HB 1495CS

CHAMBER ACTION



1The Growth Management Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to growth management; creating part II of
7ch. 171, F.S.; providing a popular name; providing
8legislative intent with respect to annexation and the
9coordination of services by local governments; providing
10definitions; providing for the creation of interlocal
11service boundary agreements by a county and one or more
12municipalities or independent special districts;
13specifying the procedures for initiating an agreement and
14responding to a proposal for agreements; identifying
15issues the agreement may address; requiring local
16governments that are a party to the agreement to amend
17their comprehensive plans; providing limitations on the
18review of certain ordinances; providing exception to the
19limitation on plan amendments; specifying those persons
20who may challenge a plan amendment required by the
21agreement; requiring that an agreement be adopted by
22resolution; providing prerequisites to annexation;
23providing a process for annexation; providing options for
24certain annexations; providing for the effect of an
25interlocal service boundary area agreement on the parties
26to the agreement; providing for a transfer of powers;
27authorizing a municipality to provide services within an
28unincorporated area or territory of another municipality;
29authorizing a county to exercise certain powers within a
30municipality; providing for the effect on interlocal
31agreements and county charters; providing a presumption of
32validity; providing a procedure to settle a dispute
33regarding an interlocal service boundary agreement;
34amending s. 171.042, F.S.; revising the time period for
35filing of a report; providing for a cause of action to
36invalidate an annexation; requiring municipalities to
37provide notice of proposed annexation to certain persons;
38amending s. 171.044, F.S.; revising the time period for
39providing a copy of a notice; providing for a cause of
40action to invalidate an annexation; creating s. 171.094,
41F.S.; providing for the effect of interlocal service
42boundary agreements adopted under the act; amending s.
43171.081, F.S.; requiring a governmental entity affected by
44annexation or contraction to initiate conflict resolution
45procedures under certain circumstances; amending s.
46164.1058, F.S.; providing that a governmental entity that
47fails to participate in conflict resolution procedures
48shall be required to pay attorney's fees and costs under
49certain conditions; requesting the Division of Statutory
50Revision to designate parts I and II of ch. 171, F.S.;
51providing an effective date.
52
53Be It Enacted by the Legislature of the State of Florida:
54
55     Section 1.  Part II of chapter 171, Florida Statutes,
56consisting of sections 171.20, 171.201, 171.202, 171.203,
57171.204, 171.205, 171.206, 171.207, 171.208, 171.209, 171.21,
58171.211, and 171.212, is created to read:
59     171.20  Short title.--This part may be cited as the
60"Interlocal Service Boundary Agreement Act."
61     171.201  Legislative intent.--The Legislature intends to
62provide an alternative to part I of this chapter for local
63governments regarding the annexation of territory into a
64municipality and the subtraction of territory from the
65unincorporated area of the county. The principal goal of this
66part is to encourage local governments to jointly determine how
67to provide services to residents and property in the most
68efficient and effective manner while balancing the needs and
69desires of the community. This part is intended to establish a
70more flexible process for adjusting municipal boundaries and to
71address a wider range of annexation impacts. This part is
72intended to encourage intergovernmental coordination in
73planning, service delivery, and boundary adjustments and to
74reduce intergovernmental conflicts and litigation between local
75governments. It is the intent of this part to promote sensible
76boundaries that reduce the costs of local governments, avoid
77local service duplication, and increase political transparency
78and accountability. This part is intended to prevent inefficient
79service delivery and an insufficient tax base to support the
80delivery of those services.
81     171.202  Definitions.--As used in this part, the term:
82     (1)  "Chief administrative officer" means the municipal
83administrator, municipal manager, county manager, county
84administrator, or other officer of the municipality, county, or
85independent special district who reports directly to the
86governing body of the local government.
87     (2)  "Enclave" has the same meaning as provided in s.
88171.031(13).
89     (3)  "Independent special district" means an independent
90special district, as defined in s. 189.403, which provides fire,
91emergency medical, water, wastewater, or stormwater services.
92     (4)  "Initiating county" means a county that commences the
93process for negotiation of an interlocal service boundary
94agreement through the adoption of an initiating resolution.
95     (5)  "Initiating local government" means a county,
96municipality, or independent special district that commences the
97process for negotiation of an interlocal service boundary
98agreement through the adoption of an initiating resolution.
99     (6)  "Initiating municipality" means a municipality that
100commences the process for negotiation of an interlocal service
101boundary agreement through the adoption of an initiating
102resolution.
103     (7)  "Initiating resolution" means a resolution adopted by
104a county, municipality, or independent special district which
105commences the process for negotiation of an interlocal service
106boundary agreement and which identifies the unincorporated area
107and other issues for discussion.
108     (8)  "Interlocal service boundary agreement" means an
109agreement adopted under this part, between a county and one or
110more municipalities, which may include one or more independent
111special districts as parties to the agreement.
112     (9)  "Invited local government" means an invited county,
113municipality, or special district and any other local government
114designated as such in an initiating resolution or a responding
115resolution that invites the local government to participate in
116the negotiation of an interlocal service boundary agreement.
117     (10)  "Invited municipality" means an initiating
118municipality and any other municipality designated as such in an
119initiating resolution or a responding resolution that invites
120the municipality to participate in the negotiation of an
121interlocal service boundary agreement.
122     (11)  "Municipal service area" means one or more of the
123following as designated in an interlocal service boundary
124agreement:
125     (a)  An unincorporated area that has been identified in an
126interlocal service boundary agreement for municipal annexation
127by a municipality that is a party to the agreement.
128     (b)  An unincorporated area that has been identified in an
129interlocal service boundary agreement to receive municipal
130services from a municipality that is a party to the agreement or
131from the municipality's designee.
132     (12)  "Notified local government" means the county or a
133municipality, other than an invited municipality, that receives
134an initiating resolution.
135     (13)  "Participating resolution" means the resolution
136adopted by the initiating local government and the invited local
137government.
138     (14)  "Requesting resolution" means the resolution adopted
139by a municipality seeking to participate in the negotiation of
140an interlocal service boundary agreement.
141     (15)  "Responding resolution" means the resolution adopted
142by the county or an invited municipality which responds to the
143initiating resolution and which may identify an additional
144unincorporated area or another issue for discussion, or both,
145and may designate an additional invited municipality.
146     (16)  "Unincorporated service area" means one or more of
147the following as designated in an interlocal service boundary
148agreement:
149     (a)  An unincorporated area that has been identified in an
150interlocal service boundary agreement and that may not be
151annexed without the consent of the county.
152     (b)  An unincorporated area or incorporated area, or both,
153which have been identified in an interlocal service boundary
154agreement to receive municipal services from a county or its
155designee or an independent special district.
156     171.203  Interlocal service boundary agreement.--The
157governing body of a county and one or more municipalities or
158independent special districts within the county may enter into
159an interlocal service boundary agreement under this part. The
160governing body of a county, municipality, or an independent
161special district may develop a process for reaching an
162interlocal service boundary agreement which provides for public
163participation in a manner that meets or exceeds the requirements
164of subsection (11), or the governing bodies may use the process
165established in this section.
166     (1)  A county, municipality, or an independent special
167district desiring to enter into an interlocal service boundary
168agreement shall commence the negotiation process by adopting an
169initiating resolution. The initiating resolution shall identify
170an unincorporated area or incorporated area, or both, to be
171discussed and the issues to be negotiated. The identified area
172shall be specified in the initiating resolution by a descriptive
173exhibit that includes, but need not be limited to, a map or
174legal description of the designated area. The issues for
175negotiation shall be listed in the initiating resolution and may
176include, but need not be limited to, the issues listed in
177subsection (6). An independent special district may initiate the
178interlocal service boundary agreement for the sole purpose of
179dissolving an independent special district.
180     (a)  The initiating resolution of an initiating county must
181designate one or more invited municipalities. The initiating
182resolution of an initiating municipality may designate an
183invited municipality. The initiating resolution of an
184independent special district shall designate one or more invited
185municipalities and invite the county.
186     (b)  An initiating county shall send the initiating
187resolution by United States certified mail to the chief
188administrative officer of every invited municipality and each
189other municipality within the county. An initiating municipality
190shall send the initiating resolution by United States certified
191mail to the chief administrative officer of the county, the
192invited municipality, if any, and each other municipality within
193the county.
194     (c)  The initiating local government shall also send the
195initiating resolution to the chief administrative officer of
196each independent special district in the unincorporated area
197designated in the initiating resolution.
198     (2)  Within 60 days after the receipt of an initiating
199resolution, the county or the invited municipality, as
200appropriate, shall adopt a responding resolution. The responding
201resolution may identify an additional unincorporated area or
202incorporated area, or both, for discussion and may designate
203additional issues for negotiation. The additional identified
204area, if any, shall be specified in the responding resolution by
205a descriptive exhibit that includes, but need not be limited to,
206a map or legal description of the designated area. The
207additional issues designated for negotiation, if any, shall be
208listed in the responding resolution and may include, but need
209not be limited to, the issues listed in subsection (6). The
210responding resolution may also invite an additional municipality
211to negotiate the interlocal service boundary agreement.
212     (a)  Within 7 days after the adoption of a responding
213resolution, the responding county shall send the responding
214resolution by United States certified mail to the chief
215administrative officer of the initiating municipality, each
216invited municipality, if any, and the independent special
217district that received an initiating resolution.
218     (b)  Within 7 days after the adoption of a responding
219resolution, an invited municipality shall send the responding
220resolution by United States certified mail to the chief
221administrative officer of the initiating county, each invited
222municipality, if any, and each independent special district that
223received an initiating resolution.
224     (c)  An invited municipality that was invited by a
225responding resolution shall adopt a responding resolution in
226accordance with paragraph (b).
227     (d)  Within 60 days after receipt of the initiating
228resolution, any independent special district that received an
229initiating resolution and that desires to participate in the
230negotiations shall adopt a resolution indicating that it intends
231to participate in the negotiation process for the interlocal
232service boundary agreement. Within 7 days after the adoption of
233the resolution, the independent special district shall send the
234resolution by United States certified mail to the chief
235administrative officer of the county, the initiating
236municipality, each invited municipality, if any, and each
237notified local government.
238     (3)  A municipality within the county that is not an
239invited municipality may request participation in the
240negotiations for the interlocal service boundary agreement. Such
241a request shall be accomplished by adopting a requesting
242resolution within 60 days after receipt of the initiating
243resolution or within 10 days after receipt of the responding
244resolution. Within 7 days after adoption of the requesting
245resolution, the requesting municipality shall send the
246resolution by United States certified mail to the chief
247administrative officer of the initiating local government and
248each invited municipality. The county and the invited
249municipality shall consider whether to allow a requesting
250municipality to participate in the negotiations and, if they
251agree, the county and the municipality shall adopt a
252participating resolution allowing the requesting municipality to
253participate in the negotiations.
254     (4)  The county, the invited municipalities, the
255participating municipalities, if any, and the independent
256special districts, if any have adopted a resolution to
257participate, shall begin negotiations within 60 days after
258receipt of the responding resolution or a participating
259resolution, whichever occurs later.
260     (5)  An invited municipality that fails to adopt a
261responding resolution shall be deemed to waive its right to
262participate in the negotiation process and shall be bound by an
263interlocal agreement resulting from such negotiation process, if
264any is reached.
265     (6)  An interlocal service boundary agreement may address
266any issue concerning service delivery, fiscal responsibilities,
267or boundary adjustment. The agreement may include, but need not
268be limited to, provisions that:
269     (a)  Identify a municipal service area.
270     (b)  Identify an unincorporated service area.
271     (c)  Identify the local government responsible for the
272delivery or funding of the following services within the
273municipal service area or the unincorporated service area:
274     1.  Public safety.
275     2.  Fire, emergency rescue, and medical services.
276     3.  Water and wastewater.
277     4.  Road ownership, construction, and maintenance.
278     5.  Conservation, parks, and recreation.
279     6.  Stormwater management and drainage.
280     (d)  Address other services and infrastructure not
281currently provided by an electric utility as defined by s.
282366.02(2) or a natural gas transmission company as defined by s.
283368.103(4), provided nothing in this paragraph shall affect any
284territorial agreement between electric utilities or public
285utilities, as defined in s. 366.02, or affect the determination
286of a territorial dispute by the Florida Public Service
287Commission under the provisions of s. 366.04.
288     (e)  Establish a process and schedule for annexation of an
289area within the designated municipal service area consistent
290with s. 171.205.
291     (f)  Establish a process for land use decisions consistent
292with part II of chapter 163, including those made jointly by the
293governing bodies of the county and the municipality, or allow a
294municipality to adopt land use changes consistent with part II
295of chapter 163 for areas that are scheduled to be annexed within
296the term of the interlocal agreement, provided the county
297comprehensive plan and land development regulations shall
298control until the municipality annexes the property and amends
299its comprehensive plan accordingly. Comprehensive plan
300amendments to incorporate the process established by this
301paragraph shall be exempt from the twice-per-year limitation
302under s. 163.3187.
303     (g)  Address other issues concerning service delivery,
304including the transfer of services and infrastructure and the
305fiscal compensation to one county, municipality, or independent
306special district from another county, municipality, or
307independent special district.
308     (h)  Provide for the joint use of facilities and the
309colocation of services.
310     (i)  Include a requirement for a report to the county of
311the municipality's planned service delivery, as provided in s.
312171.042, or as otherwise determined by agreement.
313     (7)  If the interlocal service boundary agreement addresses
314land use planning responsibilities, the agreement must also
315establish the procedures for the preparation and adoption of
316comprehensive plan amendments, for the administration of land
317development regulations, and for the issuance of development
318orders.
319     (8)  Each local government that is a party to the
320interlocal service boundary agreement shall amend the
321intergovernmental coordination element of its comprehensive
322plan, as defined in s. 163.3177(6)(h)1., no later than 6 months
323following entry of the interlocal service boundary agreement
324consistent with s. 163.3177(6)(h)1. Plan amendments required by
325this subsection are exempt from the twice-per-year limitation
326under s. 163.3187.
327     (9)  An affected person for the purpose of challenging a
328comprehensive plan amendment required by paragraph (6)(f)
329includes persons owning real property residing, owning, or
330operating a business within the boundaries of the municipal
331service area and owners of real property abutting real property
332within the municipal service area that is the subject of the
333comprehensive plan amendment in addition to those affected
334persons who would have standing under s. 163.3184.
335     (10)(a)  A municipality that is a party to an interlocal
336service boundary agreement that identifies an unincorporated
337area for municipal annexation under s. 171.202(10)(a) shall
338adopt a municipal service area as an amendment to its
339comprehensive plan to address future possible municipal
340annexation. The state land planning agency shall review the
341amendment for compliance with part II of chapter 163. A
342municipal service area must contain:
343     1.  A boundary map of the municipal service area.
344     2.  Population projections for the area.
345     3.  Data and analysis supporting the provision of public
346facilities for the area.
347     (b)  This part shall not authorize the state land planning
348agency to review, evaluate, determine, approve, or disapprove a
349municipal ordinance relating to municipal annexation or
350contraction.
351
352A municipality or county may consider the adoption of any
353comprehensive plan amendment required by this subsection without
354regard to the provisions of s. 163.3187(1) regarding the
355frequency of adoption of amendments to the comprehensive plan.
356     (11)  An interlocal service boundary agreement may be for a
357term of 20 years or less. The interlocal service boundary
358agreement shall also include a provision requiring periodic
359review. The interlocal service boundary agreement shall require
360renegotiations to begin at least 18 months before its
361termination date.
362     (12)  No earlier than 6 months after the commencement of
363negotiations, either of the initiating local governments or
364both, the county, or the invited municipality may declare an
365impasse in the negotiations and seek a resolution of the issues
366under ss. 164.1053-164.1057. If the local governments fail to
367agree at the conclusion of the process under chapter 164, the
368local governments shall hold a joint public hearing on the
369issues raised in the negotiations.
370     (13)  When the local governments have reached an interlocal
371service boundary agreement, the county and the municipality
372shall adopt the agreement by ordinance under s. 166.041 or s.
373125.66, respectively. An independent special district, if it
374consents to the agreement, shall adopt the agreement by final
375order, resolution, or other method consistent with its charter.
376The interlocal service boundary agreement shall take effect on
377the day specified in the agreement or, if there is no date, upon
378adoption by the county or the invited municipality, whichever
379occurs later. Nothing in this part shall prohibit a county or
380municipality from adopting an interlocal service boundary
381agreement without the consent of an independent special
382district.
383     (14)  For a period of 6 months following the failure of the
384local governments to consent to an interlocal service boundary
385agreement, the initiating local government may not initiate the
386negotiation process established in this section to require the
387responding local government to negotiate an agreement concerning
388the same identified unincorporated area and the same issues that
389were specified in the failed initiating resolution.
390     (15)  This part does not authorize one local government to
391require another local government to enter into an interlocal
392service boundary agreement. However, when the process for
393negotiating an interlocal service boundary agreement is
394initiated, the local governments shall negotiate in good faith
395to the conclusion of the process established in this section.
396     (16)  This section authorizes local governments to
397simultaneously engage in negotiating more than one interlocal
398service boundary agreement, notwithstanding that separate
399negotiations concern similar or identical unincorporated areas
400and issues.
401     (17)  Elected local government officials are encouraged to
402participate actively and directly in the negotiation process for
403developing an interlocal service boundary agreement.
404     (18)  This part does not impair any existing franchise
405agreement without the consent of the franchisee; any existing
406territorial agreement between electric utilities or public
407utilities, as defined in s. 366.02; or the jurisdiction of the
408Florida Public Service Commission under s. 366.04 to resolve a
409territorial dispute involving electric utilities or public
410utilities in accordance with the criteria set out in s. 366.04.
411An interlocal agreement entered into under this section shall
412have no effect in any territorial dispute proceeding before the
413commission. A municipality or county shall retain all existing
414authority, if any, to negotiate a franchise agreement with any
415private service provider for use of public rights-of-way or the
416privilege of providing a service.
417     (19)  This part does not impair any existing contract
418without the consent of the parties.
419     171.204  Prerequisites to annexation under this part.--The
420interlocal service boundary agreement may describe the character
421of land that may be annexed and may provide that the
422restrictions on the character of land that may be annexed
423pursuant to part I are not restrictions on land that may be
424annexed pursuant to this part. As determined in the interlocal
425service boundary agreement, any character of land may be
426annexed, including, but not limited to, an annexation of land
427not contiguous to the boundaries of the annexing municipality,
428an annexation that creates an enclave, an annexation where the
429annexed area is not reasonably compact; provided, however, such
430area shall meet the definition of urban in character as defined
431in s. 171.031(8). The interlocal service boundary agreement may
432not allow for annexation of land within a municipality that is
433not a party to the agreement or of land that is within another
434county. Prior to annexation of land not contiguous to the
435boundaries of the annexing municipality, or annexation that
436creates an enclave, one of the following options shall be
437followed:
438(1)  The municipality shall transmit a comprehensive plan
439amendment that proposes specific amendments relating to the
440property anticipated for annexation to the Department of
441Community Affairs for review pursuant chapter 163. After
442consideration of the department's review, the municipality may
443approve the annexation and comprehensive plan amendment
444concurrently. Adoption of the annexation and comprehensive plan
445amendment may occur at the same hearing, however, the local
446government must take separate action on the annexation and
447comprehensive plan amendment; or
448(2)  A municipality and county shall enter into a joint
449planning agreement pursuant to s. 163.3171, which is adopted
450into the municipal comprehensive plan. The joint planning
451agreement must identify the geographic areas anticipated for
452annexation; the future land uses which the municipality would
453seek to establish; necessary public facilities and services,
454including transportation and school facilities and how they will
455be provided; and natural resources, including surface water and
456groundwater resources and how they will be protected. Amendments
457to a comprehensive plan's future land use map that are
458consistent with the joint planning agreement shall be considered
459small scale amendments.
460     171.205  Consent requirements for annexation of land under
461this part.--Notwithstanding part I, an interlocal service
462boundary agreement may provide a process for annexation
463consistent with this section or with part I.
464     (1)  For all or a portion of the area within a designated
465municipal service area, the interlocal service boundary
466agreement may provide a flexible process for securing the
467consent of the registered voters who reside in the area proposed
468to be annexed, or property owners, or both, for annexation of
469property within a municipal service area, with notice to the
470registered voters who reside in the area proposed to be annexed,
471or property owners, or both, as required in the interlocal
472service boundary agreement. The interlocal service boundary
473agreement may not authorize annexation unless the consent
474requirements of part I are met or the annexation is consented to
475by one or more of the following:
476     (a)  The municipality has received a petition for
477annexation from more than 50 percent of the registered voters
478who reside in the area proposed to be annexed.
479     (b)  The annexation is approved by a majority of the
480registered voters who reside in the area proposed to be annexed
481voting in a referendum on the annexation.
482     (c)  The municipality has received a petition for
483annexation from more than 50 percent of the property owners
484within the area proposed to be annexed.
485     (2)  For all or a portion of an enclave consisting of more
486than 20 acres within a designated municipal service area, the
487interlocal service boundary agreement may provide a flexible
488process for securing the consent of the registered voters who
489reside in the area proposed to be annexed and property owners in
490order to annex the property, with notice to the registered
491voters who reside in the area proposed to be annexed and
492property owners as required in the interlocal service boundary
493agreement. The interlocal service boundary agreement may not
494authorize annexation of enclaves under this subsection unless
495the consent requirements of part I are met, unless the
496annexation process includes one or more of the procedures in
497subsection (1), or unless the municipality has received a
498petition for annexation from one or more property owners who own
499real property in excess of 50 percent of the total real property
500within the area to be annexed.
501     (3)  For all or a portion of an enclave consisting of 20
502acres or less and with fewer than 100 registered voters within a
503designated municipal service area, the interlocal service
504boundary agreement may provide a flexible process for securing
505the consent of the registered voters who reside in the area
506proposed to be annexed and the property owners in order to annex
507property within a municipal service area, with notice to the
508registered voters who reside in the area proposed to be annexed
509and the property owners as required in the interlocal service
510boundary agreement. Such an annexation process may include one
511or more of the procedures in subsection (1) and may allow
512annexation according to the terms and conditions provided in the
513interlocal service boundary agreement, which may include a
514referendum of the registered voters who reside in the area
515proposed to be annexed.
516     171.206  Effect of interlocal service boundary area
517agreement on annexations.--
518     (1)  An interlocal service boundary agreement is binding on
519the parties to the agreement, and a party may not take any
520action that violates the interlocal service boundary agreement.
521     (2)  Notwithstanding part I, without consent of the county
522and the affected municipality by resolution, a county or an
523invited municipality may not take any action that violates the
524interlocal service boundary agreement.
525     (3)  If the independent special district that participated
526in the negotiation process pursuant to s. 171.203(2)(d) does not
527consent to the interlocal service boundary agreement and a
528municipality annexes an area within the independent special
529district, the municipality may consent to allowing the
530independent special district to receive ad valorem tax revenue
531or the independent special district may seek compensation
532pursuant to s. 171.093.
533     171.207  Transfer of powers.--This part is an alternative
534provision otherwise provided by law, as authorized in s. 4, Art.
535VIII of the State Constitution, for any transfer of power
536resulting from an interlocal service boundary agreement for the
537provision of services or the acquisition of public facilities
538entered into by a county, municipality, independent special
539district, or other entity created pursuant to law.
540     171.208  Municipal extraterritorial power.--This part
541authorizes a municipality to exercise extraterritorial powers
542that include, but are not limited to, the authority to provide
543services and facilities within the unincorporated area or within
544the territory of another municipality as provided within an
545interlocal service boundary agreement. This power is in addition
546to other municipal powers that otherwise exist. This power is
547subject to the jurisdiction of the Florida Public Service
548Commission to resolve territorial disputes under s. 366.04. An
549interlocal agreement shall have no bearing on the resolution of
550a territorial dispute to be determined by the commission.
551     171.209  County incorporated area power.--As provided in an
552interlocal service boundary agreement, this part authorizes a
553county to exercise powers within a municipality that include,
554but are not limited to, the authority to provide services and
555facilities within the territory of a municipality. This power is
556in addition to other county powers that otherwise exist.
557     171.21  Effect of part on interlocal agreement and county
558charter.--A joint planning agreement, a charter provision
559adopted under s. 171.044(4), or any other interlocal agreement
560between local governments including a county, municipality, or
561independent special district is not affected by this part;
562however, the county, municipality, or independent special
563district may avail themselves of this part, which may result in
564the repeal or modification of a joint planning agreement or
565other interlocal agreement.
566     171.211  Interlocal service boundary agreement presumed
567valid and binding.--
568     (1)  If there is litigation over the terms, conditions,
569construction, or enforcement of an interlocal service boundary
570agreement, the agreement shall be presumed valid, and the
571challenger has the burden of proving its invalidity.
572     (2)  Notwithstanding part I, it is the intent of this part
573to authorize a municipality to enter into an interlocal service
574boundary agreement that enhances, restricts, or precludes
575annexations during the term of the agreement.
576     171.212  Disputes regarding construction and effect of an
577interlocal service boundary agreement.--If there is a question
578or dispute about the construction or effect of an interlocal
579service boundary agreement, a local government shall initiate
580and proceed through the conflict resolution procedures
581established in chapter 164. If there is a failure to resolve the
582conflict, no later than 30 days following the conclusion of the
583procedures established in chapter 164, the local government may
584file an action in circuit court. For purposes of this section,
585the term "local government" means a party to the interlocal
586service boundary agreement.
587     Section 2.  Subsection (2) of section 171.042, Florida
588Statutes, is amended, and subsection (3) is added to said
589section, to read:
590     171.042  Prerequisites to annexation.--
591     (2)  Not fewer than 15 days prior to commencing the
592annexation procedures under s. 171.0413, the governing body of
593the municipality shall file a copy of the report required by
594this section with the board of county commissioners of the
595county wherein the municipality is located. The notice provision
596provided in this subsection may be the basis for a cause of
597action invalidating the annexation.
598     (3)  Notice shall be provided by the municipality to the
599affected residents within the proposed area to be annexed.
600     Section 3.  Subsection (6) of section 171.044, Florida
601Statutes, is amended to read:
602     171.044  Voluntary annexation.--
603     (6)  Not fewer than 10 days prior to Upon publishing or
604posting the ordinance notice required under subsection (2), the
605governing body of the municipality must provide a copy of the
606notice, via certified mail, to the board of the county
607commissioners of the county wherein the municipality is located.
608The notice provision provided in this subsection may shall not
609be the basis for a of any cause of action invalidating
610challenging the annexation.
611     Section 4.  Section 171.094, Florida Statutes, is created
612to read:
613     171.094  Effect of interlocal service boundary agreements
614adopted under part II on annexations under this part.--
615     (1)  An interlocal service boundary agreement entered into
616pursuant to part II is binding on the parties to the agreement
617and a party may not take any action that violates the interlocal
618service boundary agreement.
619     (2)  Notwithstanding any other provision of this part,
620without the consent of the county, the affected municipality or
621affected independent special district by resolution, a county,
622an invited municipality or independent special district may not
623take any action that violates an interlocal service boundary
624agreement.
625     Section 5.  Section 171.081, Florida Statutes, is amended
626to read:
627     171.081  Appeal on annexation or contraction.--
628     (1)  No later than 30 days following the passage of an
629annexation or contraction ordinance, Any party affected who
630believes that he or she will suffer material injury by reason of
631the failure of the municipal governing body to comply with the
632procedures set forth in this chapter for annexation or
633contraction or to meet the requirements established for
634annexation or contraction as they apply to his or her property
635may file a petition in the circuit court for the county in which
636the municipality or municipalities are located seeking review by
637certiorari. The action may be initiated at the party's option
638either within 30 days following the passage of the annexation or
639contraction ordinance or within 30 days following the completion
640of the dispute resolution process in subsection (2). In any
641action instituted pursuant to this subsection section, the
642complainant, should he or she prevail, shall be entitled to
643reasonable costs and attorney's fees.
644     (2)  If the affected party is a governmental entity, no
645later than 30 days following the passage of an annexation or
646contraction ordinance, the governmental entity must initiate and
647proceed through the conflict resolution procedures established
648in chapter 164. If there is a failure to resolve the conflict,
649no later than 30 days following the conclusion of the procedures
650established in chapter 164, the governmental entity that
651initiated the conflict resolution procedures may file a petition
652in the circuit court for the county in which the municipality or
653municipalities are located seeking review by certiorari. In any
654legal action instituted pursuant to this subsection, the
655prevailing party is entitled to reasonable costs and attorney's
656fees.
657     Section 6.  Section 164.1058, Florida Statutes, is amended
658to read:
659     164.1058  Penalty.--If a primary conflicting governmental
660entity which has received notice of intent to initiate the
661conflict resolution procedure pursuant to this act fails to
662participate in good faith in the conflict assessment meeting,
663mediation, or other remedies provided for in this act, and the
664initiating governmental entity files suit and is the prevailing
665party in such suit, the primary disputing governmental entity
666that which failed to participate in good faith shall be required
667to pay the attorney's fees and costs in that proceeding of the
668prevailing primary conflicting governmental entity which
669initiated the conflict resolution procedure.
670     Section 7.  The Division of Statutory Revision is requested
671to designate sections 171.011-171.094, Florida Statutes, as part
672I of chapter 171, Florida Statutes, and sections 171.20-171.212,
673Florida Statutes, as created by this act, as part II of chapter
674171, Florida Statutes.
675     Section 8.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.