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HB 785

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A bill to be entitled

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An act relating to the St. Lucie County Fire District,

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St. Lucie County; amending chapter 2004-407, Laws of

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Florida; revising requirements for the district's

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board of commissioners to borrow money; revising the

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definition of the term "emergency"; providing an

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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Section 1.

Section 6 of section 3 of chapter 2004-407,

Laws of Florida, is amended to read:

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Section 6.

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(1)

Gifts; purchases; loans.—

The board shall have the power and authority to hold,

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control, and acquire, by gift or purchase, for the use of the

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district, any real or personal property and to pay the purchase

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price in installments or deferred payments and to condemn any

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lands needed for the purpose of said district. Said board is

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authorized to exercise the right of eminent domain and institute

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and maintain condemnation proceedings in the same manner as St.

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Lucie County, as other public municipalities under the laws of

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the state, or both.

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(2)

The board is hereby authorized and empowered, in order

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to carry out the purposes of this act, to borrow money not to

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exceed 10 percent of the district's operating budget consistent

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with chapters 189 and 191, Florida Statutes, the uses for which
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HB 785

must be approved by a supermajority of six affirmative votes of

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the board, and the uses may not include normal operational

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expenses; and $1,500,000 in any one year unless the board shall

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issue a resolution that declares a district emergency as defined

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in this section, in which case the board is authorized and

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empowered to borrow money not to exceed the sum of $4 million.

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In no event, however, shall the total of all amounts borrowed

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and unpaid exceed the sum of $5 million. The board is further

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authorized and empowered to issue its promissory notes therefor

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upon such terms and at such rates of interest as said board may

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deem advisable, and said notes shall be a charge upon all

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revenues derived from taxes in that year. If the district votes

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to refinance any debt based on borrowed money authorized under

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this subsection, its refinanced term cannot extend beyond its

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original term.

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(3)

An emergency for the purposes of the St. Lucie County

Fire District is defined as:
(a)

A natural or manmade fire or medical disaster

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involving significant injury, death, or destruction of

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structures and requiring extensive and unforeseen use of

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overtime or additional personnel.

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(b)

A response to a declaration of a local emergency and

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request by St. Lucie County that the district provide emergency

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services, the cost of which exceeds the annual borrowing limit

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of the district.

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(c)

A need to replace or repair fire or emergency medical

vehicles and equipment based on unanticipated and unforeseen

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circumstances, rather than on ordinary wear and tear, for losses

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not covered by insurance.

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(d)

Any other circumstances declared to be an emergency by

a supermajority of six affirmative votes of the board.
(4)

The board of commissioners of the district shall have

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the power and authority to acquire by gift or purchase and to

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pay the purchase price for such firefighting and other equipment

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as deemed reasonably necessary for the protection of property,

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safety of lives, or reduction of fire hazards to the same, in

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the district; to hire firefighting, emergency medical, civilian,

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and other personnel as needed; and to inspect all property and

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investigate for fire hazards and prescribe rules and regulations

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pertaining thereto, including the enforcement of the Florida

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Fire Prevention Code as revised from time to time.

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(5)

The board of commissioners of the district may

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acquire, by gift or purchase, such emergency equipment and

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employ such personnel as may be determined reasonably necessary

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by the board for the operation and maintenance of emergency

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medical service within the district.

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Section 2.

This act shall take effect upon becoming a law.

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