Florida Senate - 2012                                     SB 692
       
       
       
       By Senator Bennett
       
       
       
       
       21-00688-12                                            2012692__
    1                        A bill to be entitled                      
    2         An act relating to municipalities; reordering and
    3         amending s. 165.031, F.S.; deleting unused terms;
    4         amending s. 165.041, F.S.; revising the date that a
    5         feasibility study on a proposed incorporation of a
    6         municipality must be submitted to the Legislature;
    7         amending ss. 163.340 and 257.171, F.S.; conforming
    8         cross-references; providing an effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 165.031, Florida Statutes, is reordered
   13  and amended to read:
   14         165.031 Definitions.—As The following terms and phrases,
   15  when used in this chapter, the term shall have the meanings
   16  ascribed to them in this section, except where the context
   17  clearly indicates a different meaning:
   18         (1) “Unit of local government” means any local general
   19  purpose government.
   20         (2) “Local general-purpose government” means a county,
   21  municipality, or consolidated city-county government.
   22         (1)(3) “County” means a political subdivision of the state
   23  established pursuant to s. 1, Art. VIII of the State
   24  Constitution.
   25         (3)(4) “Municipality” means a municipality created pursuant
   26  to general or special law, authorized or recognized pursuant to
   27  s. 2 or s. 6, Art. VIII of the State Constitution.
   28         (5) “Special district” means a local unit of special
   29  government, as defined in s. 189.403(1). This term includes
   30  dependent special districts, as defined in s. 189.403(2), and
   31  independent special districts, also as defined in s. 189.403(3).
   32  All provisions of s. 200.001(8)(d) and (e) are shall be
   33  considered provisions of this chapter.
   34         (2)(6) “Formation” means any one of the following
   35  activities:
   36         (a) “Incorporation”—The establishment of a municipality.
   37         (b) “Dissolution”—The dissolving of the corporate status of
   38  a municipality.
   39         (c) “Merger”—The merging of two or more municipalities with
   40  each other and with any unincorporated areas authorized pursuant
   41  to this chapter act to form a new municipality; the merging of
   42  one or more municipalities or special districts, in any
   43  combination thereof, with each other; or the merging of one or
   44  more counties with one or more special districts.
   45         (7) “Service delivery” means any mechanism used by a unit
   46  of local government to provide governmental services.
   47         (4)(8) “Newspaper of general circulation” means a newspaper
   48  printed in the language most commonly spoken in the area within
   49  which it circulates, which is readily available for purchase by
   50  all inhabitants in its area of circulation. The term, but does
   51  not include a newspaper intended primarily for members of a
   52  particular professional or occupational group, a newspaper the
   53  primary function of which is to carry legal notices, or a
   54  newspaper that is given away primarily to distribute
   55  advertising.
   56         (9) “Parties affected” means any person owning property or
   57  residing in a municipality proposing a formation or in the
   58  territory that is proposed for a formation or any governmental
   59  unit with jurisdiction over such area.
   60         (10) “Qualified voter” means any person registered to vote
   61  in accordance with law.
   62         (11) “Sufficiency of petition” means the verification of
   63  the signatures and addresses of all signers of a petition with
   64  the voting list maintained by the county supervisor of elections
   65  and certification that the number of valid signatures represents
   66  the required percentage of the total number of qualified voters
   67  in the area affected by a proposal pursuant to this chapter.
   68         Section 2. Paragraph (b) of subsection (1) of section
   69  165.041, Florida Statutes, is amended to read:
   70         165.041 Incorporation; merger.—
   71         (1)
   72         (b) To inform the Legislature on the feasibility of a
   73  proposed incorporation of a municipality, a feasibility study
   74  must shall be completed and submitted to the Legislature by the
   75  first Monday after the September 1 immediately preceding 90 days
   76  before the first day of the regular session of the Legislature
   77  during which the municipal charter would be enacted. The
   78  feasibility study must shall contain the following:
   79         1. The general location of territory subject to boundary
   80  change and a map of the area which identifies the proposed
   81  change.
   82         2. The major reasons for proposing the boundary change.
   83         3. The following characteristics of the area:
   84         a. A list of the current land use designations applied to
   85  the subject area in the county comprehensive plan.
   86         b. A list of the current county zoning designations applied
   87  to the subject area.
   88         c. A general statement of present land use characteristics
   89  of the area.
   90         d. A description of development being proposed for the
   91  territory, if any, and a statement of when actual development is
   92  expected to begin, if known.
   93         4. A list of all public agencies, such as local
   94  governments, school districts, and special districts, whose
   95  current boundary falls within the boundary of the territory
   96  proposed for the change or reorganization.
   97         5. A list of current services being provided within the
   98  proposed incorporation area, including, but not limited to,
   99  water, sewer, solid waste, transportation, public works, law
  100  enforcement, fire and rescue, zoning, street lighting, parks and
  101  recreation, and library and cultural facilities, and the
  102  estimated costs for each current service.
  103         6. A list of proposed services to be provided within the
  104  proposed incorporation area, and the estimated cost of such
  105  proposed services.
  106         7. The names and addresses of three officers or persons
  107  submitting the proposal.
  108         8. Evidence of fiscal capacity and an organizational plan
  109  as it relates to the area seeking incorporation that, at a
  110  minimum, includes:
  111         a. Existing tax bases, including ad valorem taxable value,
  112  utility taxes, sales and use taxes, franchise taxes, license and
  113  permit fees, charges for services, fines and forfeitures, and
  114  other revenue sources, as appropriate.
  115         b. A 5-year operational plan that, at a minimum, includes
  116  proposed staffing, building acquisition and construction, debt
  117  issuance, and budgets.
  118         9. Data and analysis to support the conclusions that
  119  incorporation is necessary and financially feasible, including
  120  population projections and population density calculations, and
  121  an explanation concerning methodologies used for such analysis.
  122         10. Evaluation of the alternatives available to the area to
  123  address its policy concerns.
  124         11. Evidence that the proposed municipality meets the
  125  requirements for incorporation under pursuant to s. 165.061.
  126         Section 3. Subsection (2) of section 163.340, Florida
  127  Statutes, is amended to read:
  128         163.340 Definitions.—The following terms, wherever used or
  129  referred to in this part, have the following meanings:
  130         (2) “Public body” means the state or any county,
  131  municipality, authority, special district as defined in s.
  132  165.031(5), or other public body of the state, except a school
  133  district.
  134         Section 4. Section 257.171, Florida Statutes, is amended to
  135  read:
  136         257.171 Multicounty libraries.—Units of general-purpose
  137  local government, as defined in s. 165.031(1), may establish a
  138  multicounty library. The Division of Library and Information
  139  Services may establish operating standards and rules under which
  140  a multicounty library is eligible to receive state moneys. For a
  141  multicounty library, a local government may pay moneys in
  142  advance in lump sum from its public funds for the provision of
  143  library services only.
  144         Section 5. This act shall take effect July 1, 2012.