HB 1495

1
A bill to be entitled
2An act relating to growth management; creating part II of
3ch. 171, F.S.; providing a popular name; providing
4legislative intent with respect to annexation and the
5coordination of services by local governments; providing
6definitions; providing for the creation of interlocal
7service boundary agreements by a county and one or more
8municipalities or independent special districts;
9specifying the procedures for initiating an agreement and
10responding to a proposal for agreements; identifying
11issues the agreement may address; requiring local
12governments that are a party to the agreement to amend
13their comprehensive plans; providing limitations on the
14review of certain ordinances; providing exception to the
15limitation on plan amendments; specifying those persons
16who may challenge a plan amendment required by the
17agreement; requiring that an agreement be adopted by
18resolution; providing prerequisites to annexation;
19providing a process for annexation; providing for the
20effect of an interlocal service boundary area agreement on
21the parties to the agreement; providing for a transfer of
22powers; authorizing a municipality to provide services
23within an unincorporated area or territory of another
24municipality; authorizing a county to exercise certain
25powers within a municipality; providing for the effect on
26interlocal agreements and county charters; providing a
27presumption of validity; providing a procedure to settle a
28dispute regarding an interlocal service boundary
29agreement; amending s. 171.042, F.S.; revising the time
30period for filing of a report; providing for a cause of
31action to invalidate an annexation; requiring
32municipalities to provide notice of proposed annexation to
33certain persons; amending s. 171.044, F.S.; revising the
34time period for providing a copy of a notice; providing
35for a cause of action to invalidate an annexation;
36creating s. 171.094, F.S.; providing for the effect of
37interlocal service boundary agreements adopted under the
38act; amending s. 171.081, F.S.; requiring a governmental
39entity affected by annexation or contraction to initiate
40conflict resolution procedures under certain
41circumstances; amending s. 164.1058, F.S.; providing that
42a governmental entity that fails to participate in
43conflict resolution procedures shall be required to pay
44attorney's fees and costs under certain conditions;
45requesting the Division of Statutory Revision to designate
46parts I and II of ch. 171, F.S.; providing an effective
47date.
48
49Be It Enacted by the Legislature of the State of Florida:
50
51     Section 1.  Part II of chapter 171, Florida Statutes,
52consisting of sections 171.20, 171.201, 171.202, 171.203,
53171.204, 171.205, 171.206, 171.207, 171.208, 171.209, 171.21,
54171.211, 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
58provide an alternative to part I of this chapter for local
59governments regarding the annexation of territory into a
60municipality and the subtraction of territory from the
61unincorporated area of the county. The principal goal of this
62part is to encourage local governments to jointly determine how
63to provide services to residents and property in the most
64efficient and effective manner while balancing the needs and
65desires of the community. This part is intended to establish a
66more flexible process for adjusting municipal boundaries and to
67address a wider range of annexation impacts. This part is
68intended to encourage intergovernmental coordination in
69planning, service delivery, and boundary adjustments and to
70reduce intergovernmental conflicts and litigation between local
71governments. It is the intent of this part to promote sensible
72boundaries that reduce the costs of local governments, avoid
73local service duplication, and increase political transparency
74and accountability. This part is intended to prevent inefficient
75service delivery and an insufficient tax base to support the
76delivery of those services.
77     171.202  Definitions.--As used in this part, the term:
78     (1)  "Chief administrative officer" means the municipal
79administrator, municipal manager, county manager, county
80administrator, or other officer of the municipality, county, or
81independent special district who reports directly to the
82governing body of the local government.
83     (2)  "Enclave" has the same meaning as provided in s.
84171.031(13).
85     (3)  "Independent special district" means an independent
86special district, as defined in s. 189.403, which provides fire,
87emergency medical, water, wastewater, or stormwater services.
88     (4)  "Initiating county" means a county that commences the
89process for negotiation of an interlocal service boundary
90agreement through the adoption of an initiating resolution.
91     (5)  "Initiating local government" means a county,
92municipality, or independent special district that commences the
93process for negotiation of an interlocal service boundary
94agreement through the adoption of an initiating resolution.
95     (6)  "Initiating municipality" means a municipality that
96commences the process for negotiation of an interlocal service
97boundary agreement through the adoption of an initiating
98resolution.
99     (7)  "Initiating resolution" means a resolution adopted by
100a county, municipality, or independent special district which
101commences the process for negotiation of an interlocal service
102boundary agreement and which identifies the unincorporated area
103and other issues for discussion.
104     (8)  "Interlocal service boundary agreement" means an
105agreement adopted under this part, between a county and one or
106more municipalities, which may include one or more independent
107special districts as parties to the agreement.
108     (9)  "Invited municipality" means an initiating
109municipality and any other municipality designated as such in an
110initiating resolution or a responding resolution that invites
111the municipality to participate in the negotiation of an
112interlocal service boundary agreement.
113     (10)  "Municipal service area" means one or more of the
114following as designated in an interlocal service boundary
115agreement:
116     (a)  An unincorporated area that has been identified in an
117interlocal service boundary agreement for municipal annexation
118by a municipality that is a party to the agreement.
119     (b)  An unincorporated area that has been identified in an
120interlocal service boundary agreement to receive municipal
121services from a municipality that is a party to the agreement or
122from the municipality's designee.
123     (11)  "Notified local government" means the county or a
124municipality, other than an invited municipality, that receives
125an initiating resolution.
126     (12)  "Participating resolution" means the resolution
127adopted by the initiating local government and the invited local
128government.
129     (13)  "Requesting resolution" means the resolution adopted
130by a municipality seeking to participate in the negotiation of
131an interlocal service boundary agreement.
132     (14)  "Responding resolution" means the resolution adopted
133by the county or an invited municipality which responds to the
134initiating resolution and which may identify an additional
135unincorporated area or another issue for discussion, or both,
136and may designate an additional invited municipality.
137     (15)  "Unincorporated service area" means one or more of
138the following as designated in an interlocal service boundary
139agreement:
140     (a)  An unincorporated area that has been identified in an
141interlocal service boundary agreement and that may not be
142annexed without the consent of the county.
143     (b)  An unincorporated area or incorporated area, or both,
144which have been identified in an interlocal service boundary
145agreement to receive municipal services from a county or its
146designee or an independent special district.
147     171.203  Interlocal service boundary agreement.--The
148governing body of a county and one or more municipalities or
149independent special districts within the county may enter into
150an interlocal service boundary agreement under this part. The
151governing body of a county, municipality, or an independent
152special district may develop a process for reaching an
153interlocal service boundary agreement which provides for public
154participation in a manner that meets or exceeds the requirements
155of subsection (11), or the governing bodies may use the process
156established in this section.
157     (1)  A county, municipality, or an independent special
158district desiring to enter into an interlocal service boundary
159agreement shall commence the negotiation process by adopting an
160initiating resolution. The initiating resolution shall identify
161an unincorporated area or incorporated area, or both, to be
162discussed and the issues to be negotiated. The identified area
163shall be specified in the initiating resolution by a descriptive
164exhibit that includes, but need not be limited to, a map or
165legal description of the designated area. The issues for
166negotiation shall be listed in the initiating resolution and may
167include, but need not be limited to, the issues listed in
168subsection (6). An independent special district may initiate the
169interlocal service boundary agreement for the sole purpose of
170dissolving an independent special district.
171     (a)  The initiating resolution of an initiating county must
172designate one or more invited municipalities. The initiating
173resolution of an initiating municipality may designate an
174invited municipality. The initiating resolution of an
175independent special district shall designate one or more invited
176municipalities and invite the county.
177     (b)  An initiating county shall send the initiating
178resolution by United States certified mail to the chief
179administrative officer of every invited municipality and each
180other municipality within the county. An initiating municipality
181shall send the initiating resolution by United States certified
182mail to the chief administrative officer of the county, the
183invited municipality, if any, and each other municipality within
184the county.
185     (c)  The initiating local government shall also send the
186initiating resolution to the chief administrative officer of
187each independent special district in the unincorporated area
188designated in the initiating resolution.
189     (2)  Within 60 days after the receipt of an initiating
190resolution, the county or the invited municipality, as
191appropriate, shall adopt a responding resolution. The responding
192resolution may identify an additional unincorporated area or
193incorporated area, or both, for discussion and may designate
194additional issues for negotiation. The additional identified
195area, if any, shall be specified in the responding resolution by
196a descriptive exhibit that includes, but need not be limited to,
197a map or legal description of the designated area. The
198additional issues designated for negotiation, if any, shall be
199listed in the responding resolution and may include, but need
200not be limited to, the issues listed in subsection (6). The
201responding resolution may also invite an additional municipality
202to negotiate the interlocal service boundary agreement.
203     (a)  Within 7 days after the adoption of a responding
204resolution, the responding county shall send the responding
205resolution by United States certified mail to the chief
206administrative officer of the initiating municipality, each
207invited municipality, if any, and the independent special
208district that received an initiating resolution.
209     (b)  Within 7 days after the adoption of a responding
210resolution, an invited municipality shall send the responding
211resolution by United States certified mail to the chief
212administrative officer of the initiating county, each invited
213municipality, if any, and each independent special district that
214received an initiating resolution.
215     (c)  An invited municipality that was invited by a
216responding resolution shall adopt a responding resolution in
217accordance with paragraph (b).
218     (d)  Within 60 days after receipt of the initiating
219resolution, any independent special district that received an
220initiating resolution and that desires to participate in the
221negotiations shall adopt a resolution indicating that it intends
222to participate in the negotiation process for the interlocal
223service boundary agreement. Within 7 days after the adoption of
224the resolution, the independent special district shall send the
225resolution by United States certified mail to the chief
226administrative officer of the county, the initiating
227municipality, each invited municipality, if any, and each
228notified local government.
229     (3)  A municipality within the county that is not an
230invited municipality may request participation in the
231negotiations for the interlocal service boundary agreement. Such
232a request shall be accomplished by adopting a requesting
233resolution within 60 days after receipt of the initiating
234resolution or within 10 days after receipt of the responding
235resolution. Within 7 days after adoption of the requesting
236resolution, the requesting municipality shall send the
237resolution by United States certified mail to the chief
238administrative officer of the initiating local government and
239each invited municipality. The county and the invited
240municipality shall consider whether to allow a requesting
241municipality to participate in the negotiations and, if they
242agree, the county and the municipality shall adopt a
243participating resolution allowing the requesting municipality to
244participate in the negotiations.
245     (4)  The county, the invited municipalities, the
246participating municipalities, if any, and the independent
247special districts, if any have adopted a resolution to
248participate, shall begin negotiations within 60 days after
249receipt of the responding resolution or a participating
250resolution, whichever occurs later.
251     (5)  An invited municipality that fails to adopt a
252responding resolution shall be deemed to waive its right to
253participate in the negotiation process and shall be bound by an
254interlocal agreement resulting from such negotiation process, if
255any is reached.
256     (6)  An interlocal service boundary agreement may address
257any issue concerning service delivery, fiscal responsibilities,
258or boundary adjustment. The agreement may include, but need not
259be 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
263delivery or funding of the following services within the
264municipal 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
272currently provided by an electric utility as defined by s.
273366.02(2) or a natural gas transmission company as defined by s.
274368.103(4).
275     (e)  Establish a process and schedule for annexation of an
276area within the designated municipal service area consistent
277with s. 171.205.
278     (f)  Establish a process for land use decisions consistent
279with part II of chapter 163, including those made jointly by the
280governing bodies of the county and the municipality, or allow a
281municipality to adopt land use changes consistent with part II
282of chapter 163 for areas that are scheduled to be annexed within
283the term of the interlocal agreement, and allow an exemption
284from the twice-per-year limitation applicable to changes to the
285comprehensive plan under s. 163.3187.
286     (g)  Address other issues concerning service delivery,
287including the transfer of services and infrastructure and the
288fiscal compensation to one county, municipality, or independent
289special district from another county, municipality, or
290independent special district.
291     (h)  Provide for the joint use of facilities and the
292colocation of services.
293     (i)  Include a requirement for a report to the county of
294the municipality's planned service delivery, as provided in s.
295171.042, or as otherwise determined by agreement.
296     (7)  If the interlocal service boundary agreement addresses
297land use planning responsibilities, the agreement must also
298establish the procedures for the preparation and adoption of
299comprehensive plan amendments, for the administration of land
300development regulations, and for the issuance of development
301orders.
302     (8)  Each local government that is a party to the
303interlocal service boundary agreement shall amend the
304intergovernmental coordination element of its comprehensive
305plan, as defined in s. 163.3177(6)(h)1., no later than 6 months
306following entry of the interlocal service boundary agreement
307consistent with s. 163.3177(6)(h)1. Plan amendments required by
308this subsection are exempt from the twice-per-year limitation
309under s. 163.3187.
310     (9)  An affected person for the purpose of challenging a
311comprehensive plan amendment required by paragraph (6)(f)
312includes persons owning real property residing, owning, or
313operating a business within the boundaries of the municipal
314service area and owners of real property abutting real property
315within the municipal service area that is the subject of the
316comprehensive plan amendment in addition to those affected
317persons who would have standing under s. 163.3184.
318     (10)(a)  A municipality that is a party to an interlocal
319service boundary agreement that identifies an unincorporated
320area for municipal annexation under s. 171.202(10)(a) shall
321adopt a municipal service area as an amendment to its
322comprehensive plan to address future possible municipal
323annexation. The state land planning agency shall review the
324amendment 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
329facilities for the area.
330     (b)  This part shall not authorize the state land planning
331agency to review, evaluate, determine, approve, or disapprove a
332municipal ordinance relating to municipal annexation or
333contraction.
334
335A municipality or county may consider the adoption of any
336comprehensive plan amendment required by this subsection without
337regard to the provisions of s. 163.3187(1) regarding the
338frequency of adoption of amendments to the comprehensive plan.
339     (10)  An interlocal service boundary agreement may be for a
340term of 20 years or less. The interlocal service boundary
341agreement shall also include a provision requiring periodic
342review. The interlocal service boundary agreement shall require
343renegotiations to begin at least 18 months before its
344termination date.
345     (11)  No earlier than 6 months after the commencement of
346negotiations, either of the initiating local governments or
347both, the county, or the invited municipality may declare an
348impasse in the negotiations and seek a resolution of the issues
349under ss. 164.1053-164.1057. If the local governments fail to
350agree at the conclusion of the process under chapter 164, the
351local governments shall hold a joint public hearing on the
352issues raised in the negotiations.
353     (12)  When the local governments have reached an interlocal
354service boundary agreement, the county and the municipality
355shall adopt the agreement by ordinance under s. 166.041 or s.
356125.66, respectively. An independent special district, if it
357consents to the agreement, shall adopt the agreement by final
358order, resolution, or other method consistent with its charter.
359The interlocal service boundary agreement shall take effect on
360the day specified in the agreement or, if there is no date, upon
361adoption by the county or the invited municipality, whichever
362occurs later. Nothing in this part shall prohibit a county or
363municipality from adopting an interlocal service boundary
364agreement without the consent of an independent special
365district.
366     (13)  For a period of 6 months following the failure of the
367local governments to consent to an interlocal service boundary
368agreement, the initiating local government may not initiate the
369negotiation process established in this section to require the
370responding local government to negotiate an agreement concerning
371the same identified unincorporated area and the same issues that
372were specified in the failed initiating resolution.
373     (14)  This part does not authorize one local government to
374require another local government to enter into an interlocal
375service boundary agreement. However, when the process for
376negotiating an interlocal service boundary agreement is
377initiated, the local governments shall negotiate in good faith
378to the conclusion of the process established in this section.
379     (15)  This section authorizes local governments to
380simultaneously engage in negotiating more than one interlocal
381service boundary agreement, notwithstanding that separate
382negotiations concern similar or identical unincorporated areas
383and issues.
384     (16)  Elected local government officials are encouraged to
385participate actively and directly in the negotiation process for
386developing an interlocal service boundary agreement.
387     (17)  This part does not impair any existing franchise
388agreement without the consent of the franchisee. A municipality
389or county shall retain all existing authority, if any, to
390negotiate a franchise agreement with any private service
391provider for use of public rights-of-way or the privilege of
392providing a service.
393     (18)  This part does not impair any existing contract
394without the consent of the parties.
395     171.204  Prerequisites to annexation under this part.--The
396interlocal service boundary agreement may describe the character
397of land that may be annexed and may provide that the
398restrictions on the character of land that may be annexed
399pursuant to part I are not restrictions on land that may be
400annexed pursuant to this part. As determined in the interlocal
401service boundary agreement, any character of land may be
402annexed, including, but not limited to, an annexation of land
403not contiguous to the boundaries of the annexing municipality,
404an annexation that creates an enclave, an annexation where the
405annexed area is not reasonably compact; provided, however, such
406area shall meet the definition of urban in character as defined
407in s. 171.031(8). The interlocal service boundary agreement may
408not allow for annexation of land within a municipality that is
409not a party to the agreement or of land that is within another
410county.
411     171.205  Consent requirements for annexation of land under
412this part.--Notwithstanding part I, an interlocal service
413boundary agreement may provide a process for annexation
414consistent with this section or with part I.
415     (1)  For all or a portion of the area within a designated
416municipal service area, the interlocal service boundary
417agreement may provide a flexible process for securing the
418consent of the registered voters who reside in the area proposed
419to be annexed, or property owners, or both, for annexation of
420property within a municipal service area, with notice to the
421registered voters who reside in the area proposed to be annexed,
422or property owners, or both, as required in the interlocal
423service boundary agreement. The interlocal service boundary
424agreement may not authorize annexation unless the consent
425requirements of part I are met or the annexation is consented to
426by one or more of the following:
427     (a)  The municipality has received a petition for
428annexation from more than 50 percent of the registered voters
429who reside in the area proposed to be annexed.
430     (b)  The annexation is approved by a majority of the
431registered voters who reside in the area proposed to be annexed
432voting in a referendum on the annexation.
433     (c)  The municipality has received a petition for
434annexation from more than 50 percent of the property owners
435within the area proposed to be annexed.
436     (2)  For all or a portion of an enclave consisting of more
437than 20 acres within a designated municipal service area, the
438interlocal service boundary agreement may provide a flexible
439process for securing the consent of the registered voters who
440reside in the area proposed to be annexed and property owners in
441order to annex the property, with notice to the registered
442voters who reside in the area proposed to be annexed and
443property owners as required in the interlocal service boundary
444agreement. The interlocal service boundary agreement may not
445authorize annexation of enclaves under this subsection unless
446the consent requirements of part I are met, unless the
447annexation process includes one or more of the procedures in
448subsection (1), or unless the municipality has received a
449petition for annexation from one or more property owners who own
450real property in excess of 50 percent of the total real property
451within the area to be annexed.
452     (3)  For all or a portion of an enclave consisting of 20
453acres or less and with fewer than 100 registered voters within a
454designated municipal service area, the interlocal service
455boundary agreement may provide a flexible process for securing
456the consent of the registered voters who reside in the area
457proposed to be annexed and the property owners in order to annex
458property within a municipal service area, with notice to the
459registered voters who reside in the area proposed to be annexed
460and the property owners as required in the interlocal service
461boundary agreement. Such an annexation process may include one
462or more of the procedures in subsection (1) and may allow
463annexation according to the terms and conditions provided in the
464interlocal service boundary agreement, which may include a
465referendum of the registered voters who reside in the area
466proposed to be annexed.
467     171.206  Effect of interlocal service boundary area
468agreement on annexations.--
469     (1)  An interlocal service boundary agreement is binding on
470the parties to the agreement, and a party may not take any
471action that violates the interlocal service boundary agreement.
472     (2)  Notwithstanding part I, without consent of the county
473and the affected municipality by resolution, a county or an
474invited municipality may not take any action that violates the
475interlocal service boundary agreement.
476     (3)  If the independent special district that participated
477in the negotiation process pursuant to s. 171.203(2)(d) does not
478consent to the interlocal service boundary agreement and a
479municipality annexes an area within the independent special
480district, the municipality may consent to allowing the
481independent special district to receive ad valorem tax revenue
482or the independent special district may seek compensation
483pursuant to s. 171.093.
484     171.207  Transfer of powers.--This part is an alternative
485provision otherwise provided by law, as authorized in s. 4, Art.
486VIII of the State Constitution, for any transfer of power
487resulting from an interlocal service boundary agreement for the
488provision of services or the acquisition of public facilities
489entered into by a county, municipality, independent special
490district, or other entity created pursuant to law.
491     171.208  Municipal extraterritorial power.--This part
492authorizes a municipality to exercise extraterritorial powers
493that include, but are not limited to, the authority to provide
494services and facilities within the unincorporated area or within
495the territory of another municipality as provided within an
496interlocal service boundary agreement. This power is in addition
497to other municipal powers that otherwise exist.
498     171.209  County incorporated area power.--As provided in an
499interlocal service boundary agreement, this part authorizes a
500county to exercise powers within a municipality that include,
501but are not limited to, the authority to provide services and
502facilities within the territory of a municipality. This power is
503in addition to other county powers that otherwise exist.
504     171.21  Effect of part on interlocal agreement and county
505charter.--A joint planning agreement, a charter provision
506adopted under s. 171.044(4), or any other interlocal agreement
507between local governments including a county, municipality, or
508independent special district is not affected by this part;
509however, the county, municipality, or independent special
510district may avail themselves of this part, which may result in
511the repeal or modification of a joint planning agreement or
512other interlocal agreement.
513     171.211  Interlocal service boundary agreement presumed
514valid and binding.--
515     (1)  If there is litigation over the terms, conditions,
516construction, or enforcement of an interlocal service boundary
517agreement, the agreement shall be presumed valid, and the
518challenger has the burden of proving its invalidity.
519     (2)  Notwithstanding part I, it is the intent of this part
520to authorize a municipality to enter into an interlocal service
521boundary agreement that enhances, restricts, or precludes
522annexations during the term of the agreement.
523     171.212  Disputes regarding construction and effect of an
524interlocal service boundary agreement.--If there is a question
525or dispute about the construction or effect of an interlocal
526service boundary agreement, a local government shall initiate
527and proceed through the conflict resolution procedures
528established in chapter 164. If there is a failure to resolve the
529conflict, no later than 30 days following the conclusion of the
530procedures established in chapter 164, the local government may
531file an action in circuit court. For purposes of this section,
532the term "local government" means a party to the interlocal
533service boundary agreement.
534     Section 2.  Subsection (2) of section 171.042, Florida
535Statutes, is amended, and subsection (3) is added to said
536section, to read:
537     171.042  Prerequisites to annexation.--
538     (2)  Not fewer than 15 days prior to commencing the
539annexation procedures under s. 171.0413, the governing body of
540the municipality shall file a copy of the report required by
541this section with the board of county commissioners of the
542county wherein the municipality is located. The notice provision
543provided in this subsection may be the basis for a cause of
544action invalidating the annexation.
545     (3)  Notice shall be provided by the municipality to the
546affected residents within the proposed area to be annexed.
547     Section 3.  Subsection (6) of section 171.044, Florida
548Statutes, is amended to read:
549     171.044  Voluntary annexation.--
550     (6)  Not fewer than 10 days prior to Upon publishing or
551posting the ordinance notice required under subsection (2), the
552governing body of the municipality must provide a copy of the
553notice, via certified mail, to the board of the county
554commissioners of the county wherein the municipality is located.
555The notice provision provided in this subsection may shall not
556be the basis for a of any cause of action invalidating
557challenging the annexation.
558     Section 4.  Section 171.094, Florida Statutes, is created
559to read:
560     171.094  Effect of interlocal service boundary agreements
561adopted under part II on annexations under this part.--
562     (1)  An interlocal service boundary agreement entered into
563pursuant to part II is binding on the parties to the agreement
564and a party may not take any action that violates the interlocal
565service boundary agreement.
566     (2)  Notwithstanding any other provision of this part,
567without the consent of the county, the affected municipality or
568affected independent special district by resolution, a county,
569an invited municipality or independent special district may not
570take any action that violates an interlocal service boundary
571agreement.
572     Section 5.  Section 171.081, Florida Statutes, is amended
573to read:
574     171.081  Appeal on annexation or contraction.--
575     (1)  No later than 30 days following the passage of an
576annexation or contraction ordinance, Any party affected who
577believes that he or she will suffer material injury by reason of
578the failure of the municipal governing body to comply with the
579procedures set forth in this chapter for annexation or
580contraction or to meet the requirements established for
581annexation or contraction as they apply to his or her property
582may file a petition in the circuit court for the county in which
583the municipality or municipalities are located seeking review by
584certiorari. The action may be initiated at the party's option
585either within 30 days following the passage of the annexation or
586contraction ordinance or within 30 days following the completion
587of the dispute resolution process in subsection (2). In any
588action instituted pursuant to this subsection section, the
589complainant, should he or she prevail, shall be entitled to
590reasonable costs and attorney's fees.
591     (2)  If the affected party is a governmental entity, no
592later than 30 days following the passage of an annexation or
593contraction ordinance, the governmental entity must initiate and
594proceed through the conflict resolution procedures established
595in chapter 164. If there is a failure to resolve the conflict,
596no later than 30 days following the conclusion of the procedures
597established in chapter 164, the governmental entity that
598initiated the conflict resolution procedures may file a petition
599in the circuit court for the county in which the municipality or
600municipalities are located seeking review by certiorari. In any
601legal action instituted pursuant to this subsection, the
602prevailing party is entitled to reasonable costs and attorney's
603fees.
604     Section 6.  Section 164.1058, Florida Statutes, is amended
605to read:
606     164.1058  Penalty.--If a primary conflicting governmental
607entity which has received notice of intent to initiate the
608conflict resolution procedure pursuant to this act fails to
609participate in good faith in the conflict assessment meeting,
610mediation, or other remedies provided for in this act, and the
611initiating governmental entity files suit and is the prevailing
612party in such suit, the primary disputing governmental entity
613that which failed to participate in good faith shall be required
614to pay the attorney's fees and costs in that proceeding of the
615prevailing primary conflicting governmental entity which
616initiated the conflict resolution procedure.
617     Section 7.  The Division of Statutory Revision is requested
618to designate sections 171.011-171.094, Florida Statutes, as part
619I of chapter 171, Florida Statutes, and sections 171.20-171.213,
620Florida Statutes, as created by this act, as part II of chapter
621171, Florida Statutes.
622     Section 8.  This act shall take effect upon becoming a law.


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