Bill Text: FL H1393 | 2010 | Regular Session | Introduced

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Bill Title: Broward County

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Military & Local Affairs Policy (EDCA) [H1393 Detail]

Download: Florida-2010-H1393-Introduced.html

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HB 1393

1	A bill to be entitled
2	An act relating to Broward County; providing legislative
3	findings; providing for the creation of the Broward
4	Independent Fire District; providing boundaries and
5	jurisdiction; providing for composition and rules and
6	regulations of the board; providing powers and duties of
7	the district; providing for financial powers and
8	procedures of the district; providing for the power to
9	impose impact fees, special assessments, user fees, and ad
10	valorem taxes; providing a ballot statement; requiring a
11	referendum; providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1. Legislative findings.-Broward County is the
16	second most populous county in the state, with 31 municipalities
17	within the county and little unincorporated area within the
18	developed portion of the county, and is one of the fastest
19	growing areas in the nation. Twenty governmental entities
20	provide fire and emergency medical services within Broward
21	County, and 14 governmental entities provide emergency
22	communications within Broward County. Many fire and emergency
23	medical services providers within Broward County do not have
24	common radio equipment or channels, and fire and emergency
25	medical services response within Broward County is often not by
26	the closest available unit because of the territory of separate
27	providers. The Legislature has attempted and continues to
28	attempt to foster services on the local level by the best and
29	most cost-effective means; thus, the Legislature wishes to
30	create an urban fire district that will be a vehicle for the
31	provision of urban fire and emergency medical services to ensure
32	that the highest level of services to Broward County is
33	provided, upon voluntary request by present providers of fire
34	and emergency medical services throughout Broward County.
35	Therefore, the Legislature intends to provide an independent
36	entity for coordinated fire and emergency medical services
37	throughout Broward County that has uniform countywide standards,
38	and the Legislature intends the district to be independent of
39	Broward County or any one municipality such that any local
40	government may have fire and emergency medical services provided
41	to it by voluntary approval of the local government.
42	Section 2. Creation.-There is created within the confines
43	of Broward County the "Broward Independent Fire District," an
44	independent special district hereinafter referred to as the
45	"district."
46	Section 3. Boundaries.-All lands within Broward County
47	shall be within the district.
48	Section 4. Jurisdiction.-The jurisdiction of the district
49	to provide fire and emergency medical services shall be those
50	lands within the district where there has been a resolution of a
51	governing body of a municipality where lands are situated
52	approving of services by the district for such lands. A
53	resolution shall be approved by Broward County for any
54	unincorporated lands. The assent for the fire and emergency
55	medical services must also be obtained where fire or emergency
56	medical services are provided to lands by a provider other than
57	the government providing municipal services. A municipality or
58	Broward County may not withdraw from the jurisdiction of the
59	district within 5 years after joining the district. After 5
60	years, a municipality or Broward County may withdraw from the
61	district by passing a resolution and giving notice to the
62	district by June 1st of the preceding calendar year in order to
63	withdraw by September of the next calendar year.
64	Section 5. Governing body.-
65	(1) The governing body of the Broward Independent Fire
66	District shall be the Broward Fire Board.
67	(2) All members of the Broward Fire Board shall be chosen
68	from elected officials of the general-purpose government in
69	which lands are served by the district and which provide for
70	municipal services. Broward County shall be deemed the provider
71	of municipal services for any unincorporated lands.
72	(3) The Broward Fire Board shall be composed as follows:
73	(a) If lands within only one local government are served
74	by the district, the Broward Fire Board shall be composed of
75	three members appointed by the local government from among the
76	members of its governing body.
77	(b) If lands within two local governments are served by
78	the district, each local government shall appoint one member
79	from its governing body.
80	(c) If lands within three local governments are served by
81	the district, each local government shall appoint one member
82	from its governing body.
83	(d) If lands within four or more local governments are
84	served by the district, each local government shall appoint one
85	member to the Broward Fire Board from its governing body.
86	(4) All matters brought before the Broward Fire Board must
87	receive a majority vote by the members of the board before the
88	matter is adopted or approved.
89	(5) If lands served by the district are situated in more
90	than nine local governments, the Broward Fire Board may create
91	an executive committee of not fewer than five or more than nine
92	members. The Executive Committee of the Broward Fire Board is
93	authorized to make such decisions and perform all functions of
94	the full Broward Fire Board, except that only a majority of a
95	quorum of the full fire board may approve user charges, impact
96	fees, or special assessments or levy any tax.
97	(6) A quorum of the Broward Fire Board shall be a majority
98	of its members, except that if the membership of the Broward
99	Fire Board reach 12 members, a quorum may be set by resolution
100	of the Broward Fire Board but in no instance may the quorum be
101	fewer than seven members.
102	(7) The Broward Fire Board shall elect one of its members
103	as chair and one as vice chair to serve for 1 year each in those
104	capacities or until their successors are elected.
105	(8) Members of the Broward Fire Board shall be appointed
106	for 2-year terms and shall not be subject to term limits.
107	(9) The Broward Fire Board shall appoint such officers
108	from among its members as it deems necessary.
109	(10) The Broward Fire Board shall operate the district in
110	accordance with this act and chapters 189 and 191, Florida
111	Statutes, and with any other applicable general or special law,
112	except as provided in this act.
113	(11) The Broward Fire Board shall have the power to create
114	subdistricts composed of not less than all of the lands within
115	one local government that are served by the district. For
116	purposes of Article VII, section 2 of the State Constitution,
117	each subdistrict shall be a separate taxing unit.
118	(12) Members of the Broward Fire Board shall receive no
119	compensation but shall be reimbursed for travel and per diem
120	expenses as provided in section 112.061, Florida Statutes.
121	Section 6. Powers of the district.-
122	(1) The district through the Broward Fire Board shall
123	promulgate by resolution the following:
124	(a) One standard for all levels of service for
125	firefighting and for delivery of emergency medical services
126	within the jurisdictional portion of the district.
127	(b) One integrated communications system throughout the
128	jurisdictional portion of the district for all fire and
129	emergency medical services.
130	(c) Closest response for delivery of all fire and
131	emergency medical services within the jurisdictional portion of
132	the district.
133	(d) The district shall create a 5-year plan for the
134	provision of fire and emergency medical services for all of the
135	district and Broward County.
136	(e) The district shall have the authority to establish,
137	equip, operate, and maintain a fire department and emergency
138	medical services squad within the jurisdictional portion of the
139	district and may buy, lease, sell, exchange, or otherwise
140	acquire and dispose of firefighting and emergency medical
141	equipment and other real, personal, or mixed property that it
142	may from time to time deem necessary to prevent and extinguish
143	fires or provide emergency medical services. This shall include,
144	but is not limited to, the authority to hire and fire a fire
145	administrator, firefighters, and other personnel; to accept
146	gifts or donations of equipment or money for the use of the
147	district; and to do all things necessary to provide adequate
148	water supply, fire prevention, and proper fire protection for
149	the jurisdictional portion of the district.
150	(f) The fire board shall have the authority to enter into
151	interlocal agreements for any purpose related to providing fire
152	or emergency medical services within Broward County pursuant to
153	part 1 of chapter 163, Florida Statutes.
154	(g) The district may establish and maintain emergency
155	medical and rescue response services within the jurisdictional
156	portion of the district consistent with section 191.008(1),
157	Florida Statutes, provisions of chapter 401, Florida Statutes,
158	and any certificates of public convenience and necessity or its
159	equivalent issued there under.
160	(h) The district may contract with any governmental agency
161	within Broward County to provide for services other than fire
162	suppression, fire prevention, and emergency medical services
163	within the jurisdictional portion of the district.
164	(i) In addition to any other power to borrow money as may
165	be provided by this act or by law, the district may borrow
166	sufficient funds to provide for 3 months' operating expenses,
167	with such loan to be repaid from anticipated revenues.
168	(2) Within the jurisdictional portion of the district, the
169	district shall have authority to inspect and investigate all
170	property for fire hazards. The fire board, by resolution duly
171	adopted, may assess fees for fire inspection and maintenance and
172	replacement of hydrants in an amount reasonably related to the
173	cost thereof and may adopt provisions creating a lien or
174	providing for civil enforcement of such assessments.
175	(3) All fire inspectors engaged by the district shall be
176	certified by the Broward County Board of Rules and Appeals and
177	be certified firefighters.
178	(4) All certified firefighters, certified emergency
179	medical technicians, and licensed paramedics employed by a
180	municipality, the Broward Sheriff's Office, or Broward County
181	who were members of a bargaining unit certified by the Public
182	Employees Relations Commission shall, upon transfer of services
183	by a municipality, the Broward Sheriff's Office, or Broward
184	County, be employed by the district without loss of rank or
185	equivalent position of command, pay, benefits, accrued leave,
186	seniority, or pension.
187	(5) Wages, hours, and conditions of employment of
188	certified firefighters, certified emergency medical technicians,
189	and licensed paramedics, upon transfer of services from a
190	municipality, the Broward Sheriff's Office, or Broward County to
191	the district who were members of a bargaining unit certified by
192	the Public Employees Relations Commission shall be no less than
193	while employed by their former municipality, the Broward
194	Sheriff's Office, or Broward County.
195	(6) Within the jurisdictional portion of the district, the
196	district is authorized to promulgate rules and regulations for
197	the prevention of fire and for fire control in the district,
198	which shall have the same force and effect as law 10 days after
199	copies thereof executed by the chair and secretary of the
200	Broward Fire Board have been posted in at least three places.
201	(7) The duties and powers of the Broward Fire Board shall
202	be set forth in this act and chapter 191, Florida Statutes,
203	except as provided in this act.
204	Section 7. Finances.-The powers, functions, and duties of
205	the district within the jurisdictional portion of the district
206	regarding ad valorem taxation, bond issuance, other revenue-
207	raising capabilities, budget preparation and approval, liens and
208	foreclosure of liens, use of tax deeds and tax certificates as
209	appropriate for non-ad valorem assessments, and contractual
210	agreements, and the methods for financing the district and for
211	collecting non-ad valorem assessments, fees, or service charges,
212	shall be as set forth in this act, in chapters 170, 189, 191,
213	and 197, Florida Statutes, and in any applicable general or
214	special law.
215	(1) The fire board shall annually, during the month of
216	June, make an itemized estimate of the amount of moneys required
217	to carry out the provisions of this act for the next fiscal year
218	of the board, which fiscal year shall be from October 1 to and
219	including the next succeeding September 30, which estimate shall
220	state the purpose for which the moneys are required and the
221	amount necessary to be raised by taxation within the
222	jurisdictional portion of the district, which budget and
223	proposed millage rate shall be noticed, heard, and adopted in
224	accordance with chapters 192 through 200, Florida Statutes.
225	(2) Within the jurisdictional portion of the district, the
226	total millage for the district shall not exceed 3.75 mills in
227	any one fiscal year. However, the total millage may be increased
228	pursuant to section 191.009, Florida Statutes, after such
229	increase has been approved by referendum.
230	(3) Taxes provided for in this act shall be assessed and
231	collected, and subject to the same commission and fees for
232	assessing and collecting, in the same manner and form as
233	provided for the assessment and collection of county taxes,
234	except as otherwise provided in this act.
235	(4) When the tax collector has collected the taxes
236	provided for by this act, he or she shall, on or before the 10th
237	day of each month, report to the secretary-treasurer of the fire
238	board the collection made for the preceding month and remit the
239	taxes collected to the secretary-treasurer of the fire board.
240	(5) All warrants for the payment of labor, equipment,
241	materials, and other allowable expenses incurred by the fire
242	board in carrying out the provisions of this act shall be
243	payable by the secretary-treasurer of the fire board on accounts
244	and vouchers approved by the fire board.
245	(6) The district shall have the power to issue general
246	obligation bonds, assessment bonds, bond anticipations notes,
247	notes, or certificates or other evidences of indebtedness,
248	hereinafter referred to as "bonds," pledging the full faith,
249	credit, and taxing power of the district for capital projects
250	consistent with the purposes of the district in accordance with
251	the requirements of section 191.012, Florida Statutes, and other
252	applicable general law.
253	(a) Except for refunding bonds, no bonds shall be issued
254	unless the issuance thereof has been approved at a referendum
255	held in accordance with the requirements for such referendum as
256	proscribed by general law. A referendum shall be called by the
257	board of county commissioners upon the request of the fire
258	board. The expenses of calling and holding the referendum shall
259	be borne by the district and the district shall reimburse the
260	county for any expenses incurred in calling or holding such
261	referendum.
262	(b) The district may pledge its full faith and credit for
263	the payment of the principal and interest on such general
264	obligation bonds and for any reserve funds provided therefor and
265	may unconditionally and irrevocably pledge itself to levy a
266	special tax on all taxable property in the district, to the
267	extent necessary for the payment thereof, over and above all
268	other taxes authorized or permitted by this act.
269	(c) If the fire board determines to issue bonds for more
270	than one purpose, the approval of the issuance of the bonds for
271	each and all such purposes may be submitted to the electors on
272	one and the same ballot. The failure of the electors to approve
273	the issuance of bonds for any one or more purposes shall not
274	defeat the approval of bonds for any purposes that are approved
275	by the electors.
276	(d) Notwithstanding any provision of law to the contrary,
277	all bonds issued under the provisions of this act shall
278	constitute legal investments for savings banks, banks, trust
279	companies, insurance companies, executors, administrators,
280	trustees, guardians, and other fiduciaries and for any board,
281	body, agency, instrumentality, county, municipality, or other
282	political subdivision of the state and shall constitute security
283	that may be deposited by banks or trust companies as security
284	for deposits of state, county, municipal, or other public funds
285	or by insurance companies, as required, or voluntary statutory
286	deposits.
287	(e) Any bonds issued by the district shall be
288	incontestable in the hands of bona fide purchasers or holders
289	for value and shall not be invalid because of any irregularity
290	or defect in the proceedings for the issue and sale thereof.
291	(f) The state pledges to the holders of any bonds issued
292	under this act that it will not limit or alter the rights of the
293	district to levy and collect the taxes provided for in this act
294	and to fulfill the terms of any agreement made with the holders
295	of such bonds and that it will not in any way impair the rights
296	or remedies of such holders.
297	(g) A default on the bonds of the district shall not
298	constitute a debt or obligation of a local general-purpose
299	government or the state.
300	Section 8. Impact fees.-
301	(1) The fire board may allow for the assessment and
302	collection of impact fees for capital improvement on new
303	construction within the jurisdictional portion of the district.
304	(a) It is readily apparent that additional equipment and
305	facilities will be needed to meet the expanding commercial and
306	residential growth within the district.
307	(b) It is declared that the cost of new facilities and
308	equipment for fire protection and related emergency medical
309	services, shall be borne by new users of the district's
310	services, to the extent that new construction requires new
311	facilities and equipment, but only to that extent.
312	(c) It is therefore the legislative intent to transfer to
313	the new users of the district's fire protection and related
314	emergency medical services a fair share of the costs of new
315	facilities imposed on the district by new users.
316	(d) It is hereby declared that the amounts of impact fees
317	for capital improvement provided for in this section are just,
318	reasonable, and equitable.
319	(2) No person shall issue or obtain a building permit for
320	new residential dwelling units or new commercial or industrial
321	structures within the jurisdictional portion of the district, or
322	issue or obtain construction plan approval for new mobile home
323	developments located within the jurisdictional portion of the
324	district, until the developers thereof have paid to the district
325	the applicable impact fees for capital improvements hereinafter
326	set forth. Impact fees for capital improvements to be assessed
327	and collected under this section shall not exceed the following,
328	unless revised pursuant to the provisions of section 191.009(4),
329	Florida Statutes:
330	(a) Each new residential dwelling unit: $.15 per square
331	foot of living area.
332	(b) Each new commercial or industrial structure: $.30 per
333	square foot of usable area.
334	(c) Each new mobile home development: $.15 per square foot
335	of permitted living area.
336
337	"Living area" means that area of any structure that is covered
338	by a roof. "Permitted living area" means 25 percent of the area
339	covered by the individual lots.
340	(3) For the purposes of this section, each unit of any
341	multifamily structure, whether it be a duplex, triplex,
342	cooperative apartment, or condominium or similar type of
343	structure, shall be considered a residential dwelling unit.
344	(4) For the purposes of this section, any motel, hotel,
345	shopping center, church, nursing home, hospital, congregate
346	living facility not part of an actual residence, school,
347	fraternal lodge, veteran's lodge, or similar structure shall be
348	considered a commercial structure.
349	(5) Impact fees for capital improvement collected by the
350	district pursuant to this section shall be kept and maintained
351	as a separate fund from other revenues of the district and shall
352	be used exclusively for the acquisition, purchase, or
353	construction of new facilities and equipment, or portions
354	thereof, required to provide fire protection and related
355	emergency medical services to new construction. "New facilities
356	and equipment" means buildings and capital equipment, including,
357	but not limited to, such fire and emergency vehicles and
358	communications equipment as may from time to time be deemed
359	necessary by the district to provide fire protection and related
360	emergency medical services to the areas of new construction.
361	(6) The impact fees for capital improvement collected
362	under this section shall not be used for the acquisition,
363	purchase, or construction of facilities or equipment that must
364	be obtained in any event to meet the needs of the district,
365	regardless of growth within the district.
366	(7) The fire board shall maintain adequate records to
367	ensure that impact fees for capital improvement collected under
368	this section are expanded only for permissible new facilities or
369	equipment.
370	(8) The fire board shall determine the maximum amount of
371	impact fees to be assessed in any one fiscal year. This
372	determination shall be made prior to the immediately succeeding
373	fiscal year. However, if the fire board authorizes the
374	collection of impact fees in an amount less than the maximum
375	specified in this act, then these fees shall be uniform in each
376	type of new construction subject to the fee. The fire board's
377	determination of the amount of the impact fee to be assessed in
378	any one fiscal year shall be based on the requirements set forth
379	in this section.
380	(9) The impact fee for capital improvement called for in
381	this section may be reduced by 50 percent if the owner of the
382	permitted structure installs fire sprinklers in accordance with
383	NFPA pamphlets 13 and 13D. Only full sprinkler coverage is
384	acceptable for this reduction.
385	Section 9. Elections.-
386	(1) When a referendum or special election is required
387	under the provisions of this act, the district shall reimburse
388	the county for the costs of such election.
389	(2) The procedures for conducting any district elections
390	or referendum required and the qualifications of any elector of
391	the district shall be as set forth in chapters 189 and 191,
392	Florida Statutes, except as provided in this act.
393	Section 10. Eminent domain.-Within the jurisdictional
394	portion of the district, the district shall have the authority
395	to exercise the power of eminent domain, pursuant to chapters
396	73, 74, and 191, Florida Statutes, over any property located
397	within the jurisdictional portion of the district, except
398	municipal, county, state, or federal property, for the purposes
399	of acquiring property for the location of a fire station,
400	training facility, maintenance facility, and administration
401	building. The location and construction of fire stations shall
402	comply with applicable Broward County and municipal ordinances.
403	Section 11. Miscellaneous.-
404	(1) All contracts, obligations, rules, resolutions, or
405	policies of any nature existing on the date of enactment of this
406	act shall remain in full force and effect, and this act shall in
407	no way affect the validity of such contracts, obligations,
408	rules, resolutions, or policies.
409	(2) Requirements for financial disclosure, meeting
410	notices, reporting, public records maintenance, and planning
411	shall be as set forth in chapters 189, 191, and 286, Florida
412	Statutes.
413	(3) The Charter of the Broward Independent Fire District
414	may be amended by special act of the Legislature.
415	(4) In the event any section or provision of this act is
416	determined to be invalid or unenforceable, such determination
417	shall not affect the validity and enforceability of each other
418	section and provision of this act.
419	Section 12. The Broward Independent Fire District shall
420	begin operations and provision of services upon lands within a
421	local government complying with the procedures in section 4.
422	Section 13. This act shall terminate and be of no force
423	and effect if neither Broward County nor any municipality within
424	Broward County passes a resolution within 5 years after the
425	effective date of this act, as provided in section 4.
426	Section 14. (1) This act, except for this section and
427	section 15, which shall take effect upon this act becoming a
428	law, shall take effect only if it is approved by a majority vote
429	of those qualified electors of Broward County voting in a
430	referendum to be called by the Supervisor of Elections of
431	Broward County on November 2, 2010, in accordance with the
432	provisions of law relating to elections currently enforced in
433	Broward County. In this election, procedures prescribed in
434	sections 101.6101-101.6107, Florida Statues, may not be used.
435	(2) The ballot language of the title and question shall be
436	as follows:
437
438	Shall there be created the Broward Independent Fire District to
439	provide fire and rescue services to certain lands and residents
440	within those lands, where the municipal government for the lands
441	has agreed to join the district?
442
443	The district may charge user fees, impact fees, special
444	assessments, and levy property taxes up to 3.75 mills on
445	jurisdictional lands, and shall provide one standard for fire
446	and rescue services to be provided by the closest responder,
447	regardless of municipal boundaries within its jurisdiction.
448
449	Yes ___
450	No ___
451	Section 15. This act shall take effect upon approval by a
452	majority vote of those qualified electors of Broward County
453	voting in a referendum to be called by the Broward County
454	Supervisor of Elections on November 2, 2010, except that this
455	section and section 14 shall take effect upon this act becoming
456	a law.

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