Fire District Attorney Presents New Plan

BROOKSVILLE - An attorney for the Spring Hill Fire Rescue District proposed Tuesday that the county bypass the previously agreed-upon referendum method seeking department independence by appealing directly to the state Legislature.

That would eliminate the need for two separate referendums and simplify the process, he said.

However, county commissioners were lukewarm about the idea and disappointed it was a last-minute inclusion to the agenda.

Attorney Fabian Lokenauth wanted commissioner approval to directly lobby the Legislature in the district's attempt to become an independent special fire department.

"As you already know, (Spring Hill Fire) has sought independence for some time now but two of the issues which have delayed the process (are) the style of the ballot language and the decision to hold a special referendum," Lokenauth said.

But those issues are eliminated if county commissioners grant permission for Spring Hill to approach the Legislature, Lokenauth said.

Lokenauth stressed that Spring Hill Fire does not wish to withdraw its request for a special referendum and the previously agreed-to ballot language contained in the ordinance, which had been slated for discussion May 6.

While commissioners didn't back the new plan Tuesday, they did agree to postpone the public hearing to discuss the fire district ordinance.

Instead of May 20 - as tentatively proposed - the hearing will occur on June 17.

Should both sides not reach agreement at that time, the existing language of the referendum and the process would go ahead.

Commissioner Rose Rocco said county legal staffers have been working on this for months, there has been a public hearing and the majority of board members voted in favor of a referendum.

"To change everything now is not fair to the general public," Rocco said.

The people of Spring Hill also expressed their desire to have a referendum, she said.

"That was the decision made early on, and I think it was a fair decision," Rocco said. "It was a referendum to begin with, and it should be a referendum now."

Rocco said fire district officials will have ample time to lobby their residents and educate them about fire district independence.

Commissioner Jeff Stabins said he was disappointed this last-minute proposal came up at a public hearing.

"I'm disappointed," he said. "I don't understand it, to be honest with you."

According to the county legal office, the process works as follows:

If a majority of Spring Hill voters vote in favor of creating an independent fire district, the issue then moves to the state Legislature.

It is the Legislature that must approve a special act in order to create the district. If that entity passes the special act, the independent fire district will come into being.

But that doesn't end the process. After the creation of the independent fire district, 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.

Lokenauth argued that it would be time consuming to the fire district to have to spend money advertising for more than one referendum and have to continue lobbying.

"What we want to do is have one simple process," he said.

Commissioner David Russell doubted the direct appeal to the Legislature would work. There is a process that must be followed in obtaining independence and that is via the referendum, he said.

Fire District Union President Troy Hagar said there is no attempt to circumvent the will of the people. The idea was to simplify matters by eliminating the need for voters to go to the polls twice to vote on independence.

"We wanted to consolidate all this into one step," Hagar said.