Senate Bill sb2080

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    Florida Senate - 2007                                  SB 2080

    By Senator Bennett





    21-1506-07

  1                      A bill to be entitled

  2         An act relating to counties; creating s.

  3         125.6401, F.S.; providing legislative findings

  4         and intent; providing that an amendment to a

  5         county charter which transfers or restricts

  6         certain powers of a municipality in the county

  7         will not take effect unless approved by the

  8         voters of the municipality and of the county;

  9         amending s. 163.3171, F.S.; deleting provisions

10         allowing a charter county to exercise powers

11         over municipalities and districts therein;

12         amending s. 163.3174, F.S.; deleting provisions

13         relating to the division of planning

14         responsibility between a charter county and the

15         municipalities therein; amending s. 171.044,

16         F.S.; revising applicability of provisions

17         relating to annexation in charter counties;

18         providing an effective date.

19  

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

21  

22         Section 1.  Section 125.6401, Florida Statutes, is

23  created to read:

24         125.6401  Charter counties; limitations on exercise of

25  functions within municipalities.--

26         (1)  The Legislature finds that the citizens of this

27  state vote voluntarily to create municipalities specifically

28  to serve the unique needs of the citizens and their

29  communities. The Legislature further finds that charter

30  counties, through amendments to their charters, have

31  increasingly sought to divest municipalities of the

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    Florida Senate - 2007                                  SB 2080
    21-1506-07




 1  governmental, corporate, and proprietary powers granted to

 2  municipalities by their citizens. The Legislature concludes

 3  that the involuntary divestiture or limitation through county

 4  charter amendments of municipal authority to conduct

 5  government, perform municipal functions, and render municipal

 6  services undermines the will of the citizens who elect to

 7  incorporate. It is the intent of the Legislature that

 8  municipalities located within charter counties shall have all

 9  governmental, corporate, and proprietary powers to enable them

10  to conduct municipal government, perform municipal functions,

11  and render municipal services and to remove all county charter

12  limitations, judicially imposed or otherwise, on the exercise

13  of municipal home rule powers.

14         (2)  An amendment to the charter of a county which

15  transfers or restricts a governmental, corporate, or

16  proprietary power of a municipality located within the county

17  shall not be effective in the municipality unless the

18  amendment is approved by a vote of the electors of the

19  municipality and approved by a vote of the electors of the

20  charter county.

21         (3)  This section does not apply to interlocal

22  agreements between municipalities and counties to temporarily

23  transfer a municipality's governmental, corporate, or

24  proprietary powers to a county.

25         (4)  This section applies to Miami-Dade County and its

26  municipalities to the extent permitted by the home rule

27  charter established pursuant to s. 6(e), Art. VIII of the

28  State Constitution.

29         Section 2.  Subsection (2) of section 163.3171, Florida

30  Statutes, is amended to read:

31         163.3171  Areas of authority under this act.--

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    Florida Senate - 2007                                  SB 2080
    21-1506-07




 1         (2)  A county shall exercise authority under this act

 2  for the total unincorporated area under its jurisdiction or in

 3  such unincorporated areas as are not included in any joint

 4  agreement with municipalities established under the provisions

 5  of subsection (1). In the case of chartered counties, the

 6  county may exercise such authority over municipalities or

 7  districts within its boundaries as is provided for in its

 8  charter.

 9         Section 3.  Subsection (1) of section 163.3174, Florida

10  Statutes, is amended to read:

11         163.3174  Local planning agency.--

12         (1)  The governing body of each local government,

13  individually or in combination as provided in s. 163.3171,

14  shall designate and by ordinance establish a "local planning

15  agency," unless the agency is otherwise established by law.

16  Notwithstanding any special act to the contrary, all local

17  planning agencies or equivalent agencies that first review

18  rezoning and comprehensive plan amendments in each

19  municipality and county shall include a representative of the

20  school district appointed by the school board as a nonvoting

21  member of the local planning agency or equivalent agency to

22  attend those meetings at which the agency considers

23  comprehensive plan amendments and rezonings that would, if

24  approved, increase residential density on the property that is

25  the subject of the application. However, this subsection does

26  not prevent the governing body of the local government from

27  granting voting status to the school board member. The

28  governing body may designate itself as the local planning

29  agency pursuant to this subsection with the addition of a

30  nonvoting school board representative. The governing body

31  shall notify the state land planning agency of the

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    Florida Senate - 2007                                  SB 2080
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 1  establishment of its local planning agency. All local planning

 2  agencies shall provide opportunities for involvement by

 3  applicable community college boards, which may be accomplished

 4  by formal representation, membership on technical advisory

 5  committees, or other appropriate means. The local planning

 6  agency shall prepare the comprehensive plan or plan amendment

 7  after hearings to be held after public notice and shall make

 8  recommendations to the governing body regarding the adoption

 9  or amendment of the plan. The agency may be a local planning

10  commission, the planning department of the local government,

11  or other instrumentality, including a countywide planning

12  entity established by special act or a council of local

13  government officials created pursuant to s. 163.02, provided

14  the composition of the council is fairly representative of all

15  the governing bodies in the county or planning area; however,:

16         (a)  if a joint planning entity is in existence on the

17  effective date of this act which authorizes the governing

18  bodies to adopt and enforce a land use plan effective

19  throughout the joint planning area, that entity shall be the

20  agency for those local governments until such time as the

21  authority of the joint planning entity is modified by law.

22         (b)  In the case of chartered counties, the planning

23  responsibility between the county and the several

24  municipalities therein shall be as stipulated in the charter.

25         Section 4.  Subsection (4) of section 171.044, Florida

26  Statutes, is amended to read:

27         171.044  Voluntary annexation.--

28         (4)  The method of annexation provided by this section

29  shall be supplemental to any other procedure provided by

30  general or special law, except that this section does shall

31  not apply to municipalities in counties as defined in s.

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    Florida Senate - 2007                                  SB 2080
    21-1506-07




 1  125.011 having with charters that which provide for an

 2  exclusive method of municipal annexation.

 3         Section 5.  This act shall take effect July 1, 2007.

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 6                          SENATE SUMMARY

 7    Provides that an amendment to a county charter which
      restricts or transfers a governmental, corporate, or
 8    proprietary power of a municipality therein is not
      effective unless approved by the voters of the
 9    municipality and those of the county. Deletes provisions
      granting charter counties certain powers over the
10    municipalities therein.

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