Sec. 262-331. - Area of district.

All that area of land located in Collier County, Florida, described as:

All those geographical islands known as Marco Island and Caxambas Island, subject to future accretion and reliction, lying and being situate in Township 52 South, Ranges 25, 26 and 27 East bounded by the Gulf of Mexico, Caxambas Pass, Caxambas Bay, Barfield Bay, Blue Hill Bay, Blue Hill Creek, Goodland Bay, Bill Marco River and Big Marco Pass

is established as a fire control district known as the "Marco Island Fire Control District" hereafter referred to as the district, whose central location shall be on Marco Island, a more specific location on said island to be finally determined by the fire control district board.

(Laws of Fla. ch. 65-1413, § 1; Laws of Fla. ch. 79-444, § 2)

Editor's note—

Laws of Fla. ch. 79-444 was subject to approval at referendum. The county has advised that the act was approved at referendum.

Sec. 262-332. - Annexation.

There is annexed to and as part of the Marco Island Fire Control District, Collier County, as set out in Laws of Fla. ch. 65-1413, as amended by Laws of Fla. ch. 79-444, the following described land:

All of the geographical island known as Horr's Island, subject to future accretion and reliction, lying and being situate in Township 52 South, Range 26 East, bounded by Caxambas Bay, Barfield Bay, Blue Hill Bay, Blue Hill Creek.

(Laws of Fla. ch. 90-464, § 1)

Editor's note—

Laws of Fla. ch. 90-464 was subject to approval at referendum. The county has advised that the act was approved at referendum.

Sec. 262-333. - Nomination of fire district board; advisory committee.

The board shall be nominated by ten freeholders from the district at large whose names shall be attached to a petition supporting their nomination. The petition shall be filed with the county clerk not less than 90 days prior to the scheduled date for election. There shall be elected as provided in section 262-341 a board to consist of three members, elected from the district at large, who shall constitute the Marco Island Fire Control District Board.

(Laws of Fla. ch. 65-1413, § 2; Laws of Fla. ch. 82-282, § 2)

Sec. 262-334. - Election of officers.

Within ten days after the election and qualification of its members, the board shall meet and elect from its membership a president, a secretary and a treasurer, or a secretary-treasurer.

(Laws of Fla. ch. 65-1413, § 3)

Sec. 262-335. - General powers of board.

The business affairs of the district shall be administered and conducted by the board. It shall have the authority to establish, equip, operate and maintain a fire department within the district and 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 and provide emergency 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 emergency rescue services, and for prevention and proper fire protection for the district. The rescue services provided by the district shall not include transportation to a health facility except as authorized herein. The board shall have the authority to borrow money and issue evidences of long-term indebtedness for the singular purpose of capital expenditures, the outstanding total of such indebtedness not to exceed $200,000.00 at any time. The board shall have the authority to borrow money and issue evidences of short-term indebtedness for the singular purpose of maintaining operational expenses in anticipation of receipt of tax proceeds, the outstanding total of such indebtedness not to exceed $50,000.00 at any one time. The board shall have the power to hire and fire necessary firefighting personnel, to inspect all property and investigate for fire hazards and to promulgate rules and regulations for the prevention of fire and for fire control in the district, which shall have the same force and effect as law ten days after copies thereof executed by the president and secretary of the board have been posted in at least three places. The board shall have the authority to enter into agreements with authorized governmental agencies to provide firefighting assistance and emergency rescue services outside the Marco Island Fire Control District to other fire control districts; such rescue service both within and without the district may include transportation to a health facility when authorized by the board of county commissioners of Collier County under emergency conditions as may be prescribed by said board of county commissioners.

(Laws of Fla. ch. 65-1413, § 4; Laws of Fla. ch. 78-491, § 1; Laws of Fla. ch. 80-595, § 1; Laws of Fla. ch. 82-282, § 1; Laws of Fla. ch. 84-415, § 1)

Editor's note—

Laws of Fla. ch. 78-491 was subject to approval at referendum. The county has advised that the act was approved at referendum.

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

Sec. 262-336. - Annual estimate of money needed filed with county; notice.

For the purpose of carrying into effect this law the board shall annually during the month of June, make an itemized estimate of the amount of money required to carry out the provisions of this article for the next fiscal year which shall be from October 1 to and including the next succeeding September 30. The estimate shall have for what purpose the moneys are required and the amount necessary to be raised by taxation within the district, and shall be presented in writing, signed by the president and the secretary to the board of county commissioners of Collier County on or before the first Monday in July of each year. Prior to the presentation of the estimate to the board of county commissioners, copies of the itemized estimate, signed by the president and secretary of the board, shall be posted in at least three public places within the district, and at the time of the presentation of such estimate the board shall also present to the board of county commissioners of Collier County a certificate of the board that copies of such estimate have been posted as provided herein.

(Laws of Fla. ch. 65-1413, § 5; Laws of Fla. ch. 82-282, § 1)

Sec. 262-337. - Annual millage rate of taxes.

Upon receipt of such estimate and certificate of posting the board of county commissioners shall cause the same to be recorded in the minutes of the county commissioners' meeting, and at the time of making and fixing the rate of annual taxation for county purposes, shall fix and cause to be levied on all property of the district real and personal a millage sufficient to meet the requirements of the estimate; provided, however, the total millage shall not exceed one mill.

(Laws of Fla. ch. 65-1413, § 6; Ord. No. 69-6, § 1; Ord. No. 71-6, § 1; Laws of Fla. ch. 78-491, § 1)

Editor's note—

Laws of Fla. ch. 78-491 was subject to approval at referendum. The county has advised that the act was approved at referendum.

Sec. 262-338. - Assessment and collection of taxes.

Taxes herein provided for shall be assessed and collected in the same manner and form as provided for the assessment and collection of county taxes and subject to the same commission and fees for assessing and collecting as for the assessment and collection of county taxes except as herein otherwise provided. The tax collector shall on or before the tenth day of each month report to the secretary of the board the collection made for the preceding month and remit same to the treasurer of the board.

(Laws of Fla. ch. 65-1413, § 7)

Sec. 262-339. - Impact fees.

The district board may allow for the collection of impact fees for capital improvement on new construction within the district.

(1)

Impact fees for capital improvement:

a.

It is hereby found and determined that Collier County is located in one of the fastest growing areas in the nation. New construction and resulting population growth is placing a strain upon the capabilities of the district to continue to provide the high level of professional fire protection and related emergency services, for which the residents of the district pay and which they deserve.

b.

It is readily apparent that additional equipment and facilities will be needed to meet the expanded commercial and residential growth within the district, at a cost beyond that which can be provided from current and anticipated ad valorem tax revenues assessed, collected, and received by the district.

c.

It is hereby declared that the cost of new facilities and equipment for fire protection and related emergency services shall be borne by new users of the district's services to the extent that new construction requires new facilities and equipment, but only to that extent.

d.

It is therefore the legislative intent of this section to transfer to the new user of the district's fire protection and related emergency services a fair share of the costs that new users impose on the district for new facilities.

e.

It is hereby declared that the amounts of impact fees for capital improvement provided for in this section are just, reasonable, and equitable.

No person shall issue or obtain a building permit for new residential dwelling units or new commercial or industrial structures within the district, or issue or obtain construction plan approval for new mobile home developments located within the district, until the developer thereof shall have paid the applicable impact fee for capital improvement to the district hereinafter set forth.

(2)

Impact fees for capital improvement to be assessed and collected hereunder shall not exceed the following:

a.

Each new residential dwelling unit: $0.15 per square foot of living area.

b.

New commercial or industrial structures: $0.30 per square foot of usable area.

c.

New mobile home developments: $0.15 per square foot of permitted living area.

1.

Living area shall be defined as that area of any structure that is covered by a roof.

2.

Permitted living area shall be 25 percent of the area covered by the individual lots.

(3)

For the purpose of this section, each unit of any multifamily structure, whether it be a duplex, triplex, cooperative apartment, or condominium or similar type structure shall be considered and shall constitute a residential dwelling unit.

(4)

For the purpose of this section, motels, hotels, shopping centers, churches, nursing homes, hospitals, congregate living facilities (when not part of an actual residence), schools, fraternal lodges, veterans' lodges, or similar type structures shall be considered commercial structures.

(5)

Impact fees for capital improvement collected by the district pursuant to this section shall be kept and maintained as a separate fund from other revenues of the district and shall be used exclusively for the acquisition, purchase, or construction of new facilities and equipment, or portions thereof required to provide fire protection and related emergency services to new construction. "New facilities and equipment" means buildings and capital equipment including, but not limited to, such fire and emergency vehicles and communications equipment as may from time to time be deemed necessary by the district to provide fire protection and related emergency services to the areas of new construction.

(6)

The impact fees for capital improvement collected hereunder shall not be used for the acquisition, purchase, or construction of facilities or equipment which must be obtained in any event to meet the needs of the district, regardless of growth within the district.

(7)

The board of fire commissioners shall maintain adequate records to ensure that impact fees for capital improvement collected hereunder are expended only for permissible new facilities or equipment.

(8)

The district board shall determine the maximum amount of impact fees to be assessed in any one fiscal year. This determination shall be made prior to the immediately succeeding fiscal year. However, should the district board authorize the collection of impact fees in an amount less than the maximum allowable hereunder, then these fees shall be uniform in each type of new construction subject to the fee. The district board's determination of the amount of the impact fee to be assessed in any one fiscal year shall be based on the requirements set forth in this section.

(9)

The impact fee for capital improvement called for in this section may be reduced by 50 percent if the owner of the permitted structure will install fire sprinklers in accordance with NFPA Pamphlet 13 and 13D. Only full sprinkler coverage is applicable for this reduction.

(10)

The board of fire commissioners shall, prior to assessing and collecting said fees, pass a resolution by a majority vote authorizing the collection of said fees subject to a referendum of registered voters of the district, voting in favor of said resolution by a majority of votes cast.

(Laws of Fla. ch. 65-1413, § 5; Laws of Fla. ch. 89-456, § 1)

Editor's note—

Laws of Fla. ch. 89-456 was subject to approval at referendum. The county has advised that the act was approved at referendum. As such act stated that § 5 was added to Laws of Fla. ch. 65-1413, the act has not been treated as superseding or amending existing § 5, given the disparity in subject matter.

Sec. 262-340. - Finances; payments by treasurer; bond; semiannual report.

All warrants for the payment of labor, equipment, materials and other allowable expenses incurred by the board in carrying out the provisions of this article shall be payable by the treasurer of the board on accounts and vouchers approved by the board. The treasurer of the board when entering upon his duties shall give a good, and sufficient bond to the governor in the sum of $10,000.00 for the faithful performance of his duties. The treasurer shall on or before April 10 and October 10 of each year make a written semiannual report of receipts and expenditures of the funds of the district to the board. He shall furnish a copy of the report of the board of county commissioners.

(Laws of Fla. ch. 65-1413, § 8)

Sec. 262-341. - Election of board members.

Upon the board of county commissioners having filed a petition requesting an election as provided in section 9 [not codified] signed by not less than 15 freeholders of the district it shall call an election as by law required for holding such elections, and the election shall be called as soon as practicable after the receipt of the petition and shall be in all respects conducted as provided by law. At such election three resident freeholders of the district shall be elected as the Marco Island fire control board, at which election the two candidates receiving the highest and second highest number of votes shall be elected to serve until the general election, 1970, the candidate receiving the third highest shall be elected to serve until the general election of 1968, and thereafter board members shall be elected as are other county officers to serve for terms of four years. The costs of such election shall be paid from the funds of the district.

(Laws of Fla. ch. 65-1413, § 10)

Sec. 262-342. - Liberal construction.

This article shall be construed as a remedial act and shall be liberally construed to promote the purpose for which it is intended.

(Laws of Fla. ch. 65-1413, § 11)

Secs. 262-343—262-365. - Reserved.