HB 0985

CS

CHAMBER ACTION

1	The Committee on Local Government & Veterans' Affairs recommends
2	the following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to conflict resolution; amending s.
8	171.081, F.S.; requiring a governmental entity affected by
9	annexation or contraction to initiate conflict resolution
10	procedures under certain circumstances; providing a
11	definition; providing for the award of attorney's fees to
12	the prevailing party; creating pt. II of ch. 171, F.S.;
13	providing a popular name; providing legislative intent
14	with respect to annexation and the coordination of
15	services by local governments; providing definitions;
16	providing legislative intent with regard to the creation
17	of interlocal service boundary agreements by a county and
18	one or more municipalities or independent special
19	districts; providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Section 171.081, Florida Statutes, is amended
24	to read:
25	171.081  Appeal on annexation or contraction.--No later
26	than 30 days following the passage of an annexation or
27	contraction ordinance, any party affected, except a governmental
28	entity, who believes that he or she will suffer material injury
29	by reason of the failure of the municipal governing body to
30	comply with the procedures set forth in this chapter for
31	annexation or contraction or to meet the requirements
32	established for annexation or contraction as they apply to his
33	or her property may file a petition in the circuit court for the
34	county in which the municipality or municipalities are located
35	seeking review by certiorari. If the affected party is a
36	governmental entity, no later than 30 days following the passage
37	of an annexation or contraction ordinance, the governmental
38	entity must initiate and proceed through the conflict resolution
39	procedures established in chapter 164. If there is a failure to
40	resolve the conflict, no later than 30 days following the
41	conclusion of the procedures established in chapter 164, the
42	governmental entity that initiated the conflict resolution
43	procedures may file a petition in the circuit court for the
44	county in which the municipality or municipalities are located
45	seeking review by certiorari. In any action instituted pursuant
46	to this section, the prevailing party complainant, should he or
47	she prevail, shall be entitled to reasonable costs and
48	attorney's fees. For purposes of this section, "governmental
49	entity" means a county, municipality, or special district.
50	Section 2.  Part II of chapter 171, Florida Statutes,
51	consisting of sections 171.20, 171.201, 171.202, and 171.203, is
52	created to read:
53	PART II
54	INTERLOCAL SERVICE BOUNDARY AGREEMENT ACT
55	171.20  Popular name.--This part shall be known by the
56	popular name the "Interlocal Service Boundary Agreement Act."
57	171.201  Legislative intent.--The Legislature intends to
58	provide an alternative to part I of this chapter for local
59	governments regarding the annexation of territory into a
60	municipality and the subtraction of territory from the
61	unincorporated area of the county. The principal goal of this
62	part is to encourage local governments to jointly determine how
63	to provide services to residents and property in the most
64	efficient and effective manner while balancing the needs and
65	desires of the community. This part is intended to establish a
66	more flexible process for adjusting municipal boundaries and to
67	address a wider range of annexation impacts. This part is
68	intended to encourage intergovernmental coordination in
69	planning, service delivery, and boundary adjustments and to
70	reduce intergovernmental conflicts and litigation between local
71	governments. It is the intent of this part to promote sensible
72	boundaries that reduce the costs of local governments, avoid
73	local service duplication, and increase political transparency
74	and accountability. This part is intended to prevent inefficient
75	delivery of services and an insufficient tax base to support the
76	delivery of those services.
77	171.202  Definitions.--As used in this part, the term:
78	(1)  "Chief administrative officer" means the municipal
79	administrator, municipal manager, county manager, county
80	administrator, or other officer of the municipality, county, or
81	independent special district who reports directly to the
82	governing body of the local government.
83	(2)  "Enclave" has the same meaning as provided in s.
84	171.031(13).
85	(3)  "Independent special district" means an independent
86	special district, as defined in s. 189.403, that provides fire,
87	emergency medical, water, wastewater, or stormwater services.
88	(4)  "Initiating county" means the county that commences
89	the process for negotiation of an interlocal service boundary
90	agreement.
91	(5)  "Initiating local government" means the county or
92	municipality that commences the process for negotiation of an
93	interlocal service boundary agreement.
94	(6)  "Initiating municipality" means the municipality that
95	commences the process for negotiation of an interlocal service
96	boundary agreement.
97	(7)  "Interlocal service boundary agreement" means an
98	agreement consented to under this part, between a county and one
99	or more municipalities, which may include one or more
100	independent special districts as parties to the agreement.
101	(8)  "Invited municipality" means an initiating
102	municipality and any other municipality designated as such in a
103	negotiation attempt notice that invites the municipality to
104	participate in the negotiation of an interlocal service boundary
105	agreement.
106	(9)  "Municipal service area" means one or more of the
107	following as designated in an interlocal service boundary
108	agreement:
109	(a)  An unincorporated area that has been identified in an
110	interlocal service boundary agreement for municipal annexation
111	by a municipality that is a party to the agreement.
112	(b)  An unincorporated area that has been identified in an
113	interlocal service boundary agreement to receive municipal
114	services from a municipality that is a party to the agreement or
115	from the municipality's designee.
116	(10)  "Notified local government" means the county or a
117	municipality, other than an invited municipality, that receives
118	notice of a negotiation process.
119	(11)  "Unincorporated service area" means one or more of
120	the following as designated in an interlocal service boundary
121	agreement:
122	(a)  An unincorporated area that has been identified in an
123	interlocal service boundary agreement and that may not be
124	annexed without the consent of the county.
125	(b)  An unincorporated area that has been identified in an
126	interlocal service boundary agreement to receive municipal
127	services from a county or its designee.
128	171.203  Interlocal service boundary agreement.--It is the
129	intent of the Legislature to develop a process for the governing
130	body of a county and one or more municipalities or independent
131	special districts within a county to enter into an interlocal
132	service boundary agreement under this part.
133	Section 3.  This act shall take effect July 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.