The Upper Captiva Fire Protection and Rescue Service District was re-enacted under Chapter 2004-470, House Bill 1717 and approved by the Governor on June 17, 2004, replacing Chapter 90-397 as previously codified, reenacted, amended, and repealed. As stated in Chapter 2004-470:
- The boundaries of the Upper Captiva Fire Protection and Rescue Service District are "All that part of North Captiva Island lying in Sections 4, 5, 8, 9, 15, and 16, Township 45 South, range 21 East, and Section 32, Township 44 South, Range 21 East, bounded on the North by Captiva Pass, West by the Gulf of Mexico, South by Redfish Pass, and East by Pine Island Sound."
- The purpose of the Upper Captiva Fire Protection and Rescue Service District is to "establish and maintain fire suppression and control services; provide emergency medical services and rescue response services; acquire and maintain fire stations and equipment pursuant to law; acquire and maintain rescue, medical, and other emergency equipment pursuant to the provisions of chapter 401, Florida Statutes, and provide or obtain any certificate of public convenience and necessity or its equivalent issued thereunder; employ such personnel and engage services of such persons as are deemed necessary for the proper function and operation of the district; provide or require maintenance of roadways, rights-of-way, alleyways, and pathways and docking facilities for fire safety and rescue purposes and to impose fees, impact fees, or assessments upon real property for such purposes; and adopt ordinances and resolutions necessary to conduct district business, provided that they are not in conflict with any ordinances of Lee County."
- The fiscal year begins on "October 1 of each year and extends until September 30 of the ensuing year." As part of the budgeting process, the District imposes:
- Ad Valorem taxes, setting the tentative millage rate during each July regular meeting, holding a preliminary budget meeting to announce the proposed budget in early September, and approving a final budget for the District by September 30th each year, under Section 191.009, Florida Statutes.
- A Non-Ad Valorem Fire Services Special Assessment was approved by the voters of the District on July 8th, 2014 for up to 10 years, and the District sets the total gross special assessment during each August regular meeting and publishes the final assessment roll, under Sections 191.009 and 191.011, Florida Statutes.
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