HB 791

1
A bill to be entitled
2An act relating to municipalities in charter counties;
3creating s. 163.3172, F.S.; providing legislative
4findings; prohibiting effect of certain charter amendments
5within municipalities unless approved by municipal and
6charter county electors; providing an exception for
7certain interlocal agreements; providing applicability;
8amending s. 163.3171, F.S.; eliminating the authority of
9chartered counties over municipalities and districts
10within the county for comprehensive planning and land
11development regulation; amending s. 163.3174, F.S.;
12eliminating the authority of chartered counties to
13determine local planning responsibility between counties
14and municipalities; amending s. 171.044, F.S.; limiting
15applicability with respect to voluntary annexation;
16providing an effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Section 163.3172, Florida Statutes, is created
21to read:
22     163.3172  Municipalities in charter counties; county
23authority limitations.--
24     (1)  The Legislature finds that citizens vote voluntarily
25to create municipalities specifically to serve the unique needs
26of the citizens and their communities. The Legislature further
27finds that charter counties, through amendments to their
28charters, have increasingly sought to divest municipalities of
29the governmental, corporate, and proprietary powers granted to
30municipalities by their citizens. The Legislature concludes the
31involuntary divestiture or limitation through county charter
32amendments of municipal authority to conduct municipal
33government, perform municipal functions, and render municipal
34services undermines the will of citizens who elect to
35incorporate. It is the intent of the Legislature that
36municipalities located within charter counties shall have all
37governmental, corporate, and proprietary powers to enable them
38to conduct municipal government, perform municipal functions,
39and render municipal services, and to remove all county charter
40limitations, judicially imposed or otherwise, on the exercise of
41municipal home rule powers.
42     (2)  An amendment to the charter of a county that transfers
43or restricts a governmental, corporate, or proprietary power of
44a municipality located within the county shall not be effective
45in the municipality unless the amendment is approved by a vote
46of the electors of the municipality and approved by a vote of
47the electors of the charter county.
48     (3)  This section shall not apply to interlocal agreements
49between municipalities and counties to temporarily transfer a
50municipality's governmental, corporate, or proprietary power to
51a county.
52     (4)  The requirements of this section shall apply to Miami-
53Dade County and its municipalities to the extent permitted by
54the home rule charter established pursuant to s. 6(e), Art. VIII
55of the State Constitution.
56     Section 2.  Subsection (2) of section 163.3171, Florida
57Statutes, is amended to read:
58     163.3171  Areas of authority under this act.--
59     (2)  A county shall exercise authority under this act for
60the total unincorporated area under its jurisdiction or in such
61unincorporated areas as are not included in any joint agreement
62with municipalities established under the provisions of
63subsection (1). In the case of chartered counties, the county
64may exercise such authority over municipalities or districts
65within its boundaries as is provided for in its charter.
66     Section 3.  Subsection (1) of section 163.3174, Florida
67Statutes, is amended to read:
68     163.3174  Local planning agency.--
69     (1)  The governing body of each local government,
70individually or in combination as provided in s. 163.3171, shall
71designate and by ordinance establish a "local planning agency,"
72unless the agency is otherwise established by law.
73Notwithstanding any special act to the contrary, all local
74planning agencies or equivalent agencies that first review
75rezoning and comprehensive plan amendments in each municipality
76and county shall include a representative of the school district
77appointed by the school board as a nonvoting member of the local
78planning agency or equivalent agency to attend those meetings at
79which the agency considers comprehensive plan amendments and
80rezonings that would, if approved, increase residential density
81on the property that is the subject of the application. However,
82this subsection does not prevent the governing body of the local
83government from granting voting status to the school board
84member. The governing body may designate itself as the local
85planning agency pursuant to this subsection with the addition of
86a nonvoting school board representative. The governing body
87shall notify the state land planning agency of the establishment
88of its local planning agency. All local planning agencies shall
89provide opportunities for involvement by applicable community
90college boards, which may be accomplished by formal
91representation, membership on technical advisory committees, or
92other appropriate means. The local planning agency shall prepare
93the comprehensive plan or plan amendment after hearings to be
94held after public notice and shall make recommendations to the
95governing body regarding the adoption or amendment of the plan.
96The agency may be a local planning commission, the planning
97department of the local government, or other instrumentality,
98including a countywide planning entity established by special
99act or a council of local government officials created pursuant
100to s. 163.02, provided the composition of the council is fairly
101representative of all the governing bodies in the county or
102planning area; however,:
103     (a)  if a joint planning entity is in existence on the
104effective date of this act which authorizes the governing bodies
105to adopt and enforce a land use plan effective throughout the
106joint planning area, that entity shall be the agency for those
107local governments until such time as the authority of the joint
108planning entity is modified by law.
109     (b)  In the case of chartered counties, the planning
110responsibility between the county and the several municipalities
111therein shall be as stipulated in the charter.
112     Section 4.  Subsection (4) of section 171.044, Florida
113Statutes, is amended to read:
114     171.044  Voluntary annexation.--
115     (4)  The method of annexation provided by this section
116shall be supplemental to any other procedure provided by general
117or special law, except that this section shall not apply to
118municipalities in counties, as defined in s. 125.011, with
119charters that which provide for an exclusive method of municipal
120annexation.
121     Section 5.  This act shall take effect July 1, 2007.


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