Senate Bill sb1194e1

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    CS for SB 1194                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to growth management; creating

  3         part II of ch. 171, F.S., the "Interlocal

  4         Service Boundary Agreement Act"; providing

  5         legislative intent with respect to annexation

  6         and the coordination of services by local

  7         governments; providing definitions; providing

  8         for the creation of interlocal service boundary

  9         agreements by a county and one or more

10         municipalities or independent special

11         districts; specifying the procedures for

12         initiating an agreement and responding to a

13         proposal for agreements; identifying issues the

14         agreement may or must address; requiring that

15         emergency medical services be provided by the

16         existing provider to an annexed area with

17         certain exceptions; requiring local governments

18         that are a party to the agreement to amend

19         their comprehensive plans; providing for review

20         of the amendment by the state land planning

21         agency; providing an exception to the

22         limitation on plan amendments; specifying those

23         persons who may challenge a plan amendment

24         required by the agreement; providing for

25         negotiation and adoption of the agreement;

26         providing for preservation of certain

27         agreements and powers regarding utility

28         services; providing for preservation of

29         existing contracts; providing prerequisites to

30         annexation; providing a process for annexation;

31         providing for the effect of an interlocal


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    CS for SB 1194                                 First Engrossed



 1         service boundary area agreement on the parties

 2         to the agreement; providing for a transfer of

 3         powers; authorizing a municipality to provide

 4         services within an unincorporated area or

 5         territory of another municipality; authorizing

 6         a county to exercise certain powers within a

 7         municipality; providing for the effect on

 8         interlocal agreements and county charters;

 9         providing a presumption of validity; providing

10         a procedure to settle a dispute regarding an

11         interlocal service boundary agreement; amending

12         s. 171.042, F.S.; revising the time period for

13         filing a report; providing for a cause of

14         action to invalidate an annexation; requiring

15         municipalities to provide notice of proposed

16         annexation to certain persons; amending s.

17         171.044, F.S.; revising the time period for

18         providing a copy of a notice; providing for a

19         cause of action to invalidate an annexation;

20         creating s. 171.094, F.S.; providing for the

21         effect of interlocal service boundary

22         agreements adopted under the act; amending s.

23         171.081, F.S.; requiring a governmental entity

24         affected by annexation or contraction to

25         initiate conflict resolution procedures under

26         certain circumstances; providing for initiation

27         of judicial review and reimbursement of

28         attorney's fees and costs regarding certain

29         annexations or contractions; amending s.

30         163.01, F.S.; providing for the place of filing

31         an interlocal agreement in certain


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    CS for SB 1194                                 First Engrossed



 1         circumstances; amending s. 164.1058, F.S.;

 2         providing that a governmental entity that fails

 3         to participate in conflict resolution

 4         procedures shall be required to pay attorney's

 5         fees and costs under certain conditions;

 6         requesting the Division of Statutory Revision

 7         to designate parts I and II of ch. 171, F.S.;

 8         creating s. 163.31801, F.S.; creating the

 9         "Florida Impact Fee Act"; providing legislative

10         intent; requiring that an impact fee meet

11         certain specified requirements concerning

12         calculation of the fee, affordable housing,

13         accounting for revenues and expenditures,

14         provision of notice, and collection of

15         administrative costs; requiring inclusion of an

16         affidavit certifying compliance with the act in

17         certain audits of financial statements of a

18         local government entity or a school board

19         provided to the Auditor General; providing an

20         effective date.

21  

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

23  

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

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

26  171.204, 171.205, 171.206, 171.207, 171.208, 171.209, 171.21,

27  171.211, and 171.212, is created to read:

28         171.20  Short title.--This part may be cited as the

29  "Interlocal Service Boundary Agreement Act."

30         171.201  Legislative intent.--The Legislature intends

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


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    CS for SB 1194                                 First Engrossed



 1  governments regarding the annexation of territory into a

 2  municipality and the subtraction of territory from the

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

 4  part is to encourage local governments to jointly determine

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

 6  efficient and effective manner while balancing the needs and

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

 8  more flexible process for adjusting municipal boundaries and

 9  to address a wider range of the effects of annexation. This

10  part is intended to encourage intergovernmental coordination

11  in planning, service delivery, and boundary adjustments and to

12  reduce intergovernmental conflicts and litigation between

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

14  sensible boundaries that reduce the costs of local

15  governments, avoid duplicating local services, and increase

16  political transparency and accountability. This part is

17  intended to prevent inefficient service delivery and an

18  insufficient tax base to support the delivery of those

19  services.

20         171.202  Definitions.--As used in this part, the term:

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

22  administrator, municipal manager, county manager, county

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

24  or independent special district who reports directly to the

25  governing body of the local government.

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

27  171.031.

28         (3)  "Independent special district" means an

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

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

31  stormwater services.


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

 2  the process for negotiating an interlocal service boundary

 3  agreement through the adoption of an initiating resolution.

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

 5  municipality, or independent special district that commences

 6  the process for negotiating an interlocal service boundary

 7  agreement through the adoption of an initiating resolution.

 8         (6)  "Initiating municipality" means a municipality

 9  that commences the process for negotiating an interlocal

10  service boundary agreement through the adoption of an

11  initiating resolution.

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

13  by a county, municipality, or independent special district

14  which commences the process for negotiating an interlocal

15  service boundary agreement and which identifies the

16  unincorporated area and other issues for discussion.

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

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

19  more municipalities, which may include one or more independent

20  special districts as parties to the agreement.

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

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

23  government designated as such in an initiating resolution or a

24  responding resolution that invites the local government to

25  participate in negotiating an interlocal service boundary

26  agreement.

27         (10)  "Invited municipality" means an initiating

28  municipality and any other municipality designated as such in

29  an initiating resolution or a responding resolution that

30  invites the municipality to participate in negotiating an

31  interlocal service boundary agreement.


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

 2  following as designated in an interlocal service boundary

 3  agreement:

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

 5  an interlocal service boundary agreement for municipal

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

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

 8  an interlocal service boundary agreement to receive municipal

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

10  or from the municipality's designee.

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

12  municipality, other than an invited municipality, that

13  receives an initiating resolution.

14         (13)  "Participating resolution" means the resolution

15  adopted by the initiating local government and the invited

16  local government.

17         (14)  "Requesting resolution" means the resolution

18  adopted by a municipality seeking to participate in the

19  negotiation of an interlocal service boundary agreement.

20         (15)  "Responding resolution" means the resolution

21  adopted by the county or an invited municipality which

22  responds to the initiating resolution and which may identify

23  an additional unincorporated area or another issue for

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

25  municipality or independent special district.

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

27  of the following as designated in an interlocal service

28  boundary agreement:

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

30  an interlocal service boundary agreement and that may not be

31  annexed without the consent of the county.


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

 2  both, which have been identified in an interlocal service

 3  boundary agreement to receive municipal services from a county

 4  or its designee or an independent special district.

 5         171.203  Interlocal service boundary agreement.--The

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

 7  independent special districts within the county may enter into

 8  an interlocal service boundary agreement under this part. The

 9  governing bodies of a county, a municipality, or an

10  independent special district may develop a process for

11  reaching an interlocal service boundary agreement which

12  provides for public participation in a manner that meets or

13  exceeds the requirements of subsection (13), or the governing

14  bodies may use the process established in this section.

15         (1)  A county, a municipality, or an independent

16  special district desiring to enter into an interlocal service

17  boundary agreement shall commence the negotiation process by

18  adopting an initiating resolution. The initiating resolution

19  must identify an unincorporated area or incorporated area, or

20  both, to be discussed and the issues to be negotiated. The

21  identified area must be specified in the initiating resolution

22  by a descriptive exhibit that includes, but need not be

23  limited to, a map or legal description of the designated area.

24  The issues for negotiation must be listed in the initiating

25  resolution and may include, but need not be limited to, the

26  issues listed in subsection (6). An independent special

27  district may initiate the interlocal service boundary

28  agreement for the purposes of dissolving an independent

29  special district or in response to a proposed annexation that

30  would remove more than 10 percent of the taxable or assessable

31  value of an independent special district.


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    CS for SB 1194                                 First Engrossed



 1         (a)  The initiating resolution of an initiating county

 2  must designate one or more invited municipalities. The

 3  initiating resolution of an initiating municipality may

 4  designate an invited municipality. The initiating resolution

 5  of an independent special district must designate one or more

 6  invited municipalities and invite the county.

 7         (b)  An initiating county shall send the initiating

 8  resolution by United States certified mail to the chief

 9  administrative officer of every invited municipality and each

10  other municipality within the county. An initiating

11  municipality shall send the initiating resolution by United

12  States certified mail to the chief administrative officer of

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

14  municipality within the county.

15         (c)  The initiating local government shall also send

16  the initiating resolution to the chief administrative officer

17  of each independent special district in the unincorporated

18  area designated in the initiating resolution.

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

20  resolution, the county or the invited municipality, as

21  appropriate, shall adopt a responding resolution. The

22  responding resolution may identify an additional

23  unincorporated area or incorporated area, or both, for

24  discussion and may designate additional issues for

25  negotiation. The additional identified area, if any, must be

26  specified in the responding resolution by a descriptive

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

28  legal description of the designated area. The additional

29  issues designated for negotiation, if any, must be listed in

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

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


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    CS for SB 1194                                 First Engrossed



 1  responding resolution may also invite an additional

 2  municipality or independent special district to negotiate the

 3  interlocal service boundary agreement.

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

 5  resolution, the responding county shall send the responding

 6  resolution by United States certified mail to the chief

 7  administrative officer of the initiating municipality, each

 8  invited municipality, if any, and the independent special

 9  district that received an initiating resolution.

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

11  resolution, an invited municipality shall send the responding

12  resolution by United States certified mail to the chief

13  administrative officer of the initiating county, each invited

14  municipality, if any, and each independent special district

15  that received an initiating resolution.

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

17  responding resolution shall adopt a responding resolution in

18  accordance with paragraph (b).

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

20  resolution, any independent special district that received an

21  initiating resolution and that desires to participate in the

22  negotiations shall adopt a resolution indicating that it

23  intends to participate in the negotiation process for the

24  interlocal service boundary agreement. Within 7 days after the

25  adoption of the resolution, the independent special district

26  shall send the resolution by United States certified mail to

27  the chief administrative officer of the county, the initiating

28  municipality, each invited municipality, if any, and each

29  notified local government.

30         (3)  A municipality within the county which is not an

31  invited municipality may request participation in the


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    CS for SB 1194                                 First Engrossed



 1  negotiations for the interlocal service boundary agreement.

 2  Such a request must be accomplished by adopting a requesting

 3  resolution within 60 days after receipt of the initiating

 4  resolution or within 10 days after receipt of the responding

 5  resolution. Within 7 days after adoption of the requesting

 6  resolution, the requesting municipality shall send the

 7  resolution by United States certified mail to the chief

 8  administrative officer of the initiating local government and

 9  each invited municipality. The county and the invited

10  municipality shall consider whether to allow a requesting

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

12  agree, the county and the municipality shall adopt a

13  participating resolution allowing the requesting municipality

14  to participate in the negotiations.

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

16  participating municipalities, if any, and the independent

17  special districts, if any have adopted a resolution to

18  participate, shall begin negotiations within 60 days after

19  receipt of the responding resolution or a participating

20  resolution, whichever occurs later.

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

22  responding resolution shall be deemed to waive its right to

23  participate in the negotiation process and shall be bound by

24  an interlocal agreement resulting from such negotiation

25  process, if any is reached.

26         (6)  An interlocal service boundary agreement may

27  address any issue concerning service delivery, fiscal

28  responsibilities, or boundary adjustment. The agreement may

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

30         (a)  Identify a municipal service area.

31         (b)  Identify an unincorporated service area.


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 1         (c)  Identify the local government responsible for the

 2  delivery or funding of the following services within the

 3  municipal service area or the unincorporated service area:

 4         1.  Public safety.

 5         2.  Fire, emergency rescue, and medical.

 6         3.  Water and wastewater.

 7         4.  Road ownership, construction, and maintenance.

 8         5.  Conservation, parks, and recreation.

 9         6.  Stormwater management and drainage.

10         (d)  Address other services and infrastructure not

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

12  366.02(2) or a natural gas transmission company as defined by

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

14  territorial agreement between electrical utilities or public

15  utilities under chapter 366 or affect the determination of a

16  territorial dispute by the Public Service Commission under s.

17  366.04.

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

19  an area within the designated municipal service area

20  consistent with s. 171.205.

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

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

23  jointly by the governing bodies of the county and the

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

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

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

27  agreement; however, the county comprehensive plan and

28  land-development regulations shall control until the

29  municipality annexes the property and amends its comprehensive

30  plan accordingly. Comprehensive plan amendments to incorporate

31  


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 1  the process established by this paragraph are exempt from the

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

 3         (g)  Address other issues concerning service delivery,

 4  including the transfer of services and infrastructure and the

 5  fiscal compensation to one county, municipality, or

 6  independent special district from another county,

 7  municipality, or independent special district.

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

 9  colocation of services.

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

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

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

13         (j)  Establish a procedure by which the local

14  government that is responsible for water and wastewater

15  services shall, within 30 days after the annexation or

16  subtraction of territory, apply for any modifications to

17  permits of the water management district or the Department of

18  Environmental Protection which are necessary to reflect

19  changes in the entity that is responsible for managing surface

20  water under such permits.

21         (7)  If the interlocal service boundary agreement

22  addresses responsibilities for land-use planning under chapter

23  163, the agreement must also establish the procedures for

24  preparing and adopting comprehensive plan amendments,

25  administering land-development regulations, and issuing

26  development orders.

27         (8)  In order to ensure that the health and welfare of

28  the residents affected by annexation will be protected, all

29  fire and emergency medical services shall be provided by the

30  existing provider of fire and emergency medical services to

31  


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 1  the annexed area and remain part of the existing municipal

 2  service taxing unit or special district unless:

 3         1.  The county and annexing municipality reach an

 4  agreement, through interlocal agreement or other legally

 5  sufficient means, as to who shall provide these emergency

 6  services; or

 7         2.  A fire-rescue services element exists for the

 8  respective county's comprehensive plan filed with the state

 9  and the annexing municipality meets the criteria set forth.

10         (9)  Each local government that is a party to the

11  interlocal service boundary agreement shall amend the

12  intergovernmental coordination element of its comprehensive

13  plan, as described in s. 163.3177(6)(h)1., no later than 6

14  months following entry of the interlocal service boundary

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

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

17  limitation under s. 163.3187.

18         (10)  An affected person for the purpose of challenging

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

20  includes a person who owns real property, resides, or owns or

21  operates a business within the boundaries of the municipal

22  service area, and a person who owns real property abutting

23  real property within the municipal service area that is the

24  subject of the comprehensive plan amendment, in addition to

25  those other affected persons who would have standing under s.

26  163.3184.

27         (11)(a)  A municipality that is a party to an

28  interlocal service boundary agreement that identifies an

29  unincorporated area for municipal annexation under s.

30  171.202(11)(a) shall adopt a municipal service area as an

31  amendment to its comprehensive plan to address future possible


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 1  municipal annexation. The state land planning agency shall

 2  review the amendment for compliance with part II of chapter

 3  163. The proposed plan amendment must contain:

 4         1.  A boundary map of the municipal service area.

 5         2.  Population projections for the area.

 6         3.  Data and analysis supporting the provision of

 7  public facilities for the area.

 8         (b)  This part does not authorize the state land

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

10  disapprove a municipal ordinance relating to municipal

11  annexation or contraction.

12         (c)  Any amendment required by paragraph (a) is exempt

13  from the twice-per-year limitation under s. 163.3187.

14         (12)  An interlocal service boundary agreement may be

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

16  boundary agreement must include a provision requiring periodic

17  review. The interlocal service boundary agreement must require

18  renegotiations to begin at least 18 months before its

19  termination date.

20         (13)  No earlier than 6 months after the commencement

21  of negotiations, either of the initiating local governments or

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

23  impasse in the negotiations and seek a resolution of the

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

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

26  164, the local governments shall hold a joint public hearing

27  on the issues raised in the negotiations.

28         (14)  When the local governments have reached an

29  interlocal service boundary agreement, the county and the

30  municipality shall adopt the agreement by ordinance under s.

31  166.041 or s. 125.66, respectively. An independent special


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    CS for SB 1194                                 First Engrossed



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

 2  agreement by final order, resolution, or other method

 3  consistent with its charter. The interlocal service boundary

 4  agreement shall take effect on the day specified in the

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

 6  or the invited municipality, whichever occurs later. This part

 7  does not prohibit a county or municipality from adopting an

 8  interlocal service boundary agreement without the consent of

 9  an independent special district, unless the agreement provides

10  for the dissolution of an independent special district or the

11  removal of more than 10 percent of the taxable or assessable

12  value of an independent special district.

13         (15)  For a period of 6 months following the failure of

14  the local governments to consent to an interlocal service

15  boundary agreement, the initiating local government may not

16  initiate the negotiation process established in this section

17  to require the responding local government to negotiate an

18  agreement concerning the same identified unincorporated area

19  and the same issues that were specified in the failed

20  initiating resolution.

21         (16)  This part does not authorize one local government

22  to require another local government to enter into an

23  interlocal service boundary agreement. However, when the

24  process for negotiating an interlocal service boundary

25  agreement is initiated, the local governments shall negotiate

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

27  this section.

28         (17)  This section authorizes local governments to

29  simultaneously engage in negotiating more than one interlocal

30  service boundary agreement, notwithstanding that separate

31  


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 1  negotiations concern similar or identical unincorporated areas

 2  and issues.

 3         (18)  Elected local government officials are encouraged

 4  to participate actively and directly in the negotiation

 5  process for developing an interlocal service boundary

 6  agreement.

 7         (19)  This part does not impair any existing franchise

 8  agreement without the consent of the franchisee, any existing

 9  territorial agreement between electric utilities or public

10  utilities under chapter 366, or the jurisdiction of the Public

11  Service Commission to resolve a territorial dispute involving

12  electric utilities or public utilities in accordance with s.

13  366.04. In addition, an interlocal agreement entered into

14  under this section has no effect in a proceeding before the

15  Public Service Commission involving a territorial dispute. A

16  municipality or county shall retain all existing authority, if

17  any, to negotiate a franchise agreement with any private

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

19  privilege of providing a service.

20         (20)  This part does not impair any existing contract

21  without the consent of the parties.

22         171.204  Prerequisites to annexation under this

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

24  the character of land that may be annexed under this part and

25  may provide that the restrictions on the character of land

26  that may be annexed pursuant to part I are not restrictions on

27  land that may be annexed pursuant to this part. As determined

28  in the interlocal service boundary agreement, any character of

29  land may be annexed, including, but not limited to, an

30  annexation of land not contiguous to the boundaries of the

31  annexing municipality, an annexation that creates an enclave,


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 1  or an annexation where the annexed area is not reasonably

 2  compact; however, such area must be "urban in character" as

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

 4  agreement may not allow for annexation of land within a

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

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

 7  is not contiguous to the boundaries of the annexing

 8  municipality, an annexation that creates an enclave, or an

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

10  sewer utilities, one of the following options must be

11  followed:

12         (1)  The municipality shall transmit a

13  comprehensive-plan amendment that proposes specific amendments

14  relating to the property anticipated for annexation to the

15  Department of Community Affairs for review under chapter 163.

16  After considering the department's review, the municipality

17  may approve the annexation and comprehensive-plan amendment

18  concurrently. The local government must adopt the annexation

19  and the comprehensive-plan amendment as separate and distinct

20  actions, but may take such actions at a single public hearing;

21  or

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

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

24  the municipal comprehensive plan. The joint planning agreement

25  must identify the geographic areas anticipated for annexation,

26  the future land uses that the municipality would seek to

27  establish, necessary public facilities and services, including

28  transportation and school facilities and how they will be

29  provided, and natural resources, including surface water and

30  groundwater resources, and how they will be protected. An

31  amendment to the future land-use map of a comprehensive plan


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 1  which is consistent with the joint planning agreement must be

 2  considered a small-scale amendment.

 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 persons who are registered voters or own

11  property in the area proposed for annexation, or of both such

12  voters and owners, for the annexation of property within a

13  municipal service area, with notice to such voters or owners

14  as required in the interlocal service boundary agreement. The

15  interlocal service boundary agreement may not authorize

16  annexation unless the consent requirements of part I are met

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

18  following:

19         (a)  The municipality has received a petition for

20  annexation from more than 50 percent of the registered voters

21  who reside in the area proposed to be annexed.

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

23  registered voters who reside in the area proposed to be

24  annexed voting in a referendum on the annexation.

25         (c)  The municipality has received a petition for

26  annexation from more than 50 percent of the persons who own

27  property within the area proposed to be annexed.

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

29  owned solid waste disposal facility as defined in s.

30  403.703(11) which receives municipal solid waste collected

31  within the jurisdiction of multiple local governments, the


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 1  annexing municipality must set forth in its plan the affects

 2  that the annexation of the solid waste disposal facility will

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

 4  indicate that the owner of the affected solid waste disposal

 5  facility has been contacted in writing concerning the

 6  annexation, that an agreement between the annexing

 7  municipality and the solid waste disposal facility to govern

 8  the operations of the solid waste disposal facility if the

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

10  solid waste disposal facility does not object to the proposed

11  annexation.

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

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

14  the interlocal service boundary agreement may provide a

15  flexible process for securing the consent of persons who are

16  registered voters or own property in the area proposed for

17  annexation, or of both such voters and owners, for the

18  annexation of property within such an enclave, with notice to

19  such voters or owners as required in the interlocal service

20  boundary agreement. The interlocal service boundary agreement

21  may not authorize annexation of enclaves under this subsection

22  unless the consent requirements of part I are met, the

23  annexation process includes one or more of the procedures in

24  subsection (1), or the municipality has received a petition

25  for annexation from one or more persons who own real property

26  in excess of 50 percent of the total real property within the

27  area to be annexed.

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

29  20 acres or fewer within a designated municipal service area,

30  within which enclave not more than 100 registered voters

31  reside, the interlocal service boundary agreement may provide


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    CS for SB 1194                                 First Engrossed



 1  a flexible process for securing the consent of persons who are

 2  registered voters or own property in the area proposed for

 3  annexation, or of both such voters and owners, for the

 4  annexation of property within such an enclave, with notice to

 5  such voters or owners as required in the interlocal service

 6  boundary agreement. Such an annexation process may include one

 7  or more of the procedures in subsection (1) and may allow

 8  annexation according to the terms and conditions provided in

 9  the interlocal service boundary agreement, which may include a

10  referendum of the registered voters who reside in the area

11  proposed to be annexed.

12         171.206  Effect of interlocal service boundary area

13  agreement on annexations.--

14         (1)  An interlocal service boundary agreement is

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

16  take any action that violates the interlocal service boundary

17  agreement.

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

19  county and the affected municipality by resolution, a county

20  or an invited municipality may not take any action that

21  violates the interlocal service boundary agreement.

22         (3)  If the independent special district that

23  participated in the negotiation process pursuant to s.

24  171.203(2)(d) does not consent to the interlocal service

25  boundary agreement and a municipality annexes an area within

26  the independent special district, the independent special

27  district may seek compensation using the process in s.

28  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. These powers

12  are in addition to other municipal powers that otherwise

13  exist. However, this power is subject to the jurisdiction of

14  the 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. These powers are in addition to other county

24  powers 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, a county, municipality or independent

31  special district may avail itself of this part, which may


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    CS for SB 1194                                 First Engrossed



 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 the provisions of this

 5  part which authorize an interlocal service boundary agreement

 6  if such interlocal agreement is consistent with the charter of

 7  that county, as the charter was approved, revised, or amended

 8  pursuant to s. 125.64.

 9         171.211  Interlocal service boundary agreement presumed

10  valid and binding.--

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

12  construction, or enforcement of an interlocal service boundary

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

14  challenger has the burden of proving its invalidity.

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

16  part to authorize a municipality to enter into an interlocal

17  service boundary agreement that enhances, restricts, or

18  precludes annexations during the term of the agreement.

19         171.212  Disputes regarding construction and effect of

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

21  question or dispute about the construction or effect of an

22  interlocal service boundary agreement, a local government

23  shall initiate and proceed through the conflict resolution

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

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

26  conclusion of the procedures established in chapter 164, the

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

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

29  party to the interlocal service boundary agreement.

30  

31  


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

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

 3  section, to read:

 4         171.042  Prerequisites to annexation.--

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

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

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

 8  this section with the board of county commissioners of the

 9  county wherein the municipality is located. Failure to timely

10  file the report as required in this subsection may be the

11  basis for a cause of action invalidating the annexation.

12         (3)  The governing body of the municipality shall, not

13  less than 10 days prior to the date set for the first public

14  hearing required by s. 171.0413(1), mail a written notice to

15  each person who resides or owns property within the area

16  proposed to be annexed. The notice must describe the

17  annexation proposal, the time and place for each public

18  hearing to be held regarding the annexation, and the place or

19  places within the municipality where the proposed ordinance

20  may be inspected by the public. A copy of the notice must be

21  kept available for public inspection during the regular

22  business hours of the office of the clerk of the governing

23  body.

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

25  Statutes, is amended to read:

26         171.044  Voluntary annexation.--

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

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

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

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

31  commissioners of the county wherein the municipality is


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 1  located. The notice provision provided in this subsection may

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

 3  invalidating challenging the annexation.

 4         Section 4.  Section 171.094, Florida Statutes, is

 5  created to read:

 6         171.094  Effect of interlocal service boundary

 7  agreements adopted under part II on annexations under this

 8  part.

 9         (1)  An interlocal service boundary agreement entered

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

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

12  the interlocal service boundary agreement.

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

14  without the consent of the county, the affected municipality,

15  or affected independent special district by resolution, a

16  county, an invited municipality, or independent special

17  district may not take any action that violates an interlocal

18  service boundary agreement.

19         Section 5.  Section 171.081, Florida Statutes, is

20  amended to read:

21         171.081  Appeal on annexation or contraction.--

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

23  annexation or contraction ordinance, Any party affected who

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

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

26  the procedures set forth in this chapter for annexation or

27  contraction or to meet the requirements established for

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

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

30  which the municipality or municipalities are located seeking

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


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    CS for SB 1194                                 First Engrossed



 1  party's option within 30 days following the passage of the

 2  annexation or contraction ordinance or within 30 days

 3  following the completion of the dispute resolution process in

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

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

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

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

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

 9  contraction ordinance, the governmental entity must initiate

10  and proceed through the conflict resolution procedures

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

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

13  of the procedures established in chapter 164, the governmental

14  entity that initiated the conflict resolution procedures may

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

16  the municipality or municipalities are located seeking review

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

18  subsection, the prevailing party is entitled to reasonable

19  costs and attorney's fees.

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

21  Statutes, is amended to read:

22         163.01  Florida Interlocal Cooperation Act of 1969.--

23         (11)  Prior to its effectiveness, an interlocal

24  agreement and subsequent amendments thereto shall be filed

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

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

27  the agreement are located in multiple counties and the

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

29  legal entity or administrative entity to administer the

30  agreement, the interlocal agreement and any amendments thereto

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


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    CS for SB 1194                                 First Engrossed



 1  where the legal or administrative entity maintains its

 2  principal place of business.

 3         Section 7.  Section 164.1058, Florida Statutes, is

 4  amended to read:

 5         164.1058  Penalty.--If a primary conflicting

 6  governmental entity which has received notice of intent to

 7  initiate the conflict resolution procedure pursuant to this

 8  act fails to participate in good faith in the conflict

 9  assessment meeting, mediation, or other remedies provided for

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

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

12  disputing governmental entity that which failed to participate

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

14  costs in that proceeding of the prevailing primary conflicting

15  governmental entity which initiated the conflict resolution

16  procedure.

17         Section 8.  The Division of Statutory Revision is

18  requested to designate ss. 171.011-171.094, Florida Statutes,

19  as part I of chapter 171, Florida Statutes, and ss.

20  171.20-171.212, Florida Statutes, as created by this act, as

21  part II of chapter 171, Florida Statutes.

22         Section 9.  Section 163.31801, Florida Statutes, is

23  created to read:

24         163.31801  Impact fees; short title; intent;

25  definitions; ordinances levying impact fees.--

26         (1)  This section may be cited as the "Florida Impact

27  Fee Act."

28         (2)  The Legislature finds that impact fees are an

29  important source of revenue for a local government to use in

30  funding the infrastructure necessitated by new growth. The

31  Legislature further finds that impact fees are an outgrowth of


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    CS for SB 1194                                 First Engrossed



 1  the home rule power of a local government to provide certain

 2  services within its jurisdiction. Due to the growth of impact

 3  fee collections and local governments' reliance on impact

 4  fees, it is the intent of the Legislature to ensure that, when

 5  a county or municipality adopts an impact fee by ordinance or

 6  a special district adopts an impact fee by resolution, the

 7  governing authority complies with this section.

 8         (3)  An impact fee adopted by ordinance of a county or

 9  municipality or by resolution of a special district must, at

10  minimum:

11         (a)  Require that the calculation of the impact fee be

12  based on the most recent and localized data.

13         (b)  Significantly address affordable housing by

14  waiving, exempting, or deferring impact fees; paying impact

15  fees for affordable housing units out of another revenue

16  source.

17         (c)  Provide for accounting and reporting of impact fee

18  collections and expenditures. If a local governmental entity

19  imposes an impact fee to address its infrastructure needs, the

20  entity shall account for the revenues and expenditures of such

21  impact fee in a separate accounting fund.

22         (d)  Limit administrative charges for the collection of

23  impact fees to actual costs.

24         (e)  Require that notice be provided no less than 90

25  days before the effective date of an ordinance or resolution

26  imposing a new or amended impact fee.

27         (4)  Audits of financial statements of local

28  governmental entities and district school boards which are

29  performed by a certified public accountant pursuant to s.

30  218.39 and submitted to the Auditor General must include an

31  affidavit signed by the chief financial officer of the local


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    CS for SB 1194                                 First Engrossed



 1  governmental entity or district school board stating that the

 2  local governmental entity or district school board has

 3  complied with this section.

 4         Section 10.  This act shall take effect upon becoming a

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