Florida Senate - 2023                                     SB 718
       
       
        
       By Senator Yarborough
       
       
       
       
       
       4-01249-23                                             2023718__
    1                        A bill to be entitled                      
    2         An act relating to municipal boundaries; reordering
    3         and amending s. 171.031, F.S.; defining the term
    4         “feasibility study”; amending s. 171.0413, F.S.;
    5         specifying the measurement of land during annexation
    6         procedures; removing certain procedures regarding
    7         elector votes during annexation procedures; amending
    8         s. 171.042, F.S.; replacing the term “report” with
    9         “feasibility study”; amending s. 171.051, F.S.;
   10         revising contraction procedures when qualified voters
   11         desire to be excluded from municipal boundaries;
   12         prohibiting contraction under certain circumstances;
   13         amending s. 171.204, F.S.; conforming a cross
   14         reference; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 171.031, Florida Statutes, is reordered
   19  and amended to read:
   20         171.031 Definitions.—As used in this chapter, the following
   21  words and terms have the following meanings unless some other
   22  meaning is plainly indicated:
   23         (1) “Annexation” means the adding of real property to the
   24  boundaries of an incorporated municipality, such addition making
   25  such real property in every way a part of the municipality.
   26         (4)(2) “Contraction” means the reversion of real property
   27  within municipal boundaries to an unincorporated status.
   28         (7)(3) “Municipality” means a municipality created pursuant
   29  to general or special law authorized or recognized pursuant to
   30  s. 2 or s. 6, Art. VIII of the State Constitution.
   31         (8)(4) “Newspaper of general circulation” means a newspaper
   32  printed in the language most commonly spoken in the area within
   33  which it circulates, which is readily available for purchase by
   34  all inhabitants in its area of circulation, but does not include
   35  a newspaper intended primarily for members of a particular
   36  professional or occupational group, a newspaper whose primary
   37  function is to carry legal notices, or a newspaper that is given
   38  away primarily to distribute advertising.
   39         (9)(5) “Parties affected” means any persons or firms owning
   40  property in, or residing in, either a municipality proposing
   41  annexation or contraction or owning property that is proposed
   42  for annexation to a municipality or any governmental unit with
   43  jurisdiction over such area.
   44         (6) Feasibility study” means an analysis conducted by
   45  qualified staff or consultants of the economic, market,
   46  technical, financial, and management feasibility of the proposed
   47  annexation or contraction, as applicable.
   48         (10) “Qualified voter” means any person registered to vote
   49  in accordance with law.
   50         (11)(7) “Sufficiency of petition” means the verification of
   51  the signatures and addresses of all signers of a petition with
   52  the voting list maintained by the county supervisor of elections
   53  and certification that the number of valid signatures represents
   54  the required percentage of the total number of qualified voters
   55  in the area affected by a proposed annexation.
   56         (12)(8) “Urban in character” means an area used intensively
   57  for residential, urban recreational or conservation parklands,
   58  commercial, industrial, institutional, or governmental purposes
   59  or an area undergoing development for any of these purposes.
   60         (14)(9) “Urban services” means any services offered by a
   61  municipality, either directly or by contract, to any of its
   62  present residents.
   63         (13)(10) “Urban purposes” means that land is used
   64  intensively for residential, commercial, industrial,
   65  institutional, and governmental purposes, including any parcels
   66  of land retained in their natural state or kept free of
   67  development as dedicated greenbelt areas.
   68         (3)(11) “Contiguous” means that a substantial part of a
   69  boundary of the territory sought to be annexed by a municipality
   70  is coterminous with a part of the boundary of the municipality.
   71  The separation of the territory sought to be annexed from the
   72  annexing municipality by a publicly owned county park; a right
   73  of-way for a highway, road, railroad, canal, or utility; or a
   74  body of water, watercourse, or other minor geographical division
   75  of a similar nature, running parallel with and between the
   76  territory sought to be annexed and the annexing municipality,
   77  may shall not prevent annexation under this act, provided the
   78  presence of such a division does not, as a practical matter,
   79  prevent the territory sought to be annexed and the annexing
   80  municipality from becoming a unified whole with respect to
   81  municipal services or prevent their inhabitants from fully
   82  associating and trading with each other, socially and
   83  economically. However, nothing in this subsection may herein
   84  shall be construed to allow local rights-of-way, utility
   85  easements, railroad rights-of-way, or like entities to be
   86  annexed in a corridor fashion to gain contiguity; and when any
   87  provision or provisions of any special law prohibits or laws
   88  prohibit the annexation of territory that is separated from the
   89  annexing municipality by a body of water or watercourse, then
   90  that law shall prevent annexation under this act.
   91         (2)(12) “Compactness” means concentration of a piece of
   92  property in a single area and precludes any action which would
   93  create enclaves, pockets, or finger areas in serpentine
   94  patterns. Any annexation proceeding in any county in this the
   95  state must shall be designed in such a manner as to ensure that
   96  the area will be reasonably compact.
   97         (5)(13) “Enclave” means:
   98         (a) Any unincorporated improved or developed area that is
   99  enclosed within and bounded on all sides by a single
  100  municipality; or
  101         (b) Any unincorporated improved or developed area that is
  102  enclosed within and bounded by a single municipality and a
  103  natural or manmade obstacle that allows the passage of vehicular
  104  traffic to that unincorporated area only through the
  105  municipality.
  106         Section 2. Subsections (5) and (6) of section 171.0413,
  107  Florida Statutes, are amended to read:
  108         171.0413 Annexation procedures.—Any municipality may annex
  109  contiguous, compact, unincorporated territory in the following
  110  manner:
  111         (5) If more than 70 percent of the acres of land in an area
  112  proposed to be annexed is owned by individuals, corporations, or
  113  legal entities which are not registered electors of such area,
  114  such area may shall not be annexed unless the owners of more
  115  than 50 percent of the acres of land in such area consent to
  116  such annexation. Such consent must shall be obtained by the
  117  parties proposing the annexation before prior to the referendum
  118  to be held on the annexation.
  119         (6) Notwithstanding subsections (1) and (2), if the area
  120  proposed to be annexed does not have any registered electors on
  121  the date the ordinance is finally adopted, a vote of electors of
  122  the area proposed to be annexed is not required. In addition to
  123  the requirements of subsection (5), the area may not be annexed
  124  unless the owners of more than 50 percent of the parcels of land
  125  in the area proposed to be annexed consent to the annexation. If
  126  the governing body does not choose to hold a referendum of the
  127  annexing municipality pursuant to subsection (2), then the
  128  property owner consents required pursuant to subsection (5)
  129  shall be obtained by the parties proposing the annexation prior
  130  to the final adoption of the ordinance, and the annexation
  131  ordinance shall be effective upon becoming a law or as otherwise
  132  provided in the ordinance.
  133         Section 3. Subsections (1) and (2) of section 171.042,
  134  Florida Statutes, are amended to read:
  135         171.042 Prerequisites to annexation.—
  136         (1) Before Prior to commencing the annexation procedures
  137  under s. 171.0413, the governing body of the municipality shall
  138  prepare a feasibility study report setting forth the plans to
  139  provide urban services to any area to be annexed, and the
  140  feasibility study must report shall include the following:
  141         (a) A map or maps of the municipality and adjacent
  142  territory showing the present and proposed municipal boundaries,
  143  the present major trunk water mains and sewer interceptors and
  144  outfalls, the proposed extensions of such mains and outfalls, as
  145  required in paragraph (c), and the general land use pattern in
  146  the area to be annexed.
  147         (b) A statement certifying that the area to be annexed
  148  meets the criteria in s. 171.043.
  149         (c) A statement setting forth the plans of the municipality
  150  for extending to the area to be annexed each major municipal
  151  service performed within the municipality at the time of
  152  annexation. Specifically, such plans must shall:
  153         1. Provide for extending urban services except as otherwise
  154  provided in this subsection herein to the area to be annexed on
  155  the date of annexation on substantially the same basis and in
  156  the same manner as such services are provided within the rest of
  157  the municipality before prior to annexation.
  158         2. Provide for the extension of existing municipal water
  159  and sewer services into the area to be annexed so that, when
  160  such services are provided, property owners in the area to be
  161  annexed will be able to secure public water and sewer service
  162  according to the policies in effect in such municipality for
  163  extending water and sewer lines to individual lots or
  164  subdivisions.
  165         3. If extension of major trunk water mains and sewer mains
  166  into the area to be annexed is necessary, set forth a proposed
  167  timetable for construction of such mains as soon as possible
  168  following the effective date of annexation.
  169         4. Set forth the method under which the municipality plans
  170  to finance extension of services into the area to be annexed.
  171         (2) Not fewer than 15 days before prior to commencing the
  172  annexation procedures under s. 171.0413, the governing body of
  173  the municipality shall file a copy of the feasibility study
  174  report required by this section with the board of county
  175  commissioners of the county in which wherein the municipality is
  176  located. Failure to timely file the feasibility study report as
  177  required in this subsection may be the basis for a cause of
  178  action to invalidate invalidating the annexation.
  179         Section 4. Subsections (2) and (4) of section 171.051,
  180  Florida Statutes, are amended, and subsection (11) is added to
  181  that section, to read:
  182         171.051 Contraction procedures.—Any municipality may
  183  initiate the contraction of municipal boundaries in the
  184  following manner:
  185         (2) A petition of 15 percent of the qualified voters in an
  186  area desiring to be excluded from the municipal boundaries,
  187  filed with the clerk of the municipal governing body, may
  188  propose such an ordinance. The municipality to which such
  189  petition is directed shall immediately undertake a feasibility
  190  study of the feasibility of such proposal and the governing body
  191  shall, within 6 months, evaluate the feasibility study of such
  192  proposal and either initiate proceedings under subsection (1) by
  193  introducing a contraction ordinance or reject the petition as a
  194  legislative decision, specifically stating the facts upon which
  195  the rejection is based.
  196         (4) If, at the meeting held for the such purpose of
  197  considering the contraction ordinance introduced by the
  198  governing body, a petition is filed and signed by at least 15
  199  percent of the qualified voters resident in the area proposed
  200  for contraction requesting a referendum on the question, the
  201  governing body shall, upon verification, paid for by the
  202  municipality, of the sufficiency of the petition, and before
  203  passing such ordinance, submit the question of contraction to a
  204  vote of the qualified voters of the area proposed for
  205  contraction, or the governing body may vote not to contract the
  206  municipal boundaries.
  207         (11)If more than 70 percent of the acres of land in an
  208  area proposed to be contracted is owned by individuals,
  209  corporations, or legal entities that are not registered electors
  210  of such area, such area may not be contracted unless the owners
  211  of more than 50 percent of the acres of land in such area
  212  consent to such contraction.
  213         Section 5. Section 171.204, Florida Statutes, is amended to
  214  read:
  215         171.204 Prerequisites to annexation under this part.—The
  216  interlocal service boundary agreement may describe the character
  217  of land that may be annexed under this part and may provide that
  218  the restrictions on the character of land that may be annexed
  219  pursuant to part I are not restrictions on land that may be
  220  annexed pursuant to this part. As determined in the interlocal
  221  service boundary agreement, any character of land may be
  222  annexed, including, but not limited to, an annexation of land
  223  not contiguous to the boundaries of the annexing municipality,
  224  an annexation that creates an enclave, or an annexation where
  225  the annexed area is not reasonably compact; however, such area
  226  must be “urban in character” as defined in s. 171.031 s.
  227  171.031(8). The interlocal service boundary agreement may not
  228  allow for annexation of land within a municipality that is not a
  229  party to the agreement or of land that is within another county.
  230  Before annexation of land that is not contiguous to the
  231  boundaries of the annexing municipality, an annexation that
  232  creates an enclave, or an annexation of land that is not
  233  currently served by water or sewer utilities, one of the
  234  following options must be followed:
  235         (1) The municipality shall transmit a comprehensive plan
  236  amendment that proposes specific amendments relating to the
  237  property anticipated for annexation to the Department of
  238  Economic Opportunity for review under chapter 163. After
  239  considering the department’s review, the municipality may
  240  approve the annexation and comprehensive plan amendment
  241  concurrently. The local government must adopt the annexation and
  242  the comprehensive plan amendment as separate and distinct
  243  actions but may take such actions at a single public hearing; or
  244         (2) A municipality and county shall enter into a joint
  245  planning agreement under s. 163.3171, which is adopted into the
  246  municipal comprehensive plan. The joint planning agreement must
  247  identify the geographic areas anticipated for annexation, the
  248  future land uses that the municipality would seek to establish,
  249  necessary public facilities and services, including
  250  transportation and school facilities and how they will be
  251  provided, and natural resources, including surface water and
  252  groundwater resources, and how they will be protected. An
  253  amendment to the future land use map of a comprehensive plan
  254  which is consistent with the joint planning agreement must be
  255  considered a small scale amendment.
  256         Section 6. This act shall take effect July 1, 2023.