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File #: 16418   
Type: Agenda Item Status: Agenda Ready
File created: 9/5/2025 In control: Board of County Commissioners
On agenda: 9/23/2025 Final action:
Enactment date: Enactment #:
Title: Consideration of Three City/County Interlocal Agreements to Effectuate Planned Consolidation of Fire Rescue
Attachments: 1. Revised - Proposed Interlocal Agreement With City for Fire Consolidation, 2. Redlined Page 2 - Article 2. Consolidation of Services, 3. Insurance Premium Tax, 4. Brooksville Code § 78-51, 5. Brooksville Code § 66-221, 6. Proposed Interlocal Agreement Relating to Pension Matters, 7. DOR Insurance Premium Tax Proceeds by City of Brooksville, 8. Proposed Lease of Fire Station
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Consideration of Three City/County Interlocal Agreements to Effectuate Planned Consolidation of Fire Rescue

 

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BRIEF OVERVIEW

On September 2, 2025, the Board voted to move forward with a merger of the City’s fire department with that of the County. This agenda item seeks the Board’s approval of the three interlocal agreements that are necessary to effectuate the anticipated merger.

 

1.                     Interlocal Agreement between the City of Brooksville and Hernando County Regarding the Consolidation of Fire Rescue Services

 

The Board approved a prior version of this Agreement, which provides for the merger, on September 2, 2025. Prior to its presentation to the City Council, the City’s outside pension counsel requested that a minor change be made to the final sentence of Article 2.3, Pension, which is on the document’s second page. The sentence currently reads: “The City shall take all actions necessary to terminate its existing Fire Pension Plan in accordance with Section 175.361, Florida Statutes.”  The City’s pension counsel requests that the sentence be changed to read as follows: “The City shall take all actions necessary to close its existing Fire Pension Plan in accordance with Florida Statutes.”  Attached hereto please find a redlined copy of page 2 and a clean copy of the revised document. The making of this change to the Interlocal Agreement will have no impact on Hernando County.

 

2.                     Interlocal Agreement Relating to Pension Matters Supplementing Article 2.3 of the Interlocal Agreement between the City of Brooksville and Hernando County Regarding the Consolidation of Fire Rescue Services

 

The City and the County drafted this Agreement to ensure that the City’s pension plan remains “municipal” in nature following the consolidation.

 

By law, the City’s firefighters will, at the time of their respective transfers to County employment, will have the option of either remaining in the City’s firefighters’ pension plan or enrolling in FRS unless the City terminates its plan. Assuming that some firefighters elect to remain in the City’s plan, the County will have to make the “employer’s” contributions thereto.

 

The City currently funds its firefighters’ pension fund with proceeds from its tax on property insurance premiums. See Fla. Stat. § 175.371 (authorizing levy); Brooksville City Code §§ 66-221 (establishing firefighters’ pension trust fund) and 78-51 (imposing excise tax to fund firefighters’ pension trust fund). For example, according to Florida’s Office of Economic and Demographic Research, the state distributed $115,679 of tax proceeds to the City for its firefighters’ pension trust fund, and $14,355 for the City’s Firefighters’ supplemental compensation fund, in FY 2023. 

 

Since, pursuant to Fla. Stat. § 175.101, only municipalities can impose the insurance premium excise tax, the County needs the City’s firefighters’ pension plan to remain “municipal” in nature. Otherwise, the City’s fund would be left without an independent funding source, which could result in the County having to bail out the City’s plan.

 

3.                     Interlocal Agreement between City of Brooksville and Hernando County for Lease of Fire Station Facility

 

To facilitate the County’s provision of fire rescue services within the City, this Agreement provides for the County’s lease from the City of the Brooksville Fire Station, which is located at 85 Veterans Avenue, Brooksville, Florida 34601.

 

The Agreement provides that County will pay annual rent in the amount of $1.00 for FY 2025 (October 1, 2025-September 30, 2026). The annual rental payment will increase to $167,370.00 for FY 2026 (October 1, 2026-September 30, 2027). Commencing with Fiscal Year 2027, and for each fiscal year thereafter, the annual rent shall be adjusted for inflation, which will be pegged to the Consumer Price Index.

 

The County would be responsible for all utilities and will maintain the Fire Station in good order and repair. The City will be generally responsible for any for structural repairs and will maintain the generator, building, and roof.

 

FINANCIAL IMPACT

None.

 

LEGAL NOTE

The Board has the authority to approve this agenda item pursuant to the “Florida Governmental Conflict Resolution Act,” Fla. Stat. §§ 164.101-164.1061.

 

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RECOMMENDATION

It is recommended that the Board approve and authorize the Chairman’s signature on the attached interlocal agreements.