Fort Walton Beach Ordinance — 1810 amend chpt 4.02 cost of 1st responder — reading text

ORDINANCE 1810 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING EXTRAORDINARY CHAPTER 4. 02, EXPENSES FOR EXTRAORDINARY SERVICES TO EXCLUDE COST RECOVERY FOR FIRE SERVICES RELATED TO MOTOR VEHICLES; AMENDING FIRE SERVICES SECTION OF THE CITY' S COMPREHENSIVE FEE SCHEDULE; AND SETTING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOllOWS Section 1. Authority & Intent The authority for enactment of this ordinance is pursuant to the powers for the City of Fort Walton Beach, provided in section 2 of the City Charter, the Code of Ordinances, and Section 166. 021( 1), of the Florida Statutes ( 2007). Section 166. 0446, Prohibition of fees for first responder services, of the Florida Statutes, became effective on July 1, 2009. That Section provides: 1) A municipality may not impose a fee or seek reimbursement for any costs or expenses that may be incurred for services provided by a first responder, including costs or expenses related to personnel, supplies, motor vehicles, or equipment in response to a motor vehicle accident, except for costs to contain or clean up hazardous materials in quantities reportable to the Florida State Warning Point at the Division of Emergency Management, and costs for transportation and treatment provided by ambulance services licensed pursuant to s. 401. 23( 4) and ( 5). 2) As used in this section, the term " first responder" means a law enforcement officer as defined in s. 943. 10, a firefighter as defined in s. 633. 30, or an emergency medical technician or paramedic as defined in s. 401. 23 who is employed by the state or a local government. A volunteer law enforcement officer, firefighter, or emergency medical technician or paramedic engaged by the state or a local government is also considered a first responder of the state or local government for purposes of this section." This ordinance is intended to reconcile certain provisions of the City' s Code of Ordinances regarding Extraordinary Expenses for Extraordinary Services as a result of the newly enacted section 166. 0446, Fla. Stat. (2009). Section 2. Amendment of Chapter 4.02, Extraordinary Expenses and Services Chapter 4. 02, Extraordinary Expenses for Extraordinary Services, is amended as follows: Sec. 4. 02. 01 Extraordinary Expense, Defined. An extraordinary expense shall be that expense, and those related costs and fees, that are incurred by the city for any extraordinary services, but not limited to the city's actual cost of labor and ehicle materials associated with the use of any fire suppression or ~..' accident reco~.( ery equipment, specialized extinguishing or abatement agent, chemical, neutralizer, or similar equipment or materials that are employed to extinguish, confine, neutralize, contain, or clean any hazardous material that is or may be involved in a fire, spill, or the threat of any fire, spill, or any construction that may be needed to repair or correct the situation. Sec. 4. 02.03. Liability for Expenses. Any person that requires extraordinary service shall be liable for any and all extraordinary expenses that are incurred by the city as a result of providing such extraordinary service. Such extraordinary expenses shall be assessed and collected as set forth in this division. When insurance coverage is available for any building, dwelling, structure, ~ Jehicle, or other article that has been involved in a fire, 9F in': ol~:ed in or causes an accident, and for which fire suppression, medical care, extrication, or related services were provided, the City shall file a claim with the insurer to recover the costs of the services provided. Section 3. Amendment to Comprehensive Fee Schedule The Comprehensive Fee Schedule, Fire Services, shall be amended to remove charges as consistent with this ordinance. Section 4. Effective Date This ordinance shall take effect upon adoption by the Council. Ado ted 6/ a~~ kh ffiA- Mike Anderson, Mayor Ord. 1810 ATTEST: Approved for form and legal sufficiency. c~ Helen Spencer, ity Clerk New language is underlined Deleted language is &tricken Codification Instructions: Sections of this Ordinance to be Codified: Section II Placement: Amends Volume II, Chapter 4. 02 as stated. DISPOSITION Ord. 1810  City of Fort Walton Beach Comprehensive Fee Schedule De~ Hment andlor Resolution Fee Description Current Rate Proposed Rate Number & Date rvlce S& FIRE SERVICES Sawzall $ 205. 00 No Change Res. 2006-30 12/12/06 SCBA Cylinder $ 880. 00 No Change Res. 2006-30 12/12/06 SCBA Mask $ 241. 00 No Change Res. 2006-30 12/12/06 SCBA Pack w/ Cylinder $ 4, 320.00 No Change Res. 2006-30 12/12/06 Shovel $ 29. 00 No Change Res. 2006-30 12/ 12/06 42.00 No Change Res. 2006-30 12/12/06 Sledge Hammer $ 30. 00 No Change Res. 2006-30 12/12/06 Spanner Wrench $ 5, 664.00 No Change Res. 2006-30 12/12/06 Spreader $ 44.00 No Change Res. 2006-30 12/12/06 Suspenders $ Thermal Camera $ 12, 000. 00 No Change Res. 2006-30 12/12/06 TNT Tool $ 194. 00 No Change Res. 2006-30 12/12/06 Wildland Goggles $ 33.00 No Change Res. 2006-30 12/12/06 Wildland Helmet $ 42. 00 No Change Res. 2006-30 12/12/06 Wildland Jacket $ 80. 00 No Change Res. 2006-30 12/12/06 Wildland Pants $ 75. 00 No Change Res. 2006-30 12/12/06 Cost ReGo" er-y, Use of EqYipmeRt Motor " el:1lGle AGGideRts 12 leae ~4eRiter $ W, OO- Eliminate cer Ordinance 1810 Ord 1810 09/08/09 iR" ay Sl:IstieR $ W, OO- Eliminate cer Ordinance 1810 Ord 1810 09/08/ 09 I:Itematis Extemal QefieFillater $ W, OO- Eliminate cer Ordinance 1810 Ord 1810 09/08/ 09 QaskeeaFe $ 20.00- Eliminate cer Ordinance 1810 Ord 1810 09/08/09 BI'99ffi ~ Eliminate cer Ordinance 1810 Ord 1810 09/08/ 09 C Cellar J>lesk ImmeeilizatieR $ 20.00- Eliminate cer Ordinance 1810 Ord 1810 09/08/09 Per !o4el: lr Usea $ 20.00-