Senate Bill sb0926
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 926
By Senator Constantine
22-22A-05
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
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 926
22-22A-05
1 county charters; providing a presumption of
2 validity; providing a procedure to settle a
3 dispute regarding an interlocal service
4 boundary agreement; amending s. 171.042, F.S.;
5 revising the time period for filing of a
6 report; providing for a cause of action to
7 invalidate an annexation; requiring
8 municipalities to provide notice of proposed
9 annexation to certain persons; amending s.
10 171.044, F.S.; revising the time period for
11 providing a copy of a notice; providing for a
12 cause of action to invalidate an annexation;
13 creating s. 171.094, F.S.; providing for the
14 effect of interlocal service boundary
15 agreements adopted under the act; amending s.
16 171.081, F.S.; requiring a governmental entity
17 affected by annexation or contraction to
18 initiate conflict resolution procedures under
19 certain circumstances; amending s. 164.1058,
20 F.S.; providing that a governmental entity that
21 fails to participate in conflict resolution
22 procedures shall be required to pay attorney's
23 fees and costs under certain conditions;
24 requesting the Division of Statutory Revision
25 to designate parts I and II of ch. 171, F.S.;
26 providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Part II of chapter 171, Florida Statutes,
31 consisting of sections 171.20, 171.201, 171.202, 171.203,
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 926
22-22A-05
1 171.204, 171.205, 171.206, 171.207, 171.208, 171.209, 171.21,
2 171.211, 171.212, and 171.213, is created to read:
3 171.20 Short title.--This part may be cited as the
4 "Interlocal Service Boundary Agreement Act."
5 171.201 Legislative intent.--The Legislature intends
6 to provide an alternative to part I of this chapter for local
7 governments regarding the annexation of territory into a
8 municipality and the subtraction of territory from the
9 unincorporated area of the county. The principal goal of this
10 part is to encourage local governments to jointly determine
11 how to provide services to residents and property in the most
12 efficient and effective manner while balancing the needs and
13 desires of the community. This part is intended to establish a
14 more flexible process for adjusting municipal boundaries and
15 to address a wider range of annexation impacts. This part is
16 intended to encourage intergovernmental coordination in
17 planning, service delivery, and boundary adjustments and to
18 reduce intergovernmental conflicts and litigation between
19 local governments. It is the intent of this part to promote
20 sensible boundaries that reduce the costs of local
21 governments, avoid local service duplication, and increase
22 political transparency and accountability. This part is
23 intended to prevent inefficient service delivery and an
24 insufficient tax base to support the delivery of those
25 services.
26 171.202 Definitions.--As used in this part, the term:
27 (1) "Chief administrative officer" means the municipal
28 administrator, municipal manager, county manager, county
29 administrator, or other officer of the municipality, county,
30 or independent special district who reports directly to the
31 governing body of the local government.
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 926
22-22A-05
1 (2) "Enclave" has the same meaning as provided in s.
2 171.031(13).
3 (3) "Independent special district" means an
4 independent special district, as defined in s. 189.403, which
5 provides fire, emergency medical, water, wastewater, or
6 stormwater services.
7 (4) "Initiating county" means a county that commences
8 the process for negotiation of an interlocal service boundary
9 agreement through the adoption of an initiating resolution.
10 (5) "Initiating local government" means a county,
11 municipality, or independent special district that commences
12 the process for negotiation of an interlocal service boundary
13 agreement through the adoption of an initiating resolution.
14 (6) "Initiating municipality" means a municipality
15 that commences the process for negotiation of an interlocal
16 service boundary agreement through the adoption of an
17 initiating resolution.
18 (7) "Initiating resolution" means a resolution adopted
19 by a county, municipality, or independent special district
20 which commences the process for negotiation of an interlocal
21 service boundary agreement and which identifies the
22 unincorporated area and other issues for discussion.
23 (8) "Interlocal service boundary agreement" means an
24 agreement adopted under this part, between a county and one or
25 more municipalities, which may include one or more independent
26 special districts as parties to the agreement.
27 (9) "Invited municipality" means an initiating
28 municipality and any other municipality designated as such in
29 an initiating resolution or a responding resolution that
30 invites the municipality to participate in the negotiation of
31 an interlocal service boundary agreement.
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 926
22-22A-05
1 (10) "Municipal service area" means one or more of the
2 following as designated in an interlocal service boundary
3 agreement:
4 (a) An unincorporated area that has been identified in
5 an interlocal service boundary agreement for municipal
6 annexation by a municipality that is a party to the agreement.
7 (b) An unincorporated area that has been identified in
8 an interlocal service boundary agreement to receive municipal
9 services from a municipality that is a party to the agreement
10 or from the municipality's designee.
11 (11) "Notified local government" means the county or a
12 municipality, other than an invited municipality, that
13 receives an initiating resolution.
14 (12) "Participating resolution" means the resolution
15 adopted by the initiating local government and the invited
16 local government.
17 (13) "Requesting resolution" means the resolution
18 adopted by a municipality seeking to participate in the
19 negotiation of an interlocal service boundary agreement.
20 (14) "Responding resolution" means the resolution
21 adopted by the county or an invited municipality which
22 responds to the initiating resolution and which may identify
23 an additional unincorporated area or another issue for
24 discussion, or both, and may designate an additional invited
25 municipality.
26 (15) "Unincorporated service area" means one or more
27 of the following as designated in an interlocal service
28 boundary agreement:
29 (a) An unincorporated area that has been identified in
30 an interlocal service boundary agreement and that may not be
31 annexed without the consent of the county.
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 926
22-22A-05
1 (b) An unincorporated area or incorporated area, or
2 both, which have been identified in an interlocal service
3 boundary agreement to receive municipal services from a county
4 or its designee or an independent special district.
5 171.203 Interlocal service boundary agreement.--The
6 governing body of a county and one or more municipalities or
7 independent special districts within the county may enter into
8 an interlocal service boundary agreement under this part. The
9 governing bodies of a county, municipality, or an independent
10 special district may develop a process for reaching an
11 interlocal service boundary agreement which provides for
12 public participation in a manner that meets or exceeds the
13 requirements of subsection (11), or the governing bodies may
14 use the process established in this section.
15 (1) A county, municipality, or an independent special
16 district desiring to enter into an interlocal service boundary
17 agreement shall commence the negotiation process by adopting
18 an initiating resolution. The initiating resolution shall
19 identify an unincorporated area or incorporated area, or both,
20 to be discussed and the issues to be negotiated. The
21 identified area shall be specified in the initiating
22 resolution by a descriptive exhibit that includes, but need
23 not be limited to, a map or legal description of the
24 designated area. The issues for negotiation shall be listed in
25 the initiating resolution and may include, but need not be
26 limited to, the issues listed in subsection (6). An
27 independent special district may initiate the interlocal
28 service boundary agreement for the sole purpose of dissolving
29 an independent special district.
30 (a) The initiating resolution of an initiating county
31 must designate one or more invited municipalities. The
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 926
22-22A-05
1 initiating resolution of an initiating municipality may
2 designate an invited municipality. The initiating resolution
3 of an independent special district shall designate one or more
4 invited municipalities and invite the county.
5 (b) An initiating county shall send the initiating
6 resolution by United States certified mail to the chief
7 administrative officer of every invited municipality and each
8 other municipality within the county. An initiating
9 municipality shall send the initiating resolution by United
10 States certified mail to the chief administrative officer of
11 the county, the invited municipality, if any, and each other
12 municipality within the county.
13 (c) The initiating local government shall also send
14 the initiating resolution to the chief administrative officer
15 of each independent special district in the unincorporated
16 area designated in the initiating resolution.
17 (2) Within 60 days after the receipt of an initiating
18 resolution, the county or the invited municipality, as
19 appropriate, shall adopt a responding resolution. The
20 responding resolution may identify an additional
21 unincorporated area or incorporated area, or both, for
22 discussion and may designate additional issues for
23 negotiation. The additional identified area, if any, shall be
24 specified in the responding resolution by a descriptive
25 exhibit that includes, but need not be limited to, a map or
26 legal description of the designated area. The additional
27 issues designated for negotiation, if any, shall be listed in
28 the responding resolution and may include, but need not be
29 limited to, the issues listed in subsection (6). The
30 responding resolution may also invite an additional
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 926
22-22A-05
1 municipality to negotiate the interlocal service boundary
2 agreement.
3 (a) Within 7 days after the adoption of a responding
4 resolution, the responding county shall send the responding
5 resolution by United States certified mail to the chief
6 administrative officer of the initiating municipality, each
7 invited municipality, if any, and the independent special
8 district that received an initiating resolution.
9 (b) Within 7 days after the adoption of a responding
10 resolution, an invited municipality shall send the responding
11 resolution by United States certified mail to the chief
12 administrative officer of the initiating county, each invited
13 municipality, if any, and each independent special district
14 that received an initiating resolution.
15 (c) An invited municipality that was invited by a
16 responding resolution shall adopt a responding resolution in
17 accordance with paragraph (b).
18 (d) Within 60 days after receipt of the initiating
19 resolution, any independent special district that received an
20 initiating resolution and that desires to participate in the
21 negotiations shall adopt a resolution indicating that it
22 intends to participate in the negotiation process for the
23 interlocal service boundary agreement. Within 7 days after the
24 adoption of the resolution, the independent special district
25 shall send the resolution by United States certified mail to
26 the chief administrative officer of the county, the initiating
27 municipality, each invited municipality, if any, and each
28 notified local government.
29 (3) A municipality within the county that is not an
30 invited municipality may request participation in the
31 negotiations for the interlocal service boundary agreement.
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 926
22-22A-05
1 Such a request shall be accomplished by adopting a requesting
2 resolution within 60 days after receipt of the initiating
3 resolution or within 10 days after receipt of the responding
4 resolution. Within 7 days after adoption of the requesting
5 resolution, the requesting municipality shall send the
6 resolution by United States certified mail to the chief
7 administrative officer of the initiating local government and
8 each invited municipality. The county and the invited
9 municipality shall consider whether to allow a requesting
10 municipality to participate in the negotiations, and, if they
11 agree, the county and the municipality shall adopt a
12 participating resolution allowing the requesting municipality
13 to participate in the negotiations.
14 (4) The county, the invited municipalities, the
15 participating municipalities, if any, and the independent
16 special districts, if any have adopted a resolution to
17 participate, shall begin negotiations within 60 days after
18 receipt of the responding resolution or a participating
19 resolution, whichever occurs later.
20 (5) An invited municipality that fails to adopt a
21 responding resolution shall be deemed to waive its right to
22 participate in the negotiation process and shall be bound by
23 an interlocal agreement resulting from such negotiation
24 process, if any is reached.
25 (6) An interlocal service boundary agreement may
26 address any issue concerning service delivery, fiscal
27 responsibilities, or boundary adjustment. The agreement may
28 include, but need not be limited to, provisions that:
29 (a) Identify a municipal service area.
30 (b) Identify an unincorporated service area.
31
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 926
22-22A-05
1 (c) Identify the local government responsible for the
2 delivery or funding of the following services within the
3 municipal service area or the unincorporated service area:
4 1. Public safety.
5 2. Fire, emergency rescue, and medical.
6 3. Water and wastewater.
7 4. Road ownership, construction, and maintenance.
8 5. Conservation, parks, and recreation.
9 6. Stormwater management and drainage.
10 (d) Address other services and infrastructure not
11 currently provided by an electric utility as defined by s.
12 366.02(2) or a natural gas transmission company as defined by
13 s. 368.103(4).
14 (e) Establish a process and schedule for annexation of
15 an area within the designated municipal service area
16 consistent with s. 171.205.
17 (f) Establish a process for land-use decisions
18 consistent with part II of chapter 163, including those made
19 jointly by the governing bodies of the county and the
20 municipality, or allow a municipality to adopt land-use
21 changes consistent with part II of chapter 163 for areas that
22 are scheduled to be annexed within the term of the interlocal
23 agreement, and allow an exemption from the twice-per-year
24 limitation applicable to changes to the comprehensive plan
25 under s. 163.3187.
26 (g) Address other issues concerning service delivery,
27 including the transfer of services and infrastructure and the
28 fiscal compensation to one county, municipality, or
29 independent special district from another county,
30 municipality, or independent special district.
31
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 926
22-22A-05
1 (h) Provide for the joint use of facilities and the
2 colocation of services.
3 (i) Include a requirement for a report to the county
4 of the municipality's planned service delivery, as provided in
5 s. 171.042, or as otherwise determined by agreement.
6 (7) If the interlocal service boundary agreement
7 addresses land use planning responsibilities, the agreement
8 must also establish the procedures for the preparation and
9 adoption of comprehensive plan amendments, for the
10 administration of land development regulations, and for the
11 issuance of development orders.
12 (8) Each local government that is a party to the
13 interlocal service boundary agreement shall amend the
14 intergovernmental coordination element of its comprehensive
15 plan, as defined in s. 163.3177(6)(h)1., no later than 6
16 months following entry of the interlocal service boundary
17 agreement consistent with s. 163.3177(6)(h)1. Plan amendments
18 required by this subsection are exempt from the twice-per-year
19 limitation under s. 163.3187.
20 (9) An affected person for the purpose of challenging
21 a comprehensive plan amendment required by paragraph (6)(f)
22 includes persons owning real property, residing, or owning or
23 operating a business within the boundaries of the municipal
24 service area and owners of real property abutting real
25 property within the municipal service area that is the subject
26 of the comprehensive plan amendment in addition to those
27 affected persons who would have standing under s. 163.3184.
28 (10)(a) A municipality that is a party to an
29 interlocal service boundary agreement that identifies an
30 unincorporated area for municipal annexation under s.
31 171.202(10)(a) shall adopt a municipal service area as an
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 926
22-22A-05
1 amendment to its comprehensive plan to address future possible
2 municipal annexation. The state land planning agency shall
3 review the amendment for compliance with part II of chapter
4 163.
5 1. A municipal service area must contain:
6 a. A boundary map of the municipal service area.
7 b. Population projections for the area.
8 c. Data and analysis supporting the provision of
9 public facilities for the area.
10 (b) This part shall not authorize the state land
11 planning agency to review, evaluate, determine, approve or
12 disapprove a municipal ordinance relating to municipal
13 annexation or contraction.
14
15 A municipality or county may consider the adoption of any
16 comprehensive plan amendment required by this subsection
17 without regard to the provisions of s. 163.3187(1) regarding
18 the frequency of adoption of amendments to the comprehensive
19 plan.
20 (10) An interlocal service boundary agreement may be
21 for a term of 20 years or less. The interlocal service
22 boundary agreement shall also include a provision requiring
23 periodic review. The interlocal service boundary agreement
24 shall require renegotiations to begin at least 18 months
25 before its termination date.
26 (11) No earlier than 6 months after the commencement
27 of negotiations, either of the initiating local governments or
28 both, the county, or the invited municipality may declare an
29 impasse in the negotiations and seek a resolution of the
30 issues under ss. 164.1053-164.1057. If the local governments
31 fail to agree at the conclusion of the process under chapter
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 926
22-22A-05
1 164, the local governments shall hold a joint public hearing
2 on the issues raised in the negotiations.
3 (12) When the local governments have reached an
4 interlocal service boundary agreement, the county and the
5 municipality shall adopt the agreement by ordinance under s.
6 166.041 or s. 125.66, respectively. An independent special
7 district, if it consents to the agreement, shall adopt the
8 agreement by final order, resolution, or other method
9 consistent with its charter. The interlocal service boundary
10 agreement shall take effect on the day specified in the
11 agreement or, if there is no date, upon adoption by the county
12 or the invited municipality, whichever occurs later. Nothing
13 in this part shall prohibit a county or municipality from
14 adopting an interlocal service boundary agreement without the
15 consent of an independent special district.
16 (13) For a period of 6 months following the failure of
17 the local governments to consent to an interlocal service
18 boundary agreement, the initiating local government may not
19 initiate the negotiation process established in this section
20 to require the responding local government to negotiate an
21 agreement concerning the same identified unincorporated area
22 and the same issues that were specified in the failed
23 initiating resolution.
24 (14) This part does not authorize one local government
25 to require another local government to enter into an
26 interlocal service boundary agreement. However, when the
27 process for negotiating an interlocal service boundary
28 agreement is initiated, the local governments shall negotiate
29 in good faith to the conclusion of the process established in
30 this section.
31
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 926
22-22A-05
1 (15) This section authorizes local governments to
2 simultaneously engage in negotiating more than one interlocal
3 service boundary agreement, notwithstanding that separate
4 negotiations concern similar or identical unincorporated areas
5 and issues.
6 (16) Elected local government officials are encouraged
7 to participate actively and directly in the negotiation
8 process for developing an interlocal service boundary
9 agreement.
10 (17) This part does not impair any existing franchise
11 agreement without the consent of the franchisee. A
12 municipality or county shall retain all existing authority, if
13 any, to negotiate a franchise agreement with any private
14 service provider for use of public rights-of-way or the
15 privilege of providing a service.
16 (18) This part does not impair any existing contract
17 without the consent of the parties.
18 171.204 Prerequisites to annexation under this
19 part.--The interlocal service boundary agreement may describe
20 the character of land that may be annexed and may provide that
21 the restrictions on the character of land that may be annexed
22 pursuant to part I are not restrictions on land that may be
23 annexed pursuant to this part. As determined in the interlocal
24 service boundary agreement, any character of land may be
25 annexed, including, but not limited to, an annexation of land
26 not contiguous to the boundaries of the annexing municipality,
27 an annexation that creates an enclave, an annexation where the
28 annexed area is not reasonably compact; provided, however,
29 such area shall meet the definition of urban in character as
30 defined in s. 171.031(8). The interlocal service boundary
31 agreement may not allow for annexation of land within a
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 926
22-22A-05
1 municipality that is not a party to the agreement or of land
2 that is within another county.
3 171.205 Consent requirements for annexation of land
4 under this part.--Notwithstanding part I, an interlocal
5 service boundary agreement may provide a process for
6 annexation consistent with this section or with part I.
7 (1) For all or a portion of the area within a
8 designated municipal service area, the interlocal service
9 boundary agreement may provide a flexible process for securing
10 the consent of the registered voters who reside in the area
11 proposed to be annexed, or property owners, or both, for
12 annexation of property within a municipal service area, with
13 notice to the registered voters who reside in the area
14 proposed to be annexed, or property owners, or both, as
15 required in the interlocal service boundary agreement. The
16 interlocal service boundary agreement may not authorize
17 annexation unless the consent requirements of part I are met
18 or the annexation is consented to by one or more of the
19 following:
20 (a) The municipality has received a petition for
21 annexation from more than 50 percent of the registered voters
22 who reside in the area proposed to be annexed.
23 (b) The annexation is approved by a majority of the
24 registered voters who reside in the area proposed to be
25 annexed voting in a referendum on the annexation.
26 (c) The municipality has received a petition for
27 annexation from more than 50 percent of the property owners
28 within the area proposed to be annexed.
29 (2) For all or a portion of an enclave consisting of
30 more than 20 acres within a designated municipal service area,
31 the interlocal service boundary agreement may provide a
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 926
22-22A-05
1 flexible process for securing the consent of the registered
2 voters who reside in the area proposed to be annexed and
3 property owners in order to annex the property, with notice to
4 the registered voters who reside in the area proposed to be
5 annexed and property owners as required in the interlocal
6 service boundary agreement. The interlocal service boundary
7 agreement may not authorize annexation of enclaves under this
8 subsection unless the consent requirements of part I are met,
9 unless the annexation process includes one or more of the
10 procedures in subsection (1), or unless the municipality has
11 received a petition for annexation from one or more property
12 owners who own real property in excess of 50 percent of the
13 total real property within the area to be annexed.
14 (3) For all or a portion of an enclave, consisting of
15 20 acres or less and with fewer than 100 registered voters
16 within a designated municipal service area, the interlocal
17 service boundary agreement may provide a flexible process for
18 securing the consent of the registered voters who reside in
19 the area proposed to be annexed and the property owners in
20 order to annex property within a municipal service area, with
21 notice to the registered voters who reside in the area
22 proposed to be annexed and the property owners as required in
23 the interlocal service boundary agreement. Such an annexation
24 process may include one or more of the procedures in
25 subsection (1) and may allow annexation according to the terms
26 and conditions provided in the interlocal service boundary
27 agreement, which may include a referendum of the registered
28 voters who reside in the area proposed to be annexed.
29 171.206 Effect of interlocal service boundary area
30 agreement on annexations.--
31
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 926
22-22A-05
1 (1) An interlocal service boundary agreement is
2 binding on the parties to the agreement, and a party may not
3 take any action that violates the interlocal service boundary
4 agreement.
5 (2) Notwithstanding part I, without consent of the
6 county and the affected municipality by resolution, a county
7 or an invited municipality may not take any action that
8 violates the interlocal service boundary agreement.
9 (3) If the independent special district that
10 participated in the negotiation process pursuant to s.
11 171.203(2)(d) does not consent to the interlocal service
12 boundary agreement and a municipality annexes an area within
13 the independent special district, the municipality may consent
14 to allowing the independent special district to receive ad
15 valorem tax revenue or the independent special district may
16 seek compensation pursuant to s. 171.093.
17 171.207 Transfer of powers.--This part is an
18 alternative provision otherwise provided by law, as authorized
19 in s. 4, Art. VIII of the State Constitution, for any transfer
20 of power resulting from an interlocal service boundary
21 agreement for the provision of services or the acquisition of
22 public facilities entered into by a county, municipality,
23 independent special district, or other entity created pursuant
24 to law.
25 171.208 Municipal extraterritorial power.--This part
26 authorizes a municipality to exercise extraterritorial powers
27 that include, but are not limited to, the authority to provide
28 services and facilities within the unincorporated area or
29 within the territory of another municipality as provided
30 within an interlocal service boundary agreement. This power is
31 in addition to other municipal powers that otherwise exist.
17
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 926
22-22A-05
1 171.209 County incorporated area power.--As provided
2 in an interlocal service boundary agreement, this part
3 authorizes a county to exercise powers within a municipality
4 that include, but are not limited to, the authority to provide
5 services and facilities within the territory of a
6 municipality. This power is in addition to other county powers
7 that otherwise exist.
8 171.21 Effect of part on interlocal agreement and
9 county charter.--A joint planning agreement, a charter
10 provision adopted under s. 171.044(4), or any other interlocal
11 agreement between local governments including a county,
12 municipality, or independent special district is not affected
13 by this part; however, the county, municipality or independent
14 special district may avail themselves of this part, which may
15 result in the repeal or modification of a joint planning
16 agreement or other interlocal agreement.
17 171.211 Interlocal service boundary agreement presumed
18 valid and binding.--
19 (1) If there is litigation over the terms, conditions,
20 construction, or enforcement of an interlocal service boundary
21 agreement, the agreement shall be presumed valid, and the
22 challenger has the burden of proving its invalidity.
23 (2) Notwithstanding part I, it is the intent of this
24 part to authorize a municipality to enter into an interlocal
25 service boundary agreement that enhances, restricts, or
26 precludes annexations during the term of the agreement.
27 171.212 Disputes regarding construction and effect of
28 an interlocal service boundary agreement.--If there is a
29 question or dispute about the construction or effect of an
30 interlocal service boundary agreement, a local government
31 shall initiate and proceed through the conflict resolution
18
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 926
22-22A-05
1 procedures established in chapter 164. If there is a failure
2 to resolve the conflict, no later than 30 days following the
3 conclusion of the procedures established in chapter 164, the
4 local government may file an action in circuit court. For
5 purposes of this section, the term "local government" means a
6 party to the interlocal service boundary agreement.
7 Section 2. Subsection (2) of section 171.042, Florida
8 Statutes, is amended, and subsection (3) is added to that
9 section, to read:
10 171.042 Prerequisites to annexation.--
11 (2) Not fewer than 15 days prior to commencing the
12 annexation procedures under s. 171.0413, the governing body of
13 the municipality shall file a copy of the report required by
14 this section with the board of county commissioners of the
15 county wherein the municipality is located. The notice
16 provision provided in this subsection may be the basis for a
17 cause of action invalidating the annexation.
18 (3) Notice shall be provided by the municipality to
19 the affected residents within the proposed area to be annexed.
20 Section 3. Subsection (6) of section 171.044, Florida
21 Statutes, is amended to read:
22 171.044 Voluntary annexation.--
23 (6) Not fewer than 10 days prior to Upon publishing or
24 posting the ordinance notice required under subsection (2),
25 the governing body of the municipality must provide a copy of
26 the notice, via certified mail, to the board of the county
27 commissioners of the county wherein the municipality is
28 located. The notice provision provided in this subsection may
29 shall not be the basis for a of any cause of action
30 invalidating challenging the annexation.
31
19
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 926
22-22A-05
1 Section 4. Section 171.094, Florida Statutes, is
2 created to read:
3 171.094 Effect of interlocal service boundary
4 agreements adopted under part II on annexations under this
5 part.
6 (1) An interlocal service boundary agreement entered
7 into pursuant to part II is binding on the parties to the
8 agreement and a party may not take any action that violates
9 the interlocal service boundary agreement.
10 (2) Notwithstanding any other provision of this part,
11 without the consent of the county, the affected municipality
12 or affected independent special district by resolution, a
13 county, an invited municipality or independent special
14 district may not take any action that violates an interlocal
15 service boundary agreement.
16 Section 5. Section 171.081, Florida Statutes, is
17 amended to read:
18 171.081 Appeal on annexation or contraction.--
19 (1) No later than 30 days following the passage of an
20 annexation or contraction ordinance, Any party affected who
21 believes that he or she will suffer material injury by reason
22 of the failure of the municipal governing body to comply with
23 the procedures set forth in this chapter for annexation or
24 contraction or to meet the requirements established for
25 annexation or contraction as they apply to his or her property
26 may file a petition in the circuit court for the county in
27 which the municipality or municipalities are located seeking
28 review by certiorari. The action may be initiated at the
29 party's option either within 30 days following the passage of
30 the annexation or contraction ordinance or within 30 days
31 following the completion of the dispute resolution process in
20
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 926
22-22A-05
1 subsection (2). In any action instituted pursuant to this
2 subsection section, the complainant, should he or she prevail,
3 shall be entitled to reasonable costs and attorney's fees.
4 (2) If the affected party is a governmental entity, no
5 later than 30 days following the passage of an annexation or
6 contraction ordinance, the governmental entity must initiate
7 and proceed through the conflict resolution procedures
8 established in chapter 164. If there is a failure to resolve
9 the conflict, no later than 30 days following the conclusion
10 of the procedures established in chapter 164, the governmental
11 entity that initiated the conflict resolution procedures may
12 file a petition in the circuit court for the county in which
13 the municipality or municipalities are located seeking review
14 by certiorari. In any legal action instituted pursuant to this
15 subsection, the prevailing party is entitled to reasonable
16 costs and attorney's fees.
17 Section 6. Section 164.1058, Florida Statutes, is
18 amended to read:
19 164.1058 Penalty.--If a primary conflicting
20 governmental entity which has received notice of intent to
21 initiate the conflict resolution procedure pursuant to this
22 act fails to participate in good faith in the conflict
23 assessment meeting, mediation, or other remedies provided for
24 in this act, and the initiating governmental entity files suit
25 and is the prevailing party in such suit, the primary
26 disputing governmental entity that which failed to participate
27 in good faith shall be required to pay the attorney's fees and
28 costs in that proceeding of the prevailing primary conflicting
29 governmental entity which initiated the conflict resolution
30 procedure.
31
21
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 926
22-22A-05
1 Section 7. The Division of Statutory Revision is
2 requested to designate sections 171.011-171.094, Florida
3 Statutes, as part I of chapter 171, Florida Statutes, and
4 sections 171.20-171.213, Florida Statutes, as created by this
5 act, as part II of chapter 171, Florida Statutes.
6 Section 8. This act shall take effect upon becoming a
7 law.
8
9 *****************************************
10 SENATE SUMMARY
11 Provides for the creation of interlocal service boundary
agreements by a county and one or more municipalities or
12 independent special districts. Specifies the procedures
for initiating an agreement and responding to a proposal
13 for agreements. Requires local governments that are a
party to the agreement to amend their comprehensive
14 plans. Provides limitations on the review of certain
ordinances. Specifies those persons who may challenge a
15 plan amendment required by the agreement. Requires that
an agreement be adopted by resolution. Provides
16 prerequisites to annexation. Provides for the effect of
an interlocal service boundary area agreement on the
17 parties to the agreement. Authorizes a municipality to
provide services within an unincorporated area or
18 territory of another municipality. Authorizes a county to
exercise certain powers within a municipality. Provides a
19 procedure to settle a dispute regarding an interlocal
service boundary agreement. Provides for a cause of
20 action to invalidate an annexation. Requires
municipalities to provide notice of proposed annexation
21 to certain persons. Provides for a cause of action to
invalidate an annexation. Provides for the effect of
22 interlocal service boundary agreements adopted under the
act. Requires a governmental entity affected by
23 annexation or contraction to initiate conflict resolution
procedures under certain circumstances. Provides that a
24 governmental entity that fails to participate in conflict
resolution procedures shall be required to pay attorney's
25 fees and costs under certain conditions. (See bill for
details.)
26
27
28
29
30
31
22
CODING: Words stricken are deletions; words underlined are additions.