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Senate Bill 2362

Senate Bill sb2362c1

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    Florida Senate - 2004                  CS for SB's 2362 & 3072

    By the Committee on Comprehensive Planning; and Senators
    Geller and Constantine




    316-2661A-04

  1                      A bill to be entitled

  2         An act relating to local government; creating

  3         part II of ch. 171, F.S.; providing a popular

  4         name; providing legislative intent with respect

  5         to annexation and the coordination of services

  6         by local governments; providing definitions;

  7         providing for the creation of interlocal

  8         service boundary agreements by a county and one

  9         or more municipalities or independent special

10         districts; specifying the procedures for

11         initiating an agreement and responding to a

12         proposal for agreements; identifying issues the

13         agreement may address; requiring local

14         governments that are a party to the agreement

15         to amend their comprehensive plans; specifying

16         those persons who may challenge a plan

17         amendment required by the agreement; requiring

18         that an agreement be adopted by resolution;

19         providing prerequisites to annexation;

20         providing a process for annexation; providing

21         for the effect of an interlocal service

22         boundary area agreement on the parties to the

23         agreement; providing for a transfer of powers;

24         authorizing a municipality to provide services

25         within an unincorporated area or territory of

26         another municipality; authorizing a county to

27         exercise certain powers within a municipality;

28         providing for the effect on interlocal

29         agreements and county charters; providing a

30         presumption of validity; providing a procedure

31         to settle a dispute regarding an interlocal

                                  1

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    Florida Senate - 2004                  CS for SB's 2362 & 3072
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 1         service boundary agreement; providing for a

 2         citizen petition initiative process; providing

 3         for application; providing procedures for

 4         annexation of enclaves; providing for dispute

 5         resolution agreements; providing

 6         responsibilities of an arbitrator; providing

 7         rulemaking authority to the Division of

 8         Administrative Hearings; amending s. 171.042,

 9         F.S.; revising the time period for filing of a

10         report; providing for a cause of action to

11         invalidate an annexation; amending s. 171.044,

12         F.S.; revising the time period for providing a

13         copy of a notice; providing for a cause of

14         action to invalidate an annexation; creating s.

15         171.094, F.S.; providing for the effect of

16         interlocal service boundary agreements adopted

17         under the act; amending s. 171.081, F.S.;

18         requiring a governmental entity affected by

19         annexation or contraction to initiate conflict

20         resolution procedures under certain

21         circumstances; amending s. 164.1058, F.S.;

22         providing that a governmental entity that fails

23         to participate in conflict resolution

24         procedures shall be required to pay attorney's

25         fees and costs under certain conditions;

26         requesting the Division of Statutory Revision

27         to designate parts I and II of ch. 171, F.S.;

28         providing an effective date.

29  

30  Be It Enacted by the Legislature of the State of Florida:

31  

                                  2

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    Florida Senate - 2004                  CS for SB's 2362 & 3072
    316-2661A-04




 1         Section 1.  Part II of chapter 171, Florida Statutes,

 2  consisting of sections 171.20, 171.201, 171.202, 171.203,

 3  171.204, 171.205, 171.206, 171.207, 171.208, 171.209, 171.21,

 4  171.211, 171.212, and 171.213, is created to read:

 5         171.20  Popular name.--This part may be cited as the

 6  "Interlocal Service Boundary Agreement Act."

 7         171.201  Legislative intent.--The Legislature intends

 8  to provide an alternative to part I of this chapter for local

 9  governments regarding the annexation of territory into a

10  municipality and the subtraction of territory from the

11  unincorporated area of the county. The principal goal of this

12  part is to encourage local governments to jointly determine

13  how to provide services to residents and property in the most

14  efficient and effective manner while balancing the needs and

15  desires of the community. This part is intended to establish a

16  more flexible process for adjusting municipal boundaries and

17  to address a wider range of annexation impacts. This part is

18  intended to encourage intergovernmental coordination in

19  planning, service delivery, and boundary adjustments and to

20  reduce intergovernmental conflicts and litigation between

21  local governments. It is the intent of this part to promote

22  sensible boundaries that reduce the costs of local

23  governments, avoid local service duplication, and increase

24  political transparency and accountability. This part is

25  intended to prevent inefficient service delivery and an

26  insufficient tax base to support the delivery of those

27  services.

28         171.202  Definitions.--As used in this part, the term:

29         (1)  "Chief administrative officer" means the municipal

30  administrator, municipal manager, county manager, county

31  administrator, or other officer of the municipality, county,

                                  3

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    Florida Senate - 2004                  CS for SB's 2362 & 3072
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 1  or independent special district who reports directly to the

 2  governing body of the local government.

 3         (2)  "Enclave" has the same meaning as provided in s.

 4  171.031(13).

 5         (3)  "Independent special district" means an

 6  independent special district, as defined in s. 189.403, which

 7  provides fire, emergency medical, water, wastewater, or

 8  stormwater services.

 9         (4)  "Initiating county" means a county that commences

10  the process for negotiation of an interlocal service boundary

11  agreement through the adoption of an initiating resolution.

12         (5)  "Initiating local government" means a county or

13  municipality that commences the process for negotiation of an

14  interlocal service boundary agreement through the adoption of

15  an initiating resolution.

16         (6)  "Initiating municipality" means a municipality

17  that commences the process for negotiation of an interlocal

18  service boundary agreement through the adoption of an

19  initiating resolution.

20         (7)  "Initiating resolution" means a resolution adopted

21  by a county or a municipality which commences the process for

22  negotiation of an interlocal service boundary agreement and

23  which identifies the unincorporated area and other issues for

24  discussion.

25         (8)  "Interlocal service boundary agreement" means an

26  agreement adopted under this part, between a county and one or

27  more municipalities, which may include one or more independent

28  special districts as parties to the agreement.

29         (9)  "Invited municipality" means an initiating

30  municipality and any other municipality designated as such in

31  an initiating resolution or a responding resolution that

                                  4

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    Florida Senate - 2004                  CS for SB's 2362 & 3072
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 1  invites the municipality to participate in the negotiation of

 2  an interlocal service boundary agreement.

 3         (10)  "Municipal service area" means one or more of the

 4  following as designated in an interlocal service boundary

 5  agreement:

 6         (a)  An unincorporated area that has been identified in

 7  an interlocal service boundary agreement for municipal

 8  annexation by a municipality that is a party to the agreement.

 9         (b)  An unincorporated area that has been identified in

10  an interlocal service boundary agreement to receive municipal

11  services from a municipality that is a party to the agreement

12  or from the municipality's designee.

13         (11)  "Notified local government" means the county or a

14  municipality, other than an invited municipality, that

15  receives an initiating resolution.

16         (12)  "Participating resolution" means the resolution

17  adopted by the initiating local government and the invited

18  local government.

19         (13)  "Requesting resolution" means the resolution

20  adopted by a municipality seeking to participate in the

21  negotiation of an interlocal service boundary agreement.

22         (14)  "Responding resolution" means the resolution

23  adopted by the county or an invited municipality which

24  responds to the initiating resolution and which may identify

25  an additional unincorporated area or another issue for

26  discussion, or both, and may designate an additional invited

27  municipality.

28         (15)  "Unincorporated service area" means one or more

29  of the following as designated in an interlocal service

30  boundary agreement:

31  

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    Florida Senate - 2004                  CS for SB's 2362 & 3072
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 1         (a)  An unincorporated area that has been identified in

 2  an interlocal service boundary agreement and that may not be

 3  annexed without the consent of the county.

 4         (b)  An unincorporated area or incorporated area, or

 5  both, which have been identified in an interlocal service

 6  boundary agreement to receive municipal services from a county

 7  or its designee.

 8         171.203  Interlocal service boundary agreement.--The

 9  governing body of a county and one or more municipalities or

10  independent special districts within the county may enter into

11  an interlocal service boundary agreement under this part. The

12  governing bodies of a county and a municipality may develop a

13  process for reaching an interlocal service boundary agreement

14  which provides for public participation in a manner that meets

15  or exceeds the requirements of subsection (10), or the

16  governing bodies may use the process established in this

17  section.

18         (1)  A county or a municipality desiring to enter into

19  an interlocal service boundary agreement shall commence the

20  negotiation process by adopting an initiating resolution. The

21  initiating resolution shall identify an unincorporated area or

22  incorporated area, or both, to be discussed and the issues to

23  be negotiated. The identified area shall be specified in the

24  initiating resolution by a descriptive exhibit that includes,

25  but need not be limited to, a map or legal description of the

26  designated area. The issues for negotiation shall be listed in

27  the initiating resolution and may include, but need not be

28  limited to, the issues listed in subsection (6).

29         (a)  The initiating resolution of an initiating county

30  must designate one or more invited municipalities. The

31  

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    Florida Senate - 2004                  CS for SB's 2362 & 3072
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 1  initiating resolution of an initiating municipality may

 2  designate an invited municipality.

 3         (b)  An initiating county shall send the initiating

 4  resolution by United States certified mail to the chief

 5  administrative officer of every invited municipality and each

 6  other municipality within the county. An initiating

 7  municipality shall send the initiating resolution by United

 8  States certified mail to the chief administrative officer of

 9  the county, the invited municipality, if any, and each other

10  municipality within the county.

11         (c)  The initiating local government shall also send

12  the initiating resolution to the chief administrative officer

13  of each independent special district in the unincorporated

14  area designated in the initiating resolution.

15         (2)  Within 60 days after the receipt of an initiating

16  resolution, the county or the invited municipality, as

17  appropriate, shall adopt a responding resolution. The

18  responding resolution may identify an additional

19  unincorporated area or incorporated area, or both, for

20  discussion and may designate additional issues for

21  negotiation. The additional identified area, if any, shall be

22  specified in the responding resolution by a descriptive

23  exhibit that includes, but need not be limited to, a map or

24  legal description of the designated area. The additional

25  issues designated for negotiation, if any, shall be listed in

26  the responding resolution and may include, but need not be

27  limited to, the issues listed in subsection (6). The

28  responding resolution may also invite an additional

29  municipality to negotiate the interlocal service boundary

30  agreement.

31  

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    Florida Senate - 2004                  CS for SB's 2362 & 3072
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 1         (a)  Within 7 days after the adoption of a responding

 2  resolution, the responding county shall send the responding

 3  resolution by United States certified mail to the chief

 4  administrative officer of the initiating municipality, each

 5  invited municipality, if any, and the independent special

 6  district that received an initiating resolution.

 7         (b)  Within 7 days after the adoption of a responding

 8  resolution, an invited municipality shall send the responding

 9  resolution by United States certified mail to the chief

10  administrative officer of the initiating county, each invited

11  municipality, if any, and each independent special district

12  that received an initiating resolution.

13         (c)  An invited municipality that was invited by a

14  responding resolution shall adopt a responding resolution in

15  accordance with paragraph (b).

16         (d)  Within 60 days after receipt of the initiating

17  resolution, any independent special district that received an

18  initiating resolution and that desires to participate in the

19  negotiations shall adopt a resolution indicating that it

20  intends to participate in the negotiation process for the

21  interlocal service boundary agreement. Within 7 days after the

22  adoption of the resolution, the independent special district

23  shall send the resolution by United States certified mail to

24  the chief administrative officer of the county, the initiating

25  municipality, each invited municipality, if any, and each

26  notified local government.

27         (3)  A municipality within the county that is not an

28  invited municipality may request participation in the

29  negotiations for the interlocal service boundary agreement.

30  Such a request shall be accomplished by adopting a requesting

31  resolution within 60 days after receipt of the initiating

                                  8

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    Florida Senate - 2004                  CS for SB's 2362 & 3072
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 1  resolution or within 10 days after receipt of the responding

 2  resolution. Within 7 days after adoption of the requesting

 3  resolution, the requesting municipality shall send the

 4  resolution by United States certified mail to the chief

 5  administrative officer of the initiating local government and

 6  each invited municipality. The county and the invited

 7  municipality shall consider whether to allow a requesting

 8  municipality to participate in the negotiations, and, if they

 9  agree, the county and the municipality shall adopt a

10  participating resolution allowing the requesting municipality

11  to participate in the negotiations.

12         (4)  The county, the invited municipalities, the

13  participating municipalities, if any, and the independent

14  special districts, if any have adopted a resolution to

15  participate, shall begin negotiations within 60 days after

16  receipt of the responding resolution or a participating

17  resolution, whichever occurs later.

18         (5)  An invited municipality that fails to adopt a

19  responding resolution shall be deemed to waive its right to

20  participate in the negotiation process and shall be bound by

21  an interlocal agreement resulting from such negotiation

22  process, if any is reached.

23         (6)  An interlocal service boundary agreement may

24  address any issue concerning service delivery, fiscal

25  responsibilities, or boundary adjustment. The agreement may

26  include, but need not be limited to, provisions that:

27         (a)  Identify a municipal service area.

28         (b)  Identify an unincorporated service area.

29         (c)  Identify the local government responsible for the

30  delivery or funding of the following services within the

31  municipal service area or the unincorporated service area:

                                  9

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    Florida Senate - 2004                  CS for SB's 2362 & 3072
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 1         1.  Public safety.

 2         2.  Fire, emergency rescue, and medical.

 3         3.  Water and wastewater.

 4         4.  Road ownership, construction, and maintenance.

 5         5.  Conservation, parks, and recreation.

 6         6.  Stormwater management and drainage.

 7         (d)  Address other services and infrastructure not

 8  currently provided by the private sector.

 9         (e)  Establish a process and schedule for annexation of

10  an area within the designated municipal service area

11  consistent with s. 171.205.

12         (f)  Establish a process for land-use decisions

13  consistent with part II of chapter 163, including those made

14  jointly by the governing bodies of the county and the

15  municipality, or allow a municipality to adopt land-use

16  changes consistent with part II of chapter 163 for areas that

17  are scheduled to be annexed within the term of the interlocal

18  agreement, and allow an exemption from the twice-per-year

19  limitation applicable to changes to the comprehensive plan

20  under s. 163.3187.

21         (g)  Address other issues concerning service delivery,

22  including the transfer of services and infrastructure and the

23  fiscal compensation to one county or municipality from another

24  county or municipality.

25         (h)  Provide for the joint use of facilities and the

26  colocation of services.

27         (i)  Include a requirement for a report to the county

28  of the municipality's planned service delivery, as provided in

29  s. 171.042, or as otherwise determined by agreement.

30         (7)  Each local government that is a party to the

31  interlocal service boundary agreement shall amend the

                                  10

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    Florida Senate - 2004                  CS for SB's 2362 & 3072
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 1  intergovernmental coordination element of its comprehensive

 2  plan, as defined in s. 163.3177(6)(h)1., no later than 6

 3  months following entry of the interlocal service boundary

 4  agreement consistent with s. 163.3177(6)(h)1. Plan amendments

 5  required by this subsection are exempt from the twice-per-year

 6  limitation under s. 163.3187.

 7         (8)  An affected person for the purpose of challenging

 8  a comprehensive plan amendment required by paragraph (6)(f)

 9  includes persons owning real property, residing, or owning or

10  operating a business within the boundaries of the municipal

11  service area and owners of real property abutting real

12  property within the municipal service area that is the subject

13  of the comprehensive plan amendment in addition to those

14  affected persons who would have standing under s. 163.3184.

15         (9)  An interlocal service boundary agreement may be

16  for a term of 20 years or less. The interlocal service

17  boundary agreement shall also include a provision requiring

18  periodic review. The interlocal service boundary agreement

19  shall require renegotiations to begin at least 18 months

20  before its termination date.

21         (10)  No earlier than 6 months after the commencement

22  of negotiations, either of the initiating local governments or

23  both, the county, or the invited municipality may declare an

24  impasse in the negotiations and seek a resolution of the

25  issues under ss. 164.1053-164.1057. If the local governments

26  fail to agree at the conclusion of the process under chapter

27  164, the local governments shall hold a joint public hearing

28  on the issues raised in the negotiations.

29         (11)  When the local governments have reached an

30  interlocal service boundary agreement, the county and the

31  municipality shall adopt the agreement by ordinance under s.

                                  11

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    Florida Senate - 2004                  CS for SB's 2362 & 3072
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 1  166.041 or s. 125.66, respectively. An independent special

 2  district, if it consents to the agreement, shall adopt the

 3  agreement by final order, resolution, or other method

 4  consistent with its charter. The interlocal service boundary

 5  agreement shall take effect on the day specified in the

 6  agreement or, if there is no date, upon adoption by the county

 7  or the invited municipality, whichever occurs later.

 8         (12)  For a period of 6 months following the failure of

 9  the local governments to consent to an interlocal service

10  boundary agreement, the initiating local government may not

11  initiate the negotiation process established in this section

12  to require the responding local government to negotiate an

13  agreement concerning the same identified unincorporated area

14  and the same issues that were specified in the failed

15  initiating resolution.

16         (13)  This part does not authorize one local government

17  to require another local government to enter into an

18  interlocal service boundary agreement. However, when the

19  process for negotiating an interlocal service boundary

20  agreement is initiated, the local governments shall negotiate

21  in good faith to the conclusion of the process established in

22  this section.

23         (14)  This section authorizes local governments to

24  simultaneously engage in negotiating more than one interlocal

25  service boundary agreement, notwithstanding that separate

26  negotiations concern similar or identical unincorporated areas

27  and issues.

28         (15)  Elected local government officials are encouraged

29  to participate actively and directly in the negotiation

30  process for developing an interlocal service boundary

31  agreement.

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 1         (16)  This part does not impair any existing franchise

 2  agreement without the consent of the franchisee.

 3         171.204  Prerequisites to annexation under this

 4  part.--The interlocal service boundary agreement may describe

 5  the character of land that may be annexed and may provide that

 6  the restrictions on the character of land that may be annexed

 7  pursuant to part I are not restrictions on land that may be

 8  annexed pursuant to this part. As determined in the interlocal

 9  service boundary agreement, any character of land may be

10  annexed, including, but not limited to, an annexation of land

11  not contiguous to the boundaries of the annexing municipality,

12  an annexation that creates an enclave, an annexation where the

13  annexed area is not reasonably compact, or an annexation where

14  the annexed area does not qualify as urban in character under

15  part I. The interlocal service boundary agreement may not

16  allow for annexation of land within a municipality that is not

17  a party to the agreement or of land that is within another

18  county.

19         171.205  Consent requirements for annexation of land

20  under this part.--Notwithstanding part I, an interlocal

21  service boundary agreement may provide a process for

22  annexation consistent with this section or with part I.

23         (1)  For all or a portion of the area within a

24  designated municipal service area, the interlocal service

25  boundary agreement may provide a flexible process for securing

26  the consent of the registered voters who reside in the area

27  proposed to be annexed, or property owners, or both, for

28  annexation of property within a municipal service area, with

29  notice to the registered voters who reside in the area

30  proposed to be annexed, or property owners, or both, as

31  required in the interlocal service boundary agreement. The

                                  13

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 1  interlocal service boundary agreement may not authorize

 2  annexation unless the consent requirements of part I are met

 3  or the annexation is consented to by one or more of the

 4  following:

 5         (a)  The municipality has received a petition for

 6  annexation from more than 50 percent of the registered voters

 7  who reside in the area proposed to be annexed.

 8         (b)  The annexation is approved by a majority of the

 9  registered voters who reside in the area proposed to be

10  annexed voting in a referendum on the annexation.

11         (c)  The municipality has received a petition for

12  annexation from more than 50 percent of the property owners

13  within the area proposed to be annexed.

14         (2)  For all or a portion of an enclave consisting of

15  more than 20 acres within a designated municipal service area,

16  the interlocal service boundary agreement may provide a

17  flexible process for securing the consent of the registered

18  voters who reside in the area proposed to be annexed and

19  property owners for annexation of the property, with notice to

20  the registered voters who reside in the area proposed to be

21  annexed and property owners as required in the interlocal

22  service boundary agreement. The interlocal service boundary

23  agreement may not authorize annexation of enclaves under this

24  subsection unless the consent requirements of part I are met,

25  unless the annexation process includes one or more of the

26  procedures in subsection (1), or unless the municipality has

27  received a petition for annexation from one or more property

28  owners who own real property in excess of 50 percent of the

29  total real property within the area to be annexed.

30         (3)  For all or a portion of an enclave, consisting of

31  20 acres or less and with fewer than 100 registered voters

                                  14

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 1  within a designated municipal service area, the interlocal

 2  service boundary agreement may provide a flexible process for

 3  securing the consent of the registered voters who reside in

 4  the area proposed to be annexed and property owners for

 5  annexation of property within a municipal service area, with

 6  notice to the registered voters who reside in the area

 7  proposed to be annexed and property owners as required in the

 8  interlocal service boundary agreement. Such an annexation

 9  process may include one or more of the procedures in

10  subsection (1) and may allow annexation according to the terms

11  and conditions provided in the interlocal service boundary

12  agreement, which may include a referendum of the registered

13  voters who reside in the area proposed to be annexed.

14         171.206  Effect of interlocal service boundary area

15  agreement on annexations.--

16         (1)  An interlocal service boundary agreement is

17  binding on the parties to the agreement, and a party may not

18  take any action that violates the interlocal service boundary

19  agreement.

20         (2)  Notwithstanding part I, without consent of the

21  county and the affected municipality by resolution, a county

22  or an invited municipality may not take any action that

23  violates the interlocal service boundary agreement.

24         (3)  If the independent special district that

25  participated in the negotiation process pursuant to s.

26  171.203(2)(d) does not consent to the interlocal service

27  boundary agreement, it may seek compensation under s. 171.093.

28         171.207  Transfer of powers.--This part is an

29  alternative provision otherwise provided by law, as authorized

30  in s. 4, Art. VIII of the State Constitution, for any transfer

31  of power resulting from an interlocal service boundary

                                  15

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 1  agreement for the provision of services or the acquisition of

 2  public facilities entered into by a county, municipality,

 3  independent special district, or other entity created pursuant

 4  to law.

 5         171.208  Municipal extraterritorial power.--This part

 6  authorizes a municipality to exercise extraterritorial powers

 7  that include, but are not limited to, the authority to provide

 8  services and facilities within the unincorporated area or

 9  within the territory of another municipality as provided

10  within an interlocal service boundary agreement. This power is

11  in addition to other municipal powers that otherwise exist.

12         171.209  County incorporated area power.--As provided

13  in an interlocal service boundary agreement, this part

14  authorizes a county to exercise powers within a municipality

15  that include, but are not limited to, the authority to provide

16  services and facilities within the territory of a

17  municipality. This power is in addition to other county powers

18  that otherwise exist.

19         171.21  Effect of part on interlocal agreement and

20  county charter.--A joint planning agreement, a charter

21  provision adopted under s. 171.044(4), or any other interlocal

22  agreement between a county and a municipality is not affected

23  by this part; however, the county or the municipality, or

24  both, may avail themselves of this part, which may result in

25  the repeal or modification of a joint planning agreement or

26  other interlocal agreement.

27         171.211  Interlocal service boundary agreement presumed

28  valid and binding.--

29         (1)  If there is litigation over the terms, conditions,

30  construction, or enforcement of an interlocal service boundary

31  

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 1  agreement, the agreement shall be presumed valid, and the

 2  challenger has the burden of proving its invalidity.

 3         (2)  Notwithstanding part I, it is the intent of this

 4  part to authorize a municipality to enter into an interlocal

 5  service boundary agreement that enhances, restricts, or

 6  precludes annexations during the term of the agreement.

 7         171.212  Disputes regarding construction and effect of

 8  an interlocal service boundary agreement.--If there is a

 9  question or dispute about the construction or effect of an

10  interlocal service boundary agreement, a local government

11  shall initiate and proceed through the conflict resolution

12  procedures established in chapter 164. If there is a failure

13  to resolve the conflict, no later than 30 days following the

14  conclusion of the procedures established in chapter 164, the

15  local government may file an action in circuit court. For

16  purposes of this section, the term "local government" means a

17  party to the interlocal service boundary agreement.

18         171.213  Citizen petition initiative process for

19  enclaves.--

20         (1)  If an interlocal service boundary agreement is not

21  approved by the participating local governments, the

22  registered voters or the property owners within an enclave

23  that was identified in the requesting resolution by the

24  initiating local government or in a responding resolution by a

25  participating local government may petition a municipality for

26  annexation or to initiate the interlocal service boundary

27  agreement process for their specific area.

28         (2)  This section does not apply to any municipality

29  having a population of 7,500 or fewer as of January 1, 2003,

30  unless approved by a majority of the governing board of the

31  municipality. This section does not apply to any municipality

                                  17

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 1  having a population greater than 7,500 as of January 1, 2003,

 2  if the proposed area to be annexed will increase the municipal

 3  population by more than 10 percent, unless approved by a

 4  majority of the governing board of the municipality. In the

 5  event that a municipality is petitioned under this section on

 6  two or more occasions, the total of the proposed area to be

 7  annexed may not increase the municipal population by more than

 8  20 percent in any given year or 50 percent in a 5-year period,

 9  unless approved by a majority of the governing body of the

10  municipality.

11         (a)  The registered voters or the property owners

12  within the area may initiate the petition no sooner than 270

13  days after the joint public hearing required in s.

14  171.203(10). The registered voters or the property owners of

15  the area may initiate the interlocal service boundary

16  agreement process by notifying a municipality of one of the

17  following:

18         1.  They have obtained the consent of 50 percent or

19  more of the registered voters who reside in the enclave;

20         2.  They have obtained the consent of 50 percent of the

21  property owners within the enclave;

22         3.  The board of directors of a condominium association

23  as defined in s. 718.103(2) has approved a resolution and the

24  resolution has been approved by a majority of the members of

25  the condominium association located within the enclave; or

26         4.  The board of directors of a homeowners' association

27  as defined in s. 720.301(7) has approved a resolution and the

28  resolution has been approved by a majority of the members of

29  the homeowners' association located within the enclave.

30         (b)  Each registered voter or property owner signing a

31  petition shall sign in ink or indelible pencil his or her name

                                  18

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    Florida Senate - 2004                  CS for SB's 2362 & 3072
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 1  as registered in the office of the supervisor of elections or

 2  the property appraiser. Each petition shall contain

 3  appropriate lines for the signature, printed name, and street

 4  address of the signee and an oath, to be executed by a witness

 5  thereof, verifying the fact that the witness saw each person

 6  sign the petition, that each signature appearing thereon is

 7  the genuine signature of the person it purports to be, and

 8  that the petition was signed in the presence of the witness on

 9  the date indicated.

10         (c)  Copies of the petition or resolution shall be

11  submitted to the clerk of the municipality. If it is

12  determined that the petition does not meet the requirements in

13  this subsection, the clerk shall so certify to the governing

14  body of the municipality and file the petition without taking

15  further action, and the matter shall be at an end. No

16  additional names may be added to the petition, and the

17  petition may not be used in any other proceeding.

18         (d)  If it is determined that the petition has met the

19  requirements of this subsection, the clerk shall so certify to

20  the governing body of the municipality. Upon certification, a

21  municipality must notify the registered voters, property

22  owners, condominium association, or homeowners' association

23  within 30 days after the certification of the petition.

24         (e)  Not later than 60 days after the certification of

25  the petition initiative from the proposed area, a municipality

26  shall notify the county of its intent to initiate annexation

27  procedures established in s. 171.205(1). If it elects not to

28  annex, a municipality shall notify and invite the county and

29  any independent special district pursuant to the interlocal

30  service boundary agreement process established in s. 171.203

31  to address issues related to the annexation of the enclave. If

                                  19

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    Florida Senate - 2004                  CS for SB's 2362 & 3072
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 1  the municipality fails to initiate annexation or the

 2  interlocal service boundary agreement process within 60 days,

 3  the registered voters, property owners, condominium

 4  association, or homeowners' association may petition the

 5  county to initiate the interlocal agreement process for the

 6  enclave.

 7         (f)  If the participating local governments fail to

 8  reach an agreement, the board of directors of a condominium

 9  association or homeowners' association within the proposed

10  area may request a dispute resolution process that provides

11  for an orderly, speedy, and final resolution of the dispute.

12         (3)  The local governments may adopt an interlocal

13  dispute resolution agreement that provides a dispute

14  resolution process. If the local governments do not adopt an

15  interlocal dispute resolution agreement, they must use the

16  following dispute resolution process:

17         (a)  A county, municipality, condominium association,

18  or homeowners' association may file a petition seeking

19  arbitration that states with particularity the issue in

20  dispute, suggests a proposed resolution, and states the

21  reasons supporting the resolution.

22         (b)  Notwithstanding s. 120.569, the petition shall be

23  filed with the Division of Administrative Hearings, which

24  shall, immediately upon filing, forward copies to the other

25  local government that is a party. Within 10 days after

26  receiving a complete petition, the division director shall

27  assign an administrative law judge as arbitrator, who shall

28  conduct an arbitration hearing within 90 days thereafter,

29  unless the petition is withdrawn or a continuance is granted

30  by agreement of the parties or for good cause shown.

31  

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 1         (c)  Within 90 days after the arbitration hearing, the

 2  arbitrator shall issue a written decision and state the

 3  reasons for the decision in writing. The division shall

 4  immediately transmit a copy of the decision to the county, the

 5  municipality, and any independent special district.

 6         (d)  The evidentiary standards shall be as provided in

 7  ss. 120.569(2)(g) and 120.57(1)(c).

 8         (e)  This subsection does not preclude settlement by

 9  mutual agreement of the parties at any time.

10         (f)  The arbitrator shall consider the following

11  factors:

12         1.  The preference of the residents and property owners

13  in the enclave proposed for annexation.

14         2.  The fiscal effects of boundary adjustments,

15  including the effect of the annexation of the enclave on the

16  ability of the county, the municipality, and any independent

17  special district to provide services and facilities to the

18  area proposed to be annexed, the remainder of the

19  unincorporated area, and the incorporated area of the

20  municipality.

21         3.  The current level-of-service standards of the

22  infrastructure and the potential fiscal impact on the

23  municipality which may result from annexation of the enclave.

24         4.  The reduction in the value or use of infrastructure

25  owned by the county or an independent special district that

26  may result from annexation of the enclave.

27         5.  The commonality of interests among the residents

28  and property owners of the enclave proposed for annexation and

29  the adjacent incorporated area.

30         6.  The effects of the proposed annexation on the

31  efficiency and effectiveness of urban service delivery.

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 1         7.  Whether the area proposed for annexation meets the

 2  criteria in s. 171.031(13).

 3         8.  The intent of the Legislature as expressed in this

 4  part.

 5         (g)  The arbitrator shall:

 6         1.  Determine whether the enclave should remain

 7  unincorporated or be annexed. If the arbitrator finds that the

 8  enclave should be annexed, the annexation must be approved by

 9  a majority of the registered voters who reside in the enclave.

10         2.  Determine service delivery responsibilities of the

11  county, municipality, and any independent special district.

12         3.  Determine fiscal compensation issues, including

13  requiring a single payment or payment over a term of years by

14  one of the parties to ensure that fiscal responsibilities for

15  providing urban services can be met.

16         (h)  Arbitration hearings shall be conducted as

17  provided by ss. 120.569 and 120.57, except that the

18  arbitrator's order shall be transmitted to the governmental

19  entities, which have 45 days to:

20         1.  Accept the findings and enter into an agreement

21  based upon the award;

22         2.  Negotiate and enter into an agreement that differs

23  from the award; or

24         3.  File an action rejecting the award under s. 684.22

25  to set aside the award or enforce it.

26  

27  All subsequent proceedings shall be governed by part III of

28  chapter 684.

29         (i)  The Division of Administrative Hearings may adopt

30  rules for arbitration proceedings under this section.

31  

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 1         Section 2.  Subsection (2) of section 171.042, Florida

 2  Statutes, is amended to read:

 3         171.042  Prerequisites to annexation.--

 4         (2)  Not fewer than 15 days prior to commencing the

 5  annexation procedures under s. 171.0413, the governing body of

 6  the municipality shall file a copy of the report required by

 7  this section with the board of county commissioners of the

 8  county wherein the municipality is located. The notice

 9  provision provided in this subsection may be the basis for a

10  cause of action invalidating the annexation.

11         Section 3.  Subsection (6) of section 171.044, Florida

12  Statutes, is amended to read:

13         171.044  Voluntary annexation.--

14         (6)  Not fewer than 10 days prior to Upon publishing or

15  posting the ordinance notice required under subsection (2),

16  the governing body of the municipality must provide a copy of

17  the notice, via certified mail, to the board of the county

18  commissioners of the county wherein the municipality is

19  located. The notice provision provided in this subsection may

20  shall not be the basis for a of any cause of action

21  invalidating challenging the annexation.

22         Section 4.  Section 171.094, Florida Statutes, is

23  created to read:

24         171.094  Effect of interlocal service boundary

25  agreements adopted under part II on annexations under this

26  part.

27         (1)  An interlocal service boundary agreement entered

28  into pursuant to part II is binding on the parties to the

29  agreement and a party may not take any action that violates

30  the interlocal service boundary agreement.

31  

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    Florida Senate - 2004                  CS for SB's 2362 & 3072
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 1         (2)  Notwithstanding any other provision of this part,

 2  without consent of the county and the affected municipality by

 3  resolution, a county or an invited municipality may not take

 4  any action that violates an interlocal service boundary

 5  agreement.

 6         Section 5.  Section 171.081, Florida Statutes, is

 7  amended to read:

 8         171.081  Appeal on annexation or contraction.--

 9         (1)  No later than 30 days following the passage of an

10  annexation or contraction ordinance, Any party affected who

11  believes that he or she will suffer material injury by reason

12  of the failure of the municipal governing body to comply with

13  the procedures set forth in this chapter for annexation or

14  contraction or to meet the requirements established for

15  annexation or contraction as they apply to his or her property

16  may file a petition in the circuit court for the county in

17  which the municipality or municipalities are located seeking

18  review by certiorari. The action may be initiated at the

19  party's option either within 30 days following the passage of

20  the annexation or contraction ordinance or within 30 days

21  following the completion of the dispute resolution process in

22  subsection (2). In any action instituted pursuant to this

23  section, the complainant, should he or she prevail, shall be

24  entitled to reasonable costs and attorney's fees.

25         (2)  If the affected party is a governmental entity, no

26  later than 30 days following the passage of an annexation or

27  contraction ordinance, the governmental entity must initiate

28  and proceed through the conflict resolution procedures

29  established in chapter 164. If there is a failure to resolve

30  the conflict, no later than 30 days following the conclusion

31  of the procedures established in chapter 164, the governmental

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 1  entity that initiated the conflict resolution procedures may

 2  file a petition in the circuit court for the county in which

 3  the municipality or municipalities are located seeking review

 4  by certiorari.

 5         Section 6.  Section 164.1058, Florida Statutes, is

 6  amended to read:

 7         164.1058  Penalty.--If a primary conflicting

 8  governmental entity which has received notice of intent to

 9  initiate the conflict resolution procedure pursuant to this

10  act fails to participate in good faith in the conflict

11  assessment meeting, mediation, or other remedies provided for

12  in this act, and the initiating governmental entity files suit

13  and is the prevailing party in such suit, the primary

14  disputing governmental entity that which failed to participate

15  in good faith shall be required to pay the attorney's fees and

16  costs in that proceeding of the prevailing primary conflicting

17  governmental entity which initiated the conflict resolution

18  procedure.

19         Section 7.  The Division of Statutory Revision is

20  requested to designate sections 171.011-171.094, Florida

21  Statutes, as part I of chapter 171, Florida Statutes, and

22  sections 171.20-171.213, Florida Statutes, as created by this

23  act, as part II of chapter 171, Florida Statutes.

24         Section 8.  This act shall take effect July 1, 2004.

25  

26  

27  

28  

29  

30  

31  

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    Florida Senate - 2004                  CS for SB's 2362 & 3072
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                   Senate Bill's 2362 and 3072

 3                                 

 4  Senate Bill 2362 is a shell bill. The substantive differences
    between Senate Bill 3072 and the committee substitute (CS) are
 5  as follows: The CS clarifies the procedures for obtaining
    consent to annex an enclave consisting of 20 acres or more
 6  within a municipal service area. It requires each local
    government that is a party to the interlocal service boundary
 7  agreement to amend the intergovernmental coordination element
    of its comprehensive plan within a certain time period. It
 8  defines affected person for the purposes of challenging
    certain plan amendments. The CS also states that part II of
 9  ch. 171, F.S., does not impair any existing franchise
    agreement without the consent of the franchisee.
10  
    In addition, the CS provides a citizen petition initiative
11  process for certain enclaves. If the local governments are
    unable to reach an agreement on the annexation of an enclave
12  that used the citizen petition process, the Division of
    Administrative Hearings is required to appoint an arbitrator
13  and hold arbitration hearings.

14  This CS requires an ordinance notice for annexation to be
    provided to the county where the municipality is located not
15  fewer than 15 days prior to commencing annexation procedures
    under s. 171.0413, F.S. The CS also deletes language extending
16  the time period for an annexing municipality to hold a
    referendum for the registered electors of the area proposed to
17  be annexed, following the adoption of its final ordinance to
    annex property under s. 171.0413, F.S.
18  
    The CS requires a municipality to send a copy of the ordinance
19  notice for a voluntary annexation to the county where the
    municipality is located not fewer than 10 days prior to
20  publishing or posting the notice. Failure to comply with this
    notice provision may be the basis for an action invalidating
21  the annexation. It requires a governmental entity that is
    challenging an annexation to initiate conflict resolution
22  procedures within 30 days following the passage of an
    annexation or contraction ordinance. Finally, it provides that
23  a primary disputing governmental entity that fails to
    participate in good faith in certain proceedings under ch.
24  164, F.S., shall be required to pay the attorney's fees and
    costs for that proceeding.
25  

26  

27  

28  

29  

30  

31  

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