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Hernando Today

Fire Vote Redo Not Likely

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By MICHAEL D. BATES

The Tampa Tribune

Published: December 13, 2008

Hernando Today

BROOKSVILLE - Spring Hill residents went to the polls in November and voted overwhelmingly to make their fire district independent.

But a question came up at Wednesday's Spring Hill Fire Rescue District meeting whether that vote was nonbinding and residents will have to do it all over again.

When asked Wednesday night by a fire commissioner whether the people will have to vote a second time on the question of independence, the district's attorney Andrew Salzman responded that "we might have to."

Rep. Robert Schenck said Friday that people in Spring Hill will not be asked to vote on independence a second time.

But the situation does require a bit of explaining.

Yes, the vote was nonbinding. In fact, it said so right on the ballot.

Will people have to go to the polls again: Yes, but not for the reason some believe.

Although a majority of Spring Hill residents favor independence, the fire district doesn't attain that status until the Florida Legislature writes a bill that creates an independent fire district overseen by the state.

"As a purely technical matter, the legislature is under no obligation to create an independent fire district," Assistant County Attorney Jon Jouben said Friday. "That is why the ballot reflected that the referendum was nonbinding."

The state legislature could find some reason to reject the referendum vote, but that is not considered politically prudent.

The local legislative delegation, headed up by state Reps. Schenck and Ron Schultz, Sen. Mike Fasano and Sen. Paula Dockery, will have to approve going forward with an independence bill.

The bill goes before the legislature where lawmakers are expected to support the wishes of the people, Schenck said.

But even if the state legislature approves the act creating an independent fire district, the process is not over.

There would be another referendum to approve any ad valorem millage levy. The outcome of the second referendum would not affect the existence of a newly created district - only the district's ability to levy property taxes.

That second election could be in 2009 or 2010.

Spring Hill Fire Chief Mike Rampino said Friday he doesn't see the need for voters to be asked to vote on independence a second time, especially if the legislature agrees to create the special district.

Reporter Michael D. Bates can be reached at 352-544-5290 or mbates@hernandotoday.com.

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