Senate Bill sb1174e2

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    CS for CS for CS for SB 1174                  Second Engrossed



  1                      A bill to be entitled

  2         An act relating to growth management; creating

  3         part II of ch. 171, F.S.; providing a popular

  4         name; providing legislative intent with respect

  5         to annexation and the coordination of services

  6         by local governments; providing definitions;

  7         providing for the creation of interlocal

  8         service boundary agreements by a county and one

  9         or more municipalities or independent special

10         districts; specifying the procedures for

11         initiating an agreement and responding to a

12         proposal for agreements; identifying issues the

13         agreement may address; requiring local

14         governments that are a party to the agreement

15         to amend their comprehensive plans; providing

16         limitations on the review of certain

17         ordinances; providing exception to the

18         limitation on plan amendments; specifying those

19         persons who may challenge a plan amendment

20         required by the agreement; requiring that an

21         agreement be adopted by resolution; providing

22         prerequisites to annexation; providing a

23         process for annexation; providing for the

24         effect of an interlocal service boundary area

25         agreement on the parties to the agreement;

26         providing for a transfer of powers; authorizing

27         a municipality to provide services within an

28         unincorporated area or territory of another

29         municipality; authorizing a county to exercise

30         certain powers within a municipality; providing

31         for the effect on interlocal agreements and


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 1         county charters; providing a presumption of

 2         validity; providing a procedure to settle a

 3         dispute regarding an interlocal service

 4         boundary agreement; providing for a citizen

 5         petition initiative process; providing for

 6         application; providing procedures for

 7         annexation of enclaves; providing for dispute

 8         resolution agreements; providing

 9         responsibilities of an arbitrator; providing

10         rulemaking authority to the Division of

11         Administrative Hearings; amending s. 171.042,

12         F.S.; revising the time period for filing of a

13         report; providing for a cause of action to

14         invalidate an annexation; requiring

15         municipalities to provide notice of proposed

16         annexation to certain persons; amending s.

17         171.044, F.S.; revising the time period for

18         providing a copy of a notice; providing for a

19         cause of action to invalidate an annexation;

20         creating s. 171.094, F.S.; providing for the

21         effect of interlocal service boundary

22         agreements adopted under the act; amending s.

23         171.081, F.S.; requiring a governmental entity

24         affected by annexation or contraction to

25         initiate conflict resolution procedures under

26         certain circumstances; amending s. 164.1058,

27         F.S.; providing that a governmental entity that

28         fails to participate in conflict resolution

29         procedures shall be required to pay attorney's

30         fees and costs under certain conditions;

31         requesting the Division of Statutory Revision


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 1         to designate parts I and II of ch. 171, F.S.;

 2         providing a commission may be created;

 3         providing for its membership and requirements

 4         for voting; providing for appointments by the

 5         Governor, the President of the Senate, and the

 6         Speaker of the House of Representatives;

 7         requiring the Secretary of Transportation, the

 8         Secretary of Community Affairs, the Secretary

 9         of Environmental Protection, the Commissioner

10         of Agriculture, and the executive director of

11         the Fish and Wildlife Conservation Commission,

12         or their designees, to serve as ex officio

13         nonvoting members; requiring the commission to

14         review the state's growth management programs

15         and laws and make recommendations; requiring

16         public hearings; requiring the Department of

17         Community Affairs to provide staff support;

18         providing for expiration of the commission;

19         providing an effective date.

20  

21  Be It Enacted by the Legislature of the State of Florida:

22  

23         Section 1.  Part II of chapter 171, Florida Statutes,

24  consisting of sections 171.20, 171.201, 171.202, 171.203,

25  171.204, 171.205, 171.206, 171.207, 171.208, 171.209, 171.21,

26  171.211, 171.212, and 171.213, is created to read:

27         171.20  Popular name.--This part may be cited as the

28  "Interlocal Service Boundary Agreement Act."

29         171.201  Legislative intent.--The Legislature intends

30  to provide an alternative to part I of this chapter for local

31  governments regarding the annexation of territory into a


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 1  municipality and the subtraction of territory from the

 2  unincorporated area of the county. The principal goal of this

 3  part is to encourage local governments to jointly determine

 4  how to provide services to residents and property in the most

 5  efficient and effective manner while balancing the needs and

 6  desires of the community. This part is intended to establish a

 7  more flexible process for adjusting municipal boundaries and

 8  to address a wider range of annexation impacts. This part is

 9  intended to encourage intergovernmental coordination in

10  planning, service delivery, and boundary adjustments and to

11  reduce intergovernmental conflicts and litigation between

12  local governments. It is the intent of this part to promote

13  sensible boundaries that reduce the costs of local

14  governments, avoid local service duplication, and increase

15  political transparency and accountability. This part is

16  intended to prevent inefficient service delivery and an

17  insufficient tax base to support the delivery of those

18  services.

19         171.202  Definitions.--As used in this part, the term:

20         (1)  "Chief administrative officer" means the municipal

21  administrator, municipal manager, county manager, county

22  administrator, or other officer of the municipality, county,

23  or independent special district who reports directly to the

24  governing body of the local government.

25         (2)  "Enclave" has the same meaning as provided in s.

26  171.031(13).

27         (3)  "Independent special district" means an

28  independent special district, as defined in s. 189.403, which

29  provides fire, emergency medical, water, wastewater, or

30  stormwater services.

31  


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 1         (4)  "Initiating county" means a county that commences

 2  the process for negotiation of an interlocal service boundary

 3  agreement through the adoption of an initiating resolution.

 4         (5)  "Initiating local government" means a county,

 5  municipality, or independent special district that commences

 6  the process for negotiation of an interlocal service boundary

 7  agreement through the adoption of an initiating resolution.

 8         (6)  "Initiating municipality" means a municipality

 9  that commences the process for negotiation of an interlocal

10  service boundary agreement through the adoption of an

11  initiating resolution.

12         (7)  "Initiating resolution" means a resolution adopted

13  by a county, municipality, or independent special district

14  which commences the process for negotiation of an interlocal

15  service boundary agreement and which identifies the

16  unincorporated area and other issues for discussion.

17         (8)  "Interlocal service boundary agreement" means an

18  agreement adopted under this part, between a county and one or

19  more municipalities, which may include one or more independent

20  special districts as parties to the agreement.

21         (9)  "Invited municipality" means an initiating

22  municipality and any other municipality designated as such in

23  an initiating resolution or a responding resolution that

24  invites the municipality to participate in the negotiation of

25  an interlocal service boundary agreement.

26         (10)  "Municipal service area" means one or more of the

27  following as designated in an interlocal service boundary

28  agreement:

29         (a)  An unincorporated area that has been identified in

30  an interlocal service boundary agreement for municipal

31  annexation by a municipality that is a party to the agreement.


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 1         (b)  An unincorporated area that has been identified in

 2  an interlocal service boundary agreement to receive municipal

 3  services from a municipality that is a party to the agreement

 4  or from the municipality's designee.

 5         (11)  "Notified local government" means the county or a

 6  municipality, other than an invited municipality, that

 7  receives an initiating resolution.

 8         (12)  "Participating resolution" means the resolution

 9  adopted by the initiating local government and the invited

10  local government.

11         (13)  "Requesting resolution" means the resolution

12  adopted by a municipality seeking to participate in the

13  negotiation of an interlocal service boundary agreement.

14         (14)  "Responding resolution" means the resolution

15  adopted by the county or an invited municipality which

16  responds to the initiating resolution and which may identify

17  an additional unincorporated area or another issue for

18  discussion, or both, and may designate an additional invited

19  municipality.

20         (15)  "Unincorporated service area" means one or more

21  of the following as designated in an interlocal service

22  boundary agreement:

23         (a)  An unincorporated area that has been identified in

24  an interlocal service boundary agreement and that may not be

25  annexed without the consent of the county.

26         (b)  An unincorporated area or incorporated area, or

27  both, which have been identified in an interlocal service

28  boundary agreement to receive municipal services from a county

29  or its designee or an independent special district.

30         171.203  Interlocal service boundary agreement.--The

31  governing body of a county and one or more municipalities or


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 1  independent special districts within the county may enter into

 2  an interlocal service boundary agreement under this part. The

 3  governing bodies of a county, municipality, or an independent

 4  special district may develop a process for reaching an

 5  interlocal service boundary agreement which provides for

 6  public participation in a manner that meets or exceeds the

 7  requirements of subsection (11), or the governing bodies may

 8  use the process established in this section.

 9         (1)  A county, municipality, or an independent special

10  district desiring to enter into an interlocal service boundary

11  agreement shall commence the negotiation process by adopting

12  an initiating resolution. The initiating resolution shall

13  identify an unincorporated area or incorporated area, or both,

14  to be discussed and the issues to be negotiated. The

15  identified area shall be specified in the initiating

16  resolution by a descriptive exhibit that includes, but need

17  not be limited to, a map or legal description of the

18  designated area. The issues for negotiation shall be listed in

19  the initiating resolution and may include, but need not be

20  limited to, the issues listed in subsection (6). An

21  independent special district may initiate the interlocal

22  service boundary agreement for the sole purpose of dissolving

23  an independent special district.

24         (a)  The initiating resolution of an initiating county

25  must designate one or more invited municipalities. The

26  initiating resolution of an initiating municipality may

27  designate an invited municipality. The initiating resolution

28  of an independent special district shall designate one or more

29  invited municipalities and invite the county.

30         (b)  An initiating county shall send the initiating

31  resolution by United States certified mail to the chief


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 1  administrative officer of every invited municipality and each

 2  other municipality within the county. An initiating

 3  municipality shall send the initiating resolution by United

 4  States certified mail to the chief administrative officer of

 5  the county, the invited municipality, if any, and each other

 6  municipality within the county.

 7         (c)  The initiating local government shall also send

 8  the initiating resolution to the chief administrative officer

 9  of each independent special district in the unincorporated

10  area designated in the initiating resolution.

11         (2)  Within 60 days after the receipt of an initiating

12  resolution, the county or the invited municipality, as

13  appropriate, shall adopt a responding resolution. The

14  responding resolution may identify an additional

15  unincorporated area or incorporated area, or both, for

16  discussion and may designate additional issues for

17  negotiation. The additional identified area, if any, shall be

18  specified in the responding resolution by a descriptive

19  exhibit that includes, but need not be limited to, a map or

20  legal description of the designated area. The additional

21  issues designated for negotiation, if any, shall be listed in

22  the responding resolution and may include, but need not be

23  limited to, the issues listed in subsection (6). The

24  responding resolution may also invite an additional

25  municipality to negotiate the interlocal service boundary

26  agreement.

27         (a)  Within 7 days after the adoption of a responding

28  resolution, the responding county shall send the responding

29  resolution by United States certified mail to the chief

30  administrative officer of the initiating municipality, each

31  


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    CS for CS for CS for SB 1174                  Second Engrossed



 1  invited municipality, if any, and the independent special

 2  district that received an initiating resolution.

 3         (b)  Within 7 days after the adoption of a responding

 4  resolution, an invited municipality shall send the responding

 5  resolution by United States certified mail to the chief

 6  administrative officer of the initiating county, each invited

 7  municipality, if any, and each independent special district

 8  that received an initiating resolution.

 9         (c)  An invited municipality that was invited by a

10  responding resolution shall adopt a responding resolution in

11  accordance with paragraph (b).

12         (d)  Within 60 days after receipt of the initiating

13  resolution, any independent special district that received an

14  initiating resolution and that desires to participate in the

15  negotiations shall adopt a resolution indicating that it

16  intends to participate in the negotiation process for the

17  interlocal service boundary agreement. Within 7 days after the

18  adoption of the resolution, the independent special district

19  shall send the resolution by United States certified mail to

20  the chief administrative officer of the county, the initiating

21  municipality, each invited municipality, if any, and each

22  notified local government.

23         (3)  A municipality within the county that is not an

24  invited municipality may request participation in the

25  negotiations for the interlocal service boundary agreement.

26  Such a request shall be accomplished by adopting a requesting

27  resolution within 60 days after receipt of the initiating

28  resolution or within 10 days after receipt of the responding

29  resolution. Within 7 days after adoption of the requesting

30  resolution, the requesting municipality shall send the

31  resolution by United States certified mail to the chief


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 1  administrative officer of the initiating local government and

 2  each invited municipality. The county and the invited

 3  municipality shall consider whether to allow a requesting

 4  municipality to participate in the negotiations, and, if they

 5  agree, the county and the municipality shall adopt a

 6  participating resolution allowing the requesting municipality

 7  to participate in the negotiations.

 8         (4)  The county, the invited municipalities, the

 9  participating municipalities, if any, and the independent

10  special districts, if any have adopted a resolution to

11  participate, shall begin negotiations within 60 days after

12  receipt of the responding resolution or a participating

13  resolution, whichever occurs later.

14         (5)  An invited municipality that fails to adopt a

15  responding resolution shall be deemed to waive its right to

16  participate in the negotiation process and shall be bound by

17  an interlocal agreement resulting from such negotiation

18  process, if any is reached.

19         (6)  An interlocal service boundary agreement may

20  address any issue concerning service delivery, fiscal

21  responsibilities, or boundary adjustment. The agreement may

22  include, but need not be limited to, provisions that:

23         (a)  Identify a municipal service area.

24         (b)  Identify an unincorporated service area.

25         (c)  Identify the local government responsible for the

26  delivery or funding of the following services within the

27  municipal service area or the unincorporated service area:

28         1.  Public safety.

29         2.  Fire, emergency rescue, and medical.

30         3.  Water and wastewater.

31         4.  Road ownership, construction, and maintenance.


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 1         5.  Conservation, parks, and recreation.

 2         6.  Stormwater management and drainage.

 3         (d)  Address other services and infrastructure not

 4  currently provided by an electric utility as defined by s.

 5  366.02(2) or a natural gas transmission company as defined by

 6  s. 368.103(4).

 7         (e)  Establish a process and schedule for annexation of

 8  an area within the designated municipal service area

 9  consistent with s. 171.205.

10         (f)  Establish a process for land-use decisions

11  consistent with part II of chapter 163, including those made

12  jointly by the governing bodies of the county and the

13  municipality, or allow a municipality to adopt land-use

14  changes consistent with part II of chapter 163 for areas that

15  are scheduled to be annexed within the term of the interlocal

16  agreement, and allow an exemption from the twice-per-year

17  limitation applicable to changes to the comprehensive plan

18  under s. 163.3187.

19         (g)  Address other issues concerning service delivery,

20  including the transfer of services and infrastructure and the

21  fiscal compensation to one county, municipality, or

22  independent special district from another county,

23  municipality, or independent special district.

24         (h)  Provide for the joint use of facilities and the

25  colocation of services.

26         (i)  Include a requirement for a report to the county

27  of the municipality's planned service delivery, as provided in

28  s. 171.042, or as otherwise determined by agreement.

29         (7)  If the interlocal service boundary agreement

30  addresses land use planning responsibilities, the agreement

31  must also establish the procedures for the preparation and


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 1  adoption of comprehensive plan amendments, for the

 2  administration of land development regulations, and for the

 3  issuance of development orders.

 4         (8)  Each local government that is a party to the

 5  interlocal service boundary agreement shall amend the

 6  intergovernmental coordination element of its comprehensive

 7  plan, as defined in s. 163.3177(6)(h)1., no later than 6

 8  months following entry of the interlocal service boundary

 9  agreement consistent with s. 163.3177(6)(h)1. Plan amendments

10  required by this subsection are exempt from the twice-per-year

11  limitation under s. 163.3187.

12         (9)  An affected person for the purpose of challenging

13  a comprehensive plan amendment required by paragraph (6)(f)

14  includes persons owning real property, residing, or owning or

15  operating a business within the boundaries of the municipal

16  service area and owners of real property abutting real

17  property within the municipal service area that is the subject

18  of the comprehensive plan amendment in addition to those

19  affected persons who would have standing under s. 163.3184.

20         (10)(a)  A municipality that is a party to an

21  interlocal service boundary agreement that identifies an

22  unincorporated area for municipal annexation under s.

23  171.202(10)(a) shall adopt a municipal service area as an

24  amendment to its comprehensive plan to address future possible

25  municipal annexation. The state land planning agency shall

26  review the amendment for compliance with part II of chapter

27  163.

28         1.  A municipal service area must contain:

29         a.  A boundary map of the municipal service area.

30         b.  Population projections for the area.

31  


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 1         c.  Data and analysis supporting the provision of

 2  public facilities for the area.

 3         (b)  This part shall not authorize the state land

 4  planning agency to review, evaluate, determine, approve or

 5  disapprove a municipal ordinance relating to municipal

 6  annexation or contraction.

 7  

 8  A municipality or county may consider the adoption of any

 9  comprehensive plan amendment required by this subsection

10  without regard to the provisions of s. 163.3187(1) regarding

11  the frequency of adoption of amendments to the comprehensive

12  plan.

13         (10)  An interlocal service boundary agreement may be

14  for a term of 20 years or less. The interlocal service

15  boundary agreement shall also include a provision requiring

16  periodic review. The interlocal service boundary agreement

17  shall require renegotiations to begin at least 18 months

18  before its termination date.

19         (11)  No earlier than 6 months after the commencement

20  of negotiations, either of the initiating local governments or

21  both, the county, or the invited municipality may declare an

22  impasse in the negotiations and seek a resolution of the

23  issues under ss. 164.1053-164.1057. If the local governments

24  fail to agree at the conclusion of the process under chapter

25  164, the local governments shall hold a joint public hearing

26  on the issues raised in the negotiations.

27         (12)  When the local governments have reached an

28  interlocal service boundary agreement, the county and the

29  municipality shall adopt the agreement by ordinance under s.

30  166.041 or s. 125.66, respectively. An independent special

31  district, if it consents to the agreement, shall adopt the


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 1  agreement by final order, resolution, or other method

 2  consistent with its charter. The interlocal service boundary

 3  agreement shall take effect on the day specified in the

 4  agreement or, if there is no date, upon adoption by the county

 5  or the invited municipality, whichever occurs later. Nothing

 6  in this part shall prohibit a county or municipality from

 7  adopting an interlocal service boundary agreement without the

 8  consent of an independent special district.

 9         (13)  For a period of 6 months following the failure of

10  the local governments to consent to an interlocal service

11  boundary agreement, the initiating local government may not

12  initiate the negotiation process established in this section

13  to require the responding local government to negotiate an

14  agreement concerning the same identified unincorporated area

15  and the same issues that were specified in the failed

16  initiating resolution.

17         (14)  This part does not authorize one local government

18  to require another local government to enter into an

19  interlocal service boundary agreement. However, when the

20  process for negotiating an interlocal service boundary

21  agreement is initiated, the local governments shall negotiate

22  in good faith to the conclusion of the process established in

23  this section.

24         (15)  This section authorizes local governments to

25  simultaneously engage in negotiating more than one interlocal

26  service boundary agreement, notwithstanding that separate

27  negotiations concern similar or identical unincorporated areas

28  and issues.

29         (16)  Elected local government officials are encouraged

30  to participate actively and directly in the negotiation

31  


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 1  process for developing an interlocal service boundary

 2  agreement.

 3         (17)  This part does not impair any existing franchise

 4  agreement without the consent of the franchisee. A

 5  municipality or county shall retain all existing authority, if

 6  any, to negotiate a franchise agreement with any private

 7  service provider for use of public rights-of-way or the

 8  privilege of providing a service.

 9         (18)  This part does not impair any existing contract

10  without the consent of the parties.

11         171.204  Prerequisites to annexation under this

12  part.--The interlocal service boundary agreement may describe

13  the character of land that may be annexed and may provide that

14  the restrictions on the character of land that may be annexed

15  pursuant to part I are not restrictions on land that may be

16  annexed pursuant to this part. As determined in the interlocal

17  service boundary agreement, any character of land may be

18  annexed, including, but not limited to, an annexation of land

19  not contiguous to the boundaries of the annexing municipality,

20  an annexation that creates an enclave, an annexation where the

21  annexed area is not reasonably compact; provided, however,

22  such area shall meet the definition of urban in character as

23  defined in s. 171.031(8). The interlocal service boundary

24  agreement may not allow for annexation of land within a

25  municipality that is not a party to the agreement or of land

26  that is within another county.

27         171.205  Consent requirements for annexation of land

28  under this part.--Notwithstanding part I, an interlocal

29  service boundary agreement may provide a process for

30  annexation consistent with this section or with part I.

31  


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 1         (1)  For all or a portion of the area within a

 2  designated municipal service area, the interlocal service

 3  boundary agreement may provide a flexible process for securing

 4  the consent of the registered voters who reside in the area

 5  proposed to be annexed, or property owners, or both, for

 6  annexation of property within a municipal service area, with

 7  notice to the registered voters who reside in the area

 8  proposed to be annexed, or property owners, or both, as

 9  required in the interlocal service boundary agreement. The

10  interlocal service boundary agreement may not authorize

11  annexation unless the consent requirements of part I are met

12  or the annexation is consented to by one or more of the

13  following:

14         (a)  The municipality has received a petition for

15  annexation from more than 50 percent of the registered voters

16  who reside in the area proposed to be annexed.

17         (b)  The annexation is approved by a majority of the

18  registered voters who reside in the area proposed to be

19  annexed voting in a referendum on the annexation.

20         (c)  The municipality has received a petition for

21  annexation from more than 50 percent of the property owners

22  within the area proposed to be annexed.

23         171.206  Effect of interlocal service boundary area

24  agreement on annexations.--

25         (1)  An interlocal service boundary agreement is

26  binding on the parties to the agreement, and a party may not

27  take any action that violates the interlocal service boundary

28  agreement.

29         (2)  Notwithstanding part I, without consent of the

30  county and the affected municipality by resolution, a county

31  


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 1  or an invited municipality may not take any action that

 2  violates the interlocal service boundary agreement.

 3         (3)  If the independent special district that

 4  participated in the negotiation process pursuant to s.

 5  171.203(2)(d) does not consent to the interlocal service

 6  boundary agreement and a municipality annexes an area within

 7  the independent special district, the municipality may consent

 8  to allowing the independent special district to receive ad

 9  valorem tax revenue or the independent special district may

10  seek compensation pursuant to s. 171.093.

11         171.207  Transfer of powers.--This part is an

12  alternative provision otherwise provided by law, as authorized

13  in s. 4, Art. VIII of the State Constitution, for any transfer

14  of power resulting from an interlocal service boundary

15  agreement for the provision of services or the acquisition of

16  public facilities entered into by a county, municipality,

17  independent special district, or other entity created pursuant

18  to law.

19         171.208  Municipal extraterritorial power.--This part

20  authorizes a municipality to exercise extraterritorial powers

21  that include, but are not limited to, the authority to provide

22  services and facilities within the unincorporated area or

23  within the territory of another municipality as provided

24  within an interlocal service boundary agreement. This power is

25  in addition to other municipal powers that otherwise exist.

26         171.209  County incorporated area power.--As provided

27  in an interlocal service boundary agreement, this part

28  authorizes a county to exercise powers within a municipality

29  that include, but are not limited to, the authority to provide

30  services and facilities within the territory of a

31  


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 1  municipality. This power is in addition to other county powers

 2  that otherwise exist.

 3         171.21  Effect of part on interlocal agreement and

 4  county charter.--A joint planning agreement, a charter

 5  provision adopted under s. 171.044(4), or any other interlocal

 6  agreement between local governments including a county,

 7  municipality, or independent special district is not affected

 8  by this part; however, the county, municipality or independent

 9  special district may avail themselves of this part, which may

10  result in the repeal or modification of a joint planning

11  agreement or other interlocal agreement.

12         171.211  Interlocal service boundary agreement presumed

13  valid and binding.--

14         (1)  If there is litigation over the terms, conditions,

15  construction, or enforcement of an interlocal service boundary

16  agreement, the agreement shall be presumed valid, and the

17  challenger has the burden of proving its invalidity.

18         (2)  Notwithstanding part I, it is the intent of this

19  part to authorize a municipality to enter into an interlocal

20  service boundary agreement that enhances, restricts, or

21  precludes annexations during the term of the agreement.

22         171.212  Disputes regarding construction and effect of

23  an interlocal service boundary agreement.--If there is a

24  question or dispute about the construction or effect of an

25  interlocal service boundary agreement, a local government

26  shall initiate and proceed through the conflict resolution

27  procedures established in chapter 164. If there is a failure

28  to resolve the conflict, no later than 30 days following the

29  conclusion of the procedures established in chapter 164, the

30  local government may file an action in circuit court. For

31  


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 1  purposes of this section, the term "local government" means a

 2  party to the interlocal service boundary agreement.

 3         171.213  Citizen petition initiative process for

 4  enclaves.--

 5         (1)  If an interlocal service boundary agreement is not

 6  approved by the participating local governments, the

 7  registered voters or the property owners within an enclave

 8  that was identified in the requesting resolution by the

 9  initiating local government or in a responding resolution by a

10  participating local government may petition a municipality for

11  annexation or to initiate the interlocal service boundary

12  agreement process for their specific area.

13         (2)  This section does not apply to any municipality

14  having a population of 7,500 or fewer as of January 1, 2003,

15  unless approved by a majority of the governing board of the

16  municipality. This section does not apply to any municipality

17  having a population greater than 7,500 as of January 1, 2003,

18  if the proposed area to be annexed will increase the municipal

19  population by more than 10 percent, unless approved by a

20  majority of the governing board of the municipality. In the

21  event that a municipality is petitioned under this section on

22  two or more occasions, the total of the proposed area to be

23  annexed may not increase the municipal population by more than

24  20 percent in any given year or 50 percent in a 5-year period,

25  unless approved by a majority of the governing body of the

26  municipality.

27         (a)  The registered voters or the property owners

28  within the area may initiate the petition no sooner than 270

29  days after the joint public hearing required in s.

30  171.203(11). The registered voters or the property owners of

31  the area may initiate the interlocal service boundary


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 1  agreement process by notifying a municipality of one of the

 2  following:

 3         1.  They have obtained the consent of 50 percent or

 4  more of the registered voters who reside in the enclave;

 5         2.  They have obtained the consent of 50 percent of the

 6  property owners within the enclave;

 7         3.  The board of directors of a condominium association

 8  as defined in s. 718.103(2) has approved a resolution and the

 9  resolution has been approved by a majority of the members of

10  the condominium association located within the enclave; or

11         4.  The board of directors of a homeowners' association

12  as defined in s. 720.301(7) has approved a resolution and the

13  resolution has been approved by a majority of the members of

14  the homeowners' association located within the enclave.

15         (b)  Each registered voter or property owner signing a

16  petition shall sign in ink or indelible pencil his or her name

17  as registered in the office of the supervisor of elections or

18  the property appraiser. Each petition shall contain

19  appropriate lines for the signature, printed name, and street

20  address of the signee and an oath, to be executed by a witness

21  thereof, verifying the fact that the witness saw each person

22  sign the petition, that each signature appearing thereon is

23  the genuine signature of the person it purports to be, and

24  that the petition was signed in the presence of the witness on

25  the date indicated.

26         (c)  Copies of the petition or resolution shall be

27  submitted to the clerk of the municipality. If it is

28  determined that the petition does not meet the requirements in

29  this subsection, the clerk shall so certify to the governing

30  body of the municipality and file the petition without taking

31  further action, and the matter shall be at an end. No


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 1  additional names may be added to the petition, and the

 2  petition may not be used in any other proceeding.

 3         (d)  If it is determined that the petition has met the

 4  requirements of this subsection, the clerk shall so certify to

 5  the governing body of the municipality. Upon certification, a

 6  municipality must notify the registered voters, property

 7  owners, condominium association, or homeowners' association

 8  within 30 days after the certification of the petition.

 9         (e)  Not later than 60 days after the certification of

10  the petition initiative from the proposed area, a municipality

11  shall notify the county of its intent to initiate annexation

12  procedures established in s. 171.205(1). If it elects not to

13  annex, a municipality shall notify and invite the county and

14  any independent special district pursuant to the interlocal

15  service boundary agreement process established in s. 171.203

16  to address issues related to the annexation of the enclave. If

17  the municipality fails to initiate annexation or the

18  interlocal service boundary agreement process within 60 days,

19  the registered voters, property owners, condominium

20  association, or homeowners' association may petition the

21  county to initiate the interlocal agreement process for the

22  enclave.

23         (f)  If the participating local governments fail to

24  reach an agreement, the board of directors of a condominium

25  association or homeowners' association within the proposed

26  area may request a dispute resolution process that provides

27  for an orderly, speedy, and final resolution of the dispute.

28         (3)  The local governments may adopt an interlocal

29  dispute resolution agreement that provides a dispute

30  resolution process. If the local governments do not adopt an

31  


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 1  interlocal dispute resolution agreement, they must use the

 2  following dispute resolution process:

 3         (a)  A county, municipality, condominium association,

 4  or homeowners' association may file a petition seeking

 5  arbitration that states with particularity the issue in

 6  dispute, suggests a proposed resolution, and states the

 7  reasons supporting the resolution.

 8         (b)  Notwithstanding s. 120.569, the petition shall be

 9  filed with the Division of Administrative Hearings, which

10  shall, immediately upon filing, forward copies to the other

11  local government that is a party. Within 10 days after

12  receiving a complete petition, the division director shall

13  assign an administrative law judge as arbitrator, who shall

14  conduct an arbitration hearing within 90 days thereafter,

15  unless the petition is withdrawn or a continuance is granted

16  by agreement of the parties or for good cause shown.

17         (c)  Within 90 days after the arbitration hearing, the

18  arbitrator shall issue a written decision and state the

19  reasons for the decision in writing. The division shall

20  immediately transmit a copy of the decision to the county, the

21  municipality, and any independent special district.

22         (d)  The evidentiary standards shall be as provided in

23  ss. 120.569(2)(g) and 120.57(1)(c).

24         (e)  This subsection does not preclude settlement by

25  mutual agreement of the parties at any time.

26         (f)  The arbitrator shall consider the following

27  factors:

28         1.  The preference of the residents and property owners

29  in the enclave proposed for annexation.

30         2.  The fiscal effects of boundary adjustments,

31  including the effect of the annexation of the enclave on the


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 1  ability of the county, the municipality, and any independent

 2  special district to provide services and facilities to the

 3  area proposed to be annexed, the remainder of the

 4  unincorporated area, and the incorporated area of the

 5  municipality.

 6         3.  The current level-of-service standards of the

 7  infrastructure and the potential fiscal impact on the

 8  municipality which may result from annexation of the enclave.

 9         4.  The reduction in the value or use of infrastructure

10  owned by the county or an independent special district that

11  may result from annexation of the enclave.

12         5.  The commonality of interests among the residents

13  and property owners of the enclave proposed for annexation and

14  the adjacent incorporated area.

15         6.  The effects of the proposed annexation on the

16  efficiency and effectiveness of urban service delivery.

17         7.  Whether the area proposed for annexation meets the

18  criteria in s. 171.031(13).

19         8.  The intent of the Legislature as expressed in this

20  part.

21         (g)  The arbitrator shall:

22         1.  Determine whether the enclave should remain

23  unincorporated or be annexed. If the arbitrator finds that the

24  enclave should be annexed, the annexation must be approved by

25  a majority of the registered voters who reside in the enclave.

26         2.  Determine service delivery responsibilities of the

27  county, municipality, and any independent special district.

28         3.  Determine fiscal compensation issues, including

29  requiring a single payment or payment over a term of years by

30  one of the parties to ensure that fiscal responsibilities for

31  providing urban services can be met.


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 1         (h)  Arbitration hearings shall be conducted as

 2  provided by ss. 120.569 and 120.57, except that the

 3  arbitrator's order shall be transmitted to the governmental

 4  entities, which have 45 days to:

 5         1.  Accept the findings and enter into an agreement

 6  based upon the award;

 7         2.  Negotiate and enter into an agreement that differs

 8  from the award; or

 9         3.  File an action rejecting the award under s. 684.22

10  to set aside the award or enforce it.

11  

12  All subsequent proceedings shall be governed by part III of

13  chapter 684.

14         (i)  The Division of Administrative Hearings may adopt

15  rules for arbitration proceedings under this section.

16         Section 2.  Subsection (2) of section 171.042, Florida

17  Statutes, is amended, and subsection (3) is added to that

18  section, to read:

19         171.042  Prerequisites to annexation.--

20         (2)  Not fewer than 15 days prior to commencing the

21  annexation procedures under s. 171.0413, the governing body of

22  the municipality shall file a copy of the report required by

23  this section with the board of county commissioners of the

24  county wherein the municipality is located. The notice

25  provision provided in this subsection may be the basis for a

26  cause of action invalidating the annexation.

27         (3)  Notice shall be provided by the municipality to

28  the affected residents within the proposed area to be annexed.

29         Section 3.  Subsection (6) of section 171.044, Florida

30  Statutes, is amended to read:

31         171.044  Voluntary annexation.--


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 1         (6)  Not fewer than 10 days prior to Upon publishing or

 2  posting the ordinance notice required under subsection (2),

 3  the governing body of the municipality must provide a copy of

 4  the notice, via certified mail, to the board of the county

 5  commissioners of the county wherein the municipality is

 6  located. The notice provision provided in this subsection may

 7  shall not be the basis for a of any cause of action

 8  invalidating challenging the annexation.

 9         Section 4.  Section 171.094, Florida Statutes, is

10  created to read:

11         171.094  Effect of interlocal service boundary

12  agreements adopted under part II on annexations under this

13  part.

14         (1)  An interlocal service boundary agreement entered

15  into pursuant to part II is binding on the parties to the

16  agreement and a party may not take any action that violates

17  the interlocal service boundary agreement.

18         (2)  Notwithstanding any other provision of this part,

19  without the consent of the county, the affected municipality

20  or affected independent special district by resolution, a

21  county, an invited municipality or independent special

22  district may not take any action that violates an interlocal

23  service boundary agreement.

24         Section 5.  Section 171.081, Florida Statutes, is

25  amended to read:

26         171.081  Appeal on annexation or contraction.--

27         (1)  No later than 30 days following the passage of an

28  annexation or contraction ordinance, Any party affected who

29  believes that he or she will suffer material injury by reason

30  of the failure of the municipal governing body to comply with

31  the procedures set forth in this chapter for annexation or


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 1  contraction or to meet the requirements established for

 2  annexation or contraction as they apply to his or her property

 3  may file a petition in the circuit court for the county in

 4  which the municipality or municipalities are located seeking

 5  review by certiorari. The action may be initiated at the

 6  party's option either within 30 days following the passage of

 7  the annexation or contraction ordinance or within 30 days

 8  following the completion of the dispute resolution process in

 9  subsection (2). In any action instituted pursuant to this

10  section, the complainant, should he or she prevail, shall be

11  entitled to reasonable costs and attorney's fees.

12         (2)  If the affected party is a governmental entity, no

13  later than 30 days following the passage of an annexation or

14  contraction ordinance, the governmental entity must initiate

15  and proceed through the conflict resolution procedures

16  established in chapter 164. If there is a failure to resolve

17  the conflict, no later than 30 days following the conclusion

18  of the procedures established in chapter 164, the governmental

19  entity that initiated the conflict resolution procedures may

20  file a petition in the circuit court for the county in which

21  the municipality or municipalities are located seeking review

22  by certiorari.

23         Section 6.  Section 164.1058, Florida Statutes, is

24  amended to read:

25         164.1058  Penalty.--If a primary conflicting

26  governmental entity which has received notice of intent to

27  initiate the conflict resolution procedure pursuant to this

28  act fails to participate in good faith in the conflict

29  assessment meeting, mediation, or other remedies provided for

30  in this act, and the initiating governmental entity files suit

31  and is the prevailing party in such suit, the primary


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 1  disputing governmental entity that which failed to participate

 2  in good faith shall be required to pay the attorney's fees and

 3  costs in that proceeding of the prevailing primary conflicting

 4  governmental entity which initiated the conflict resolution

 5  procedure.

 6         Section 7.  The Division of Statutory Revision is

 7  requested to designate sections 171.011-171.094, Florida

 8  Statutes, as part I of chapter 171, Florida Statutes, and

 9  sections 171.20-171.213, Florida Statutes, as created by this

10  act, as part II of chapter 171, Florida Statutes.

11         Section 8.  (1)  The 2005 Planning and Development

12  Study Commission may be created.  The commission shall be

13  composed of 19 voting members, five appointed by the Governor,

14  five appointed by the President of the Senate, and five

15  appointed by the Speaker of the House of Representatives. In

16  addition, the President of the Senate and the Speaker of the

17  House of Representatives shall each appoint two members from

18  their respective chambers to serve as voting members of the

19  commission. The Governor shall select a chair from his or her

20  appointees. The secretaries of the Department of

21  Transportation, the Department of Community Affairs, and the

22  Department of Environmental Protection, the Commissioner of

23  Agriculture, and the executive director of the Fish and

24  Wildlife Conservation Commission, or their designees, shall

25  serve as nonvoting ex officio members of the commission.

26         (2)  Initial appointments shall be made by July 1,

27  2004, and the first meeting of the commission shall be held by

28  September 1, 2004.  Any vacancy shall be filled in the same

29  manner as the original appointment.  The Governor's

30  appointments shall include one representative from each of the

31  following categories:


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 1         (a)  Business interests, including development and real

 2  estate;

 3         (b)  Agricultural interests, including farming,

 4  aquaculture, ranching, and forestry;

 5         (c)  Municipal and county governments;

 6         (d)  Environmental interests, including nonprofit

 7  organizations that promote conservation or protection of

 8  natural resources; and

 9         (e)  Citizen organizations, including community

10  associations, citizen groups, and affordable housing groups.

11  

12  The appointments of voting members by the President of the

13  Senate and the Speaker of the House of Representatives must

14  also include one representative from each of the categories in

15  paragraphs (a)-(e).

16         (3)  Each commission member is entitled to one vote

17  unless otherwise specified in this section. Action of the

18  commission requires a two-thirds vote of the voting members

19  present. Action may not be taken if fewer than a majority of

20  all voting members are present.

21         (4)  The commission shall review the operation and

22  implementation of the state's growth management programs and

23  laws, including, but not limited to, chapters 163, 186, 187

24  and 380, Florida Statutes, for the purpose of making specific

25  recommendations relating to:

26         (a)  Determining methods to substantially improve,

27  modify, or replace the current system of controls and

28  incentives for managing growth with alternatives that have a

29  higher likelihood of significantly improving the

30  growth-management system;

31  


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 1         (b)  Implementing programs that provide necessary

 2  incentives, including financial incentives, to promote and

 3  encourage the redevelopment, improvement and, where

 4  appropriate, infill of existing developed areas;

 5         (c)  Determining the most appropriate agency,

 6  combination of agencies, or the creation of a new agency to

 7  effectively implement a partnership and appropriate oversight

 8  role with local and regional governments for growth

 9  management;

10         (d)  Enhancing the ability of state residents to more

11  readily and at less cost participate at all levels of

12  decisionmaking involving growth management;

13         (e)  Providing development interests with necessary

14  certainty regarding where, when, and how development will be

15  encouraged and promoted;

16         (f)  Providing coordination, incentives, and funding

17  programs that jointly share, among state, regional, and local

18  government entities, the responsibility for relieving the

19  crowded conditions in the state's schools, easing the

20  congestion on highways in the state, and protecting the

21  state's natural resources;

22         (g)  Revising the development-of-regional-impact

23  process to streamline and reduce duplication in the

24  application for development approval and to make any necessary

25  changes to the criteria used in determining whether a proposed

26  change constitutes a substantial deviation requiring further

27  review; and

28         (h)  Maintaining existing private property rights in a

29  growing economy so that all sectors of the state's economy

30  share in an improved quality of life.

31  


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 1         (5)  The commission shall hold at least eight public

 2  hearings, conducted every 60 days, at different locations

 3  throughout the state.  At each hearing the commission shall

 4  solicit input from the public on the effectiveness of

 5  Florida's growth-management system, with particular attention

 6  to suggestions for how local, state, and regional agencies and

 7  governments can better coordinate growth-management programs.

 8         (6)  By January 1, 2006, the commission shall provide

 9  to the Governor, the President of the Senate, and the Speaker

10  of the House of Representatives, a report with specific

11  recommendations concerning all issues identified in paragraphs

12  (4)(a)-(h). The Department of Community Affairs shall prepare

13  legislative recommendations consistent with the commission's

14  report for consideration by the 2006 Legislature.

15         (7)  The commission may appoint technical advisory

16  committees. Commission members, and the members of any

17  technical advisory committee that is appointed, may not

18  receive remuneration for their services, but members other

19  than public officers and employees are entitled to be

20  reimbursed by the Department of Community Affairs for travel

21  or per diem expenses in accordance with section 112.061,

22  Florida Statutes. Public officers and employees shall be

23  reimbursed by their respective agencies in accordance with

24  section 112.061, Florida Statutes.

25         (8)  The commission may appoint an executive director,

26  who shall report to the commission and serve at its pleasure.

27  The Department of Community Affairs shall provide the

28  commission and the executive director with staff assistance.

29  The department may, upon the request of the commission,

30  reimburse consultants if such costs can be funded from the

31  appropriation provided for in this act.


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 1         (9)  All agencies under the control of the Governor are

 2  directed, and all other agencies are requested, to render

 3  assistance and cooperation to the commission.

 4         (10)  The commission shall continue in existence until

 5  its public hearings and written report are complete, but not

 6  later than January 1, 2006.

 7         Section 9.  This act shall take effect upon becoming a

 8  law.

 9  

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