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