Senate Bill sb1730

    Florida Senate - 2006                                  SB 1730

    By Senator Garcia





    40-1017-06

  1                      A bill to be entitled

  2         An act relating to local governments; amending

  3         s. 125.0101, F.S.; prohibiting a county from

  4         using its authority to require payment by

  5         certain municipalities as a condition of

  6         incorporation; providing for application of the

  7         prohibition to certain counties with a home

  8         rule charter; providing an effective date.

  9  

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

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12         Section 1.  Subsections (2) and (5) of section

13  125.0101, Florida Statutes, are amended to read:

14         125.0101  County may contract to provide services to

15  municipalities and special districts.--

16         (2)  In addition to the powers enumerated in this

17  chapter, the legislative and governing body of a county may

18  shall have the power to contract with a municipality or

19  special district within the county for fire protection, law

20  enforcement, library services and facilities, beach erosion

21  control, recreation services and facilities, water, streets,

22  sidewalks, street lighting, garbage and trash collection and

23  disposal, waste and sewage collection and disposal, drainage,

24  transportation, and other essential facilities and municipal

25  services.  Such services shall be funded as agreed upon

26  between the county and the municipality or special district.

27  This section does not shall not be construed to authorize the

28  county to:

29         (a)  Impose a any service charge or special assessment

30  or to levy a any tax within the municipality or special

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






    Florida Senate - 2006                                  SB 1730
    40-1017-06




 1  district;, nor shall this section be construed to authorize

 2  the creation of

 3         (b)  Create a municipal service taxing unit within such

 4  area; or.

 5         (c)  Require a municipality that was formed after

 6  January 1, 2000, to pay a charge, assessment, tax, fee, or

 7  other consideration as a condition of incorporation.

 8         (5)  Except as provided in paragraph (2)(c), this

 9  section does shall not apply to a any county operating under a

10  home rule charter adopted pursuant to ss. 10, 11, and 24, Art.

11  VIII of the Constitution of 1885, as preserved by s. 6(e),

12  Art. VIII, of the Constitution of 1968.

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

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16                          SENATE SUMMARY

17    Prohibits a county from requiring payment by certain
      municipalities as condition of incorporation. Applies the
18    prohibition to specified counties with a home rule
      charter.
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CODING: Words stricken are deletions; words underlined are additions.