ARTICLE V. - IMMOKALEE FIRE CONTROL DISTRICT [231]


Sec. 262-166. - Created, boundaries.

There is hereby made, created and established the Immokalee Fire Control District, an independent special district, hereinafter referred to as the district, through the codification and reenactment of the district's several legislative enactments, which shall include the following described lands:

Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36 of Township 46 South Range 28 East and Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36 of Township 46 South Range 29 East and Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36 of Township 46 South Range 30 East and Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36 of Township 47 South Range 29 East and Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36 of Township 47 South Range 30 East and Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 of Township 48 South Range 29 East and Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36 of Township 48 South Range 30 East. All of said land being located in Collier County as set forth in public records thereof.

(Laws of Fla. ch. 2000-393, § 3)

Sec. 262-167. - Governing body.

The district shall be governed by a board which shall consist of five resident electors of the district elected by a vote of the electors of the district pursuant to the laws of Florida, as said laws may be amended from time to time.

(Laws of Fla. ch. 2000-393, § 3)

Sec. 262-168. - Officers; powers.

Within 60 days after the election of members of the board, the members shall meet and elect from the membership a chairman, a vice-chairman, a secretary, and a treasurer; provided, however, the same member may be both secretary and treasurer. The district shall have and the board may exercise those general and special powers prescribed by F.S. Ch. 191, or any other applicable general laws or special laws, as said laws may be amended from time to time.

(Laws of Fla. ch. 2000-393, § 3)

Sec. 262-169. - Emergency medical and rescue response services.

The district is authorized to establish and maintain emergency medical and rescue response services and acquire and maintain rescue, medical, transport, and other emergency equipment, as prescribed by general law and special law, as said laws may be amended from time to time.

(Laws of Fla. ch. 2000-393, § 3)

Sec. 262-170. - Policies, rules and regulations, and fire code.

The board is authorized to make and adopt policies, rules, regulations, and a fire code for the prevention of fires, for fire control, and for the provision of rescue services within the district. Such policies, rules, regulations, and fire code shall be adopted in accordance with applicable general law and special law, as said laws may be amended from time to time.

(Laws of Fla. ch. 2000-393, § 3)

Sec. 262-171. - Taxes; non-ad valorem assessments; impact fees; user charges.

(a)

Generally. The district board shall fix and cause to be levied on all property of the district, a millage sufficient to meet the requirements of the adopted budget; provided, however, two mills is the maximum that can be levied in any ine year, except as provided in F.S. Ch. 191, or any other applicable general laws or special laws, as said laws may be amended from time to time. In addition, the district shall have such authority to levy non-ad valorem assessments and charge impact fees and user charges as prescribed herein and in F.S. Ch. 191, and all other applicable general laws or special laws, as said laws may be amended from time to time.

(b)

Impact fees.

(1)

The general-purpose local government for Collier County, within which the district lies, has not adopted an impact fee for fire services which is distributed to the district for construction within the district's jurisdictional boundaries. Because of the population growth and resulting new construction within the jurisdictional boundaries of the district, the legislature recognizes the district's need to impose impact fees for new construction to pay for the cost of new facilities and equipment, the need for which is in whole or in part the result of said new construction.

(2)

The district board has the right, at its sole discretion, to establish a schedule of impact fees in compliance with any standards set by general law or special law, as said laws may be amended from time to time, for new construction to pay for the cost of new facilities and equipment of the district, the need for which is in whole or in part the result of new construction within the jurisdictional boundaries of the district. The impact fees collected by the district under this subsection shall be kept separate from other revenues of the district and must be used exclusively to acquire, purchase, or construct new facilities or portions thereof needed to provide fire protection and emergency services to new construction. As used in this subsection, "new facilities" means land, buildings, and capital equipment, including, but not limited to, fire and emergency vehicles, radio telementry equipment, and other firefighting or rescue equipment. The district board shall maintain adequate records to ensure that impact fees are expended only for permissible new facilities or equipment as allowed by general law and special law, as said laws may be amended from time to time.

(Laws of Fla. ch. 2000-393, § 3; Laws of Fla. ch. 2001-330, § 1)

Secs. 262-172—262-200. - Reserved.



FOOTNOTE(S):


(231) Editor's note— Laws of Fla. ch. 2000-393, § 3, amended Art. V in its entirety to read as herein set out. Former Art. V, §§ 262-166—262-180, pertained to similar subject matter and derived from Laws of Fla. ch. 30666 (1955), §§ 1—16; Ord. No. 69-4, § 1; Ord. No. 71-5, § 1; Laws of Fla. ch. 78-490, § 1; Laws of Fla. ch. 80-485, § 1; Laws of Fla. ch. 88-513, § 1; Laws of Fla. ch. 91-368, § 1. (Back)