Miami-Dade Legislative Item
File Number: 031144
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File Number: 031144 File Type: Ordinance Status: Adopted as amended
Version: 0 Reference: 03-69 Control:
File Name: ABOLISH FIRE BOARD AMEND SEC 2-182, 2-183, CH 18 ART II Introduced: 4/18/2003
Requester: NONE Cost: Final Action: 4/8/2003
Agenda Date: 4/8/2003 Agenda Item Number: 6E
Notes: THIS IS FINAL VERSION AS ADOPTED. (also see 022937) Title: ORDINANCE IMPLEMENTING THE SEPTEMBER 10, 2002 AMENDMENT TO THE COUNTY CHARTER ABOLISHING THE FIRE BOARD; AMENDING SECTION 2-182, 2-183, AND CHAPTER 18, ARTICLE II OF THE CODE OF MIAMI-DADE COUNTY, RELATING TO THE MIAMI-DADE COUNTY FIRE DEPARTMENT AND THE PROVISION OF FIRE AND RESCUE SERVICES; PROVIDING FOR THE COUNTY COMMISSION TO BE THE GOVERNING BODY OF THE DISTRICT; PROVIDING MUNICIPAL OPTIONS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE
Indexes: CHARTER AMENDMENTS
  FIRE BOARD
Sponsors: Dennis C. Moss, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

County Attorney 4/18/2003 Assigned Lee Kraftchick

Board of County Commissioners 4/8/2003 6E Adopted as amended P
REPORT: Commissioner Heyman noted the Miami-Dade Fire Rescue Department request for deferral of the foregoing proposed ordinance. She pointed out the County do not intend to change the practice of allowing the Fire Chief to choose the command staff which has always been appointed positions. Mr. Stan Hill, representing the Miami-Dade County firefighters, to discuss items that were part of the previous ordinance pertaining to leasing and purchasing that made the Department more efficient which are leaving with this. He noted discussion was held with Commissioner Heyman and Assistant County Attorney Lee Kraftchick who would prepare a draft legislation to address those issues. Mr. Hill concluded by stating that the firefighters did not object to the foregoing item but suggested that annexed lands be included. County Manager Steve Shiver stated the foregoing proposed ordinance would treat the Fire department as any other County department. In response to Commissioner Rolle's request for a clarification on the foregoing ordinance, County Manager Shiver indicated since the abolishment of the Fire Board this proposal would conform the Fire Department to the County's organization. Assistant County Attorney Kraftchick discussed the previous language that allowed the Fire Board and the Fire Chief to appoint their own staff and noted that language was changed back to its original language before the Fire Board existed which was the same language being presented today. Commissioner Moss stated today's proposal would make the Fire Department consistent with other County departments. The Board adopted the foregoing proposed ordinance as amended by First Assistant County Attorney Murray Greenberg to correct a scrivener's error to Section 18-30(a) so that it read "...with the exception those municipalities created with the conditions that they remain a part of the Miami-Dade County Fire Rescue District..."

Legislative Text


TITLE
ORDINANCE IMPLEMENTING THE SEPTEMBER 10, 2002 AMENDMENT TO THE COUNTY CHARTER ABOLISHING THE FIRE BOARD; AMENDING SECTION 2-182, 2-183, AND CHAPTER 18, ARTICLE II OF THE CODE OF MIAMI-DADE COUNTY, RELATING TO THE MIAMI-DADE COUNTY FIRE DEPARTMENT AND THE PROVISION OF FIRE AND RESCUE SERVICES; PROVIDING FOR THE COUNTY COMMISSION TO BE THE GOVERNING BODY OF THE DISTRICT; PROVIDING MUNICIPAL OPTIONS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:


Section 1. Sections 2-181 and 2-182 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 2-181. Established; fire chief; appointment, term, compensation; organization; employees.

A Miami-Dade County Fire >>and Rescue<< Department is hereby established. The head of this Department shall be the Fire Chief>>, who shall be known by the title Miami-Dade County Fire Chief.<< [[appointed by the Miami-Dade Fire Board in accordance with Section 18-29(b) of the Code.]] The organization and operating procedures of the Department shall be described in administrative orders and regulations of the Manager [[and the Miami-Dade Fire Board.]] The Manager shall in accordance with the Code and Personnel Rules appoint such employees and other personnel as may be necessary to operate the Department [[except that the Fire Chief shall appoint the Department's command staff and the Fire Board shall appoint its immediate staff. The salaries, compensation and benefits of the Fire Chief shall be fixed by the County Manager with recommendation from the Fire Board. The salaries, compensation and benefits of those employees appointed by the Chief shall be fixed by the Chief. The salaries compensation and benefits of the employees appointed by the Fire Board, other than the Chief, shall be set by the Fire Board.]] The salaries, compensation and benefits of all employees [[within the classified service]] shall be fixed by the County Commission upon recommendation of the Manager.

Sec. 2-182. Powers and duties; authority to enter into mutual fire protection agreements.

(a) The [[Metropolitan]] >>Miami-<
(1) Provide fire and rescue protection in the unincorporated area of the County and other areas of the County as directed by the [[Metro Dade Fire Board]] >>Board of County Commissioners.<< [[pursuant to Chapter 18, Article II, of the Dade County Code.]]

(2) Maintain County fire stations and firefighting equipment.

(3) Provide central records, investigations and communications of fire protection and require each municipality to furnish the Department with all fire records prescribed by the [[Metropolitan ]] >>Miami-<
(4) Perform such additional duties as may be prescribed by ordinance or by administrative orders and regulations of the Manager [[or the Fire Board]].

>>(b) The County Manager shall have the power to enter into agreements with one (1) or more municipalities in Miami-Dade County to provide fire protection within such municipalities by the Miami-Dade County Fire Department, such agreement to have the prior approval of the Board of County Commissioners of Miami-Dade County.<<

Section 2. Article II of Chapter 18 of the Dade County Code is hereby repealed and replaced with the following:
>>Article II: Miami-Dade Fire and Rescue Service District

Sec. 18-24. Creation and Continuance of District.

The special district known and designated as the Metro Dade Fire and Rescue Service District (hereinafter referred to as "the District") created and established in Dade County, Florida by Ordinance No. 80-86 shall continue in existence, as modified by the remainder of this ordinance. The District shall be known henceforth as the Miami-Dade Fire and Rescue Service District.

Sec. 18-25. Boundaries.

The initial boundaries of the District shall be the geographic boundaries of Miami-Dade County, excluding any municipality which opted out of the Metro-Dade Fire and Rescue Service District created by Ordinance No. 80-86 prior to the date this ordinance was adopted. The District boundaries may change from time to time based upon the exercise of the municipal option provided in Section 18-33.

Sec. 18-26. Service Provided.

The service provided by the District shall include a uniform level of fire and rescue service throughout the District and to those governmental entities which may from time to time contract with the District. The District shall begin the provision of such service within its boundaries on the date this ordinance becomes effective, and shall from that date forth be ready, willing and able to provide a uniform level of fire and rescue service on a countywide basis to all properties and residents within the County.


Sec. 18-27. Revocation of Transfer
of Property in Trust.

The trust created by Ordinance No. 96-28 is dissolved. The County, as the successor in interest, shall have sole possession of all real property, equipment, facilities and resources previously transferred to the District in trust.

Sec. 18-28. Governing Body.

The Board of County Commissioners shall be the governing body of the District.

Sec. 18-29. District Budget and Ad Valorem Tax.

The annual budget for the District shall be adopted by the Board of County Commissioners in such manner as may be provided by law. The County shall levy an annual ad valorem tax not to exceed three (3) mills upon all taxable property within the District, The tax shall be assessed, levied and collected, in the manner provided by law.

Sec. 18-30. Municipal Option to Provide Alternative
Service.

(a) With the exception of those municipalities created with the condition that they remain a part of the Miami-Dade Fire-Rescue District in perpetuity, any municipality which is a member of the District as of the effective date of this ordinance, may provide an alternative means of delivering fire and rescue services within the municipality, provided the alternate means is approved by a majority of that municipality's citizens voting on that issue. Municipal action under this provision shall remove the municipality from the District as provided in subsection (c) below.

(b) Any municipality which exercises the option provided in subsection (a) may subsequently determine to join the District through the enactment of an ordinance adopted by a two-thirds vote of its governing body.

(c) Any election, ordinance or resolution enacted pursuant to subsection (a) or (b), subsequent to September 26, 1994, shall not be applicable to the District until the next succeeding fiscal year and only if a certified copy thereof is submitted to the District at least six (6) months prior to the beginning of said fiscal year.

(d) If any municipality chooses to exercise the options provided under (a) or (b) of this subsection, the boundaries of the District shall be automatically adjusted accordingly; provided, however, that property within any municipality exercising such option shall continue to be subject to any outstanding indebtedness or obligations of the District until such indebtedness or obligations are no longer outstanding with respect to such property.

Sec. 18-31. Municipalities Contracting with District for Additional Services.

Any municipality may contract with the District for the delivery of additional fire and rescue services. Any services provided by the District in accordance with any such contract shall be in addition to the fire and rescue services provided under Section 18-26.

Sec. 18-32. Existing Indebtedness.

Notwithstanding any other provision of this Ordinance, any indebtedness incurred by the District or by the County on the District's behalf prior to the enactment of this ordinance shall continue to be an obligation of the property within the District at the time the indebtedness was incurred; provided, however, that such obligation shall cease when the indebtedness is no longer outstanding or adequate provisions are made for its repayment.

Sec. 18-33. Other Chapter Provisions not Applicable.

Notwithstanding any other provision of Chapter 18, the District shall be governed solely by this Article II and Chapter 2, Article XXI of the Code.


Sec. 18- 34. General Provisions of the District.

It is the intent of the Board of County Commissioners to set forth in this chapter the functions and responsibilities of the Miami-Dade Fire and Rescue Service District created by Ordinance No. 80-86. The District described herein shall continue to be subject to modification or abolishment in whole or in part by duly enacted ordinance of the Commission.<<


Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
Section 6. This ordinance does not contain a sunset provision.
1Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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