§ 4-3-168. Limited authority to borrow, to contract, to appoint fire marshal.

The board of commissioners shall, in addition to all other powers vested in them under the provisions of this act [this article] or by the laws of the State of Florida, have the following powers and authorities, which said powers and authority may be exercised in the discretion of [the] board of commissioners for the purpose of carrying out the purposes of the district:

(A)

To acquire by gift or purchase lands or rights in lands, and any other property, real and personal, tangible or intangible, necessary, desirable or convenient for carrying out the purposes of the district, and to pay any and all costs of same out of the funds of the district; provided that prior to the acquisition of the location of a fire station site, an appropriate investigation shall be conducted which shall include, but not be limited to, obtaining the staff recommendation of the Sarasota or Charlotte County Planning Department, the approval of the board of county commissioners of Sarasota or Charlotte County as evidenced by a certified copy of a duly adopted resolution, and the written recommendation of the Southeastern Underwriters Association or such an association as is charged with the responsibility of advising, setting and determining fire insurance rates in the area concerned.

(B)

To enter into contracts as to otherwise join with any other district, city, town, the United States of America, or any agency or authority thereunder, for the purpose of expanding services providing effective mutual aid and accomplishing and carrying out the purposes for which the district was created and for the further purpose of specifically obtaining financial aid, assistance or subsidy.

(C)

To borrow money and issue certification of indebtedness pledging the full faith, taxing and assessment power of the district for the payment of the principal and interest on such certificates of indebtedness; the issuance of same shall be approved by the qualified electors residing in the district in an election called, noticed, and held in the manner provided by general law for the holding of bond elections.

(D)

To borrow money and issue certificates of indebtedness in an amount not to exceed two hundred thousand dollars ($200,000.00) and to pledge the assessments authorized in section 4 [section 4-3-164] for the payment of the principal and interest on such certificates of indebtedness. Said certificates of indebtedness may be repaid over a period not to exceed twenty (20) years and shall bear interest at a rate not to exceed the maximum amount permitted by law. The certificate of indebtedness authorized under this subsection may be issued without the necessity of approval by referendum election.

(E)

To appoint a fire marshal who shall be a person experienced in all types of fire fighting and fire prevention and who shall work with and cooperate with the Florida state forestry service in which the district is situated in the prevention of fires of all types. The district fire marshal shall be authorized to enter, at all reasonable hours, any building or premises for the purpose of making any inspection or investigation which the State Fire Marshal is authorized to make pursuant to state law and regulations. The owner, lessee, manager, or operator of any building or premises shall permit the district fire marshal to enter and inspect the building or premises at all reasonable hours. The district fire marshal shall report any violations of state fire safety law or regulations to the appropriate officials.

(F)

To borrow money for the purposes of the district in an amount not to exceed fifty (50) percent of the total assessments in any one (1) year, and to also borrow money for the repair, erection or construction of fire stations or fire substations upon those terms and conditions then currently available through savings and loan associations to conventional builders, borrowers or contractors. Neither the district commissioners as a body, nor any one (1) of them as an individual, shall be personally or individually liable for the repayment of any loan. Such repayment shall be made out of the receipts of the district and the district commissioners shall not create any indebtedness or incur obligations for any sum or amount which cannot be repaid out of district funds. However, the board of commissioners may purchase equipment for the erection of fire stations on an installment basis as necessary, if funds are available for the payment of the debt service installments on such equipment or building loans, plus the amount due in that year on any other installments and the repayment of any bank loans or other existing indebtedness which may be due that year.

(Laws of Fla., Ch. 82-381, § 8)

State law reference

Bond elections, F.S. § 100.201 et seq.; county bonds, F.S. Ch. 130.