Senate Bill sb1608

    Florida Senate - 2006                                  SB 1608

    By Senator Bennett





    21-1081-06

  1                      A bill to be entitled

  2         An act relating to land use decisions; creating

  3         s. 163.3172, F.S.; providing that a county

  4         charter, ordinance, regulation, or special act

  5         governing the use or development of land, or

  6         providing an exclusive method of municipal

  7         annexation, is not effective within or

  8         applicable to a municipality within that county

  9         unless the charter provision, ordinance,

10         regulation, or special act is approved by a

11         majority of the electors of the county and the

12         municipality or is approved by a majority of

13         the municipality's governing board; exempting

14         certain charter counties from application of

15         the act; providing an effective date.

16  

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

18  

19         Section 1.  Section 163.3172, Florida Statutes, is

20  created to read:

21         163.3172  Municipal authority.--

22         (1)  The Legislature finds that a municipality is the

23  unit of local self-government which is closest to the people

24  it serves and thereby is best situated to determine the unique

25  needs of the community.  A municipality provides residents a

26  true voice concerning the character and values of the local

27  community. The Legislature recognizes that there have been

28  numerous and increasing preemptions of municipal democratic

29  powers by other forms of local government, and concludes that

30  municipalities must retain the authority to perform the

31  

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1608
    21-1081-06




 1  functions that are of most immediate concern to their

 2  residents.

 3         (2)  Notwithstanding chapter 125, this chapter, or s.

 4  171.044(4), any county charter, county ordinance, county land

 5  development regulation, or countywide special act governing

 6  the use, development, or redevelopment of land, or providing

 7  an exclusive method of municipal annexation, which is in

 8  effect before July 1, 2006, or adopted on or after July 1,

 9  2006, is not effective within or applicable to any

10  municipality within that county unless the charter provision,

11  ordinance, land development regulation, or special act is

12  approved by a majority vote of the electors within the county

13  and a majority vote of the electors within the municipality

14  voting in a municipal election, or is approved by a majority

15  vote of the governing board of the municipality.

16         (3)  This section does not apply to a county as defined

17  in s. 125.011.

18         Section 2.  This act shall take effect July 1, 2006.

19  

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21                          SENATE SUMMARY

22    Vacates the application within a municipality of a
      provision of a county charter, ordinance, land
23    development regulation, or special act concerning land
      use, or establishing an exclusive method of annexation,
24    unless adopted by a majority of the municipality's
      governing board or the electors of the county and
25    municipality. Exempts certain charter counties from
      application of the act.
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CODING: Words stricken are deletions; words underlined are additions.