| 1 | The Growth Management Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to municipalities; creating s. 163.3172, |
| 7 | F.S.; providing legislative findings; prohibiting effect |
| 8 | or application of certain county provisions within |
| 9 | municipalities unless approved by county and municipal |
| 10 | electors or the municipal governing board; providing for |
| 11 | effect of certain laws or charter county provisions or |
| 12 | ordinances in certain municipalities; providing an |
| 13 | exception; providing for nonapplication to certain |
| 14 | counties, impact fees, laws or charter county provisions |
| 15 | or ordinances, or special districts; providing an |
| 16 | effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Section 163.3172, Florida Statutes, is created |
| 21 | to read: |
| 22 | 163.3172 Municipalities; county authority limitations.-- |
| 23 | (1) The Legislature finds that municipalities are the |
| 24 | units of local self-government closest to the people they serve |
| 25 | and thereby are best situated to determine the unique needs of |
| 26 | their communities. Municipalities provide their residents a true |
| 27 | voice as to the character and values of their local communities. |
| 28 | The Legislature recognizes there have been increasing and |
| 29 | numerous preemptions of municipal democratic powers by other |
| 30 | forms of local government and concludes that municipalities must |
| 31 | retain the authority to perform the functions that are of most |
| 32 | immediate concern to their citizens. |
| 33 | (2) Notwithstanding this chapter or any other law, any |
| 34 | charter county charter provision adopted on or after July 1, |
| 35 | 2006, or ordinance adopted pursuant to such charter provision |
| 36 | that affects the authority of a municipality within the charter |
| 37 | county to regulate the use, development, or redevelopment of |
| 38 | land or that affects municipal annexation within a charter |
| 39 | county may not apply to or within the municipality unless such |
| 40 | charter provision or ordinance is approved by a vote of: |
| 41 | (a) The municipality's governing body; or |
| 42 | (b) The electors of the municipality at a duly called |
| 43 | municipal election. |
| 44 | (3) Notwithstanding this chapter or any other law, any law |
| 45 | or charter county provision or ordinance adopted before July 1, |
| 46 | 2006, that affects the authority of a municipality within a |
| 47 | charter county to regulate the use, development, or |
| 48 | redevelopment of land or that affects municipal annexation |
| 49 | within a charter county shall be effective within the |
| 50 | municipality on July 1, 2006, subject to modification or repeal |
| 51 | by ordinance of the municipality. |
| 52 | (4) This section shall not apply to: |
| 53 | (a) Any county as defined in s. 125.011; |
| 54 | (b) Any countywide impact fee for transportation or public |
| 55 | schools approved by the governing board of a charter county; |
| 56 | (c) Any law or charter county provision or ordinance that |
| 57 | sets minimum standards for protecting the environment through |
| 58 | the prohibition or regulation of air, water, soil, or property |
| 59 | contamination; or |
| 60 | (d) Any special district created by special act. |
| 61 | Section 2. This act shall take effect July 1, 2006. |