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The Florida Statutes

The 2003 Florida Statutes

Title XII
MUNICIPALITIES
Chapter 165
FORMATION OF LOCAL GOVERNMENTS
View Entire Chapter
Section 165.052, Florida Statutes 2003

165.052  Special dissolution procedures.--

(1)  The Secretary of State by proclamation shall declare inactive any municipality in this state upon a report being filed by the department which shall show that such municipality is no longer active, based upon a finding:

(a)  That the municipality has not conducted an election for membership in its legislative body within the 4 years immediately preceding, or as otherwise provided by law;

(b)  That a notice of the proposed proclamation has been published at least once each week for 2 consecutive weeks in a newspaper of general circulation within the county wherein the territory of the municipality is located, stating the name of said municipality, the law under which it was organized and operating, a general description of the territory included in said municipality, and stating that any objections to the proposed proclamation or to any debts of said municipality shall be filed not later than 60 days following the date of last publication with the department; and

(c)  That 60 days have elapsed from the last publication date of the notice of proposed proclamation and no sustained objections have been filed.

(2)  The state agency charged with collecting financial information from municipalities shall report to the Department of State and the Department of Community Affairs any municipality which has failed to file a report within the time set by law.

(3)  If any municipality declared inactive pursuant to this section owes any debt at the time of proclamation, any property or assets of such unit, or which belonged thereto at the time of such proclamation, shall be subject to legal process for payment of such debt. After the payment of all the debts of said inactive municipal corporation, the remainder of its property or assets shall escheat to the county wherein located. If, however, it shall be necessary, in order to pay any such debt, to levy any tax or taxes on the property in the territory or limits of the inactive municipality, the same may be assessed and levied by order of the county commissioners of the county wherein the same is situated, and shall be assessed by the county property appraiser and collected by the county tax collector. The proceedings in the assessment, collection, receipt, and disbursements of such taxes shall be like the proceedings concerning county taxes as far as applicable.

(4)  Any special law authorizing the incorporation or creation, or relating only to the powers or duties, of any municipality proclaimed inactive hereunder shall be reported by the Governor to the presiding officers of both houses of the Legislature. The proclamation of inactive status shall be sufficient notice as required by s. 10, Art. III of the State Constitution to authorize the Legislature to repeal any special laws so reported.

History.--s. 1, ch. 74-192; s. 1, ch. 77-102; s. 1, ch. 77-174; s. 12, ch. 81-167; s. 12, ch. 83-55; s. 40, ch. 89-169; s. 14, ch. 90-279.

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