Florida Senate - 2023                              CS for SB 718
       
       
        
       By the Committee on Community Affairs; and Senator Yarborough
       
       
       
       
       
       578-02925-23                                           2023718c1
    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; amending s. 171.042, F.S.; replacing the
    7         term “report” with “feasibility study”; amending s.
    8         171.051, F.S.; revising contraction procedures when
    9         qualified voters desire to be excluded from municipal
   10         boundaries; prohibiting contraction under certain
   11         circumstances; amending s. 171.204, F.S.; conforming a
   12         cross-reference; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 171.031, Florida Statutes, is reordered
   17  and amended to read:
   18         171.031 Definitions.—As used in this chapter, the following
   19  words and terms have the following meanings unless some other
   20  meaning is plainly indicated:
   21         (1) “Annexation” means the adding of real property to the
   22  boundaries of an incorporated municipality, such addition making
   23  such real property in every way a part of the municipality.
   24         (4)(2) “Contraction” means the reversion of real property
   25  within municipal boundaries to an unincorporated status.
   26         (7)(3) “Municipality” means a municipality created pursuant
   27  to general or special law authorized or recognized pursuant to
   28  s. 2 or s. 6, Art. VIII of the State Constitution.
   29         (8)(4) “Newspaper of general circulation” means a newspaper
   30  printed in the language most commonly spoken in the area within
   31  which it circulates, which is readily available for purchase by
   32  all inhabitants in its area of circulation, but does not include
   33  a newspaper intended primarily for members of a particular
   34  professional or occupational group, a newspaper whose primary
   35  function is to carry legal notices, or a newspaper that is given
   36  away primarily to distribute advertising.
   37         (9)(5) “Parties affected” means any persons or firms owning
   38  property in, or residing in, either a municipality proposing
   39  annexation or contraction or owning property that is proposed
   40  for annexation to a municipality or any governmental unit with
   41  jurisdiction over such area.
   42         (6) Feasibility study” means an analysis conducted by
   43  qualified staff or consultants of the economic, market,
   44  technical, financial, and management feasibility of the proposed
   45  annexation or contraction, as applicable.
   46         (10) “Qualified voter” means any person registered to vote
   47  in accordance with law.
   48         (11)(7) “Sufficiency of petition” means the verification of
   49  the signatures and addresses of all signers of a petition with
   50  the voting list maintained by the county supervisor of elections
   51  and certification that the number of valid signatures represents
   52  the required percentage of the total number of qualified voters
   53  in the area affected by a proposed annexation.
   54         (12)(8) “Urban in character” means an area used intensively
   55  for residential, urban recreational or conservation parklands,
   56  commercial, industrial, institutional, or governmental purposes
   57  or an area undergoing development for any of these purposes.
   58         (14)(9) “Urban services” means any services offered by a
   59  municipality, either directly or by contract, to any of its
   60  present residents.
   61         (13)(10) “Urban purposes” means that land is used
   62  intensively for residential, commercial, industrial,
   63  institutional, and governmental purposes, including any parcels
   64  of land retained in their natural state or kept free of
   65  development as dedicated greenbelt areas.
   66         (3)(11) “Contiguous” means that a substantial part of a
   67  boundary of the territory sought to be annexed by a municipality
   68  is coterminous with a part of the boundary of the municipality.
   69  The separation of the territory sought to be annexed from the
   70  annexing municipality by a publicly owned county park; a right
   71  of-way for a highway, road, railroad, canal, or utility; or a
   72  body of water, watercourse, or other minor geographical division
   73  of a similar nature, running parallel with and between the
   74  territory sought to be annexed and the annexing municipality,
   75  may shall not prevent annexation under this act, provided the
   76  presence of such a division does not, as a practical matter,
   77  prevent the territory sought to be annexed and the annexing
   78  municipality from becoming a unified whole with respect to
   79  municipal services or prevent their inhabitants from fully
   80  associating and trading with each other, socially and
   81  economically. However, nothing in this subsection may herein
   82  shall be construed to allow local rights-of-way, utility
   83  easements, railroad rights-of-way, or like entities to be
   84  annexed in a corridor fashion to gain contiguity; and when any
   85  provision or provisions of any special law prohibits or laws
   86  prohibit the annexation of territory that is separated from the
   87  annexing municipality by a body of water or watercourse, then
   88  that law shall prevent annexation under this act.
   89         (2)(12) “Compactness” means concentration of a piece of
   90  property in a single area and precludes any action which would
   91  create enclaves, pockets, or finger areas in serpentine
   92  patterns. Any annexation proceeding in any county in this the
   93  state must shall be designed in such a manner as to ensure that
   94  the area will be reasonably compact.
   95         (5)(13) “Enclave” means:
   96         (a) Any unincorporated improved or developed area that is
   97  enclosed within and bounded on all sides by a single
   98  municipality; or
   99         (b) Any unincorporated improved or developed area that is
  100  enclosed within and bounded by a single municipality and a
  101  natural or manmade obstacle that allows the passage of vehicular
  102  traffic to that unincorporated area only through the
  103  municipality.
  104         Section 2. Subsection (5) of section 171.0413, Florida
  105  Statutes, is amended to read:
  106         171.0413 Annexation procedures.—Any municipality may annex
  107  contiguous, compact, unincorporated territory in the following
  108  manner:
  109         (5) If more than 70 percent of the acres of land in an area
  110  proposed to be annexed is owned by individuals, corporations, or
  111  legal entities which are not registered electors of such area,
  112  such area may shall not be annexed unless the owners of more
  113  than 50 percent of the acres of land in such area consent to
  114  such annexation. Such consent must shall be obtained by the
  115  parties proposing the annexation before prior to the referendum
  116  to be held on the annexation.
  117         Section 3. Subsections (1) and (2) of section 171.042,
  118  Florida Statutes, are amended to read:
  119         171.042 Prerequisites to annexation.—
  120         (1) Before Prior to commencing the annexation procedures
  121  under s. 171.0413, the governing body of the municipality shall
  122  prepare a feasibility study report setting forth the plans to
  123  provide urban services to any area to be annexed, and the
  124  feasibility study must report shall include the following:
  125         (a) A map or maps of the municipality and adjacent
  126  territory showing the present and proposed municipal boundaries,
  127  the present major trunk water mains and sewer interceptors and
  128  outfalls, the proposed extensions of such mains and outfalls, as
  129  required in paragraph (c), and the general land use pattern in
  130  the area to be annexed.
  131         (b) A statement certifying that the area to be annexed
  132  meets the criteria in s. 171.043.
  133         (c) A statement setting forth the plans of the municipality
  134  for extending to the area to be annexed each major municipal
  135  service performed within the municipality at the time of
  136  annexation. Specifically, such plans must shall:
  137         1. Provide for extending urban services except as otherwise
  138  provided in this subsection herein to the area to be annexed on
  139  the date of annexation on substantially the same basis and in
  140  the same manner as such services are provided within the rest of
  141  the municipality before prior to annexation.
  142         2. Provide for the extension of existing municipal water
  143  and sewer services into the area to be annexed so that, when
  144  such services are provided, property owners in the area to be
  145  annexed will be able to secure public water and sewer service
  146  according to the policies in effect in such municipality for
  147  extending water and sewer lines to individual lots or
  148  subdivisions.
  149         3. If extension of major trunk water mains and sewer mains
  150  into the area to be annexed is necessary, set forth a proposed
  151  timetable for construction of such mains as soon as possible
  152  following the effective date of annexation.
  153         4. Set forth the method under which the municipality plans
  154  to finance extension of services into the area to be annexed.
  155         (2) Not fewer than 15 days before prior to commencing the
  156  annexation procedures under s. 171.0413, the governing body of
  157  the municipality shall file a copy of the feasibility study
  158  report required by this section with the board of county
  159  commissioners of the county in which wherein the municipality is
  160  located. Failure to timely file the feasibility study report as
  161  required in this subsection may be the basis for a cause of
  162  action to invalidate invalidating the annexation.
  163         Section 4. Subsections (2) and (4) of section 171.051,
  164  Florida Statutes, are amended, and subsection (11) is added to
  165  that section, to read:
  166         171.051 Contraction procedures.—Any municipality may
  167  initiate the contraction of municipal boundaries in the
  168  following manner:
  169         (2) A petition of 15 percent of the qualified voters in an
  170  area desiring to be excluded from the municipal boundaries,
  171  filed with the clerk of the municipal governing body, may
  172  propose such an ordinance. The municipality to which such
  173  petition is directed shall immediately undertake a feasibility
  174  study of the feasibility of such proposal and the governing body
  175  shall, within 6 months, evaluate the feasibility study of such
  176  proposal and either initiate proceedings under subsection (1) by
  177  introducing a contraction ordinance or reject the petition as a
  178  legislative decision, specifically stating the facts upon which
  179  the rejection is based.
  180         (4) If, at the meeting held for the such purpose of
  181  considering the contraction ordinance introduced by the
  182  governing body, a petition is filed and signed by at least 15
  183  percent of the qualified voters resident in the area proposed
  184  for contraction requesting a referendum on the question, the
  185  governing body shall, upon verification, paid for by the
  186  municipality, of the sufficiency of the petition, and before
  187  passing such ordinance, submit the question of contraction to a
  188  vote of the qualified voters of the area proposed for
  189  contraction, or the governing body may vote not to contract the
  190  municipal boundaries.
  191         (11)If more than 70 percent of the acres of land in an
  192  area proposed to be contracted is owned by individuals,
  193  corporations, or legal entities that are not registered electors
  194  of such area, such area may not be contracted unless the owners
  195  of more than 50 percent of the acres of land in such area
  196  consent to such contraction.
  197         Section 5. Section 171.204, Florida Statutes, is amended to
  198  read:
  199         171.204 Prerequisites to annexation under this part.—The
  200  interlocal service boundary agreement may describe the character
  201  of land that may be annexed under this part and may provide that
  202  the restrictions on the character of land that may be annexed
  203  pursuant to part I are not restrictions on land that may be
  204  annexed pursuant to this part. As determined in the interlocal
  205  service boundary agreement, any character of land may be
  206  annexed, including, but not limited to, an annexation of land
  207  not contiguous to the boundaries of the annexing municipality,
  208  an annexation that creates an enclave, or an annexation where
  209  the annexed area is not reasonably compact; however, such area
  210  must be “urban in character” as defined in s. 171.031 s.
  211  171.031(8). The interlocal service boundary agreement may not
  212  allow for annexation of land within a municipality that is not a
  213  party to the agreement or of land that is within another county.
  214  Before annexation of land that is not contiguous to the
  215  boundaries of the annexing municipality, an annexation that
  216  creates an enclave, or an annexation of land that is not
  217  currently served by water or sewer utilities, one of the
  218  following options must be followed:
  219         (1) The municipality shall transmit a comprehensive plan
  220  amendment that proposes specific amendments relating to the
  221  property anticipated for annexation to the Department of
  222  Economic Opportunity for review under chapter 163. After
  223  considering the department’s review, the municipality may
  224  approve the annexation and comprehensive plan amendment
  225  concurrently. The local government must adopt the annexation and
  226  the comprehensive plan amendment as separate and distinct
  227  actions but may take such actions at a single public hearing; or
  228         (2) A municipality and county shall enter into a joint
  229  planning agreement under s. 163.3171, which is adopted into the
  230  municipal comprehensive plan. The joint planning agreement must
  231  identify the geographic areas anticipated for annexation, the
  232  future land uses that the municipality would seek to establish,
  233  necessary public facilities and services, including
  234  transportation and school facilities and how they will be
  235  provided, and natural resources, including surface water and
  236  groundwater resources, and how they will be protected. An
  237  amendment to the future land use map of a comprehensive plan
  238  which is consistent with the joint planning agreement must be
  239  considered a small scale amendment.
  240         Section 6. This act shall take effect July 1, 2023.