Senate Bill sb0926c2

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    By the Committees on Government Efficiency Appropriations;
    Governmental Oversight and Productivity; and Senator
    Constantine



    593-2115-05

  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. 163.01,

20         F.S.; providing for the place of filing an

21         interlocal agreement in certain circumstances;

22         amending s. 164.1058, F.S.; providing that a

23         governmental entity that fails to participate

24         in conflict resolution procedures shall be

25         required to pay attorney's fees and costs under

26         certain conditions; requesting the Division of

27         Statutory Revision to designate parts I and II

28         of ch. 171, F.S.; providing an effective date.

29  

30  Be It Enacted by the Legislature of the State of Florida:

31  

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 1         Section 1.  Part II of chapter 171, Florida Statutes,

 2  consisting of sections 171.20, 171.201, 171.202, 171.203,

 3  171.204, 171.205, 171.206, 171.207, 171.208, 171.209, 171.21,

 4  171.211, and 171.212, is created to read:

 5         171.20  Short title.--This part may be cited as the

 6  "Interlocal Service Boundary Agreement Act."

 7         171.201  Legislative intent.--The Legislature intends

 8  to provide an alternative to part I of this chapter for local

 9  governments regarding the annexation of territory into a

10  municipality and the subtraction of territory from the

11  unincorporated area of the county. The principal goal of this

12  part is to encourage local governments to jointly determine

13  how to provide services to residents and property in the most

14  efficient and effective manner while balancing the needs and

15  desires of the community. This part is intended to establish a

16  more flexible process for adjusting municipal boundaries and

17  to address a wider range of annexation impacts. This part is

18  intended to encourage intergovernmental coordination in

19  planning, service delivery, and boundary adjustments and to

20  reduce intergovernmental conflicts and litigation between

21  local governments. It is the intent of this part to promote

22  sensible boundaries that reduce the costs of local

23  governments, avoid local service duplication, and increase

24  political transparency and accountability. This part is

25  intended to prevent inefficient service delivery and an

26  insufficient tax base to support the delivery of those

27  services.

28         171.202  Definitions.--As used in this part, the term:

29         (1)  "Chief administrative officer" means the municipal

30  administrator, municipal manager, county manager, county

31  administrator, or other officer of the municipality, county,

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 1  or independent special district who reports directly to the

 2  governing body of the local government.

 3         (2)  "Enclave" has the same meaning as provided in s.

 4  171.031(13).

 5         (3)  "Independent special district" means an

 6  independent special district, as defined in s. 189.403, which

 7  provides fire, emergency medical, water, wastewater, or

 8  stormwater services.

 9         (4)  "Initiating county" means a county that commences

10  the process for negotiation of an interlocal service boundary

11  agreement through the adoption of an initiating resolution.

12         (5)  "Initiating local government" means a county,

13  municipality, or independent special district that commences

14  the process for negotiation of an interlocal service boundary

15  agreement through the adoption of an initiating resolution.

16         (6)  "Initiating municipality" means a municipality

17  that commences the process for negotiation of an interlocal

18  service boundary agreement through the adoption of an

19  initiating resolution.

20         (7)  "Initiating resolution" means a resolution adopted

21  by a county, municipality, or independent special district

22  which commences the process for negotiation of an interlocal

23  service boundary agreement and which identifies the

24  unincorporated area and other issues for discussion.

25         (8)  "Interlocal service boundary agreement" means an

26  agreement adopted under this part, between a county and one or

27  more municipalities, which may include one or more independent

28  special districts as parties to the agreement.

29         (9)  "Invited local government" means an invited

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

31  government designated as such in an initiating resolution or a

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 1  responding resolution that invites the local government to

 2  participate in the negotiation of an interlocal service

 3  boundary agreement.

 4         (10)  "Invited municipality" means an initiating

 5  municipality and any other municipality designated as such in

 6  an initiating resolution or a responding resolution that

 7  invites the municipality to participate in the negotiation of

 8  an interlocal service boundary agreement.

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

10  following as designated in an interlocal service boundary

11  agreement:

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

13  an interlocal service boundary agreement for municipal

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

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

16  an interlocal service boundary agreement to receive municipal

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

18  or from the municipality's designee.

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

20  municipality, other than an invited municipality, that

21  receives an initiating resolution.

22         (13)  "Participating resolution" means the resolution

23  adopted by the initiating local government and the invited

24  local government.

25         (14)  "Requesting resolution" means the resolution

26  adopted by a municipality seeking to participate in the

27  negotiation of an interlocal service boundary agreement.

28         (15)  "Responding resolution" means the resolution

29  adopted by the county or an invited municipality which

30  responds to the initiating resolution and which may identify

31  an additional unincorporated area or another issue for

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

 2  municipality or independent special district.

 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 purposes of dissolving an

 6  independent special district or removing more than 10 percent

 7  of the service area of an independent special district if

 8  proposed annexations would result in an increase to the tax or

 9  non-ad valorem assessment rate to the remaining property

10  owners within the boundaries of the district.

11         (a)  The initiating resolution of an initiating county

12  must designate one or more invited municipalities. The

13  initiating resolution of an initiating municipality may

14  designate an invited municipality. The initiating resolution

15  of an independent special district shall designate one or more

16  invited municipalities and invite the county.

17         (b)  An initiating county shall send the initiating

18  resolution by United States certified mail to the chief

19  administrative officer of every invited municipality and each

20  other municipality within the county. An initiating

21  municipality shall send the initiating resolution by United

22  States certified mail to the chief administrative officer of

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

24  municipality within the county.

25         (c)  The initiating local government shall also send

26  the initiating resolution to the chief administrative officer

27  of each independent special district in the unincorporated

28  area designated in the initiating resolution.

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

30  resolution, the county or the invited municipality, as

31  appropriate, shall adopt a responding resolution. The

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 1  responding resolution may identify an additional

 2  unincorporated area or incorporated area, or both, for

 3  discussion and may designate additional issues for

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

 5  specified in the responding resolution by a descriptive

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

 7  legal description of the designated area. The additional

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

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

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

11  responding resolution may also invite an additional

12  municipality or independent special district to negotiate the

13  interlocal service boundary agreement.

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

15  resolution, the responding county shall send the responding

16  resolution by United States certified mail to the chief

17  administrative officer of the initiating municipality, each

18  invited municipality, if any, and the independent special

19  district that received an initiating resolution.

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

21  resolution, an invited municipality shall send the responding

22  resolution by United States certified mail to the chief

23  administrative officer of the initiating county, each invited

24  municipality, if any, and each independent special district

25  that received an initiating resolution.

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

27  responding resolution shall adopt a responding resolution in

28  accordance with paragraph (b).

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

30  resolution, any independent special district that received an

31  initiating resolution and that desires to participate in the

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 1  negotiations shall adopt a resolution indicating that it

 2  intends to participate in the negotiation process for the

 3  interlocal service boundary agreement. Within 7 days after the

 4  adoption of the resolution, the independent special district

 5  shall send the resolution by United States certified mail to

 6  the chief administrative officer of the county, the initiating

 7  municipality, each invited municipality, if any, and each

 8  notified local government.

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

10  invited municipality may request participation in the

11  negotiations for the interlocal service boundary agreement.

12  Such a request shall be accomplished by adopting a requesting

13  resolution within 60 days after receipt of the initiating

14  resolution or within 10 days after receipt of the responding

15  resolution. Within 7 days after adoption of the requesting

16  resolution, the requesting municipality shall send the

17  resolution by United States certified mail to the chief

18  administrative officer of the initiating local government and

19  each invited municipality. The county and the invited

20  municipality shall consider whether to allow a requesting

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

22  agree, the county and the municipality shall adopt a

23  participating resolution allowing the requesting municipality

24  to participate in the negotiations.

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

26  participating municipalities, if any, and the independent

27  special districts, if any have adopted a resolution to

28  participate, shall begin negotiations within 60 days after

29  receipt of the responding resolution or a participating

30  resolution, whichever occurs later.

31  

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

 2  responding resolution shall be deemed to waive its right to

 3  participate in the negotiation process and shall be bound by

 4  an interlocal agreement resulting from such negotiation

 5  process, if any is reached.

 6         (6)  An interlocal service boundary agreement may

 7  address any issue concerning service delivery, fiscal

 8  responsibilities, or boundary adjustment. The agreement may

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

10         (a)  Identify a municipal service area.

11         (b)  Identify an unincorporated service area.

12         (c)  Identify the local government responsible for the

13  delivery or funding of the following services within the

14  municipal service area or the unincorporated service area:

15         1.  Public safety.

16         2.  Fire, emergency rescue, and medical.

17         3.  Water and wastewater.

18         4.  Road ownership, construction, and maintenance.

19         5.  Conservation, parks, and recreation.

20         6.  Stormwater management and drainage.

21         (d)  Address other services and infrastructure not

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

23  366.02(2) or a natural gas transmission company as defined by

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

25  territorial agreement between electrical utilities or public

26  utilities as defined in chapter 366 or affect the

27  determination of a territorial dispute by the Public Service

28  Commission under s. 366.04.

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

30  an area within the designated municipal service area

31  consistent with s. 171.205.

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

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

 3  jointly by the governing bodies of the county and the

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

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

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

 7  agreement; however, the county comprehensive plan and

 8  land-development regulations shall control until the

 9  municipality annexes the property and amends its comprehensive

10  plan accordingly. Comprehensive plan amendments to incorporate

11  the process established by this paragraph are exempt from the

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

13         (g)  Address other issues concerning service delivery,

14  including the transfer of services and infrastructure and the

15  fiscal compensation to one county, municipality, or

16  independent special district from another county,

17  municipality, or independent special district.

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

19  colocation of services.

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

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

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

23         (j)  Establish a procedure by which the local

24  government responsible for water and wastewater services

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

26  territory, apply for any necessary permit modifications to

27  reflect changes in surface water management operating entity

28  responsibilities pursuant to water management district or

29  Department of Environmental Protection permits.

30         (7)  If the interlocal service boundary agreement

31  addresses land use planning responsibilities, the agreement

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 1  must also establish the procedures for the preparation and

 2  adoption of comprehensive plan amendments, for the

 3  administration of land development regulations, and for the

 4  issuance of development orders.

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

 6  interlocal service boundary agreement shall amend the

 7  intergovernmental coordination element of its comprehensive

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

 9  months following entry of the interlocal service boundary

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

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

12  limitation under s. 163.3187.

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

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

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

16  operating a business within the boundaries of the municipal

17  service area and owners of real property abutting real

18  property within the municipal service area that is the subject

19  of the comprehensive plan amendment in addition to those

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

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

22  interlocal service boundary agreement that identifies an

23  unincorporated area for municipal annexation under s.

24  171.202(10)(a) shall adopt a municipal service area as an

25  amendment to its comprehensive plan to address future possible

26  municipal annexation. The state land planning agency shall

27  review the amendment for compliance with part II of chapter

28  163.

29         1.  A municipal service area must contain:

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

31         b.  Population projections for the area.

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 1         c.  Data and analysis supporting the provision of

 2  public facilities for the area.

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

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

 5  disapprove a municipal ordinance relating to municipal

 6  annexation or contraction.

 7  

 8  A municipality or county may consider the adoption of any

 9  comprehensive plan amendment required by this subsection

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

11  the frequency of adoption of amendments to the comprehensive

12  plan.

13         (11)  An interlocal service boundary agreement may be

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

15  boundary agreement shall also include a provision requiring

16  periodic review. The interlocal service boundary agreement

17  shall require renegotiations to begin at least 18 months

18  before its termination date.

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

20  of negotiations, either of the initiating local governments or

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

22  impasse in the negotiations and seek a resolution of the

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

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

25  164, the local governments shall hold a joint public hearing

26  on the issues raised in the negotiations.

27         (13)  When the local governments have reached an

28  interlocal service boundary agreement, the county and the

29  municipality shall adopt the agreement by ordinance under s.

30  166.041 or s. 125.66, respectively. An independent special

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

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 1  agreement by final order, resolution, or other method

 2  consistent with its charter. The interlocal service boundary

 3  agreement shall take effect on the day specified in the

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

 5  or the invited municipality, whichever occurs later. Nothing

 6  in this part shall prohibit a county or municipality from

 7  adopting an interlocal service boundary agreement without the

 8  consent of an independent special district.

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

10  the local governments to consent to an interlocal service

11  boundary agreement, the initiating local government may not

12  initiate the negotiation process established in this section

13  to require the responding local government to negotiate an

14  agreement concerning the same identified unincorporated area

15  and the same issues that were specified in the failed

16  initiating resolution.

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

18  to require another local government to enter into an

19  interlocal service boundary agreement. However, when the

20  process for negotiating an interlocal service boundary

21  agreement is initiated, the local governments shall negotiate

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

23  this section.

24         (16)  This section authorizes local governments to

25  simultaneously engage in negotiating more than one interlocal

26  service boundary agreement, notwithstanding that separate

27  negotiations concern similar or identical unincorporated areas

28  and issues.

29         (17)  Elected local government officials are encouraged

30  to participate actively and directly in the negotiation

31  

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 1  process for developing an interlocal service boundary

 2  agreement.

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

 4  agreement without the consent of the franchisee, any existing

 5  territorial agreement between electric utilities or public

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

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

 8  territorial dispute involving electric utilities or public

 9  utilities in accordance with the criteria set out in that

10  section. In addition, an interlocal agreement entered into

11  under this section has no effect in a territorial dispute

12  proceeding before the Public Service Commission. A

13  municipality or county shall retain all existing authority, if

14  any, to negotiate a franchise agreement with any private

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

16  privilege of providing a service.

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

18  without the consent of the parties.

19         171.204  Prerequisites to annexation under this

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

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

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

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

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

25  service boundary agreement, any character of land may be

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

27  not contiguous to the boundaries of the annexing municipality,

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

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

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

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

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 1  agreement may not allow for annexation of land within a

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

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

 4  is not contiguous to the boundaries of the annexing

 5  municipality, an annexation that creates an enclave or an

 6  annexation of land that is not currently served by water or

 7  sewer utilities, one of the following options must be

 8  followed:

 9         (1)  The municipality shall transmit a

10  comprehensive-plan amendment that proposes specific amendments

11  relating to the property anticipated for annexation to the

12  Department of Community Affairs for review under chapter 163.

13  After considering the department's review, the municipality

14  may approve the annexation and comprehensive-plan amendment

15  concurrently. Adoption of the annexation and

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

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

18  annexation and comprehensive plan amendment; or

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

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

21  the municipal comprehensive plan. The joint planning agreement

22  must identify the geographic areas anticipated for annexation,

23  the future land uses that the municipality would seek to

24  establish, necessary public facilities and services, including

25  transportation and school facilities and how they will be

26  provided, and natural resources, including surface water and

27  groundwater resources, and how they will be protected.

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

29  are consistent with the joint planning agreement shall be

30  considered small scale amendments.

31  

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 1         171.205  Consent requirements for annexation of land

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

 3  service boundary agreement may provide a process for

 4  annexation consistent with this section or with part I.

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

 6  designated municipal service area, the interlocal service

 7  boundary agreement may provide a flexible process for securing

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

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

10  annexation of property within a municipal service area, with

11  notice to the registered voters who reside in the area

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

13  required in the interlocal service boundary agreement. The

14  interlocal service boundary agreement may not authorize

15  annexation unless the consent requirements of part I are met

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

17  following:

18         (a)  The municipality has received a petition for

19  annexation from more than 50 percent of the registered voters

20  who reside in the area proposed to be annexed.

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

22  registered voters who reside in the area proposed to be

23  annexed voting in a referendum on the annexation.

24         (c)  The municipality has received a petition for

25  annexation from more than 50 percent of the property owners

26  within the area proposed to be annexed.

27         (2)  If the area to be annexed includes a privately

28  owned solid waste disposal facility as defined in s.

29  403.703(11) which receives municipal solid waste collected

30  within the jurisdiction of multiple local governments, the

31  annexing municipality must set forth in its plan the impacts

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 1  that the annexation of the solid waste disposal facility will

 2  have on the other local governments. The plan must also

 3  indicate that the owner of the affected solid waste disposal

 4  facility has been contacted in writing concerning the

 5  annexation, that an agreement between the annexing

 6  municipality and the solid waste disposal facility to govern

 7  the operations of the solid waste disposal facility if the

 8  annexation occurs has been approved, and that the owner of the

 9  solid waste disposal facility does not object to the proposed

10  annexation.

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

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

13  the interlocal service boundary agreement may provide a

14  flexible process for securing the consent of the registered

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

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

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

18  annexed and property owners as required in the interlocal

19  service boundary agreement. The interlocal service boundary

20  agreement may not authorize annexation of enclaves under this

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

22  unless the annexation process includes one or more of the

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

24  received a petition for annexation from one or more property

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

26  total real property within the area to be annexed.

27         (4)  For all or a portion of an enclave, consisting of

28  20 acres or less and with fewer than 100 registered voters

29  within a designated municipal service area, the interlocal

30  service boundary agreement may provide a flexible process for

31  securing the consent of the registered voters who reside in

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

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

 3  notice to the registered voters who reside in the area

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

 5  the interlocal service boundary agreement. Such an annexation

 6  process may include one or more of the procedures in

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

 8  and conditions provided in the interlocal service boundary

 9  agreement, which may include a referendum of the registered

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

11         171.206  Effect of interlocal service boundary area

12  agreement on annexations.--

13         (1)  An interlocal service boundary agreement is

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

15  take any action that violates the interlocal service boundary

16  agreement.

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

18  county and the affected municipality by resolution, a county

19  or an invited municipality may not take any action that

20  violates the interlocal service boundary agreement.

21         (3)  If the independent special district that

22  participated in the negotiation process pursuant to s.

23  171.203(2)(d) does not consent to the interlocal service

24  boundary agreement and a municipality annexes an area within

25  the independent special district, the independent special

26  district may seek compensation pursuant to s. 171.093.

27         171.207  Transfer of powers.--This part is an

28  alternative provision otherwise provided by law, as authorized

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

30  of power resulting from an interlocal service boundary

31  agreement for the provision of services or the acquisition of

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 1  public facilities entered into by a county, municipality,

 2  independent special district, or other entity created pursuant

 3  to law.

 4         171.208  Municipal extraterritorial power.--This part

 5  authorizes a municipality to exercise extraterritorial powers

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

 7  services and facilities within the unincorporated area or

 8  within the territory of another municipality as provided

 9  within an interlocal service boundary agreement. This power is

10  in addition to other municipal powers that otherwise exist.

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

12  Public Service Commission to resolve territorial disputes

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

14  resolution of a territorial dispute to be determined by the

15  Public Service Commission.

16         171.209  County incorporated area power.--As provided

17  in an interlocal service boundary agreement, this part

18  authorizes a county to exercise powers within a municipality

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

20  services and facilities within the territory of a

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

22  that otherwise exist.

23         171.21  Effect of part on interlocal agreement and

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

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

26  agreement between local governments including a county,

27  municipality, or independent special district is not affected

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

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

30  result in the repeal or modification of a joint planning

31  agreement or other interlocal agreement. A local government

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 1  within a county that has adopted a charter provision pursuant

 2  to s. 171.044(4) may avail itself of this part, provided that

 3  the interlocal agreement is consistent with the approved

 4  charter or the charter provision is repealed or modified

 5  pursuant to s. 125.64.

 6         171.211  Interlocal service boundary agreement presumed

 7  valid and binding.--

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

 9  construction, or enforcement of an interlocal service boundary

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

11  challenger has the burden of proving its invalidity.

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

13  part to authorize a municipality to enter into an interlocal

14  service boundary agreement that enhances, restricts, or

15  precludes annexations during the term of the agreement.

16         171.212  Disputes regarding construction and effect of

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

18  question or dispute about the construction or effect of an

19  interlocal service boundary agreement, a local government

20  shall initiate and proceed through the conflict resolution

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

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

23  conclusion of the procedures established in chapter 164, the

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

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

26  party to the interlocal service boundary agreement.

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

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

29  section, to read:

30         171.042  Prerequisites to annexation.--

31  

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

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

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

 4  this section with the board of county commissioners of the

 5  county wherein the municipality is located. The notice

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

 7  cause of action invalidating the annexation.

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

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

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

11  Statutes, is amended to read:

12         171.044  Voluntary annexation.--

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

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

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

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

17  commissioners of the county wherein the municipality is

18  located. The notice provision provided in this subsection may

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

20  invalidating challenging the annexation.

21         Section 4.  Section 171.094, Florida Statutes, is

22  created to read:

23         171.094  Effect of interlocal service boundary

24  agreements adopted under part II on annexations under this

25  part.

26         (1)  An interlocal service boundary agreement entered

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

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

29  the interlocal service boundary agreement.

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

31  without the consent of the county, the affected municipality

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 1  or affected independent special district by resolution, a

 2  county, an invited municipality or independent special

 3  district may not take any action that violates an interlocal

 4  service boundary agreement.

 5         Section 5.  Section 171.081, Florida Statutes, is

 6  amended to read:

 7         171.081  Appeal on annexation or contraction.--

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

 9  annexation or contraction ordinance, Any party affected who

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

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

12  the procedures set forth in this chapter for annexation or

13  contraction or to meet the requirements established for

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

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

16  which the municipality or municipalities are located seeking

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

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

19  the annexation or contraction ordinance or within 30 days

20  following the completion of the dispute resolution process in

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

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

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

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

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

26  contraction ordinance, the governmental entity must initiate

27  and proceed through the conflict resolution procedures

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

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

30  of the procedures established in chapter 164, the governmental

31  entity that initiated the conflict resolution procedures may

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

 2  the municipality or municipalities are located seeking review

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

 4  subsection, the prevailing party is entitled to reasonable

 5  costs and attorney's fees.

 6         Section 6.  Subsection (11) of section 163.01, Florida

 7  Statutes, is amended to read:

 8         163.01  Florida Interlocal Cooperation Act of 1969.--

 9         (11)  Prior to its effectiveness, an interlocal

10  agreement and subsequent amendments thereto shall be filed

11  with the clerk of the circuit court of each county where a

12  party to the agreement is located; however, if the parties to

13  the agreement are located in multiple counties and the

14  agreement, pursuant to subsection (7), provides for a separate

15  legal entity or administrative entity to administer the

16  agreement, the interlocal agreement and any amendments thereto

17  may be filed with the clerk of the circuit court in the county

18  where the legal or administrative entity maintains its

19  principal place of business.

20         Section 7.  Section 164.1058, Florida Statutes, is

21  amended to read:

22         164.1058  Penalty.--If a primary conflicting

23  governmental entity which has received notice of intent to

24  initiate the conflict resolution procedure pursuant to this

25  act fails to participate in good faith in the conflict

26  assessment meeting, mediation, or other remedies provided for

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

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

29  disputing governmental entity that which failed to participate

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

31  costs in that proceeding of the prevailing primary conflicting

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 1  governmental entity which initiated the conflict resolution

 2  procedure.

 3         Section 8.  The Division of Statutory Revision is

 4  requested to designate sections 171.011-171.094, Florida

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

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

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

 8         Section 9.  This act shall take effect upon becoming a

 9  law.

10  

11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                            CS/SB 926

13                                 

14  The Committee Substitute for SB 926:

15  1)   Allows independent special districts to be invited to
         participate in a responding resolution;
16  
    2)   Allows an independent special district to initiate an
17       interlocal agreement for the purpose of removing more
         than 10 percent of the service area when a proposed
18       annexation would result in a rate increase for the
         remaining property owners;
19  
    3)   Provides options that must be followed for the annexation
20       of land not currently service by water or sewer
         utilities;
21  
    4)   Provides conditions that must be satisfied for annexing
22       an area that contains a privately owned solid waste
         disposal facility;
23  
    5)   Deletes a provision that would have allowed an
24       independent special district to receive ad valorem tax
         revenues with the consent of a municipality;
25  
    6)   Allows an interlocal agreement that provides for a
26       separate legal or administrative body to administer the
         agreement, and any amendments to the agreement, to be
27       filed with the clerk of the county where that body
         maintains its principal place of business; and
28  
    7)   Allows an interlocal agreement among local governments
29       within a charter county, if the agreement is consistent
         with the charter or the charter is repealed or modified.
30  

31  

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