Senate Bill sb0926c1

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    Florida Senate - 2005                            CS for SB 926

    By the Committee on Governmental Oversight and Productivity;
    and Senator Constantine




    585-1968-05

  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

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 1         county charters; providing a presumption of

 2         validity; providing a procedure to settle a

 3         dispute regarding an interlocal service

 4         boundary agreement; 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,

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 1  171.204, 171.205, 171.206, 171.207, 171.208, 171.209, 171.21,

 2  171.211, and 171.212, 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.

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 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 local government" means an invited

28  county, municipality, or special district and any other local

29  government designated as such in an initiating resolution or a

30  responding resolution that invites the local government to

31  

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 1  participate in the negotiation of an interlocal service

 2  boundary agreement.

 3         (10)  "Invited municipality" means an initiating

 4  municipality and any other municipality designated as such in

 5  an initiating resolution or a responding resolution that

 6  invites the municipality to participate in the negotiation of

 7  an interlocal service boundary agreement.

 8         (11)  "Municipal service area" means one or more of the

 9  following as designated in an interlocal service boundary

10  agreement:

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

12  an interlocal service boundary agreement for municipal

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

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

15  an interlocal service boundary agreement to receive municipal

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

17  or from the municipality's designee.

18         (12)  "Notified local government" means the county or a

19  municipality, other than an invited municipality, that

20  receives an initiating resolution.

21         (13)  "Participating resolution" means the resolution

22  adopted by the initiating local government and the invited

23  local government.

24         (14)  "Requesting resolution" means the resolution

25  adopted by a municipality seeking to participate in the

26  negotiation of an interlocal service boundary agreement.

27         (15)  "Responding resolution" means the resolution

28  adopted by the county or an invited municipality which

29  responds to the initiating resolution and which may identify

30  an additional unincorporated area or another issue for

31  

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

 2  municipality.

 3         (16)  "Unincorporated service area" means one or more

 4  of the following as designated in an interlocal service

 5  boundary agreement:

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

 7  an interlocal service boundary agreement and that may not be

 8  annexed without the consent of the county.

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

10  both, which have been identified in an interlocal service

11  boundary agreement to receive municipal services from a county

12  or its designee or an independent special district.

13         171.203  Interlocal service boundary agreement.--The

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

15  independent special districts within the county may enter into

16  an interlocal service boundary agreement under this part. The

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

18  special district may develop a process for reaching an

19  interlocal service boundary agreement which provides for

20  public participation in a manner that meets or exceeds the

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

22  use the process established in this section.

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

24  district desiring to enter into an interlocal service boundary

25  agreement shall commence the negotiation process by adopting

26  an initiating resolution. The initiating resolution shall

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

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

29  identified area shall be specified in the initiating

30  resolution by a descriptive exhibit that includes, but need

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

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

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

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

 4  independent special district may initiate the interlocal

 5  service boundary agreement for the sole purpose of dissolving

 6  an independent special district.

 7         (a)  The initiating resolution of an initiating county

 8  must designate one or more invited municipalities. The

 9  initiating resolution of an initiating municipality may

10  designate an invited municipality. The initiating resolution

11  of an independent special district shall designate one or more

12  invited municipalities and invite the county.

13         (b)  An initiating county shall send the initiating

14  resolution by United States certified mail to the chief

15  administrative officer of every invited municipality and each

16  other municipality within the county. An initiating

17  municipality shall send the initiating resolution by United

18  States certified mail to the chief administrative officer of

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

20  municipality within the county.

21         (c)  The initiating local government shall also send

22  the initiating resolution to the chief administrative officer

23  of each independent special district in the unincorporated

24  area designated in the initiating resolution.

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

26  resolution, the county or the invited municipality, as

27  appropriate, shall adopt a responding resolution. The

28  responding resolution may identify an additional

29  unincorporated area or incorporated area, or both, for

30  discussion and may designate additional issues for

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

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 1  specified in the responding resolution by a descriptive

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

 3  legal description of the designated area. The additional

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

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

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

 7  responding resolution may also invite an additional

 8  municipality to negotiate the interlocal service boundary

 9  agreement.

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

11  resolution, the responding county shall send the responding

12  resolution by United States certified mail to the chief

13  administrative officer of the initiating municipality, each

14  invited municipality, if any, and the independent special

15  district that received an initiating resolution.

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

17  resolution, an invited municipality shall send the responding

18  resolution by United States certified mail to the chief

19  administrative officer of the initiating county, each invited

20  municipality, if any, and each independent special district

21  that received an initiating resolution.

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

23  responding resolution shall adopt a responding resolution in

24  accordance with paragraph (b).

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

26  resolution, any independent special district that received an

27  initiating resolution and that desires to participate in the

28  negotiations shall adopt a resolution indicating that it

29  intends to participate in the negotiation process for the

30  interlocal service boundary agreement. Within 7 days after the

31  adoption of the resolution, the independent special district

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 1  shall send the resolution by United States certified mail to

 2  the chief administrative officer of the county, the initiating

 3  municipality, each invited municipality, if any, and each

 4  notified local government.

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

 6  invited municipality may request participation in the

 7  negotiations for the interlocal service boundary agreement.

 8  Such a request shall be accomplished by adopting a requesting

 9  resolution within 60 days after receipt of the initiating

10  resolution or within 10 days after receipt of the responding

11  resolution. Within 7 days after adoption of the requesting

12  resolution, the requesting municipality shall send the

13  resolution by United States certified mail to the chief

14  administrative officer of the initiating local government and

15  each invited municipality. The county and the invited

16  municipality shall consider whether to allow a requesting

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

18  agree, the county and the municipality shall adopt a

19  participating resolution allowing the requesting municipality

20  to participate in the negotiations.

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

22  participating municipalities, if any, and the independent

23  special districts, if any have adopted a resolution to

24  participate, shall begin negotiations within 60 days after

25  receipt of the responding resolution or a participating

26  resolution, whichever occurs later.

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

28  responding resolution shall be deemed to waive its right to

29  participate in the negotiation process and shall be bound by

30  an interlocal agreement resulting from such negotiation

31  process, if any is reached.

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 1         (6)  An interlocal service boundary agreement may

 2  address any issue concerning service delivery, fiscal

 3  responsibilities, or boundary adjustment. The agreement may

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

 5         (a)  Identify a municipal service area.

 6         (b)  Identify an unincorporated service area.

 7         (c)  Identify the local government responsible for the

 8  delivery or funding of the following services within the

 9  municipal service area or the unincorporated service area:

10         1.  Public safety.

11         2.  Fire, emergency rescue, and medical.

12         3.  Water and wastewater.

13         4.  Road ownership, construction, and maintenance.

14         5.  Conservation, parks, and recreation.

15         6.  Stormwater management and drainage.

16         (d)  Address other services and infrastructure not

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

18  366.02(2) or a natural gas transmission company as defined by

19  s. 368.103(4). However, this paragraph does not affect any

20  territorial agreement between electrical utilities or public

21  utilities as defined in chapter 366 or affect the

22  determination of a territorial dispute by the Public Service

23  Commission under s. 366.04.

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

25  an area within the designated municipal service area

26  consistent with s. 171.205.

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

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

29  jointly by the governing bodies of the county and the

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

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

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

 2  agreement; however, the county comprehensive plan and

 3  land-development regulations shall control until the

 4  municipality annexes the property and amends its comprehensive

 5  plan accordingly. Comprehensive plan amendments to incorporate

 6  the process established by this paragraph are exempt from the

 7  twice-per-year limitation under s. 163.3187.

 8         (g)  Address other issues concerning service delivery,

 9  including the transfer of services and infrastructure and the

10  fiscal compensation to one county, municipality, or

11  independent special district from another county,

12  municipality, or independent special district.

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

14  colocation of services.

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

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

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

18         (j)  Establish a procedure by which the local

19  government responsible for water and wastewater services

20  shall, within 30 days after the annexation or subtraction of

21  territory, apply for any necessary permit modifications to

22  reflect changes in surface water management operating entity

23  responsibilities pursuant to water management district or

24  Department of Environmental Protection permits.

25         (7)  If the interlocal service boundary agreement

26  addresses land use planning responsibilities, the agreement

27  must also establish the procedures for the preparation and

28  adoption of comprehensive plan amendments, for the

29  administration of land development regulations, and for the

30  issuance of development orders.

31  

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

 2  interlocal service boundary agreement shall amend the

 3  intergovernmental coordination element of its comprehensive

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

 5  months following entry of the interlocal service boundary

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

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

 8  limitation under s. 163.3187.

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

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

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

12  operating a business within the boundaries of the municipal

13  service area and owners of real property abutting real

14  property within the municipal service area that is the subject

15  of the comprehensive plan amendment in addition to those

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

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

18  interlocal service boundary agreement that identifies an

19  unincorporated area for municipal annexation under s.

20  171.202(10)(a) shall adopt a municipal service area as an

21  amendment to its comprehensive plan to address future possible

22  municipal annexation. The state land planning agency shall

23  review the amendment for compliance with part II of chapter

24  163.

25         1.  A municipal service area must contain:

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

27         b.  Population projections for the area.

28         c.  Data and analysis supporting the provision of

29  public facilities for the area.

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

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

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 1  disapprove a municipal ordinance relating to municipal

 2  annexation or contraction.

 3  

 4  A municipality or county may consider the adoption of any

 5  comprehensive plan amendment required by this subsection

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

 7  the frequency of adoption of amendments to the comprehensive

 8  plan.

 9         (11)  An interlocal service boundary agreement may be

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

11  boundary agreement shall also include a provision requiring

12  periodic review. The interlocal service boundary agreement

13  shall require renegotiations to begin at least 18 months

14  before its termination date.

15         (12)  No earlier than 6 months after the commencement

16  of negotiations, either of the initiating local governments or

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

18  impasse in the negotiations and seek a resolution of the

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

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

21  164, the local governments shall hold a joint public hearing

22  on the issues raised in the negotiations.

23         (13)  When the local governments have reached an

24  interlocal service boundary agreement, the county and the

25  municipality shall adopt the agreement by ordinance under s.

26  166.041 or s. 125.66, respectively. An independent special

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

28  agreement by final order, resolution, or other method

29  consistent with its charter. The interlocal service boundary

30  agreement shall take effect on the day specified in the

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

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 1  or the invited municipality, whichever occurs later. Nothing

 2  in this part shall prohibit a county or municipality from

 3  adopting an interlocal service boundary agreement without the

 4  consent of an independent special district.

 5         (14)  For a period of 6 months following the failure of

 6  the local governments to consent to an interlocal service

 7  boundary agreement, the initiating local government may not

 8  initiate the negotiation process established in this section

 9  to require the responding local government to negotiate an

10  agreement concerning the same identified unincorporated area

11  and the same issues that were specified in the failed

12  initiating resolution.

13         (15)  This part does not authorize one local government

14  to require another local government to enter into an

15  interlocal service boundary agreement. However, when the

16  process for negotiating an interlocal service boundary

17  agreement is initiated, the local governments shall negotiate

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

19  this section.

20         (16)  This section authorizes local governments to

21  simultaneously engage in negotiating more than one interlocal

22  service boundary agreement, notwithstanding that separate

23  negotiations concern similar or identical unincorporated areas

24  and issues.

25         (17)  Elected local government officials are encouraged

26  to participate actively and directly in the negotiation

27  process for developing an interlocal service boundary

28  agreement.

29         (18)  This part does not impair any existing franchise

30  agreement without the consent of the franchisee, any existing

31  territorial agreement between electric utilities or public

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 1  utilities as defined in chapter 366, or the jurisdiction of

 2  the Public Service Commission under s. 366.04 to resolve a

 3  territorial dispute involving electric utilities or public

 4  utilities in accordance with the criteria set out in that

 5  section. In addition, an interlocal agreement entered into

 6  under this section has no effect in a territorial dispute

 7  proceeding before the Public Service Commission. A

 8  municipality or county shall retain all existing authority, if

 9  any, to negotiate a franchise agreement with any private

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

11  privilege of providing a service.

12         (19)  This part does not impair any existing contract

13  without the consent of the parties.

14         171.204  Prerequisites to annexation under this

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

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

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

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

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

20  service boundary agreement, any character of land may be

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

22  not contiguous to the boundaries of the annexing municipality,

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

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

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

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

27  agreement may not allow for annexation of land within a

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

29  that is within another county. Before annexation of land that

30  is not contiguous to the boundaries of the annexing

31  

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 1  municipality, or an annexation that creates an enclave, one of

 2  the following options must be followed:

 3         (1)  The municipality shall transmit a

 4  comprehensive-plan amendment that proposes specific amendments

 5  relating to the property anticipated for annexation to the

 6  Department of Community Affairs for review under chapter 163.

 7  After considering the department's review, the municipality

 8  may approve the annexation and comprehensive-plan amendment

 9  concurrently. Adoption of the annexation and

10  comprehensive-plan amendment may occur at the same hearing;

11  however, the local government must take separate action on the

12  annexation and comprehensive plan amendment; or

13         (2)  A municipality and county shall enter into a joint

14  planning agreement under s. 163.3171, which is adopted into

15  the municipal comprehensive plan. The joint planning agreement

16  must identify the geographic areas anticipated for annexation,

17  the future land uses that the municipality would seek to

18  establish, necessary public facilities and services, including

19  transportation and school facilities and how they will be

20  provided, and natural resources, including surface water and

21  groundwater resources, and how they will be protected.

22  Amendments to a comprehensive plan's future land use map that

23  are consistent with the joint planning agreement shall be

24  considered small scale amendments.

25         171.205  Consent requirements for annexation of land

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

27  service boundary agreement may provide a process for

28  annexation consistent with this section or with part I.

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

30  designated municipal service area, the interlocal service

31  boundary agreement may provide a flexible process for securing

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

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

 3  annexation of property within a municipal service area, with

 4  notice to the registered voters who reside in the area

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

 6  required in the interlocal service boundary agreement. The

 7  interlocal service boundary agreement may not authorize

 8  annexation unless the consent requirements of part I are met

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

10  following:

11         (a)  The municipality has received a petition for

12  annexation from more than 50 percent of the registered voters

13  who reside in the area proposed to be annexed.

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

15  registered voters who reside in the area proposed to be

16  annexed voting in a referendum on the annexation.

17         (c)  The municipality has received a petition for

18  annexation from more than 50 percent of the property owners

19  within the area proposed to be annexed.

20         (2)  For all or a portion of an enclave consisting of

21  more than 20 acres within a designated municipal service area,

22  the interlocal service boundary agreement may provide a

23  flexible process for securing the consent of the registered

24  voters who reside in the area proposed to be annexed and

25  property owners in order to annex the property, with notice to

26  the registered voters who reside in the area proposed to be

27  annexed and property owners as required in the interlocal

28  service boundary agreement. The interlocal service boundary

29  agreement may not authorize annexation of enclaves under this

30  subsection unless the consent requirements of part I are met,

31  unless the annexation process includes one or more of the

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 1  procedures in subsection (1), or unless the municipality has

 2  received a petition for annexation from one or more property

 3  owners who own real property in excess of 50 percent of the

 4  total real property within the area to be annexed.

 5         (3)  For all or a portion of an enclave, consisting of

 6  20 acres or less and with fewer than 100 registered voters

 7  within a designated municipal service area, the interlocal

 8  service boundary agreement may provide a flexible process for

 9  securing the consent of the registered voters who reside in

10  the area proposed to be annexed and the property owners in

11  order to annex property within a municipal service area, with

12  notice to the registered voters who reside in the area

13  proposed to be annexed and the property owners as required in

14  the interlocal service boundary agreement. Such an annexation

15  process may include one or more of the procedures in

16  subsection (1) and may allow annexation according to the terms

17  and conditions provided in the interlocal service boundary

18  agreement, which may include a referendum of the registered

19  voters who reside in the area proposed to be annexed.

20         171.206  Effect of interlocal service boundary area

21  agreement on annexations.--

22         (1)  An interlocal service boundary agreement is

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

24  take any action that violates the interlocal service boundary

25  agreement.

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

27  county and the affected municipality by resolution, a county

28  or an invited municipality may not take any action that

29  violates the interlocal service boundary agreement.

30         (3)  If the independent special district that

31  participated in the negotiation process pursuant to s.

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 1  171.203(2)(d) does not consent to the interlocal service

 2  boundary agreement and a municipality annexes an area within

 3  the independent special district, the municipality may consent

 4  to allowing the independent special district to receive ad

 5  valorem tax revenue or the independent special district may

 6  seek compensation pursuant to s. 171.093.

 7         171.207  Transfer of powers.--This part is an

 8  alternative provision otherwise provided by law, as authorized

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

10  of power resulting from an interlocal service boundary

11  agreement for the provision of services or the acquisition of

12  public facilities entered into by a county, municipality,

13  independent special district, or other entity created pursuant

14  to law.

15         171.208  Municipal extraterritorial power.--This part

16  authorizes a municipality to exercise extraterritorial powers

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

18  services and facilities within the unincorporated area or

19  within the territory of another municipality as provided

20  within an interlocal service boundary agreement. This power is

21  in addition to other municipal powers that otherwise exist.

22  However, this power is subject to the jurisdiction of the

23  Public Service Commission to resolve territorial disputes

24  under s. 366.04. An interlocal agreement has no effect on the

25  resolution of a territorial dispute to be determined by the

26  Public Service Commission.

27         171.209  County incorporated area power.--As provided

28  in an interlocal service boundary agreement, this part

29  authorizes a county to exercise powers within a municipality

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

31  services and facilities within the territory of a

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

 2  that otherwise exist.

 3         171.21  Effect of part on interlocal agreement and

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

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

 6  agreement between local governments including a county,

 7  municipality, or independent special district is not affected

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

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

10  result in the repeal or modification of a joint planning

11  agreement or other interlocal agreement.

12         171.211  Interlocal service boundary agreement presumed

13  valid and binding.--

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

15  construction, or enforcement of an interlocal service boundary

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

17  challenger has the burden of proving its invalidity.

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

19  part to authorize a municipality to enter into an interlocal

20  service boundary agreement that enhances, restricts, or

21  precludes annexations during the term of the agreement.

22         171.212  Disputes regarding construction and effect of

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

24  question or dispute about the construction or effect of an

25  interlocal service boundary agreement, a local government

26  shall initiate and proceed through the conflict resolution

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

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

29  conclusion of the procedures established in chapter 164, the

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

31  

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

 2  party to the interlocal service boundary agreement.

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

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

 5  section, to read:

 6         171.042  Prerequisites to annexation.--

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

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

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

10  this section with the board of county commissioners of the

11  county wherein the municipality is located. The notice

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

13  cause of action invalidating the annexation.

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

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

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

17  Statutes, is amended to read:

18         171.044  Voluntary annexation.--

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

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

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

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

23  commissioners of the county wherein the municipality is

24  located. The notice provision provided in this subsection may

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

26  invalidating challenging the annexation.

27         Section 4.  Section 171.094, Florida Statutes, is

28  created to read:

29         171.094  Effect of interlocal service boundary

30  agreements adopted under part II on annexations under this

31  part.

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 1         (1)  An interlocal service boundary agreement entered

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

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

 4  the interlocal service boundary agreement.

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

 6  without the consent of the county, the affected municipality

 7  or affected independent special district by resolution, a

 8  county, an invited municipality or independent special

 9  district may not take any action that violates an interlocal

10  service boundary agreement.

11         Section 5.  Section 171.081, Florida Statutes, is

12  amended to read:

13         171.081  Appeal on annexation or contraction.--

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

15  annexation or contraction ordinance, Any party affected who

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

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

18  the procedures set forth in this chapter for annexation or

19  contraction or to meet the requirements established for

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

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

22  which the municipality or municipalities are located seeking

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

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

25  the annexation or contraction ordinance or within 30 days

26  following the completion of the dispute resolution process in

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

28  subsection section, the complainant, should he or she prevail,

29  shall be entitled to reasonable costs and attorney's fees.

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

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

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 1  contraction ordinance, the governmental entity must initiate

 2  and proceed through the conflict resolution procedures

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

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

 5  of the procedures established in chapter 164, the governmental

 6  entity that initiated the conflict resolution procedures may

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

 8  the municipality or municipalities are located seeking review

 9  by certiorari. In any legal action instituted pursuant to this

10  subsection, the prevailing party is entitled to reasonable

11  costs and attorney's fees.

12         Section 6.  Section 164.1058, Florida Statutes, is

13  amended to read:

14         164.1058  Penalty.--If a primary conflicting

15  governmental entity which has received notice of intent to

16  initiate the conflict resolution procedure pursuant to this

17  act fails to participate in good faith in the conflict

18  assessment meeting, mediation, or other remedies provided for

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

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

21  disputing governmental entity that which failed to participate

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

23  costs in that proceeding of the prevailing primary conflicting

24  governmental entity which initiated the conflict resolution

25  procedure.

26         Section 7.  The Division of Statutory Revision is

27  requested to designate sections 171.011-171.094, Florida

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

29  sections 171.20-171.212, Florida Statutes, as created by this

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

31  

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 1         Section 8.  This act shall take effect upon becoming a

 2  law.

 3  

 4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 5                         Senate Bill 926

 6                                 

 7  Provides a definition of "Invited local government."

 8  Provides that the county comprehensive plan and
    land-development regulations control until the municipality
 9  annexes the property and amends its comprehensive plan.
    Provides that comprehensive plan amendments to incorporate
10  that process are exempt from the twice-per-year limitation
    under s. 163.3187, F.S.
11  
    Provides for establishment of a procedure by which the local
12  government responsible for water and waste water services
    shall apply for necessary permit modifications within 30 days
13  of annexation or subtraction of territory.

14  Provides jurisdiction to the Public Service Commission to
    resolve certain territorial disputes under s. 366.04, F.S.
15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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