HB 1589

1
A bill to be entitled
2An act relating to Indian River County; providing
3definitions; requiring voter approval of any amendment to
4the Indian River County Comprehensive Plan which expands
5the urban service boundary; requiring a referendum;
6providing a ballot statement; providing an effective date.
7
8     WHEREAS, Indian River County is a noncharter county
9operating under Section 1(f), Article VIII of the State
10Constitution, with the power of self-government as is provided
11by general or special law, and
12     WHEREAS, part II of chapter 163, Florida Statutes, provides
13authority for the board of county commissioners of Indian River
14County to exercise comprehensive land use and zoning power for
15property within the unincorporated area of the county, and
16     WHEREAS, the Indian River County Comprehensive Plan adopted
17pursuant to part II of chapter 163, Florida Statutes,
18establishes a county urban service boundary, and
19     WHEREAS, on November 7, 2006, the voters of Indian River
20County approved a nonbinding referendum that favored the
21adoption of a special act for Indian River County by the
22Legislature to require voter approval of any amendment to the
23Indian River County Comprehensive Plan which expands the urban
24service boundary, NOW, THEREFORE,
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  As used in this act:
29     (1)  "Board of county commissioners" means the governing
30body of Indian River County.
31     (2)  "County" means Indian River County.
32     (3)  "Urban service boundary" means the geographical area
33established by the county in accordance with section 163.3177,
34Florida Statutes.
35     Section 2.  The Indian River County urban service boundary
36may be expanded only by the board of county commissioners upon
37approval of a majority of those qualified electors of the county
38voting in a referendum called for that purpose by the board of
39county commissioners to be held in accordance with the
40provisions of law relating to elections then in force.
41     Section 3.  In conjunction with the next countywide general
42election, and in accordance with the general laws governing
43elections, the Supervisor of Elections of Indian River County
44shall conduct a referendum of qualified electors of the county
45for the purpose of posing the following question:
46
47Shall legislation be enacted to require referendum approval of
48any future expansion of the urban service boundary area by the
49board of county commissioners?
50___Yes
51___No
52     Section 4. This act shall take effect only upon its
53approval by a majority of those qualified electors of the county
54voting in a referendum held in accordance with section 3, except
55that this section and section 3 shall take effect upon becoming
56a law.


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