Senate Bill sb0926e1
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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:
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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 (12), 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 taxable or assessable value of an independent special
8 district.
9 (a) The initiating resolution of an initiating county
10 must designate one or more invited municipalities. The
11 initiating resolution of an initiating municipality may
12 designate an invited municipality. The initiating resolution
13 of an independent special district shall designate one or more
14 invited municipalities and invite the county.
15 (b) An initiating county shall send the initiating
16 resolution by United States certified mail to the chief
17 administrative officer of every invited municipality and each
18 other municipality within the county. An initiating
19 municipality shall send the initiating resolution by United
20 States certified mail to the chief administrative officer of
21 the county, the invited municipality, if any, and each other
22 municipality within the county.
23 (c) The initiating local government shall also send
24 the initiating resolution to the chief administrative officer
25 of each independent special district in the unincorporated
26 area designated in the initiating resolution.
27 (2) Within 60 days after the receipt of an initiating
28 resolution, the county or the invited municipality, as
29 appropriate, shall adopt a responding resolution. The
30 responding resolution may identify an additional
31 unincorporated area or incorporated area, or both, for
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1 discussion and may designate additional issues for
2 negotiation. The additional identified area, if any, shall be
3 specified in the responding resolution by a descriptive
4 exhibit that includes, but need not be limited to, a map or
5 legal description of the designated area. The additional
6 issues designated for negotiation, if any, shall be listed in
7 the responding resolution and may include, but need not be
8 limited to, the issues listed in subsection (6). The
9 responding resolution may also invite an additional
10 municipality or independent special district to negotiate the
11 interlocal service boundary agreement.
12 (a) Within 7 days after the adoption of a responding
13 resolution, the responding county shall send the responding
14 resolution by United States certified mail to the chief
15 administrative officer of the initiating municipality, each
16 invited municipality, if any, and the independent special
17 district that received an initiating resolution.
18 (b) Within 7 days after the adoption of a responding
19 resolution, an invited municipality shall send the responding
20 resolution by United States certified mail to the chief
21 administrative officer of the initiating county, each invited
22 municipality, if any, and each independent special district
23 that received an initiating resolution.
24 (c) An invited municipality that was invited by a
25 responding resolution shall adopt a responding resolution in
26 accordance with paragraph (b).
27 (d) Within 60 days after receipt of the initiating
28 resolution, any independent special district that received an
29 initiating resolution and that desires to participate in the
30 negotiations shall adopt a resolution indicating that it
31 intends to participate in the negotiation process for the
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1 interlocal service boundary agreement. Within 7 days after the
2 adoption of the resolution, the independent special district
3 shall send the resolution by United States certified mail to
4 the chief administrative officer of the county, the initiating
5 municipality, each invited municipality, if any, and each
6 notified local government.
7 (3) A municipality within the county that is not an
8 invited municipality may request participation in the
9 negotiations for the interlocal service boundary agreement.
10 Such a request shall be accomplished by adopting a requesting
11 resolution within 60 days after receipt of the initiating
12 resolution or within 10 days after receipt of the responding
13 resolution. Within 7 days after adoption of the requesting
14 resolution, the requesting municipality shall send the
15 resolution by United States certified mail to the chief
16 administrative officer of the initiating local government and
17 each invited municipality. The county and the invited
18 municipality shall consider whether to allow a requesting
19 municipality to participate in the negotiations, and, if they
20 agree, the county and the municipality shall adopt a
21 participating resolution allowing the requesting municipality
22 to participate in the negotiations.
23 (4) The county, the invited municipalities, the
24 participating municipalities, if any, and the independent
25 special districts, if any have adopted a resolution to
26 participate, shall begin negotiations within 60 days after
27 receipt of the responding resolution or a participating
28 resolution, whichever occurs later.
29 (5) An invited municipality that fails to adopt a
30 responding resolution shall be deemed to waive its right to
31 participate in the negotiation process and shall be bound by
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1 an interlocal agreement resulting from such negotiation
2 process, if any is reached.
3 (6) An interlocal service boundary agreement may
4 address any issue concerning service delivery, fiscal
5 responsibilities, or boundary adjustment. The agreement may
6 include, but need not be limited to, provisions that:
7 (a) Identify a municipal service area.
8 (b) Identify an unincorporated service area.
9 (c) Identify the local government responsible for the
10 delivery or funding of the following services within the
11 municipal service area or the unincorporated service area:
12 1. Public safety.
13 2. Fire, emergency rescue, and medical.
14 3. Water and wastewater.
15 4. Road ownership, construction, and maintenance.
16 5. Conservation, parks, and recreation.
17 6. Stormwater management and drainage.
18 (d) Address other services and infrastructure not
19 currently provided by an electric utility as defined by s.
20 366.02(2) or a natural gas transmission company as defined by
21 s. 368.103(4). However, this paragraph does not affect any
22 territorial agreement between electrical utilities or public
23 utilities as defined in chapter 366 or affect the
24 determination of a territorial dispute by the Public Service
25 Commission under s. 366.04.
26 (e) Establish a process and schedule for annexation of
27 an area within the designated municipal service area
28 consistent with s. 171.205.
29 (f) Establish a process for land-use decisions
30 consistent with part II of chapter 163, including those made
31 jointly by the governing bodies of the county and the
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1 municipality, or allow a municipality to adopt land-use
2 changes consistent with part II of chapter 163 for areas that
3 are scheduled to be annexed within the term of the interlocal
4 agreement; however, the county comprehensive plan and
5 land-development regulations shall control until the
6 municipality annexes the property and amends its comprehensive
7 plan accordingly. Comprehensive plan amendments to incorporate
8 the process established by this paragraph are exempt from the
9 twice-per-year limitation under s. 163.3187.
10 (g) Address other issues concerning service delivery,
11 including the transfer of services and infrastructure and the
12 fiscal compensation to one county, municipality, or
13 independent special district from another county,
14 municipality, or independent special district.
15 (h) Provide for the joint use of facilities and the
16 colocation of services.
17 (i) Include a requirement for a report to the county
18 of the municipality's planned service delivery, as provided in
19 s. 171.042, or as otherwise determined by agreement.
20 (j) Establish a procedure by which the local
21 government responsible for water and wastewater services
22 shall, within 30 days after the annexation or subtraction of
23 territory, apply for any necessary permit modifications to
24 reflect changes in surface water management operating entity
25 responsibilities pursuant to water management district or
26 Department of Environmental Protection permits.
27 (7) If the interlocal service boundary agreement
28 addresses land use planning responsibilities, the agreement
29 must also establish the procedures for the preparation and
30 adoption of comprehensive plan amendments, for the
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1 administration of land development regulations, and for the
2 issuance of development orders.
3 (8) Each local government that is a party to the
4 interlocal service boundary agreement shall amend the
5 intergovernmental coordination element of its comprehensive
6 plan, as defined in s. 163.3177(6)(h)1., no later than 6
7 months following entry of the interlocal service boundary
8 agreement consistent with s. 163.3177(6)(h)1. Plan amendments
9 required by this subsection are exempt from the twice-per-year
10 limitation under s. 163.3187.
11 (9) An affected person for the purpose of challenging
12 a comprehensive plan amendment required by paragraph (6)(f)
13 includes persons owning real property, residing, or owning or
14 operating a business within the boundaries of the municipal
15 service area and owners of real property abutting real
16 property within the municipal service area that is the subject
17 of the comprehensive plan amendment in addition to those
18 affected persons who would have standing under s. 163.3184.
19 (10)(a) A municipality that is a party to an
20 interlocal service boundary agreement that identifies an
21 unincorporated area for municipal annexation under s.
22 171.202(11)(a) shall adopt a municipal service area as an
23 amendment to its comprehensive plan to address future possible
24 municipal annexation. The state land planning agency shall
25 review the amendment for compliance with part II of chapter
26 163.
27 1. A municipal service area must contain:
28 a. A boundary map of the municipal service area.
29 b. Population projections for the area.
30 c. Data and analysis supporting the provision of
31 public facilities for the area.
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1 (b) This part shall not authorize the state land
2 planning agency to review, evaluate, determine, approve or
3 disapprove a municipal ordinance relating to municipal
4 annexation or contraction.
5
6 A municipality or county may consider the adoption of any
7 comprehensive plan amendment required by this subsection
8 without regard to the provisions of s. 163.3187(1) regarding
9 the frequency of adoption of amendments to the comprehensive
10 plan.
11 (11) An interlocal service boundary agreement may be
12 for a term of 20 years or less. The interlocal service
13 boundary agreement shall also include a provision requiring
14 periodic review. The interlocal service boundary agreement
15 shall require renegotiations to begin at least 18 months
16 before its termination date.
17 (12) No earlier than 6 months after the commencement
18 of negotiations, either of the initiating local governments or
19 both, the county, or the invited municipality may declare an
20 impasse in the negotiations and seek a resolution of the
21 issues under ss. 164.1053-164.1057. If the local governments
22 fail to agree at the conclusion of the process under chapter
23 164, the local governments shall hold a joint public hearing
24 on the issues raised in the negotiations.
25 (13) When the local governments have reached an
26 interlocal service boundary agreement, the county and the
27 municipality shall adopt the agreement by ordinance under s.
28 166.041 or s. 125.66, respectively. An independent special
29 district, if it consents to the agreement, shall adopt the
30 agreement by final order, resolution, or other method
31 consistent with its charter. The interlocal service boundary
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1 agreement shall take effect on the day specified in the
2 agreement or, if there is no date, upon adoption by the county
3 or the invited municipality, whichever occurs later. Nothing
4 in this part shall prohibit a county or municipality from
5 adopting an interlocal service boundary agreement without the
6 consent of an independent special district, unless the
7 agreement provides for the dissolution of an independent
8 special district or the removal of more than 10 percent of the
9 taxable or assessable value of an independent special
10 district.
11 (14) For a period of 6 months following the failure of
12 the local governments to consent to an interlocal service
13 boundary agreement, the initiating local government may not
14 initiate the negotiation process established in this section
15 to require the responding local government to negotiate an
16 agreement concerning the same identified unincorporated area
17 and the same issues that were specified in the failed
18 initiating resolution.
19 (15) This part does not authorize one local government
20 to require another local government to enter into an
21 interlocal service boundary agreement. However, when the
22 process for negotiating an interlocal service boundary
23 agreement is initiated, the local governments shall negotiate
24 in good faith to the conclusion of the process established in
25 this section.
26 (16) This section authorizes local governments to
27 simultaneously engage in negotiating more than one interlocal
28 service boundary agreement, notwithstanding that separate
29 negotiations concern similar or identical unincorporated areas
30 and issues.
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1 (17) Elected local government officials are encouraged
2 to participate actively and directly in the negotiation
3 process for developing an interlocal service boundary
4 agreement.
5 (18) This part does not impair any existing franchise
6 agreement without the consent of the franchisee, any existing
7 territorial agreement between electric utilities or public
8 utilities as defined in chapter 366, or the jurisdiction of
9 the Public Service Commission under s. 366.04 to resolve a
10 territorial dispute involving electric utilities or public
11 utilities in accordance with the criteria set out in that
12 section. In addition, an interlocal agreement entered into
13 under this section has no effect in a territorial dispute
14 proceeding before the Public Service Commission. A
15 municipality or county shall retain all existing authority, if
16 any, to negotiate a franchise agreement with any private
17 service provider for use of public rights-of-way or the
18 privilege of providing a service.
19 (19) This part does not impair any existing contract
20 without the consent of the parties.
21 171.204 Prerequisites to annexation under this
22 part.--The interlocal service boundary agreement may describe
23 the character of land that may be annexed and may provide that
24 the restrictions on the character of land that may be annexed
25 pursuant to part I are not restrictions on land that may be
26 annexed pursuant to this part. As determined in the interlocal
27 service boundary agreement, any character of land may be
28 annexed, including, but not limited to, an annexation of land
29 not contiguous to the boundaries of the annexing municipality,
30 an annexation that creates an enclave, an annexation where the
31 annexed area is not reasonably compact; provided, however,
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1 such area shall meet the definition of urban in character as
2 defined in s. 171.031(8). The interlocal service boundary
3 agreement may not allow for annexation of land within a
4 municipality that is not a party to the agreement or of land
5 that is within another county. Before annexation of land that
6 is not contiguous to the boundaries of the annexing
7 municipality, an annexation that creates an enclave or an
8 annexation of land that is not currently served by water or
9 sewer utilities, one of the following options must be
10 followed:
11 (1) The municipality shall transmit a
12 comprehensive-plan amendment that proposes specific amendments
13 relating to the property anticipated for annexation to the
14 Department of Community Affairs for review under chapter 163.
15 After considering the department's review, the municipality
16 may approve the annexation and comprehensive-plan amendment
17 concurrently. Adoption of the annexation and
18 comprehensive-plan amendment may occur at the same hearing;
19 however, the local government must take separate action on the
20 annexation and comprehensive plan amendment; or
21 (2) A municipality and county shall enter into a joint
22 planning agreement under s. 163.3171, which is adopted into
23 the municipal comprehensive plan. The joint planning agreement
24 must identify the geographic areas anticipated for annexation,
25 the future land uses that the municipality would seek to
26 establish, necessary public facilities and services, including
27 transportation and school facilities and how they will be
28 provided, and natural resources, including surface water and
29 groundwater resources, and how they will be protected.
30 Amendments to a comprehensive plan's future land use map that
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1 are consistent with the joint planning agreement shall be
2 considered small scale amendments.
3 171.205 Consent requirements for annexation of land
4 under this part.--Notwithstanding part I, an interlocal
5 service boundary agreement may provide a process for
6 annexation consistent with this section or with part I.
7 (1) For all or a portion of the area within a
8 designated municipal service area, the interlocal service
9 boundary agreement may provide a flexible process for securing
10 the consent of the registered voters who reside in the area
11 proposed to be annexed, or property owners, or both, for
12 annexation of property within a municipal service area, with
13 notice to the registered voters who reside in the area
14 proposed to be annexed, or property owners, or both, as
15 required in the interlocal service boundary agreement. The
16 interlocal service boundary agreement may not authorize
17 annexation unless the consent requirements of part I are met
18 or the annexation is consented to by one or more of the
19 following:
20 (a) The municipality has received a petition for
21 annexation from more than 50 percent of the registered voters
22 who reside in the area proposed to be annexed.
23 (b) The annexation is approved by a majority of the
24 registered voters who reside in the area proposed to be
25 annexed voting in a referendum on the annexation.
26 (c) The municipality has received a petition for
27 annexation from more than 50 percent of the property owners
28 within the area proposed to be annexed.
29 (2) If the area to be annexed includes a privately
30 owned solid waste disposal facility as defined in s.
31 403.703(11) which receives municipal solid waste collected
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1 within the jurisdiction of multiple local governments, the
2 annexing municipality must set forth in its plan the impacts
3 that the annexation of the solid waste disposal facility will
4 have on the other local governments. The plan must also
5 indicate that the owner of the affected solid waste disposal
6 facility has been contacted in writing concerning the
7 annexation, that an agreement between the annexing
8 municipality and the solid waste disposal facility to govern
9 the operations of the solid waste disposal facility if the
10 annexation occurs has been approved, and that the owner of the
11 solid waste disposal facility does not object to the proposed
12 annexation.
13 (3) For all or a portion of an enclave consisting of
14 more than 20 acres within a designated municipal service area,
15 the interlocal service boundary agreement may provide a
16 flexible process for securing the consent of the registered
17 voters who reside in the area proposed to be annexed and
18 property owners in order to annex the property, with notice to
19 the registered voters who reside in the area proposed to be
20 annexed and property owners as required in the interlocal
21 service boundary agreement. The interlocal service boundary
22 agreement may not authorize annexation of enclaves under this
23 subsection unless the consent requirements of part I are met,
24 unless the annexation process includes one or more of the
25 procedures in subsection (1), or unless the municipality has
26 received a petition for annexation from one or more property
27 owners who own real property in excess of 50 percent of the
28 total real property within the area to be annexed.
29 (4) For all or a portion of an enclave, consisting of
30 20 acres or less and with fewer than 100 registered voters
31 within a designated municipal service area, the interlocal
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1 service boundary agreement may provide a flexible process for
2 securing the consent of the registered voters who reside in
3 the area proposed to be annexed and the property owners in
4 order to annex property within a municipal service area, with
5 notice to the registered voters who reside in the area
6 proposed to be annexed and the property owners as required in
7 the interlocal service boundary agreement. Such an annexation
8 process may include one or more of the procedures in
9 subsection (1) and may allow annexation according to the terms
10 and conditions provided in the interlocal service boundary
11 agreement, which may include a referendum of the registered
12 voters who reside in the area proposed to be annexed.
13 171.206 Effect of interlocal service boundary area
14 agreement on annexations.--
15 (1) An interlocal service boundary agreement is
16 binding on the parties to the agreement, and a party may not
17 take any action that violates the interlocal service boundary
18 agreement.
19 (2) Notwithstanding part I, without consent of the
20 county and the affected municipality by resolution, a county
21 or an invited municipality may not take any action that
22 violates the interlocal service boundary agreement.
23 (3) If the independent special district that
24 participated in the negotiation process pursuant to s.
25 171.203(2)(d) does not consent to the interlocal service
26 boundary agreement and a municipality annexes an area within
27 the independent special district, the independent special
28 district may seek compensation pursuant to s. 171.093.
29 171.207 Transfer of powers.--This part is an
30 alternative provision otherwise provided by law, as authorized
31 in s. 4, Art. VIII of the State Constitution, for any transfer
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1 of power resulting from an interlocal service boundary
2 agreement for the provision of services or the acquisition of
3 public facilities entered into by a county, municipality,
4 independent special district, or other entity created pursuant
5 to law.
6 171.208 Municipal extraterritorial power.--This part
7 authorizes a municipality to exercise extraterritorial powers
8 that include, but are not limited to, the authority to provide
9 services and facilities within the unincorporated area or
10 within the territory of another municipality as provided
11 within an interlocal service boundary agreement. This power is
12 in addition to other municipal powers that otherwise exist.
13 However, this power is subject to the jurisdiction of the
14 Public Service Commission to resolve territorial disputes
15 under s. 366.04. An interlocal agreement has no effect on the
16 resolution of a territorial dispute to be determined by the
17 Public Service Commission.
18 171.209 County incorporated area power.--As provided
19 in an interlocal service boundary agreement, this part
20 authorizes a county to exercise powers within a municipality
21 that include, but are not limited to, the authority to provide
22 services and facilities within the territory of a
23 municipality. This power is in addition to other county powers
24 that otherwise exist.
25 171.21 Effect of part on interlocal agreement and
26 county charter.--A joint planning agreement, a charter
27 provision adopted under s. 171.044(4), or any other interlocal
28 agreement between local governments including a county,
29 municipality, or independent special district is not affected
30 by this part; however, the county, municipality or independent
31 special district may avail themselves of this part, which may
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1 result in the repeal or modification of a joint planning
2 agreement or other interlocal agreement. A local government
3 within a county that has adopted a charter provision pursuant
4 to s. 171.044(4) may avail itself of this part, provided that
5 the interlocal agreement is consistent with the approved
6 charter or the charter provision is repealed or modified
7 pursuant to s. 125.64.
8 171.211 Interlocal service boundary agreement presumed
9 valid and binding.--
10 (1) If there is litigation over the terms, conditions,
11 construction, or enforcement of an interlocal service boundary
12 agreement, the agreement shall be presumed valid, and the
13 challenger has the burden of proving its invalidity.
14 (2) Notwithstanding part I, it is the intent of this
15 part to authorize a municipality to enter into an interlocal
16 service boundary agreement that enhances, restricts, or
17 precludes annexations during the term of the agreement.
18 171.212 Disputes regarding construction and effect of
19 an interlocal service boundary agreement.--If there is a
20 question or dispute about the construction or effect of an
21 interlocal service boundary agreement, a local government
22 shall initiate and proceed through the conflict resolution
23 procedures established in chapter 164. If there is a failure
24 to resolve the conflict, no later than 30 days following the
25 conclusion of the procedures established in chapter 164, the
26 local government may file an action in circuit court. For
27 purposes of this section, the term "local government" means a
28 party to the interlocal service boundary agreement.
29 Section 2. Subsection (2) of section 171.042, Florida
30 Statutes, is amended, and subsection (3) is added to that
31 section, to read:
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1 171.042 Prerequisites to annexation.--
2 (2) Not fewer than 15 days prior to commencing the
3 annexation procedures under s. 171.0413, the governing body of
4 the municipality shall file a copy of the report required by
5 this section with the board of county commissioners of the
6 county wherein the municipality is located. The notice
7 provision provided in this subsection may be the basis for a
8 cause of action invalidating the annexation.
9 (3) Notice shall be provided by the municipality to
10 the affected residents within the proposed area to be annexed.
11 Section 3. Subsection (6) of section 171.044, Florida
12 Statutes, is amended to read:
13 171.044 Voluntary annexation.--
14 (6) Not fewer than 10 days prior to Upon publishing or
15 posting the ordinance notice required under subsection (2),
16 the governing body of the municipality must provide a copy of
17 the notice, via certified mail, to the board of the county
18 commissioners of the county wherein the municipality is
19 located. The notice provision provided in this subsection may
20 shall not be the basis for a of any cause of action
21 invalidating challenging the annexation.
22 Section 4. Section 171.094, Florida Statutes, is
23 created to read:
24 171.094 Effect of interlocal service boundary
25 agreements adopted under part II on annexations under this
26 part.
27 (1) An interlocal service boundary agreement entered
28 into pursuant to part II is binding on the parties to the
29 agreement and a party may not take any action that violates
30 the interlocal service boundary agreement.
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1 (2) Notwithstanding any other provision of this part,
2 without the consent of the county, the affected municipality
3 or affected independent special district by resolution, a
4 county, an invited municipality or independent special
5 district may not take any action that violates an interlocal
6 service boundary agreement.
7 Section 5. Section 171.081, Florida Statutes, is
8 amended to read:
9 171.081 Appeal on annexation or contraction.--
10 (1) No later than 30 days following the passage of an
11 annexation or contraction ordinance, Any party affected who
12 believes that he or she will suffer material injury by reason
13 of the failure of the municipal governing body to comply with
14 the procedures set forth in this chapter for annexation or
15 contraction or to meet the requirements established for
16 annexation or contraction as they apply to his or her property
17 may file a petition in the circuit court for the county in
18 which the municipality or municipalities are located seeking
19 review by certiorari. The action may be initiated at the
20 party's option either within 30 days following the passage of
21 the annexation or contraction ordinance or within 30 days
22 following the completion of the dispute resolution process in
23 subsection (2). In any action instituted pursuant to this
24 subsection section, the complainant, should he or she prevail,
25 shall be entitled to reasonable costs and attorney's fees.
26 (2) If the affected party is a governmental entity, no
27 later than 30 days following the passage of an annexation or
28 contraction ordinance, the governmental entity must initiate
29 and proceed through the conflict resolution procedures
30 established in chapter 164. If there is a failure to resolve
31 the conflict, no later than 30 days following the conclusion
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1 of the procedures established in chapter 164, the governmental
2 entity that initiated the conflict resolution procedures may
3 file a petition in the circuit court for the county in which
4 the municipality or municipalities are located seeking review
5 by certiorari. In any legal action instituted pursuant to this
6 subsection, the prevailing party is entitled to reasonable
7 costs and attorney's fees.
8 Section 6. Subsection (11) of section 163.01, Florida
9 Statutes, is amended to read:
10 163.01 Florida Interlocal Cooperation Act of 1969.--
11 (11) Prior to its effectiveness, an interlocal
12 agreement and subsequent amendments thereto shall be filed
13 with the clerk of the circuit court of each county where a
14 party to the agreement is located; however, if the parties to
15 the agreement are located in multiple counties and the
16 agreement, pursuant to subsection (7), provides for a separate
17 legal entity or administrative entity to administer the
18 agreement, the interlocal agreement and any amendments thereto
19 may be filed with the clerk of the circuit court in the county
20 where the legal or administrative entity maintains its
21 principal place of business.
22 Section 7. Section 164.1058, Florida Statutes, is
23 amended to read:
24 164.1058 Penalty.--If a primary conflicting
25 governmental entity which has received notice of intent to
26 initiate the conflict resolution procedure pursuant to this
27 act fails to participate in good faith in the conflict
28 assessment meeting, mediation, or other remedies provided for
29 in this act, and the initiating governmental entity files suit
30 and is the prevailing party in such suit, the primary
31 disputing governmental entity that which failed to participate
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1 in good faith shall be required to pay the attorney's fees and
2 costs in that proceeding of the prevailing primary conflicting
3 governmental entity which initiated the conflict resolution
4 procedure.
5 Section 8. The Division of Statutory Revision is
6 requested to designate sections 171.011-171.094, Florida
7 Statutes, as part I of chapter 171, Florida Statutes, and
8 sections 171.20-171.212, Florida Statutes, as created by this
9 act, as part II of chapter 171, Florida Statutes.
10 Section 9. This act shall take effect upon becoming a
11 law.
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