§ 4-3-170. Expansion of district, referendum required, procedure.

(a)

The board of commissioners shall have the power and authority to determine whether or not expansion of the district is in the best interests of the district. Said board shall have the power and authority to delineate the additional areas to be annexed and determine the amount of the initial service extension fee to be charged for the extension of services into any newly annexed area. The service extension fees shall be equal to the prorated share of the fair market value of the capital assets of the district as of the date of the proposed annexation. The initial service extension fees shall be equitably divided and assessed against the property to be annexed and collected in the same manner as other assessments for district services are collected and shall become a lien against the property so annexed and collected in the same manner and at the same time as the collection of annual assessments for benefits. The procedure to be followed to accomplish annexation shall be as follows:

(1)

The board of fire commissioners shall adopt a resolution determining that an area should be annexed, said resolution to include a legal description of said area and set forth the proposed initial service extension fees and their allocation among the property to be benefited and further calling of two (2) referendum elections, one (1) to be held within the district and the other to be held within the area proposed to be annexed.

(2)

Said resolution, upon adoption, shall be forwarded to the board of county commissioners of Sarasota and/or Charlotte County and the supervisor of elections of both counties.

(3)

A referendum election shall be called and held pursuant to the general election laws of the State of Florida with separate elections to be held in the district and within the area to be annexed on the question of whether or not annexation shall be accomplished.

(4)

The annexation will take effect only if approved by a majority of the electors voting in the district and a majority of the voters in the area to be annexed.

(5)

The annexation shall take effect immediately upon approval by the electors in both elections; however, the district may, within its discretion, defer providing services to the annexed area until January 1 of the year following the levy, assessment and collection of initial service extension fees and the annual assessments within the area annexed.

(6)

The district shall pay all election costs.

(b)

The Sarasota and Charlotte County property appraiser and tax collector are hereby authorized and directed to provide the necessary services in connection with the preparation of the assessment roll, billing, collection and disbursement of the initial services extension fee as well as annual assessments for the annexed area. The fee for said services shall be as heretofore provided under this act [this article].

(Laws of Fla., Ch. 82-381, § 10)