1 | A bill to be entitled |
2 | An act relating to growth management; creating part II of |
3 | ch. 171, F.S.; providing a popular name; providing |
4 | legislative intent with respect to annexation and the |
5 | coordination of services by local governments; providing |
6 | definitions; providing for the creation of interlocal |
7 | service boundary agreements by a county and one or more |
8 | municipalities or independent special districts; |
9 | specifying the procedures for initiating an agreement and |
10 | responding to a proposal for agreements; identifying |
11 | issues the agreement may address; requiring local |
12 | governments that are a party to the agreement to amend |
13 | their comprehensive plans; providing limitations on the |
14 | review of certain ordinances; providing exception to the |
15 | limitation on plan amendments; specifying those persons |
16 | who may challenge a plan amendment required by the |
17 | agreement; requiring that an agreement be adopted by |
18 | resolution; providing prerequisites to annexation; |
19 | providing a process for annexation; providing for the |
20 | effect of an interlocal service boundary area agreement on |
21 | the parties to the agreement; providing for a transfer of |
22 | powers; authorizing a municipality to provide services |
23 | within an unincorporated area or territory of another |
24 | municipality; authorizing a county to exercise certain |
25 | powers within a municipality; providing for the effect on |
26 | interlocal agreements and county charters; providing a |
27 | presumption of validity; providing a procedure to settle a |
28 | dispute regarding an interlocal service boundary |
29 | agreement; amending s. 171.042, F.S.; revising the time |
30 | period for filing of a report; providing for a cause of |
31 | action to invalidate an annexation; requiring |
32 | municipalities to provide notice of proposed annexation to |
33 | certain persons; amending s. 171.044, F.S.; revising the |
34 | time period for providing a copy of a notice; providing |
35 | for a cause of action to invalidate an annexation; |
36 | creating s. 171.094, F.S.; providing for the effect of |
37 | interlocal service boundary agreements adopted under the |
38 | act; amending s. 171.081, F.S.; requiring a governmental |
39 | entity affected by annexation or contraction to initiate |
40 | conflict resolution procedures under certain |
41 | circumstances; amending s. 164.1058, F.S.; providing that |
42 | a governmental entity that fails to participate in |
43 | conflict resolution procedures shall be required to pay |
44 | attorney's fees and costs under certain conditions; |
45 | requesting the Division of Statutory Revision to designate |
46 | parts I and II of ch. 171, F.S.; providing an effective |
47 | date. |
48 |
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49 | Be It Enacted by the Legislature of the State of Florida: |
50 |
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51 | Section 1. Part II of chapter 171, Florida Statutes, |
52 | consisting of sections 171.20, 171.201, 171.202, 171.203, |
53 | 171.204, 171.205, 171.206, 171.207, 171.208, 171.209, 171.21, |
54 | 171.211, 171.212, and 171.213, is created to read: |
55 | 171.20 Short title.--This part may be cited as the |
56 | "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 | service delivery 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, which provides fire, |
87 | emergency medical, water, wastewater, or stormwater services. |
88 | (4) "Initiating county" means a county that commences the |
89 | process for negotiation of an interlocal service boundary |
90 | agreement through the adoption of an initiating resolution. |
91 | (5) "Initiating local government" means a county, |
92 | municipality, or independent special district that commences the |
93 | process for negotiation of an interlocal service boundary |
94 | agreement through the adoption of an initiating resolution. |
95 | (6) "Initiating municipality" means a municipality that |
96 | commences the process for negotiation of an interlocal service |
97 | boundary agreement through the adoption of an initiating |
98 | resolution. |
99 | (7) "Initiating resolution" means a resolution adopted by |
100 | a county, municipality, or independent special district which |
101 | commences the process for negotiation of an interlocal service |
102 | boundary agreement and which identifies the unincorporated area |
103 | and other issues for discussion. |
104 | (8) "Interlocal service boundary agreement" means an |
105 | agreement adopted under this part, between a county and one or |
106 | more municipalities, which may include one or more independent |
107 | special districts as parties to the agreement. |
108 | (9) "Invited municipality" means an initiating |
109 | municipality and any other municipality designated as such in an |
110 | initiating resolution or a responding resolution that invites |
111 | the municipality to participate in the negotiation of an |
112 | interlocal service boundary agreement. |
113 | (10) "Municipal service area" means one or more of the |
114 | following as designated in an interlocal service boundary |
115 | agreement: |
116 | (a) An unincorporated area that has been identified in an |
117 | interlocal service boundary agreement for municipal annexation |
118 | by a municipality that is a party to the agreement. |
119 | (b) An unincorporated area that has been identified in an |
120 | interlocal service boundary agreement to receive municipal |
121 | services from a municipality that is a party to the agreement or |
122 | from the municipality's designee. |
123 | (11) "Notified local government" means the county or a |
124 | municipality, other than an invited municipality, that receives |
125 | an initiating resolution. |
126 | (12) "Participating resolution" means the resolution |
127 | adopted by the initiating local government and the invited local |
128 | government. |
129 | (13) "Requesting resolution" means the resolution adopted |
130 | by a municipality seeking to participate in the negotiation of |
131 | an interlocal service boundary agreement. |
132 | (14) "Responding resolution" means the resolution adopted |
133 | by the county or an invited municipality which responds to the |
134 | initiating resolution and which may identify an additional |
135 | unincorporated area or another issue for discussion, or both, |
136 | and may designate an additional invited municipality. |
137 | (15) "Unincorporated service area" means one or more of |
138 | the following as designated in an interlocal service boundary |
139 | agreement: |
140 | (a) An unincorporated area that has been identified in an |
141 | interlocal service boundary agreement and that may not be |
142 | annexed without the consent of the county. |
143 | (b) An unincorporated area or incorporated area, or both, |
144 | which have been identified in an interlocal service boundary |
145 | agreement to receive municipal services from a county or its |
146 | designee or an independent special district. |
147 | 171.203 Interlocal service boundary agreement.--The |
148 | governing body of a county and one or more municipalities or |
149 | independent special districts within the county may enter into |
150 | an interlocal service boundary agreement under this part. The |
151 | governing body of a county, municipality, or an independent |
152 | special district may develop a process for reaching an |
153 | interlocal service boundary agreement which provides for public |
154 | participation in a manner that meets or exceeds the requirements |
155 | of subsection (11), or the governing bodies may use the process |
156 | established in this section. |
157 | (1) A county, municipality, or an independent special |
158 | district desiring to enter into an interlocal service boundary |
159 | agreement shall commence the negotiation process by adopting an |
160 | initiating resolution. The initiating resolution shall identify |
161 | an unincorporated area or incorporated area, or both, to be |
162 | discussed and the issues to be negotiated. The identified area |
163 | shall be specified in the initiating resolution by a descriptive |
164 | exhibit that includes, but need not be limited to, a map or |
165 | legal description of the designated area. The issues for |
166 | negotiation shall be listed in the initiating resolution and may |
167 | include, but need not be limited to, the issues listed in |
168 | subsection (6). An independent special district may initiate the |
169 | interlocal service boundary agreement for the sole purpose of |
170 | dissolving an independent special district. |
171 | (a) The initiating resolution of an initiating county must |
172 | designate one or more invited municipalities. The initiating |
173 | resolution of an initiating municipality may designate an |
174 | invited municipality. The initiating resolution of an |
175 | independent special district shall designate one or more invited |
176 | municipalities and invite the county. |
177 | (b) An initiating county shall send the initiating |
178 | resolution by United States certified mail to the chief |
179 | administrative officer of every invited municipality and each |
180 | other municipality within the county. An initiating municipality |
181 | shall send the initiating resolution by United States certified |
182 | mail to the chief administrative officer of the county, the |
183 | invited municipality, if any, and each other municipality within |
184 | the county. |
185 | (c) The initiating local government shall also send the |
186 | initiating resolution to the chief administrative officer of |
187 | each independent special district in the unincorporated area |
188 | designated in the initiating resolution. |
189 | (2) Within 60 days after the receipt of an initiating |
190 | resolution, the county or the invited municipality, as |
191 | appropriate, shall adopt a responding resolution. The responding |
192 | resolution may identify an additional unincorporated area or |
193 | incorporated area, or both, for discussion and may designate |
194 | additional issues for negotiation. The additional identified |
195 | area, if any, shall be specified in the responding resolution by |
196 | a descriptive exhibit that includes, but need not be limited to, |
197 | a map or legal description of the designated area. The |
198 | additional issues designated for negotiation, if any, shall be |
199 | listed in the responding resolution and may include, but need |
200 | not be limited to, the issues listed in subsection (6). The |
201 | responding resolution may also invite an additional municipality |
202 | to negotiate the interlocal service boundary agreement. |
203 | (a) Within 7 days after the adoption of a responding |
204 | resolution, the responding county shall send the responding |
205 | resolution by United States certified mail to the chief |
206 | administrative officer of the initiating municipality, each |
207 | invited municipality, if any, and the independent special |
208 | district that received an initiating resolution. |
209 | (b) Within 7 days after the adoption of a responding |
210 | resolution, an invited municipality shall send the responding |
211 | resolution by United States certified mail to the chief |
212 | administrative officer of the initiating county, each invited |
213 | municipality, if any, and each independent special district that |
214 | received an initiating resolution. |
215 | (c) An invited municipality that was invited by a |
216 | responding resolution shall adopt a responding resolution in |
217 | accordance with paragraph (b). |
218 | (d) Within 60 days after receipt of the initiating |
219 | resolution, any independent special district that received an |
220 | initiating resolution and that desires to participate in the |
221 | negotiations shall adopt a resolution indicating that it intends |
222 | to participate in the negotiation process for the interlocal |
223 | service boundary agreement. Within 7 days after the adoption of |
224 | the resolution, the independent special district shall send the |
225 | resolution by United States certified mail to the chief |
226 | administrative officer of the county, the initiating |
227 | municipality, each invited municipality, if any, and each |
228 | notified local government. |
229 | (3) A municipality within the county that is not an |
230 | invited municipality may request participation in the |
231 | negotiations for the interlocal service boundary agreement. Such |
232 | a request shall be accomplished by adopting a requesting |
233 | resolution within 60 days after receipt of the initiating |
234 | resolution or within 10 days after receipt of the responding |
235 | resolution. Within 7 days after adoption of the requesting |
236 | resolution, the requesting municipality shall send the |
237 | resolution by United States certified mail to the chief |
238 | administrative officer of the initiating local government and |
239 | each invited municipality. The county and the invited |
240 | municipality shall consider whether to allow a requesting |
241 | municipality to participate in the negotiations and, if they |
242 | agree, the county and the municipality shall adopt a |
243 | participating resolution allowing the requesting municipality to |
244 | participate in the negotiations. |
245 | (4) The county, the invited municipalities, the |
246 | participating municipalities, if any, and the independent |
247 | special districts, if any have adopted a resolution to |
248 | participate, shall begin negotiations within 60 days after |
249 | receipt of the responding resolution or a participating |
250 | resolution, whichever occurs later. |
251 | (5) An invited municipality that fails to adopt a |
252 | responding resolution shall be deemed to waive its right to |
253 | participate in the negotiation process and shall be bound by an |
254 | interlocal agreement resulting from such negotiation process, if |
255 | any is reached. |
256 | (6) An interlocal service boundary agreement may address |
257 | any issue concerning service delivery, fiscal responsibilities, |
258 | or boundary adjustment. The agreement may include, but need not |
259 | be limited to, provisions that: |
260 | (a) Identify a municipal service area. |
261 | (b) Identify an unincorporated service area. |
262 | (c) Identify the local government responsible for the |
263 | delivery or funding of the following services within the |
264 | municipal service area or the unincorporated service area: |
265 | 1. Public safety. |
266 | 2. Fire, emergency rescue, and medical services. |
267 | 3. Water and wastewater. |
268 | 4. Road ownership, construction, and maintenance. |
269 | 5. Conservation, parks, and recreation. |
270 | 6. Stormwater management and drainage. |
271 | (d) Address other services and infrastructure not |
272 | currently provided by an electric utility as defined by s. |
273 | 366.02(2) or a natural gas transmission company as defined by s. |
274 | 368.103(4). |
275 | (e) Establish a process and schedule for annexation of an |
276 | area within the designated municipal service area consistent |
277 | with s. 171.205. |
278 | (f) Establish a process for land use decisions consistent |
279 | with part II of chapter 163, including those made jointly by the |
280 | governing bodies of the county and the municipality, or allow a |
281 | municipality to adopt land use changes consistent with part II |
282 | of chapter 163 for areas that are scheduled to be annexed within |
283 | the term of the interlocal agreement, and allow an exemption |
284 | from the twice-per-year limitation applicable to changes to the |
285 | comprehensive plan under s. 163.3187. |
286 | (g) Address other issues concerning service delivery, |
287 | including the transfer of services and infrastructure and the |
288 | fiscal compensation to one county, municipality, or independent |
289 | special district from another county, municipality, or |
290 | independent special district. |
291 | (h) Provide for the joint use of facilities and the |
292 | colocation of services. |
293 | (i) Include a requirement for a report to the county of |
294 | the municipality's planned service delivery, as provided in s. |
295 | 171.042, or as otherwise determined by agreement. |
296 | (7) If the interlocal service boundary agreement addresses |
297 | land use planning responsibilities, the agreement must also |
298 | establish the procedures for the preparation and adoption of |
299 | comprehensive plan amendments, for the administration of land |
300 | development regulations, and for the issuance of development |
301 | orders. |
302 | (8) Each local government that is a party to the |
303 | interlocal service boundary agreement shall amend the |
304 | intergovernmental coordination element of its comprehensive |
305 | plan, as defined in s. 163.3177(6)(h)1., no later than 6 months |
306 | following entry of the interlocal service boundary agreement |
307 | consistent with s. 163.3177(6)(h)1. Plan amendments required by |
308 | this subsection are exempt from the twice-per-year limitation |
309 | under s. 163.3187. |
310 | (9) An affected person for the purpose of challenging a |
311 | comprehensive plan amendment required by paragraph (6)(f) |
312 | includes persons owning real property residing, owning, or |
313 | operating a business within the boundaries of the municipal |
314 | service area and owners of real property abutting real property |
315 | within the municipal service area that is the subject of the |
316 | comprehensive plan amendment in addition to those affected |
317 | persons who would have standing under s. 163.3184. |
318 | (10)(a) A municipality that is a party to an interlocal |
319 | service boundary agreement that identifies an unincorporated |
320 | area for municipal annexation under s. 171.202(10)(a) shall |
321 | adopt a municipal service area as an amendment to its |
322 | comprehensive plan to address future possible municipal |
323 | annexation. The state land planning agency shall review the |
324 | amendment for compliance with part II of chapter 163. |
325 | 1. A municipal service area must contain: |
326 | a. A boundary map of the municipal service area. |
327 | b. Population projections for the area. |
328 | c. Data and analysis supporting the provision of public |
329 | facilities for the area. |
330 | (b) This part shall not authorize the state land planning |
331 | agency to review, evaluate, determine, approve, or disapprove a |
332 | municipal ordinance relating to municipal annexation or |
333 | contraction. |
334 |
|
335 | A municipality or county may consider the adoption of any |
336 | comprehensive plan amendment required by this subsection without |
337 | regard to the provisions of s. 163.3187(1) regarding the |
338 | frequency of adoption of amendments to the comprehensive plan. |
339 | (10) An interlocal service boundary agreement may be for a |
340 | term of 20 years or less. The interlocal service boundary |
341 | agreement shall also include a provision requiring periodic |
342 | review. The interlocal service boundary agreement shall require |
343 | renegotiations to begin at least 18 months before its |
344 | termination date. |
345 | (11) No earlier than 6 months after the commencement of |
346 | negotiations, either of the initiating local governments or |
347 | both, the county, or the invited municipality may declare an |
348 | impasse in the negotiations and seek a resolution of the issues |
349 | under ss. 164.1053-164.1057. If the local governments fail to |
350 | agree at the conclusion of the process under chapter 164, the |
351 | local governments shall hold a joint public hearing on the |
352 | issues raised in the negotiations. |
353 | (12) When the local governments have reached an interlocal |
354 | service boundary agreement, the county and the municipality |
355 | shall adopt the agreement by ordinance under s. 166.041 or s. |
356 | 125.66, respectively. An independent special district, if it |
357 | consents to the agreement, shall adopt the agreement by final |
358 | order, resolution, or other method consistent with its charter. |
359 | The interlocal service boundary agreement shall take effect on |
360 | the day specified in the agreement or, if there is no date, upon |
361 | adoption by the county or the invited municipality, whichever |
362 | occurs later. Nothing in this part shall prohibit a county or |
363 | municipality from adopting an interlocal service boundary |
364 | agreement without the consent of an independent special |
365 | district. |
366 | (13) For a period of 6 months following the failure of the |
367 | local governments to consent to an interlocal service boundary |
368 | agreement, the initiating local government may not initiate the |
369 | negotiation process established in this section to require the |
370 | responding local government to negotiate an agreement concerning |
371 | the same identified unincorporated area and the same issues that |
372 | were specified in the failed initiating resolution. |
373 | (14) This part does not authorize one local government to |
374 | require another local government to enter into an interlocal |
375 | service boundary agreement. However, when the process for |
376 | negotiating an interlocal service boundary agreement is |
377 | initiated, the local governments shall negotiate in good faith |
378 | to the conclusion of the process established in this section. |
379 | (15) This section authorizes local governments to |
380 | simultaneously engage in negotiating more than one interlocal |
381 | service boundary agreement, notwithstanding that separate |
382 | negotiations concern similar or identical unincorporated areas |
383 | and issues. |
384 | (16) Elected local government officials are encouraged to |
385 | participate actively and directly in the negotiation process for |
386 | developing an interlocal service boundary agreement. |
387 | (17) This part does not impair any existing franchise |
388 | agreement without the consent of the franchisee. A municipality |
389 | or county shall retain all existing authority, if any, to |
390 | negotiate a franchise agreement with any private service |
391 | provider for use of public rights-of-way or the privilege of |
392 | providing a service. |
393 | (18) This part does not impair any existing contract |
394 | without the consent of the parties. |
395 | 171.204 Prerequisites to annexation under this part.--The |
396 | interlocal service boundary agreement may describe the character |
397 | of land that may be annexed and may provide that the |
398 | restrictions on the character of land that may be annexed |
399 | pursuant to part I are not restrictions on land that may be |
400 | annexed pursuant to this part. As determined in the interlocal |
401 | service boundary agreement, any character of land may be |
402 | annexed, including, but not limited to, an annexation of land |
403 | not contiguous to the boundaries of the annexing municipality, |
404 | an annexation that creates an enclave, an annexation where the |
405 | annexed area is not reasonably compact; provided, however, such |
406 | area shall meet the definition of urban in character as defined |
407 | in s. 171.031(8). The interlocal service boundary agreement may |
408 | not allow for annexation of land within a municipality that is |
409 | not a party to the agreement or of land that is within another |
410 | county. |
411 | 171.205 Consent requirements for annexation of land under |
412 | this part.--Notwithstanding part I, an interlocal service |
413 | boundary agreement may provide a process for annexation |
414 | consistent with this section or with part I. |
415 | (1) For all or a portion of the area within a designated |
416 | municipal service area, the interlocal service boundary |
417 | agreement may provide a flexible process for securing the |
418 | consent of the registered voters who reside in the area proposed |
419 | to be annexed, or property owners, or both, for annexation of |
420 | property within a municipal service area, with notice to the |
421 | registered voters who reside in the area proposed to be annexed, |
422 | or property owners, or both, as required in the interlocal |
423 | service boundary agreement. The interlocal service boundary |
424 | agreement may not authorize annexation unless the consent |
425 | requirements of part I are met or the annexation is consented to |
426 | by one or more of the following: |
427 | (a) The municipality has received a petition for |
428 | annexation from more than 50 percent of the registered voters |
429 | who reside in the area proposed to be annexed. |
430 | (b) The annexation is approved by a majority of the |
431 | registered voters who reside in the area proposed to be annexed |
432 | voting in a referendum on the annexation. |
433 | (c) The municipality has received a petition for |
434 | annexation from more than 50 percent of the property owners |
435 | within the area proposed to be annexed. |
436 | (2) For all or a portion of an enclave consisting of more |
437 | than 20 acres within a designated municipal service area, the |
438 | interlocal service boundary agreement may provide a flexible |
439 | process for securing the consent of the registered voters who |
440 | reside in the area proposed to be annexed and property owners in |
441 | order to annex the property, with notice to the registered |
442 | voters who reside in the area proposed to be annexed and |
443 | property owners as required in the interlocal service boundary |
444 | agreement. The interlocal service boundary agreement may not |
445 | authorize annexation of enclaves under this subsection unless |
446 | the consent requirements of part I are met, unless the |
447 | annexation process includes one or more of the procedures in |
448 | subsection (1), or unless the municipality has received a |
449 | petition for annexation from one or more property owners who own |
450 | real property in excess of 50 percent of the total real property |
451 | within the area to be annexed. |
452 | (3) For all or a portion of an enclave consisting of 20 |
453 | acres or less and with fewer than 100 registered voters within a |
454 | designated municipal service area, the interlocal service |
455 | boundary agreement may provide a flexible process for securing |
456 | the consent of the registered voters who reside in the area |
457 | proposed to be annexed and the property owners in order to annex |
458 | property within a municipal service area, with notice to the |
459 | registered voters who reside in the area proposed to be annexed |
460 | and the property owners as required in the interlocal service |
461 | boundary agreement. Such an annexation process may include one |
462 | or more of the procedures in subsection (1) and may allow |
463 | annexation according to the terms and conditions provided in the |
464 | interlocal service boundary agreement, which may include a |
465 | referendum of the registered voters who reside in the area |
466 | proposed to be annexed. |
467 | 171.206 Effect of interlocal service boundary area |
468 | agreement on annexations.-- |
469 | (1) An interlocal service boundary agreement is binding on |
470 | the parties to the agreement, and a party may not take any |
471 | action that violates the interlocal service boundary agreement. |
472 | (2) Notwithstanding part I, without consent of the county |
473 | and the affected municipality by resolution, a county or an |
474 | invited municipality may not take any action that violates the |
475 | interlocal service boundary agreement. |
476 | (3) If the independent special district that participated |
477 | in the negotiation process pursuant to s. 171.203(2)(d) does not |
478 | consent to the interlocal service boundary agreement and a |
479 | municipality annexes an area within the independent special |
480 | district, the municipality may consent to allowing the |
481 | independent special district to receive ad valorem tax revenue |
482 | or the independent special district may seek compensation |
483 | pursuant to s. 171.093. |
484 | 171.207 Transfer of powers.--This part is an alternative |
485 | provision otherwise provided by law, as authorized in s. 4, Art. |
486 | VIII of the State Constitution, for any transfer of power |
487 | resulting from an interlocal service boundary agreement for the |
488 | provision of services or the acquisition of public facilities |
489 | entered into by a county, municipality, independent special |
490 | district, or other entity created pursuant to law. |
491 | 171.208 Municipal extraterritorial power.--This part |
492 | authorizes a municipality to exercise extraterritorial powers |
493 | that include, but are not limited to, the authority to provide |
494 | services and facilities within the unincorporated area or within |
495 | the territory of another municipality as provided within an |
496 | interlocal service boundary agreement. This power is in addition |
497 | to other municipal powers that otherwise exist. |
498 | 171.209 County incorporated area power.--As provided in an |
499 | interlocal service boundary agreement, this part authorizes a |
500 | county to exercise powers within a municipality that include, |
501 | but are not limited to, the authority to provide services and |
502 | facilities within the territory of a municipality. This power is |
503 | in addition to other county powers that otherwise exist. |
504 | 171.21 Effect of part on interlocal agreement and county |
505 | charter.--A joint planning agreement, a charter provision |
506 | adopted under s. 171.044(4), or any other interlocal agreement |
507 | between local governments including a county, municipality, or |
508 | independent special district is not affected by this part; |
509 | however, the county, municipality, or independent special |
510 | district may avail themselves of this part, which may result in |
511 | the repeal or modification of a joint planning agreement or |
512 | other interlocal agreement. |
513 | 171.211 Interlocal service boundary agreement presumed |
514 | valid and binding.-- |
515 | (1) If there is litigation over the terms, conditions, |
516 | construction, or enforcement of an interlocal service boundary |
517 | agreement, the agreement shall be presumed valid, and the |
518 | challenger has the burden of proving its invalidity. |
519 | (2) Notwithstanding part I, it is the intent of this part |
520 | to authorize a municipality to enter into an interlocal service |
521 | boundary agreement that enhances, restricts, or precludes |
522 | annexations during the term of the agreement. |
523 | 171.212 Disputes regarding construction and effect of an |
524 | interlocal service boundary agreement.--If there is a question |
525 | or dispute about the construction or effect of an interlocal |
526 | service boundary agreement, a local government shall initiate |
527 | and proceed through the conflict resolution procedures |
528 | established in chapter 164. If there is a failure to resolve the |
529 | conflict, no later than 30 days following the conclusion of the |
530 | procedures established in chapter 164, the local government may |
531 | file an action in circuit court. For purposes of this section, |
532 | the term "local government" means a party to the interlocal |
533 | service boundary agreement. |
534 | Section 2. Subsection (2) of section 171.042, Florida |
535 | Statutes, is amended, and subsection (3) is added to said |
536 | section, to read: |
537 | 171.042 Prerequisites to annexation.-- |
538 | (2) Not fewer than 15 days prior to commencing the |
539 | annexation procedures under s. 171.0413, the governing body of |
540 | the municipality shall file a copy of the report required by |
541 | this section with the board of county commissioners of the |
542 | county wherein the municipality is located. The notice provision |
543 | provided in this subsection may be the basis for a cause of |
544 | action invalidating the annexation. |
545 | (3) Notice shall be provided by the municipality to the |
546 | affected residents within the proposed area to be annexed. |
547 | Section 3. Subsection (6) of section 171.044, Florida |
548 | Statutes, is amended to read: |
549 | 171.044 Voluntary annexation.-- |
550 | (6) Not fewer than 10 days prior to Upon publishing or |
551 | posting the ordinance notice required under subsection (2), the |
552 | governing body of the municipality must provide a copy of the |
553 | notice, via certified mail, to the board of the county |
554 | commissioners of the county wherein the municipality is located. |
555 | The notice provision provided in this subsection may shall not |
556 | be the basis for a of any cause of action invalidating |
557 | challenging the annexation. |
558 | Section 4. Section 171.094, Florida Statutes, is created |
559 | to read: |
560 | 171.094 Effect of interlocal service boundary agreements |
561 | adopted under part II on annexations under this part.-- |
562 | (1) An interlocal service boundary agreement entered into |
563 | pursuant to part II is binding on the parties to the agreement |
564 | and a party may not take any action that violates the interlocal |
565 | service boundary agreement. |
566 | (2) Notwithstanding any other provision of this part, |
567 | without the consent of the county, the affected municipality or |
568 | affected independent special district by resolution, a county, |
569 | an invited municipality or independent special district may not |
570 | take any action that violates an interlocal service boundary |
571 | agreement. |
572 | Section 5. Section 171.081, Florida Statutes, is amended |
573 | to read: |
574 | 171.081 Appeal on annexation or contraction.-- |
575 | (1) No later than 30 days following the passage of an |
576 | annexation or contraction ordinance, Any party affected who |
577 | believes that he or she will suffer material injury by reason of |
578 | the failure of the municipal governing body to comply with the |
579 | procedures set forth in this chapter for annexation or |
580 | contraction or to meet the requirements established for |
581 | annexation or contraction as they apply to his or her property |
582 | may file a petition in the circuit court for the county in which |
583 | the municipality or municipalities are located seeking review by |
584 | certiorari. The action may be initiated at the party's option |
585 | either within 30 days following the passage of the annexation or |
586 | contraction ordinance or within 30 days following the completion |
587 | of the dispute resolution process in subsection (2). In any |
588 | action instituted pursuant to this subsection section, the |
589 | complainant, should he or she prevail, shall be entitled to |
590 | reasonable costs and attorney's fees. |
591 | (2) If the affected party is a governmental entity, no |
592 | later than 30 days following the passage of an annexation or |
593 | contraction ordinance, the governmental entity must initiate and |
594 | proceed through the conflict resolution procedures established |
595 | in chapter 164. If there is a failure to resolve the conflict, |
596 | no later than 30 days following the conclusion of the procedures |
597 | established in chapter 164, the governmental entity that |
598 | initiated the conflict resolution procedures may file a petition |
599 | in the circuit court for the county in which the municipality or |
600 | municipalities are located seeking review by certiorari. In any |
601 | legal action instituted pursuant to this subsection, the |
602 | prevailing party is entitled to reasonable costs and attorney's |
603 | fees. |
604 | Section 6. Section 164.1058, Florida Statutes, is amended |
605 | to read: |
606 | 164.1058 Penalty.--If a primary conflicting governmental |
607 | entity which has received notice of intent to initiate the |
608 | conflict resolution procedure pursuant to this act fails to |
609 | participate in good faith in the conflict assessment meeting, |
610 | mediation, or other remedies provided for in this act, and the |
611 | initiating governmental entity files suit and is the prevailing |
612 | party in such suit, the primary disputing governmental entity |
613 | that which failed to participate in good faith shall be required |
614 | to pay the attorney's fees and costs in that proceeding of the |
615 | prevailing primary conflicting governmental entity which |
616 | initiated the conflict resolution procedure. |
617 | Section 7. The Division of Statutory Revision is requested |
618 | to designate sections 171.011-171.094, Florida Statutes, as part |
619 | I of chapter 171, Florida Statutes, and sections 171.20-171.213, |
620 | Florida Statutes, as created by this act, as part II of chapter |
621 | 171, Florida Statutes. |
622 | Section 8. This act shall take effect upon becoming a law. |