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The Florida Statutes

The 2007 Florida Statutes

Title XI
Chapter 163
View Entire Chapter
Section 163.3217, Florida Statutes 2007

163.3217  Municipal overlay for municipal incorporation.--

(1)  PURPOSE.--In order to assist in the planning for future municipal incorporation of a specific geographic area, a county may adopt a municipal overlay as an amendment to its comprehensive plan. A municipal overlay will allow a county, in cooperation with the public, to address the future possible municipal incorporation of a specific geographic area and the impact of municipal incorporation on the provision of public services to serve the area.


(a)1.  This section applies only in those jurisdictions in which the county has authorized, by resolution or local ordinance, the development of a municipal overlay pursuant to the provisions of this section. A county governing body, or a citizens' organization that represents property owners in the area affected, may sponsor the preparation of the municipal overlay.

2.  It shall be the responsibility of the county to prepare the municipal overlay for an area under its jurisdiction; however, if the sponsor of the municipal overlay is other than the county, the county may by written agreement authorize the sponsor to prepare some or all of a proposed municipal overlay.

(b)1.  A municipal overlay shall be adopted as an amendment to the local government comprehensive plan as prescribed by s. 163.3184.

2.  A county may consider the adoption of a municipal overlay without regard to the provisions of s. 163.3187(1) regarding the frequency of adoption of amendments to the local comprehensive plan.

(3)  CONTENTS OF A MUNICIPAL OVERLAY.--A municipal overlay must contain:

(a)  Boundary options for the creation of the new municipality.

(b)  A feasibility study as outlined in chapter 165.

(c)  A map of existing and proposed land uses in the area by type and density.

(d)  Population projections for the area.

(e)  Data and analysis relating to the provision of public facilities for the area.

(4)  FUNDING OF THE MUNICIPAL OVERLAY.--The development of the municipal overlay shall be funded by the county unless there is written agreement between the county and another entity to fund it.

History.--s. 7, ch. 96-416.

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