| 1 | A bill to be entitled |
| 2 | An act relating to municipalities; creating s. 163.3172, |
| 3 | F.S.; providing legislative findings; prohibiting effect |
| 4 | or application of certain county provisions within |
| 5 | municipalities unless approved by county and municipal |
| 6 | electors or the municipal governing board; providing for |
| 7 | readoption of certain county provisions under certain |
| 8 | circumstances; providing for nonapplication to certain |
| 9 | counties; providing an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Section 163.3172, Florida Statutes, is created |
| 14 | to read: |
| 15 | 163.3172 Municipalities; county authority limitations.-- |
| 16 | (1) The Legislature finds that municipalities are the |
| 17 | units of local self-government closest to the people they serve |
| 18 | and thereby are best situated to determine the unique needs of |
| 19 | their communities. Municipalities provide their residents a true |
| 20 | voice as to the character and values of their local communities. |
| 21 | The Legislature recognizes there have been increasing and |
| 22 | numerous preemptions of municipal democratic powers by other |
| 23 | forms of local government and concludes that municipalities must |
| 24 | retain the authority to perform the functions that are of most |
| 25 | immediate concern to their citizens. |
| 26 | (2) Notwithstanding this chapter, chapter 125, and s. |
| 27 | 171.044(4), any existing or future charter county charter |
| 28 | provision, ordinance, land development regulation, or countywide |
| 29 | special act that governs the use, development, or redevelopment |
| 30 | of land is not effective within and does not apply to any |
| 31 | municipality in the county and a charter county charter |
| 32 | provision, ordinance, land development regulation, or countywide |
| 33 | special act may not provide an exclusive method of municipal |
| 34 | annexation unless the provision, ordinance, regulation, or |
| 35 | special act is approved by a majority vote of the electors |
| 36 | within the county and a majority vote of the electors within the |
| 37 | municipality at a duly held municipal election or is approved by |
| 38 | a majority vote of the municipality's governing board. Existing |
| 39 | charter county charter provisions and countywide special acts |
| 40 | that have been approved by referendum prior to the effective |
| 41 | date of this act must be readopted in accordance with this |
| 42 | section. This section shall not apply to any county as defined |
| 43 | in s. 125.011. |
| 44 | Section 2. This act shall take effect July 1, 2006. |