CS for SB 692 Second Engrossed
2012692e2
1 A bill to be entitled
2 An act relating to local government; amending s.
3 165.031, F.S.; deleting definitions; amending s.
4 165.041, F.S.; revising the deadline for submission of
5 a feasibility study of a proposed incorporation of a
6 municipality; revising a requirement for the content
7 of the study; amending s. 257.171, F.S.; conforming a
8 cross-reference; amending s. 163.3167, F.S.;
9 authorizing a local government to retain certain
10 initiatives or referendum processes that were in
11 effect as of a specified date; providing that
12 qualified electors of certain independent districts
13 may commence a municipal conversion proceeding by
14 filing a petition with the governing body of the
15 independent special district; providing an exception;
16 providing criteria for the petition; providing that
17 the petition must be filed with the governing body of
18 the independent special district and submitted to the
19 supervisor of elections of each county in which the
20 district lands are located; requiring that the
21 supervisor of elections certify within a certain time
22 to the governing body the number of signatures of
23 qualified electors contained in the petition;
24 requiring the governing body to meet, prepare, and
25 approve by resolution, a proposed elector-initiated
26 combined conversion and incorporation plan; providing
27 criteria for the plan; providing criteria for
28 approving the resolution; requiring the governing body
29 to provide notice and public access to the elector
30 initiated combined municipal incorporation plan;
31 providing criteria for a public hearing on the
32 proposed elector-initiated combined municipal
33 incorporation plan; providing notice of a final public
34 hearing, a descriptive summary of the elector
35 initiated combined municipal incorporation plan, and a
36 reference to the public place where a copy of the plan
37 can be examined; authorizing the governing body to
38 amend the municipal incorporation plan after the final
39 hearing if notice and public hearing requirements are
40 met; requiring the governing body to approve the final
41 version of the plan within a certain time after the
42 final hearing; requiring the governing body to notify
43 the supervisor of elections of the county within which
44 the special district is located of the adoption of the
45 resolution; providing for notice of the referendum;
46 requiring that the referenda be held in accordance
47 with the election code; requiring the independent
48 special district to bear the costs associated with the
49 referenda; providing for the form of the ballot
50 question; providing for the counting of ballots,
51 making and canvassing of returns, and certifying the
52 results; requiring a majority of the votes cast in the
53 independent special district for the incorporation
54 plan to take effect; requiring that the independent
55 special district notify the special district
56 information program and certain local general-purpose
57 governments that the plan was approved; prohibiting a
58 conversion process from being initiated for 2 years if
59 the referendum fails; providing for interim governance
60 of the district; providing for an effective date of
61 the incorporation; prohibiting the municipal
62 conversion of home rule counties, hospital districts,
63 or children’s services districts; providing an
64 effective date.
65
66 Be It Enacted by the Legislature of the State of Florida:
67
68 Section 1. Section 165.031, Florida Statutes, is reordered
69 and amended to read:
70 165.031 Definitions.—The following terms and phrases, when
71 used in this chapter, shall have the meanings ascribed to them
72 in this section, except where the context clearly indicates a
73 different meaning:
74 (1) “Unit of local government” means any local general
75 purpose government.
76 (2) “Local general-purpose government” means a county,
77 municipality, or consolidated city-county government.
78 (1)(3) “County” means a political subdivision of the state
79 established pursuant to s. 1, Art. VIII of the State
80 Constitution.
81 (3)(4) “Municipality” means a municipality created pursuant
82 to general or special law authorized or recognized pursuant to
83 s. 2 or s. 6, Art. VIII of the State Constitution.
84 (7)(5) “Special district” means a local unit of special
85 government, as defined in s. 189.403(1). This term includes
86 dependent special districts, as defined in s. 189.403(2), and
87 independent special districts, as defined in s. 189.403(3). All
88 provisions of s. 200.001(8)(d) and (e) shall be considered
89 provisions of this chapter.
90 (2)(6) “Formation” means any one of the following
91 activities:
92 (a) “Incorporation”—The establishment of a municipality.
93 (b) “Dissolution”—The dissolving of the corporate status of
94 a municipality.
95 (c) “Merger”—The merging of two or more municipalities with
96 each other and with any unincorporated areas authorized pursuant
97 to this act to form a new municipality; the merging of one or
98 more municipalities or special districts, in any combination
99 thereof, with each other; or the merging of one or more counties
100 with one or more special districts.
101 (7) “Service delivery” means any mechanism used by a unit
102 of local government to provide governmental services.
103 (4)(8) “Newspaper of general circulation” means a newspaper
104 printed in the language most commonly spoken in the area within
105 which it circulates, which is readily available for purchase by
106 all inhabitants in its area of circulation, but does not include
107 a newspaper intended primarily for members of a particular
108 professional or occupational group, a newspaper the primary
109 function of which is to carry legal notices, or a newspaper that
110 is given away primarily to distribute advertising.
111 (5)(9) “Parties affected” means any person owning property
112 or residing in a municipality proposing a formation or in the
113 territory that is proposed for a formation or any governmental
114 unit with jurisdiction over such area.
115 (6)(10) “Qualified voter” means any person registered to
116 vote in accordance with law.
117 (11) “Sufficiency of petition” means the verification of
118 the signatures and addresses of all signers of a petition with
119 the voting list maintained by the county supervisor of elections
120 and certification that the number of valid signatures represents
121 the required percentage of the total number of qualified voters
122 in the area affected by a proposal pursuant to this chapter.
123 Section 2. Paragraph (b) of subsection (1) of section
124 165.041, Florida Statutes, is amended to read:
125 165.041 Incorporation; merger.—
126 (1)
127 (b) To inform the Legislature on the feasibility of a
128 proposed incorporation of a municipality, a feasibility study
129 shall be completed and submitted to the Legislature no later
130 than the first Monday after September 1 of the year 90 days
131 before the first day of the regular session of the Legislature
132 during which the municipal charter would be enacted. The
133 feasibility study shall contain the following:
134 1. The general location of territory subject to boundary
135 change and a map of the area which identifies the proposed
136 change.
137 2. The major reasons for proposing the boundary change.
138 3. The following characteristics of the area:
139 a. A list of the current land use designations applied to
140 the subject area in the county comprehensive plan.
141 b. A list of the current county zoning designations applied
142 to the subject area.
143 c. A general statement of present land use characteristics
144 of the area.
145 d. A description of development being proposed for the
146 territory, if any, and a statement of when actual development is
147 expected to begin, if known.
148 4. A list of all public agencies, such as local
149 governments, school districts, and special districts, whose
150 current boundary falls within the boundary of the territory
151 proposed for the change or reorganization.
152 5. A list of current services being provided within the
153 proposed incorporation area, including, but not limited to,
154 water, sewer, solid waste, transportation, public works, law
155 enforcement, fire and rescue, zoning, street lighting, parks and
156 recreation, and library and cultural facilities, and the
157 estimated costs for each current service.
158 6. A list of proposed services to be provided within the
159 proposed incorporation area, and the estimated cost of such
160 proposed services.
161 7. The names and addresses of three officers or persons
162 submitting the proposal.
163 8. Evidence of fiscal capacity and an organizational plan
164 as it relates to the area seeking incorporation that, at a
165 minimum, includes:
166 a. Existing tax bases, including ad valorem taxable value,
167 utility taxes, sales and use taxes, franchise taxes, license and
168 permit fees, charges for services, fines and forfeitures, and
169 other revenue sources, as appropriate.
170 b. A 5-year operational plan that, at a minimum, includes
171 proposed staffing, building acquisition and construction, debt
172 issuance, and budgets.
173 9. Data and analysis to support the conclusions that
174 incorporation is necessary and financially feasible, including
175 population projections and population density calculations, and
176 an explanation concerning methodologies used for such analysis.
177 10. Evaluation of the alternatives available to the area to
178 address its policy concerns.
179 11. Evidence that the proposed municipality meets the
180 requirements for incorporation pursuant to s. 165.061.
181 Section 3. Section 257.171, Florida Statutes, is amended to
182 read:
183 257.171 Multicounty libraries.—Units of local government,
184 as defined in s. 165.031(1), may establish a multicounty
185 library. The Division of Library and Information Services may
186 establish operating standards and rules under which a
187 multicounty library is eligible to receive state moneys. For a
188 multicounty library, a local government may pay moneys in
189 advance in lump sum from its public funds for the provision of
190 library services only.
191 Section 4. Subsection (8) of section 163.3167, Florida
192 Statutes, is amended to read:
193 163.3167 Scope of act.—
194 (8) An initiative or referendum process in regard to any
195 development order or in regard to any local comprehensive plan
196 amendment or map amendment is prohibited. However, any local
197 government charter provision that was in effect as of June 1,
198 2011, for an initiative or referendum process in regard to
199 development orders or in regard to local comprehensive plan
200 amendments or map amendments may be retained and implemented.
201 Section 5. Municipal conversion of independent special
202 districts upon elector-initiated and approved referendum.—
203 (1) The qualified electors of an independent special
204 district created by judicial decree or a special act of the
205 Legislature, a majority of whose board is popularly elected, may
206 commence a municipal conversion proceeding by filing a petition
207 with the governing body of the independent special district
208 proposing to be converted. The provisions of this section do not
209 apply to a special district created pursuant to chapter 298,
210 Florida Statutes, or a special act, a majority of whose
211 governing board is elected on a one-acre, one-vote basis, unless
212 the governing board consents to conversion, or to a special
213 district in which all or a portion of the district is located
214 within the jurisdictional limits of a municipality.
215 (2)(a) The petition must include signatures of at least 40
216 percent of the qualified electors of the independent special
217 district and must be submitted not later than 1 year after the
218 start of the qualified elector-initiated municipal conversion
219 proceeding.
220 (b) The petition must comply with, and be circulated in,
221 the following form:
222 PETITION FOR MUNICIPAL CONVERSION OF
223 INDEPENDENT SPECIAL DISTRICT
224 We, the undersigned electors and legal voters of
225 (...name of independent special district...),
226 qualified to vote at the next general or special
227 election, respectfully petition that there be
228 submitted to the electors and legal voters of (...name
229 of independent special district proposed to be
230 converted to a municipality...) for their approval or
231 rejection at a referendum held for that purpose, a
232 proposal to convert (...name of independent special
233 district...) and incorporate (...proposed name of
234 municipality...).
235 In witness thereof, we have signed our names on the
236 date indicated next to our signatures.
237 Date Name (print under signature) Home Address
238 ______________________________________________________
239 _____________________________________________________
240 (c) The petition must be validated by a signed statement by
241 a witness who is a duly qualified elector of the independent
242 special district, a notary public, or another person authorized
243 to take acknowledgements.
244 (d) A statement that is signed by a witness who is a duly
245 qualified elector of the district shall be accepted for all
246 purposes as the equivalent of an affidavit. The statement must
247 be in substantially the following form:
248 “I, (...name of witness...), state that I am a duly
249 qualified voter of (...name of independent special
250 district...). Each of the (...insert number...)
251 persons who have signed this petition sheet has signed
252 his or her name in my presence on the dates indicated
253 above and identified himself or herself to be the same
254 person who signed the sheet. I understand that this
255 statement will be accepted for all purposes as the
256 equivalent of an affidavit and, if it contains a
257 materially false statement, shall subject me to the
258 penalties of perjury.”
259 Date Signature of Witness
260 (e) A statement that is signed by a notary public or
261 another person authorized to take acknowledgements must be in
262 substantially the following form:
263 “On the date indicated above before me personally came
264 each of the (...insert number...) electors and legal
265 voters whose signatures appear on this petition sheet,
266 who signed the petition in my presence and who, being
267 by me duly sworn, each for himself or herself,
268 identified himself or herself as the same person who
269 signed the petition, and I declare that the foregoing
270 information they provided was true.”
271 Date Signature of Witness
272 (f) An alteration or correction of information appearing on
273 a petition’s signature line, other than a signature that was not
274 initialed, and date, does not invalidate the signature. In
275 matters of form, this paragraph must be liberally construed, not
276 inconsistent with substantial compliance thereto and the
277 prevention of fraud.
278 (3) The appropriately signed petition must be filed with
279 the governing body of the independent special district. The
280 petition must be submitted to the supervisor of elections of the
281 county in which the district lands are located. The supervisor
282 of elections shall, within 30 business days after receipt of the
283 petition, certify to the governing body the number of signatures
284 of qualified electors contained on the petition.
285 (4) Upon verification by the supervisor of elections of the
286 county within which the independent special district lands are
287 located that 40 percent of the qualified electors have
288 petitioned for municipal conversion and that all such petitions
289 have been executed within 1 year after the date of the
290 initiation of the qualified-elector conversion process, the
291 governing body of the independent special district shall meet
292 within 30 business days to prepare and approve by resolution a
293 proposed elector-initiated combined conversion and incorporation
294 plan. The proposed plan must include:
295 (a) The name of the independent special district to be
296 converted to a municipality.
297 (b) The name of the municipality to be created.
298 (c) The conversion schedule.
299 (d) Notwithstanding s. 165.061(1)(d), Florida Statutes, the
300 municipal boundaries must be certified by a licensed surveyor
301 that the boundaries of the proposed municipality do not overlap
302 with any other municipal boundary and are contained within a
303 single county.
304 (e) The rights, duties, and obligations of the
305 municipality, and a feasibility study which contains the
306 requirements under s. 165.041(1)(b), Florida Statutes, except
307 the provisions of s. 165.061(1)(b)-(d), Florida Statutes, do not
308 apply if the plan and the buildout of the current land use and
309 zoning designations will meet the requirements of s. 163.3177,
310 Florida Statutes.
311 (f) The territorial boundaries of the proposed
312 municipality.
313 (g) The governmental organization of the proposed
314 municipality and independent special district as the
315 organization concerns elected and appointed officials and public
316 employees, along with a transitional plan and schedule for
317 elections and appointments of officials.
318 (h) An accounting of the independent special district’s
319 assets, including, but not limited to, real and personal
320 property, and the current value of the property.
321 (i) An accounting of the independent special district’s
322 liabilities and indebtedness, bonded and otherwise, and the
323 current value of the liabilities and indebtedness.
324 (j) Terms for addressing the ownership and obligations
325 related to existing assets, liabilities, and indebtedness of the
326 independent special district, jointly, separately, or in defined
327 proportions.
328 (k) Terms for the common administration and uniform
329 enforcement of existing laws within the proposed municipality.
330 (l) An estimated date for final payment of any bonded
331 indebtedness of the independent special district, and if
332 maintained by the district after incorporation, the estimated
333 date of automatic dissolution of the independent special
334 district.
335 (m) The time and place for a public hearing on the proposed
336 incorporation.
337 (n) The effective date of the proposed incorporation.
338 (5) The resolution endorsing the proposed elector-initiated
339 municipal incorporation plan must be approved by a majority vote
340 of the governing body of the independent special district and
341 must be adopted at least 60 business days before any general or
342 special election on the proposed elector-initiated plan.
343 (6) Within 5 business days after the independent special
344 district approves the proposed elector-initiated municipal
345 incorporation plan, the governing body must:
346 (a) Cause a copy of the proposed elector-initiated
347 municipal incorporation plan, along with a descriptive summary
348 of the plan, to be displayed and be readily accessible to the
349 public for inspection in at least three public places within the
350 territorial limits of the independent special district, unless
351 the independent special district has fewer than three public
352 places, in which case the plan must be accessible for inspection
353 in all public places within the independent special district.
354 (b) If applicable, cause the proposed elector-initiated
355 municipal incorporation plan, along with a descriptive summary
356 of the plan and a reference to the public places within the
357 independent special district where a copy of the plan may be
358 examined, to be displayed on a website maintained by the
359 district or otherwise on a website maintained by the county in
360 which the district is located.
361 (c) Arrange for a descriptive summary of the proposed
362 elector-initiated municipal incorporation plan, and a reference
363 to the public places within the district where a copy may be
364 examined, to be published in a newspaper of general circulation
365 within the independent special district at least once each week
366 for 4 successive weeks.
367 (7) The governing body of the independent special district
368 shall set a time and place for one or more public hearings on
369 the proposed elector-initiated combined municipal incorporation
370 plan. Each public hearing shall be held on a weekday at least 7
371 business days after the day the first advertisement is published
372 on the proposed elector-initiated merger plan. An interested
373 person residing in the respective district shall be given a
374 reasonable opportunity to be heard on any aspect of the proposed
375 merger at the public hearing.
376 (8) Notice of the final public hearing on the proposed
377 elector-initiated combined municipal incorporation plan must be
378 published pursuant to the notice requirements in s. 189.417,
379 Florida Statutes, and must provide a descriptive summary of the
380 elector-initiated municipal incorporation plan and a reference
381 to the public places within the independent special district
382 where a copy of the plan may be examined.
383 (9) After the final public hearing, the governing body of
384 the independent special district may amend the proposed elector
385 initiated municipal incorporation plan if the amended version
386 complies with the notice and public hearing requirements
387 provided in this section. The governing body shall approve a
388 final version of the plan within 60 business days after the
389 final hearing.
390 (10) After the final public hearing, the governing body
391 must notify the supervisor of elections of the county in which
392 district lands are located of the adoption of the resolution by
393 the governing body. The supervisor of elections shall schedule a
394 date for the referenda for the district.
395 (11) Notice of a referendum on the municipal incorporation
396 of the independent special district must be provided pursuant to
397 the notice requirements in s. 100.342, Florida Statutes. The
398 notice must include:
399 (a) A brief summary of the resolution and elector-initiated
400 municipal incorporation plan;
401 (b) A statement as to where a copy of the resolution and
402 petition for municipal incorporation may be examined;
403 (c) The name of the independent special district to be
404 converted to a municipality and a description of the territory
405 included in the plan;
406 (d) The time and place at which the referendum will be
407 held; and
408 (e) Such other matters as may be necessary to call, provide
409 for, and give notice of the referendum and to provide for the
410 conduct of the referendum and the canvass of the returns.
411 (12) The referenda must be held in accordance with the
412 Florida Election Code and may be held pursuant to ss. 101.6101
413 101.6107, Florida Statutes. The costs associated with the
414 referenda must be borne by the independent special district.
415 (13) The ballot question in the referendum placed before
416 the qualified electors of the independent special district to be
417 incorporated must be in substantially the following form:
418 “Shall (name of independent special district...) be
419 converted into (...name of newly created
420 municipality...), which will assume all authority,
421 powers, rights, and obligations of the district?
422 _____YES
423 _____NO”
424 (14) In any referendum held pursuant to this section, the
425 ballots must be counted, returns made and canvassed, and results
426 certified in the same manner as other elections or referenda for
427 the independent special district.
428 (15) The incorporation plan will not take effect unless a
429 majority of the votes cast in the independent special district
430 are in favor of the plan.
431 (16) If the incorporation plan is approved by a majority of
432 the votes cast in the independent special district, the district
433 shall notify the special district information program pursuant
434 to s. 189.418(2), Florida Statutes, and the local general
435 purpose governments in which any part of the independent special
436 district is situated pursuant to s. 189.418(7), Florida
437 Statutes.
438 (17) If the referendum fails, the conversion process under
439 this paragraph may not be initiated for the same purpose within
440 2 years after the date of the referendum.
441 (18) Independent special districts proposed for conversion
442 under an elector-initiated municipal incorporation plan must
443 continue to be governed as before the approved referendum until
444 the effective date specified in the adopted elector-initiated
445 municipal incorporation plan.
446 (19) The effective date of the incorporation shall be as
447 provided in the elector-initiated combined conversion and
448 incorporation plan, as appropriate, and is not contingent upon a
449 future act of the Legislature.
450 (20) Counties as defined in s. 125.011(1), Florida
451 Statutes, hospital districts, and children’s services districts
452 established pursuant to s. 125.901, Florida Statutes, are not
453 eligible for municipal conversion under this section.
454 Section 6. This act shall take effect upon becoming a law.