Sec. 122-226. - Creation.

(a)

The Ochopee Fire District is hereby created. It is hereby declared to be the intent of this article to confirm creation of this district as a municipal service taxing unit pursuant to F.S. § 125.01(1)(q).

(b)

The district boundaries shall include:

All of Township 50 South, Range 34 East; Township 51 South, Range 34 East; Township 52 South, Range 34 East; Township 53 South, Range 34 East; Township 50 South, Range 33 East; Township 51 South, Range 33 East; Township 52 South, Range 33 East; Township 53 South, Range 33 East; Township 50 South, Range 32 East; Township 51 South, Range 32 East; Township 52 South, Range 32 East; Township 53 South, Range 32 East; Township 50 South, Range 31 East; Township 51 South, Range 31 East; Township 52 South, Range 31 East; Township 53 South, Range 31 East; Township 50 South, Range 30 East; Township 51 South, Range 30 East; Township 52 South, Range 30 East; Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and that portion of Chokoloskee Island contained in Sections 30 and 31, Township 53 South, Range 30 East; Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26, 35 and 36, Township 50 South, Range 29 East; Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26, 35 and 36, Township 51 South, Range 29 East; Sections 1, 2, 11, 12, 13, 14, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 35 and 36, Township 52 South, Range 29 East; Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26 and 36, Township 53 South, Range 29 East; including the incorporated area of the City of Everglades being more particularly described as the Town of Everglades as described in Plat Book 1, pages 87—95 of the Public Records of Collier County, Florida; and including Sections 3, 4, 5, 6, 8, 9, 10, 11, 13, 14 and 24, Township 52 South, Range 28 East; Sections 35 and 36 and all that area south and east of State Road 92 within Section 34, Township 51 South, Range 27 East; Section 1, Township 52 South, Range 27 East.

(Ord. No. 75-6, § 1(1); Ord. No. 78-3, § 1; Ord. No. 92-100, § 1)

State law reference— Authority to create municipal service taxing or benefit unit, F.S. § 125.01(1)(q).

Sec. 122-227. - Governing board, powers and duties.

(a)

The governing board shall be the Board of County Commissioners. The business affairs of the district shall be administered and conducted by the board. It shall have the authority as prescribed in F.S. § 125.01(1)(q), including the authority to establish, equip, operate and maintain a fire department, ambulance service and rescue service within the district. The board shall buy, lease, sell, exchange or otherwise acquire and dispose of firefighting equipment and other property, real, personal or mixed, that it may from time to time deem necessary to prevent and extinguish fire or provide ambulance and rescue services within the district. This shall include, but is not limited to, the authority to provide water, water supply, water stations and other necessary buildings; accept gifts or donations of equipment or money for the use of the district; and to do all things necessary to provide for an adequate water supply, for prevention and proper fire protection for the district. The board shall have the authority to extend its services outside the district under a mutual aid agreement with another district or to residents not receiving fire, ambulance or rescue services from another source. The board shall have the power to hire and fire necessary personnel, to investigate for fire and safety hazards and to promulgate rules and regulations for the prevention of fire and for fire control in the district.

(b)

The board shall appoint a committee of from three to five electors residing within the district to serve staggered terms of two years each to hold meetings at such time and places as it shall determine for the purpose of advising the board regarding the affairs of the district. At least one of the committee members who lives within the city limits of Everglades City shall represent the city's interest in the affairs of the district. Such representative shall be named by the mayor and approved by City Council of the City of Everglades and be confirmed by the Board of County Commissioners, as governing body.

(c)

The advisory committee shall annually prepare a tentative district budget and estimate the funds, their purpose and the ad valorem taxes necessary to carry out the provisions of this article for the following fiscal year as prescribed by F.S. ch. 129.

(d)

Upon adoption of the district budget by the board it shall cause the budget to be recorded in the board minutes and shall cause to be levied on all property within the district a millage sufficient to fund the budget not exceeding four mills in any one year to be assessed and collected as though county taxes.

(e)

The Board of County Commissioners shall:

(1)

Cause to be issued all warrants for service, equipment, materials and other expenses incurred by the district.

(2)

On or before the end of each fiscal year prepare an annual report of the receipts and expenditures of the district to the governing board as required by F.S. § 218.20 et seq.

(Ord. No. 75-6, § 1(2); Ord. No. 78-3, § 1; Ord. No. 81-41, § 1; Ord. No. 82-76, § 1; Ord. No. 87-70, § 1; Ord. No. 92-100, § 1)

State law reference— Board of county commissioners to be governing body of unit, F.S. § 125.01(2).

Sec. 122-228. - Prerequisite to tax levy.

Prior to the levy of any taxes by the Ochopee Fire District on the properties located within the incorporated area of the City of Everglades, the City of Everglades must have adopted an ordinance, pursuant to the provisions of F.S. ch. 125. The ordinance shall set forth the number of years that the Ochopee Fire District may include the area within the corporate limits of the City of Everglades, the type of services to be provided by the Ochopee Fire District, and all other provisions as required by law.

(Ord. No. 75-6, § 2; Ord. No. 92-100, § 2)

Sec. 122-229. - Advisory board.

(a)

Confirmed. The creation and establishment of the Ochopee Fire District Advisory Board is hereby confirmed and ratified.

(b)

Appointment and Composition.

(1)

The Board shall be composed of five members. As a general guideline, membership shall consist of one (1) member from each of the following areas:

a.

Everglades City - recommended by the Mayor.

b.

Plantation Island.

c.

Chokoloskee.

d.

Lee Cypress.

e.

Ochopee.

(2)

Notwithstanding subsection (1) above, the Board of County Commissioners may appoint as a member any permanent resident of the District.

(3)

Members of the Board shall be appointed by and serve at the pleasure of the Board of County Commissioners. Said members shall be permanent residents within the District, except for the member appointed from Everglades City, and all shall be electors of the County.

(4)

Appointment of members to the Board shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment and the term of office.

(c)

Terms of office. The initial terms of office of the advisory board shall be as follows:

(1)

Three members will serve until December 31, 1989.

(2)

Two members will serve until December 31, 1990.

Thereafter, each appointment or reappointment shall be for a term of two years. A member of the advisory board may be reappointed by the Board of County Commissioners for one successive term. However, other qualified applicants may be considered for any vacancy. Appointments to fill any vacancies on the board shall be for the remainder of the unexpired term of office.

(d)

Removal from office; failure to attend meetings.

(1)

Any member of the advisory board may be removed from office, with or without cause, by a majority vote of the Board of County Commissioners.

(2)

If any member of the advisory board fails to attend two consecutive board meetings without a satisfactory excuse or if a member is absent from more than one-half of the board's meetings in a given fiscal year, the board shall declare the member's seat to be vacant and the vacancy shall be filled by the Board of County Commissioners.

(e)

Officers; quorum; rules of procedure.

(1)

Annually the membership of the advisory board shall elect a chairman and vice-chairman from among the members. Officers' terms shall be for one year, with eligibility for reelection.

(2)

The presence of three or more members shall constitute a quorum of the advisory board necessary to take action and transact business. In addition, an affirmative vote of three or more members shall be necessary in order to take official action, regardless of whether three or more members of the board are present at the meeting.

(3)

The advisory board shall, by majority vote of the entire membership, adopt rules of procedures for the transaction of business and shall keep a written record of meetings, resolutions, findings and determinations. Copies of all board minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners.

(f)

Reimbursement of expenses. Members of the advisory board shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners.

(g)

Functions, powers and duties. The functions, powers and duties of the advisory board shall be as follows:

(1)

To provide input and review major department regulating documents.

(2)

To review and participate in the short/long term training programs.

(3)

To participate in the goal setting process.

(4)

To review and provide input for departmental programs or activities as determined by the emergency services administrator.

(5)

To coordinate and represent the fire department with community groups at fund raising activities.

(6)

To prepare and recommend to the Board of County Commissioners an itemized budget of the amount of money required to carry out the business of the Ochopee Fire District for the next fiscal year. In carrying out this responsibility, the board shall, no later than April 1 of each year, meet with the county emergency services administrator or his designee and outline to the administrator those projects which the board wishes to accomplish during the next fiscal year. Based upon this information the administrator or his designee shall prepare a proposed budget for the district, in accordance with standard county guidelines regarding the preparation of budgets. This proposed budget shall then be reviewed by the board and upon approval by the board be transmitted through the emergency services administrator to the Board of County Commissioners for adoption in accordance with the procedures for the adoption of budgets set forth under general law and the Board of County Commissioners' policy. Should the board fail to approve a budget by June 1 of each year, the county administrator shall be authorized to submit a proposed budget to the Board of County Commissioners.

(7)

To adopt and amend guidelines to govern their operation and the operation of the district, subject to approval by the Board of County Commissioners.

(h)

Duties of emergency services administrator. The duties of the emergency services administrator, or his designee, shall be:

(1)

To administer the activities of the district in accordance with established policies of the Board of County Commissioners and guidelines adopted by the board.

(2)

To prepare the annual budget in accordance with subsection (g)(6) of this section.

(3)

To provide periodic written reports to the board, the county administrator and the Board of County Commissioners on the activities of the district and its finances in accordance with established guidelines of the Board of County Commissioners or the board.

(4)

To attend all board meetings.

(i)

Review process. The advisory board shall be reviewed once every four years commencing in 1990, in accordance with the procedures contained in chapter 2, article VIII, division 2 of this Code.

(Ord. No. 89-98, §§ 1—9; Ord. No. 2011-06, § 1)

Cross reference— Boards, commissions, committees and authorities, § 2-816 et seq.

Sec. 122-230. - Construction of article.

This article shall be liberally construed to effectuate its public purpose.

(Ord. No. 75-6, § 2(1))

Secs. 122-231—122-250. - Reserved.