	Section 7.  Powers of the district.-
390	(1)  The fire board shall have the power to create SDAs
391	pursuant to section 5.
392	(2)  The district shall have all powers and duties granted
393	by this act and chapters 189 and 191, Florida Statutes, as may
394	be amended from time to time.
395	(3)  The district shall create a 5-year plan for the
396	provision of fire and rescue services within its boundaries.
397	(4)  The district is authorized to adopt and amend policies
398	and regulations for the administration of the affairs of the
399	district under the terms of this act and chapters 189 and 191,
400	Florida Statutes, which authority shall include, but is not
401	limited to, the authority to adopt policies and regulations
402	necessary for the administration and supervision of the property
403	and personnel of the district and necessary to conduct district
404	business within the district. Such commissioners shall have the
405	lawful power and authority necessary to implement the purposes
406	for which the district is created, which power and authority
407	shall include, but are not limited to, the power to purchase all
408	equipment necessary to carry out the purposes of the district;
409	to purchase all necessary real and personal property; to
410	purchase and carry standard insurance policies on such property
411	and equipment; to employ personnel, including firefighters and
412	paramedics, as may be necessary to carry out the purposes of the
413	district; to provide for insurance for such employees and fire
414	board members; to buy, lease, sell, exchange, or otherwise
415	acquire or receive as a gift and dispose of any and all
416	equipment and other real, personal, tangible or intangible, or
417	mixed property that it may from time to time deem necessary to
418	carry out the purposes of the district; to provide water, water
419	supply, water stations, and other necessary buildings; to accept
420	gifts or donations of equipment or money for the use of the
421	district; and to do all things necessary to carry out the
422	purposes of the district.
423	(5)  The district is authorized to enter into interlocal
424	agreements for any purpose pursuant to part I of chapter 163,
425	Florida Statutes, including the provision of services outside of
426	the district. The district is authorized to enter into
427	interlocal agreements regarding the collection of any revenues
428	and to pay administrative charges by the collection entity.
429	(6)  The district is authorized to enter into contracts
430	with private entities in order to carry out the purposes of the
431	district.
432	(7)  The district may establish and maintain emergency
433	medical and rescue response services within the district
434	consistent with section 191.008(1), Florida Statutes, and
435	chapter 401, Florida Statutes, as may be amended from time to
436	time. In accordance with chapter 401, Florida Statutes, and
437	Collier County COPCN Ordinance No. 2004-12, as amended by
438	Ordinance No. 2005-16 and as it may be further amended, the
439	newly created Southwest Florida Fire Control and Rescue District
440	shall be required to return to the Collier County Board of
441	County Commissioners for review and issuance annually of a
442	certificate of public convenience and necessity (COPCN).
443	(8)  In addition to any other power to borrow money as may
444	be provided by this act or by general law, the district has the
445	authority to borrow money or issue other evidences of
446	indebtedness for the purposes of the district in accordance with
447	chapters 189 and 191, Florida Statutes, as may be amended from
448	time to time.
449	(9)  The district shall have authority to inspect and
450	investigate all property for fire hazards as authorized by law.
451	The fire board, by resolution duly adopted, may assess fees for
452	fire inspection and maintenance and replacement of hydrants in
453	an amount reasonably related to the cost thereof and may adopt
454	provisions creating a lien or providing for civil enforcement of
455	such assessments.
456	(10)(a)  The district is authorized to promulgate and enact
457	fire prevention ordinances, rules, and regulations for the
458	prevention of fire and for fire control in the district in the
459	same manner provided in general law for the adoption of policies
460	and regulations. When the provisions of such fire prevention
461	ordinances are determined by the fire board to be violated, the
462	office of the state attorney, upon written notice of such
463	violation issued by the fire board, is authorized to prosecute
464	such person or persons held to be in violation thereof. Any
465	person found guilty of a violation may be punished as provided
466	in chapter 775, Florida Statutes, as a misdemeanor of the second
467	degree. The cost of such prosecution shall be paid out of
468	district funds unless otherwise provided by law. The district
469	has the authority to enforce fire safety code violations and
470	enact resolutions relating to such enforcement pursuant to
471	section 633.052(2), Florida Statutes, as may be amended from
472	time to time, as well as to adopt local amendments to the
473	Florida Fire Prevention Code pursuant to section 633.0215(10),
474	Florida Statutes, as may be amended from time to time.
475	(b)  The fire board shall have the power to appoint a fire
476	marshal, who shall be a person experienced in all types of
477	firefighting and fire prevention and who shall work with and
478	cooperate with the State Fire Marshal in the prevention of fires
479	of all types. The district fire marshal shall be authorized to
480	enter, at all reasonable hours, any building or premises for the
481	purpose of making any inspection or investigation that the State
482	Fire Marshal is authorized to make pursuant to state law and
483	regulation. The owner, lessee, manager, or operator of any
484	building or premises shall permit the district fire marshal to
485	enter and inspect the building or premises at all reasonable
486	hours. The district fire marshal shall report any violations of
487	state fire safety laws or regulations to the appropriate
488	officials. Each of the electing independent special fire control
489	and rescue district's existing obligations arising from the
490	interlocal agreement regarding the creation and operation of the
491	Collier County Fire Code Officials Office shall be transferred
492	to the district.
493	Section 8.  Finances.-
494	(1)  The powers, functions, and duties of the district
495	regarding ad valorem taxation, bond issuance, other revenue-
496	raising capabilities, budget preparation and approval, liens and
497	foreclosure of liens, use of tax deeds and tax certificates as
498	appropriate for non-ad valorem assessments, and contractual
499	agreements and the methods for financing the district and for
500	collecting non-ad valorem assessments, fees, or service charges
501	shall be as set forth in this act, in chapters 170, 189, 191,
502	219, and 197, Florida Statutes, as may be amended from time to
503	time, and in any applicable general or special law.
504	(2)(a)  The district shall levy and collect ad valorem
505	taxes in accordance with section 191.009 and chapter 200,
506	Florida Statutes, as may be amended from time to time. The taxes
507	levied and assessed by the district shall be a lien upon the
508	land so assessed along with the county taxes assessed against
509	such land until such assessments and taxes have been paid, and
510	if the taxes levied by the district become delinquent, such
511	taxes shall be considered a part of the county tax subject to
512	the same penalties, charges, fees, and remedies for enforcement
513	and collection and shall be enforced and collected as provided
514	by general law for the collection of such taxes. The district
515	shall have the authority to levy a millage rate up to the amount
516	that was approved by referendum as required by the Florida
517	Constitution and chapter 191, Florida Statutes, within the
518	boundaries of each of the independent special fire control and
519	rescue districts that have merged with the district. Nothing in
520	this act shall prevent the district from levying a millage rate
521	as provided for in section 191.009, Florida Statutes, or a
522	millage rate that has been approved by referendum.
523	(b)  The district may not, solely by reason of a merger
524	with an independent special fire control and rescue district,
525	increase ad valorem taxes on property within the original limits
526	of the merging independent special fire control and rescue
527	district beyond the maximum ad valorem rate approved by the
528	electors of the merging independent special fire control and
529	rescue district by referendum. For each independent special fire
530	control and rescue district merging with the district, the
531	district may levy an ad valorem millage within the associated
532	SDA up to the millage rate that was previously approved by the
533	electors of that independent special fire control and rescue
534	district or the ad valorem millage rate approved by the
535	independent special fire control and rescue district's electors
536	at the time they approved the independent special fire control
537	and rescue district's merger with the SWFFCD unless a higher
538	rate is subsequently approved pursuant to chapter 191, Florida
539	Statutes. If the independent special fire control and rescue
540	district's referendum-approved ad valorem millage rate is lower
541	than the district's ad valorem millage rate that was approved,
542	the district may only charge an ad valorem millage rate within
543	the SDA that does not exceed the referendum-approved ad valorem
544	millage rate within such area until such time as an increased
545	millage rate is approved by the electors of the corresponding
546	SDA. The intent of this paragraph is to preserve and transfer to
547	the district all authority to levy ad valorem taxes upon the
548	property within the SDA up to the millage rate that was
549	previously approved by referendum of the electing independent
550	special fire control and rescue district.
551	(3)  The fire board shall annually, during the month of
552	June, make an itemized estimate of the amount of money required
553	to carry out the provisions of this act for the next fiscal year
554	of the fire board, which fiscal year shall be from October 1 to
555	and including the next succeeding September 30. The estimate
556	shall state the purpose for which the money is required and the
557	amount necessary to be raised by taxation within the district.
558	Such budget and proposed millage rate shall be noticed, heard,
559	and adopted in accordance with chapters 192 through 200, Florida
560	Statutes, as may be amended from time to time.
561	(4)  The methods for assessing and collecting non-ad
562	valorem assessments, fees, or service charges shall be as set
563	forth in this act, chapter 170, chapter 189, chapter 191, or
564	chapter 197, Florida Statutes, as may be amended from time to
565	time.
566	(5)  The district's planning requirements shall be as set
567	forth in this act and chapters 189 and 191, Florida Statutes, as
568	may be amended from time to time.
569	(6)  Requirements for financial disclosure, meeting
570	notices, reporting, public records maintenance, and per diem
571	expenses for officers and employees shall be as set forth in
572	this act and chapters 112, 119, 189, 191, and 286, Florida
573	Statutes, as may be amended from time to time.
574	Section 9.  Authority to borrow money.-The district shall
575	have the power to issue general obligation bonds, assessment
576	bonds, bond anticipation notes, notes, or certificates or other
577	evidences of indebtedness, hereinafter referred to as "bonds,"
578	pledging the full faith, credit, and taxing power of the
579	district consistent with the purposes of the district in
580	accordance with the requirements of section 191.012, Florida
581	Statutes, as may be amended from time to time, and other
582	applicable general law.
583	Section 10.  Impact fees.-
584	(1)  The fire board is authorized to assess and collect
585	impact fees for capital improvement on new construction within
586	the district. It is the legislative intent to preserve and
587	transfer all authority to the district to charge impact fees
588	upon new development within the SDA that was previously
589	implemented by the governing body of the electing independent
590	special fire control and rescue district.
591	(2)  No person shall issue or obtain a building permit for
592	new residential dwelling units or new commercial or industrial
593	structures within the district, or issue or obtain construction
594	plan approval for new mobile home developments located within
595	the district, until the developers thereof have paid to the
596	district the applicable impact fees for capital improvements
597	hereinafter set forth. Impact fees for capital improvements to
598	be assessed and collected hereunder shall be pursuant to the
599	Collier County 2005 First/Rescue Services Impact Fee Update
600	Study or subsequent impact fee study pursuant to section
601	191.009(4), Florida Statutes.
602	(3)  The district shall comply with the requirements in
603	section 163.31801 and 191.009(4), Florida Statutes, as may be
604	amended from time to time, in its collection and use of impact
605	fees. New facilities and equipment shall be as provided for in
606	section 191.009(4), Florida Statutes.
607	(4)  The fire board shall determine the maximum amount of
608	impact fees to be assessed in any one fiscal year. This
609	determination shall be made prior to the immediately succeeding
610	fiscal year. The fire board's determination of the amount of the
611	impact fee to be assessed in any one fiscal year shall be based
612	on the requirements set forth in this section.
613	(5)  The district is authorized to enter into agreements
614	regarding the collection of impact fees.
615	Section 11.  Deposit of taxes, assessments, fees; authority
616	to disburse funds.-
617	(1)  The funds of the district shall be deposited in
618	qualified public depositories, in accordance with chapters 191
619	and 280, Florida Statutes.
620	(2)  All warrants for the payment of labor, equipment, and
621	other expenses of the fire board, and in carrying into effect
622	this act and the purposes thereof, shall be payable by the
623	treasurer of the fire board on accounts and vouchers approved
624	and authorized by the fire board.
625	Section 12.  Elections.-
626	(1)  When a referendum or special election is required
627	under this act, the district shall reimburse the county for the
628	costs of such election.
629	(2)  The procedures for conducting any district elections
630	or referendum required and the qualifications of any elector of
631	the district shall be as set forth in chapters 189 and 191,
632	Florida Statutes, as may be amended from time to time, except as
633	provided in this act.
634	Section 13.  Eminent domain.-The district shall have the
635	authority to exercise the power of eminent domain pursuant to
636	chapters 73, 74, and 191, Florida Statutes, as may be amended
637	from time to time, over any property, except municipal, county,
638	state, or federal property, pursuant to section 191.006, Florida
639	Statutes.
640	Section 14.  Annexation.-
641	(1)  Chapter 171, Florida Statutes, as may be amended from
642	time to time, shall apply to all annexations by a municipality
643	within the district's boundaries.
644	(2)  Any moneys owed to an independent special fire control
645	and rescue district pursuant to section 171.093, Florida
646	Statutes, or any interlocal service boundary agreement, as a
647	result of annexation predating the district, shall be paid to
648	the district if such independent special fire control and rescue
649	district elects to be served by the district.
650	Section 15.  Miscellaneous.-
651	(1)  The district's charter may only be amended by special
652	act of the Legislature.
653	(2)  In the event any section or provision of this act is
654	determined to be invalid or unenforceable, such determination
655	shall not affect the validity and enforceability of any other
656	provision of this act.
657	(3)  The district shall exist until the Legislature
658	approves a special act providing for its dissolution, and such
659	special act is contingent upon approval by the electors of the
660	district.
661	(4)  In order to avoid disincentivizing the consolidation
662	of independent special fire control and rescue districts in
663	Collier County, notwithstanding section 212.055(8)(d), Florida
664	Statutes, the required interlocal agreement must include the
665	district as a participating jurisdiction. For purposes of
666	determining the distribution of the surtax proceeds to the
667	participating entities, the district's expenditures of ad
668	valorem taxes and non-ad valorem assessments for fire control
669	and emergency rescue services in each of the immediately
670	preceding 5 fiscal years shall be the combined expenditures for
671	the district and for the merged independent special fire control
672	and rescue districts within a 5-year period.
673	(5)  As soon as practicable after the district's
674	operational date and each subsequent time that an independent
675	special fire control and rescue district merges into the
676	district, the district shall submit, at its own expense, local
677	legislation that provides the specific boundaries of the
678	district and repeals the special acts associated with the
679	merging independent special fire control and rescue district.
680	Section 16.  Immunity from tort liability.-
681	(1)  The district and its officers, agents, and employees
682	shall have the same immunity from tort liability as other
683	agencies and subdivisions of the state. Chapter 768, Florida
684	Statutes, as may be amended from time to time, shall apply to
685	all claims asserted against the district.
686	(2)  The district commissioners and all officers, agents,
687	and employees of the district shall have the same immunity and
688	exemption from personal liability as provided by general law for
689	state, county, and municipal officers.
690	(3)  The district shall defend all claims against its
691	commissioners, officers, agents, and employees that arise within
692	the scope of employment or purposes of the district and shall
693	pay all judgments against such persons, except where such
694	persons acted in bad faith or with malicious purpose or in a
695	manner exhibiting wanton and willful disregard of human rights,
696	safety, or property.
697	Section 17.  Transition to the Southwest Florida Fire
698	Control and Rescue District.-
699	(1)  Notwithstanding section 189.4042(2), Florida Statutes,
700	any independent special fire control and rescue district that
701	adopts a resolution electing to merge with the SWFFCD prior to
702	the district's operational date shall merge with the SWFFCD on
703	September 30 of the calendar year after the majority approval of
704	a referendum pursuant to section 20, and all of the independent
705	special fire control and rescue district's special acts shall
706	expire on the date of such merger. Any independent special fire
707	control and rescue district that adopts a resolution electing to
708	merge with the SWFFCD after the district's operational date
709	shall merge with the SWFFCD on September 30 of the calendar year
710	after the majority approval of a referendum pursuant to section
711	21, and all of the independent special fire control and rescue
712	district's special acts shall expire on the date of such merger.
713	Pursuant to section 189.4045, Florida Statutes, as may be
714	amended from time to time, all assets, indebtedness, and
715	property of the merging independent special fire control and
716	rescue district are transferred to the SWFFCD on September 30 of
717	the calendar year of such merger.
718	(2)  The SWFFCD shall begin providing services to the SDA
719	associated with the independent special fire control and rescue
720	district on October 1 of the calendar year of such merger. Each
721	merging independent special fire control and rescue district
722	must provide a copy of its resolution electing to merge with the
723	SWFFCD to the district within 10 days after the qualified
724	electors of such independent special fire control and rescue
725	district approve the merger with the SWFFCD.
726	Section 18.  Employees; pension plans; funding.-
727	(1)  Nothing shall limit the district's authority to make
728	any and all necessary employment decisions regarding personnel
729	transferred to the district or personnel subsequently hired by
730	the district. For those employees who are members of a
731	bargaining unit certified by the Public Employees Relations
732	Commission, the requirements of chapter 447, Florida Statutes,
733	apply to such district actions.
734	(2)  All employees shall have the right to remain in their
735	current retirement plan, or transfer to another retirement plan
736	in accordance with law, if another retirement plan is adopted by
737	the fire board. However, after the effective date of this act,
738	an employee's employment shall not be considered terminated for
739	retirement purposes until the employee separates from employment
740	from the district. No employee may receive benefits, other than
741	through a deferred retirement option program, from any
742	retirement plan adopted by the independent special fire control
743	and rescue district that merged with the district while actively
744	employed by the district.
745	(3)  For an independent special fire control and rescue
746	district that has a lawfully established firefighters' pension
747	trust fund in accordance with chapter 175, Florida Statutes, at
748	the time it merges with the district, the associated plan shall
749	not be deemed terminated pursuant to section 175.361, Florida
750	Statutes. The existing board of trustees of the firefighters'
751	pension trust fund shall remain for the associated independent
752	special fire control and rescue district pension trust fund even
753	upon the independent special fire control and rescue district's
754	dissolution pursuant to this act and shall operate pursuant to
755	chapter 175, Florida Statutes, within the boundaries of the
756	appropriate SDA. For purposes of section 175.061(1)(a), Florida
757	Statutes, the two members of the board of trustees for a chapter
758	plan that are required to be legal residents of the special fire
759	control and rescue district shall be legal residents of the
760	associated SDA and shall be appointed by the fire board. For
761	purposes of section 175.101, Florida Statutes, the district has
762	the authority to levy a premium tax on the insurance policies
763	within its boundaries. The moneys from such tax receipts
764	attributable to the insurance policies covering such property
765	shall be used for the benefit of the district's firefighters.
766	For purposes of chapter 175, Florida Statutes, the boundaries of
767	the district shall be deemed to include an area that has been
768	annexed, including those annexations that have occurred prior to
769	this act's effective date, until such time as the district is no
770	longer providing services to the annexed property.
771	(4)  Contributions for upgrading the first 2 percent of the
772	member's average monthly compensation shall be pursuant to
773	section 121.0515(5), Florida Statutes. Contributions for
774	upgrading additional special risk credit in excess of 2 percent
775	but not to exceed 3 percent of the member's average monthly
776	compensation shall be an amount representing the actuarial
777	accrued liability for the difference in accrual value during the
778	period of service for which credit is being purchased.
779	Contributions shall be calculated by an actuary designated by
780	the Division of Retirement of the Department of Management
781	Services using the discount rate and Florida Retirement System
782	defined benefit plan liabilities in the most recent actuarial
783	valuation. The contribution for service credit being purchased
784	must be paid by the member or by the employer on behalf of the
785	member immediately upon notification by the Division of
786	Retirement of the Department of Management Services.
787	Section 19.  Transfer of powers.-In accordance with section
788	4, Article VIII of the State Constitution, by law or by
789	resolution of both the governing bodies of the affected local
790	government and the district, a county or municipality may
791	transfer its fire protection and rescue services to the
792	district. The district may not levy ad valorem taxes upon the
793	transferred properties until such time as an ad valorem millage
794	rate is approved by the electors of the area. However, the
795	district may charge all other fees that it is authorized to
796	impose and collect immediately upon the properties after the
797	transfer. Until the electors of the transferred properties
798	approve the district's millage rate, the local government that
799	transferred its powers to the district shall pay the district,
800	by January 1 of each year, an amount equal to the ad valorem
801	taxes that the district would have collected had the district
802	been able to levy and collect its ad valorem taxes on the
803	transferred properties.
804	Section 20.  Referendum on the merger with Southwest
805	Florida Fire Control and Rescue District.-
806	(1)  Upon notification to the Supervisor of Elections of
807	Collier County by at least one independent special fire control
808	and rescue district of its adoption of a resolution calling for
809	a referendum on merging with the SWFFCD, the Supervisor of
810	Elections of Collier County shall conduct a referendum of the
811	qualified electors of each notifying independent special fire
812	control and rescue district that has provided such notification
813	within 30 days after the initial notification on the question of
814	whether the independent special fire control and rescue district
815	shall merge with the SWFFCD. The qualified electors residing
816	within each independent special fire control and rescue district
817	that has provided notification to the Supervisor of Elections of
818	Collier County shall vote on such referendum. Upon approval of a
819	majority of the qualified electors of the requesting independent
820	special fire control and rescue district voting in the
821	referendum, the district shall become operational. If more than
822	one independent special fire control and rescue district
823	provides notification to the Supervisor of Elections of Collier
824	County of the adoption of a resolution calling for a referendum
825	on merging with the SWFFCD prior to it becoming operational and
826	within 30 days after the initial notification, the district
827	shall become operational upon approval of a majority of the
828	qualified electors of at least one of the independent special
829	fire control and rescue districts voting in such referendum. The
830	referendum shall be a separate vote of each independent special
831	fire control and rescue district participating in the
832	referendum. The election shall be in accordance with the
833	provisions of law relating to elections currently in force in
834	Collier County. The cost of the referendum shall be reimbursed
835	to Collier County by the requesting independent special fire
836	control and rescue district. If more than one independent
837	special fire control and rescue district requests the
838	referendum, each independent special fire control and rescue
839	district shall reimburse to Collier County its proportioned
840	share of the cost of the referendum based on the total number of
841	qualified electors within its boundaries as compared to the
842	total number of qualified electors of the combined independent
843	special fire control and rescue districts calling for the
844	referendum.
845	(2)  Notwithstanding section 101.161, Florida Statutes, one
846	of the following referendum questions shall be presented to the
847	electors if the independent special fire control and rescue
848	district or districts elect to request approval of the merger:
849	(a)  Option 1:
850	REFERENDUM ON MERGER WITH THE SOUTHWEST FLORIDA FIRE CONTROL AND
851	RESCUE DISTRICT AND ITS AUTHORITY
852
853	In an effort to consolidate the independent special fire control
854	and rescue districts in Collier County, shall your independent
855	special fire control and rescue district merge into the
856	Southwest Florida Fire Control and Rescue District, an
857	independent special fire control and rescue district in Collier
858	County, which is authorized to exercise all powers as set forth
859	in its charter and chapters 191 and 189, Florida Statutes, and
860	your existing independent special fire control and rescue
861	district's existing powers, including the authority to levy an
862	ad valorem millage rate up to either [to be inserted by the
863	Supervisor of Elections of Collier County] mills or the millage
864	rate previously approved at referendum to be levied by your
865	existing independent special fire control and rescue district,
866	resulting in the Southwest Florida Fire Control and Rescue
867	District becoming your new fire control and rescue service
868	provider and the dissolution of your existing independent
869	special fire control and rescue district upon the effective date
870	of the merger without further legislative or voter approval?
871	___Yes
872	___No
873	(b)  Option 2:
874	REFERENDUM ON MERGER WITH THE SOUTHWEST FLORIDA FIRE CONTROL AND
875	RESCUE DISTRICT AND ITS AUTHORITY
876
877	In an effort to consolidate the independent special fire control
878	and rescue districts in Collier County, shall your independent
879	special fire control and rescue district merge into the
880	Southwest Florida Fire Control and Rescue District, an
881	independent special fire control and rescue district in Collier
882	County, which is authorized to exercise all powers as set forth
883	in its charter and chapters 191 and 189, Florida Statutes, and
884	your existing independent special fire control and rescue
885	district's existing powers, including the authority to levy an
886	ad valorem millage rate up to 3.75 mills, resulting in the
887	Southwest Florida Fire Control and Rescue District becoming your
888	new fire control and rescue service provider and the dissolution
889	of your existing independent special fire control and rescue
890	district upon the effective date of the merger without further
891	legislative or voter approval?
892
893	The Southwest Florida Fire Control and Rescue District shall not
894	charge an ad valorem millage rate higher than [to be inserted by
895	the Supervisor of Elections of Collier County] mills or the
896	millage rate previously approved at referendum to be levied by
897	your independent special fire control and rescue district for
898	the first 5 fiscal years after it becomes operational. The
899	district may increase this authorized millage rate by a total of
900	0.5 mills every 5 years up to the maximum 3.75 mills, unless a
901	greater increase in the millage rate is approved by referendum
902	by the district's electors.
903	___Yes
904	___No
905	(c)  Option 3:
906	REFERENDUM ON MERGER WITH THE SOUTHWEST FLORIDA FIRE CONTROL AND
907	RESCUE DISTRICT AND ITS AUTHORITY
908
909	In an effort to consolidate the independent special fire control
910	and rescue districts in Collier County, shall your independent
911	special fire control and rescue district merge into the
912	Southwest Florida Fire Control and Rescue District, an
913	independent special fire control and rescue district in Collier
914	County, which is authorized to exercise all powers as set forth
915	in its charter and chapters 191 and 189, Florida Statutes, and
916	your existing independent special fire control and rescue
917	district's existing powers, including the authority to levy an
918	ad valorem millage rate up to [to be inserted by the Supervisor
919	of Elections of Collier County] mills, resulting in the
920	Southwest Florida Fire Control and Rescue District becoming your
921	new fire control and rescue service provider and the dissolution
922	of your existing independent special fire control and rescue
923	district upon the effective date of the merger without further
924	legislative or voter approval?
925	___Yes
926	___No
927	(3)  The ad valorem millage rate provided for in the
928	referendum in paragraph (2)(c) shall be the maximum ad valorem
929	millage rate that has been previously approved at referendum by
930	the merging independent special fire control and rescue
931	district, and if more than one independent special fire control
932	and rescue district is voting at the same election, each
933	independent special fire control and rescue district's residents
934	shall vote on a referendum question that includes its existing
935	maximum millage rate. The ad valorem millage rate provided for
936	in the referendum in paragraph (2)(a) or paragraph (2)(b) shall
937	be determined and inserted into the referendum question by the
938	Supervisor of Elections of Collier County prior to the election.
939	The ad valorem millage rate included in the referendum shall be
940	determined as follows:
941	(a)  The final certified taxable property value, as
942	provided by the Collier County Property Appraiser, for each
943	independent special fire control and rescue district
944	participating in the referendum for the most recent fiscal year
945	shall be multiplied by the maximum millage rate allowable by
946	each independent special fire control and rescue district
947	participating in the referendum.
948	(b)  The resulting revenue amount from each independent
949	special fire control and rescue district participating in the
950	referendum shall then be added together to arrive at a total
951	revenue amount for the SWFFCD.
952	(c)  This combined revenue amount shall then be divided by
953	the combined taxable property value of each independent special
954	fire control and rescue district participating in the referendum
955	to arrive at the millage rate necessary to generate that amount
956	of revenue.
957	(d)  This millage rate shall then be adjusted by the growth
958	in per capita Florida personal income as provided by the
959	Department of Revenue on the Maximum Millage Levy Calculation
960	Preliminary Disclosure Form (Form DR-420MM-P) to arrive at an
961	adjusted millage rate, and this adjusted millage rate shall then
962	be multiplied by 1.10 as provided in general law to arrive at
963	the maximum starting millage rate for the SWFFCD, which shall be
964	included in the referendum question. The Supervisor of Elections
965	of Collier County shall also present the referendum question
966	that has been selected to be presented pursuant to this act.
967	Section 21.  Referendum on the merger with the Southwest
968	Florida Fire Control and Rescue District after its operational
969	date.-
970	(1)  Upon notification to the Supervisor of Elections of
971	Collier County by an independent special fire control and rescue
972	district of its adoption of a resolution calling for a
973	referendum on merging with the SWFFCD, the Supervisor of
974	Elections of Collier County shall conduct a referendum of the
975	qualified electors of the notifying independent special fire
976	control and rescue district on the question of whether the
977	independent special fire control and rescue district shall merge
978	with the district and shall be authorized to levy ad valorem
979	taxes at the next regularly scheduled general election date
980	after notification or at a special election as requested by the
981	independent special fire control and rescue district. The
982	qualified electors residing within the independent special fire
983	control and rescue district that has provided notification to
984	the Supervisor of Elections of Collier County shall vote on such
985	referendum. Upon approval by a majority of the qualified
986	electors of the requesting independent special fire control and
987	rescue district voting in the referendum, the independent
988	special fire control and rescue district shall merge with the
989	district pursuant to this act. The election shall be in
990	accordance with the provisions of law relating to the elections
991	currently in force in Collier County. The cost of the referendum
992	shall be reimbursed to Collier County by the requesting
993	independent special fire control and rescue district. There
994	shall be no referendum of the qualified electors of the SWFFCD
995	regarding whether the independent special fire control and
996	rescue district shall merge with the SWFFCD.
997	(2)(a)  Notwithstanding section 101.161, Florida Statutes,
998	the following referendum question shall be presented to the
999	electors of the independent special fire control and rescue
1000	district if the governing body of the independent special fire
1001	control and rescue district electing to request approval of the
1002	merger with the SWFFCD, and the merger will occur after the
1003	SWFFCD's operational date:
1004
1005	REFERENDUM ON MERGER WITH THE SOUTHWEST FLORIDA FIRE CONTROL AND
1006	RESCUE DISTRICT AND ITS AUTHORITY
1007
1008	In an effort to consolidate the independent special fire control
1009	and rescue districts in Collier County, shall your independent
1010	special fire control and rescue district merge into the
1011	Southwest Florida Fire Control and Rescue District, an
1012	independent special fire control and rescue district in Collier
1013	County, which is authorized to exercise all powers as set forth
1014	in its charter and chapters 191 and 189, Florida Statutes, and
1015	your existing independent special fire control and rescue
1016	district's existing powers, including the authority to levy an
1017	ad valorem millage rate up to [to be inserted by the Supervisor
1018	of Elections of Collier County] mills, resulting in the
1019	Southwest Florida Fire Control and Rescue District becoming your
1020	new fire control and rescue service provider and the dissolution
1021	of your existing independent special fire control and rescue
1022	district upon the effective date of the merger without further
1023	legislative or voter approval?
1024	___Yes
1025	___No
1026	(b)  The ad valorem millage rate provided for in the
1027	referendum in paragraph (a) shall be determined and inserted
1028	into such language by the Supervisor of Elections of Collier
1029	County prior to the election. The ad valorem millage rate
1030	included in the referendum shall be either the ad valorem
1031	millage rate that is currently levied by the SWFFCD, the maximum
1032	ad valorem millage rate that has been previously approved by
1033	referendum of the SWFFCD, or the maximum ad valorem millage rate
1034	that has been previously approved at referendum by the merging
1035	independent special fire control and rescue district, whichever
1036	is higher.
1037	(3)(a)  Notwithstanding section 101.161, Florida Statutes,
1038	the following referendum question shall be presented to the
1039	electors of the independent special fire control and rescue
1040	district that has a previously approved millage rate that is
1041	lower than the SWFFCD's maximum millage rate upon the governing
1042	board of the independent special fire control and rescue
1043	district electing to request approval of the merger with the
1044	SWFFCD, and the merger will occur after the SWFFCD's operational
1045	date:
1046
1047	REFERENDUM ON MERGER WITH THE SOUTHWEST FLORIDA FIRE CONTROL AND
1048	RESCUE DISTRICT AND ITS AUTHORITY
1049
1050	In an effort to consolidate the independent special fire control
1051	and rescue districts in Collier County, shall your independent
1052	special fire control and rescue district merge into the
1053	Southwest Florida Fire Control and Rescue District, an
1054	independent special fire control and rescue district in Collier
1055	County, which is authorized to exercise all powers as set forth
1056	in its charter and chapters 191 and 189, Florida Statutes, and
1057	your existing independent special fire control and rescue
1058	district's existing powers, including the authority to levy an
1059	ad valorem millage rate up to [to be inserted by the Supervisor
1060	of Elections of Collier County] mills, resulting in the
1061	Southwest Florida Fire Control and Rescue District becoming your
1062	new fire control and rescue service provider and the dissolution
1063	of your existing independent special fire control and rescue
1064	district upon the effective date of the merger without further
1065	legislative or voter approval?
1066	Yes
1067	No
1068	(b)  The ad valorem millage rate provided for in the
1069	referendum in paragraph (a) shall be determined and inserted
1070	into such language by the Supervisor of Elections of Collier
1071	County prior to the election. The ad valorem millage rate
1072	included in the referendum shall be either the ad valorem
1073	millage rate that is currently levied by the SWFFCD, the maximum
1074	ad valorem millage rate that has been previously approved by
1075	referendum of the SWFFCD, or the maximum ad valorem millage rate
1076	that has been previously approved at referendum by the merging
1077	independent special fire control and rescue district, whichever
1078	is lower.
1079	Section 22.  This act shall take effect upon becoming a
1080	law.

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