HB 379

1	A bill to be entitled
2	An act relating to small municipalities; amending s.
3	163.3164, F.S.; defining the term "municipality of special
4	financial concern"; amending s. 163.3177, F.S.; requiring
5	the state land planning agency to grant a waiver from
6	requirements relating to updating the capital improvements
7	element of the comprehensive plan and amendments updating
8	the regional water supply plan to certain municipal
9	applicants who meet specified criteria; amending s.
10	163.3191, F.S.; requiring the state land planning agency
11	to grant a waiver of requirements to certain municipal
12	applicants who meet specified criteria; amending s.
13	218.39, F.S.; revising the amount of municipal revenues or
14	expenditures and expenses that require a municipality to
15	complete a financial audit of its accounts and records;
16	providing an effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  Subsection (35) is added to section 163.3164,
21	Florida Statutes, to read:
22	163.3164  Local Government Comprehensive Planning and Land
23	Development Regulation Act; definitions.-As used in this act:
24	(35)  "Municipality of special financial concern" means:
25	(a)  Any municipality of special financial concern, as
26	defined in s. 200.185(1)(b), with a per capita taxable value of
27	assessed property of $58,000 or less; or
28	(b)  Any municipality that has a population under 20,000
29	with a per capita taxable value of assessed property of $46,000
30	or less.
31	Section 2.  Subsection (16) is added to section 163.3177,
32	Florida Statutes, to read:
33	163.3177  Required and optional elements of comprehensive
34	plan; studies and surveys.-
35	(16)(a)  A municipality of special financial concern or
36	with annual revenues or expenditures of less than $1 million may
37	apply to the state land planning agency for a waiver from the
38	updating requirements of subsection (3) applicable to the
39	existing capital improvements element and schedule, and the
40	agency must grant the waiver upon finding that the municipality
41	has acknowledged in the application that it recognizes that any
42	future amendments to the comprehensive plan require a
43	determination of any necessary capital improvements and that the
44	municipality meets one or more of the following criteria:
45	1.  There is vacant property equaling 15 percent or less of
46	the total land area of the municipality or a total of 25 acres;
47	2.  There are no scheduled capital improvements; or
48	3.  The municipality has not experienced one or more of the
49	following:
50	a.  Annexation activity within the last year.
51	b.  New development since the last update of the capital
52	improvements element and schedule.
53	c.  Change to its comprehensive plan since the last review
54	of the capital improvements element.
55	(b)  A municipality of special financial concern or with
56	annual revenues or expenditures of less than $1 million may
57	apply to the state land planning agency for a waiver from the
58	requirements of this section applicable to amendments to update
59	the regional water supply plan, and the agency must grant the
60	waiver upon finding that the municipality has acknowledged in
61	the application that it recognizes that any future amendments to
62	the comprehensive plan require a determination of any necessary
63	capital improvements and that the municipality has demonstrated
64	no significant impact by meeting one or more of the following
65	criteria:
66	1.  There is vacant property equaling 15 percent or less of
67	the total land area of the municipality or a total of 25 acres;
68	2.  There are no scheduled capital improvements; or
69	3.  The municipality did not experience one or more of the
70	following:
71	a.  Annexation activity within the last year.
72	b.  New development since the last update of the capital
73	improvements element and schedule.
74	c.  Change to its comprehensive plan since the last review
75	of the capital improvements element.
76	Section 3.  Subsection (15) is added to section 163.3191,
77	Florida Statutes, to read:
78	163.3191  Evaluation and appraisal of comprehensive plan.-
79	(15)  A municipality of special financial concern or with
80	annual revenues or expenditures of less than $1 million may
81	apply to the state land planning agency for a waiver of the
82	scoping meeting requirement of subsection (3) or other
83	requirements of this section, and the agency must grant the
84	waiver upon finding that the municipality has acknowledged in
85	the application that it recognizes that any future amendments to
86	the comprehensive plan require a determination of any necessary
87	capital improvements and that the municipality meets one or more
88	of the following criteria:
89	(a)  There is vacant property equaling 15 percent or less
90	of the total land area of the municipality or a total of 25
91	acres;
92	(b)  There are no scheduled capital improvements; or
93	(c)  Has not experienced one or more of the following:
94	1.  Annexation activity within the last year.
95	2.  New development since the last update of the capital
96	improvements element and schedule.
97	3.  Change to its comprehensive plan since the last review
98	of the capital improvements element.
99	Section 4.  Paragraphs (b) and (g) of subsection (1) of
100	section 218.39, Florida Statutes, are amended to read:
101	218.39  Annual financial audit reports.-
102	(1)  If, by the first day in any fiscal year, a local
103	governmental entity, district school board, charter school, or
104	charter technical career center has not been notified that a
105	financial audit for that fiscal year will be performed by the
106	Auditor General, each of the following entities shall have an
107	annual financial audit of its accounts and records completed
108	within 12 months after the end of its fiscal year by an
109	independent certified public accountant retained by it and paid
110	from its public funds:
111	(b)  Any municipality with revenues or the total of
112	expenditures and expenses of $1 million or more in excess of
113	$250,000.
114	(g)  Each municipality with revenues or the total of
115	expenditures and expenses less than $1 million between $100,000
116	and $250,000 that has not been subject to a financial audit
117	pursuant to this subsection for the 2 preceding fiscal years.
118	Section 5.  This act shall take effect July 1, 2011.

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