HB 1495CS

CHAMBER ACTION



1The Local Government Council 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.
46163.01, F.S.; providing alternative filing location
47authorization for interlocal agreements and amendments
48under certain circumstances; amending s. 164.1058, F.S.;
49providing that a governmental entity that fails to
50participate in conflict resolution procedures shall be
51required to pay attorney's fees and costs under certain
52conditions; requesting the Division of Statutory Revision
53to designate parts I and II of ch. 171, F.S.; providing an
54effective date.
55
56Be It Enacted by the Legislature of the State of Florida:
57
58     Section 1.  Part II of chapter 171, Florida Statutes,
59consisting of sections 171.20, 171.201, 171.202, 171.203,
60171.204, 171.205, 171.206, 171.207, 171.208, 171.209, 171.21,
61171.211, and 171.212, is created to read:
62     171.20  Short title.--This part may be cited as the
63"Interlocal Service Boundary Agreement Act."
64     171.201  Legislative intent.--The Legislature intends to
65provide an alternative to part I of this chapter for local
66governments regarding the annexation of territory into a
67municipality and the subtraction of territory from the
68unincorporated area of the county. The principal goal of this
69part is to encourage local governments to jointly determine how
70to provide services to residents and property in the most
71efficient and effective manner while balancing the needs and
72desires of the community. This part is intended to establish a
73more flexible process for adjusting municipal boundaries and to
74address a wider range of annexation impacts. This part is
75intended to encourage intergovernmental coordination in
76planning, service delivery, and boundary adjustments and to
77reduce intergovernmental conflicts and litigation between local
78governments. It is the intent of this part to promote sensible
79boundaries that reduce the costs of local governments, avoid
80local service duplication, and increase political transparency
81and accountability. This part is intended to prevent inefficient
82service delivery and an insufficient tax base to support the
83delivery of those services.
84     171.202  Definitions.--As used in this part, the term:
85     (1)  "Chief administrative officer" means the municipal
86administrator, municipal manager, county manager, county
87administrator, or other officer of the municipality, county, or
88independent special district who reports directly to the
89governing body of the local government.
90     (2)  "Enclave" has the same meaning as provided in s.
91171.031(13).
92     (3)  "Independent special district" means an independent
93special district, as defined in s. 189.403, which provides fire,
94emergency medical, water, wastewater, or stormwater services.
95     (4)  "Initiating county" means a county that commences the
96process for negotiation of an interlocal service boundary
97agreement through the adoption of an initiating resolution.
98     (5)  "Initiating local government" means a county,
99municipality, or independent special district that commences the
100process for negotiation of an interlocal service boundary
101agreement through the adoption of an initiating resolution.
102     (6)  "Initiating municipality" means a municipality that
103commences the process for negotiation of an interlocal service
104boundary agreement through the adoption of an initiating
105resolution.
106     (7)  "Initiating resolution" means a resolution adopted by
107a county, municipality, or independent special district which
108commences the process for negotiation of an interlocal service
109boundary agreement and which identifies the unincorporated area
110and other issues for discussion.
111     (8)  "Interlocal service boundary agreement" means an
112agreement adopted under this part, between a county and one or
113more municipalities, which may include one or more independent
114special districts as parties to the agreement.
115     (9)  "Invited local government" means an invited county,
116municipality, or special district and any other local government
117designated as such in an initiating resolution or a responding
118resolution that invites the local government to participate in
119the negotiation of an interlocal service boundary agreement.
120     (10)  "Invited municipality" means an initiating
121municipality and any other municipality designated as such in an
122initiating resolution or a responding resolution that invites
123the municipality to participate in the negotiation of an
124interlocal service boundary agreement.
125     (11)  "Municipal service area" means one or more of the
126following as designated in an interlocal service boundary
127agreement:
128     (a)  An unincorporated area that has been identified in an
129interlocal service boundary agreement for municipal annexation
130by a municipality that is a party to the agreement.
131     (b)  An unincorporated area that has been identified in an
132interlocal service boundary agreement to receive municipal
133services from a municipality that is a party to the agreement or
134from the municipality's designee.
135     (12)  "Notified local government" means the county or a
136municipality, other than an invited municipality, that receives
137an initiating resolution.
138     (13)  "Participating resolution" means the resolution
139adopted by the initiating local government and the invited local
140government.
141     (14)  "Requesting resolution" means the resolution adopted
142by a municipality seeking to participate in the negotiation of
143an interlocal service boundary agreement.
144     (15)  "Responding resolution" means the resolution adopted
145by the county or an invited municipality which responds to the
146initiating resolution and which may identify an additional
147unincorporated area or another issue for discussion, or both,
148and may designate an additional invited municipality or
149independent special district.
150     (16)  "Unincorporated service area" means one or more of
151the following as designated in an interlocal service boundary
152agreement:
153     (a)  An unincorporated area that has been identified in an
154interlocal service boundary agreement and that may not be
155annexed without the consent of the county.
156     (b)  An unincorporated area or incorporated area, or both,
157which have been identified in an interlocal service boundary
158agreement to receive municipal services from a county or its
159designee or an independent special district.
160     171.203  Interlocal service boundary agreement.--The
161governing body of a county and one or more municipalities or
162independent special districts within the county may enter into
163an interlocal service boundary agreement under this part. The
164governing body of a county, municipality, or an independent
165special district may develop a process for reaching an
166interlocal service boundary agreement which provides for public
167participation in a manner that meets or exceeds the requirements
168of subsection (11), or the governing bodies may use the process
169established in this section.
170     (1)  A county, municipality, or an independent special
171district desiring to enter into an interlocal service boundary
172agreement shall commence the negotiation process by adopting an
173initiating resolution. The initiating resolution shall identify
174an unincorporated area or incorporated area, or both, to be
175discussed and the issues to be negotiated. The identified area
176shall be specified in the initiating resolution by a descriptive
177exhibit that includes, but need not be limited to, a map or
178legal description of the designated area. The issues for
179negotiation shall be listed in the initiating resolution and may
180include, but need not be limited to, the issues listed in
181subsection (6). An independent special district may initiate the
182interlocal service boundary agreement for the purposes of
183dissolving an independent special district or removing more than
18410 percent of the taxable or assessable value of an independent
185special district.
186     (a)  The initiating resolution of an initiating county must
187designate one or more invited municipalities. The initiating
188resolution of an initiating municipality may designate an
189invited municipality. The initiating resolution of an
190independent special district shall designate one or more invited
191municipalities and invite the county.
192     (b)  An initiating county shall send the initiating
193resolution by United States certified mail to the chief
194administrative officer of every invited municipality and each
195other municipality within the county. An initiating municipality
196shall send the initiating resolution by United States certified
197mail to the chief administrative officer of the county, the
198invited municipality, if any, and each other municipality within
199the county.
200     (c)  The initiating local government shall also send the
201initiating resolution to the chief administrative officer of
202each independent special district in the unincorporated area
203designated in the initiating resolution.
204     (2)  Within 60 days after the receipt of an initiating
205resolution, the county or the invited municipality, as
206appropriate, shall adopt a responding resolution. The responding
207resolution may identify an additional unincorporated area or
208incorporated area, or both, for discussion and may designate
209additional issues for negotiation. The additional identified
210area, if any, shall be specified in the responding resolution by
211a descriptive exhibit that includes, but need not be limited to,
212a map or legal description of the designated area. The
213additional issues designated for negotiation, if any, shall be
214listed in the responding resolution and may include, but need
215not be limited to, the issues listed in subsection (6). The
216responding resolution may also invite an additional municipality
217or independent special district to negotiate the interlocal
218service boundary agreement.
219     (a)  Within 7 days after the adoption of a responding
220resolution, the responding county shall send the responding
221resolution by United States certified mail to the chief
222administrative officer of the initiating municipality, each
223invited municipality, if any, and the independent special
224district that received an initiating resolution.
225     (b)  Within 7 days after the adoption of a responding
226resolution, an invited municipality shall send the responding
227resolution by United States certified mail to the chief
228administrative officer of the initiating county, each invited
229municipality, if any, and each independent special district that
230received an initiating resolution.
231     (c)  An invited municipality that was invited by a
232responding resolution shall adopt a responding resolution in
233accordance with paragraph (b).
234     (d)  Within 60 days after receipt of the initiating
235resolution, any independent special district that received an
236initiating resolution and that desires to participate in the
237negotiations shall adopt a resolution indicating that it intends
238to participate in the negotiation process for the interlocal
239service boundary agreement. Within 7 days after the adoption of
240the resolution, the independent special district shall send the
241resolution by United States certified mail to the chief
242administrative officer of the county, the initiating
243municipality, each invited municipality, if any, and each
244notified local government.
245     (3)  A municipality within the county that is not an
246invited municipality may request participation in the
247negotiations for the interlocal service boundary agreement. Such
248a request shall be accomplished by adopting a requesting
249resolution within 60 days after receipt of the initiating
250resolution or within 10 days after receipt of the responding
251resolution. Within 7 days after adoption of the requesting
252resolution, the requesting municipality shall send the
253resolution by United States certified mail to the chief
254administrative officer of the initiating local government and
255each invited municipality. The county and the invited
256municipality shall consider whether to allow a requesting
257municipality to participate in the negotiations and, if they
258agree, the county and the municipality shall adopt a
259participating resolution allowing the requesting municipality to
260participate in the negotiations.
261     (4)  The county, the invited municipalities, the
262participating municipalities, if any, and the independent
263special districts, if any have adopted a resolution to
264participate, shall begin negotiations within 60 days after
265receipt of the responding resolution or a participating
266resolution, whichever occurs later.
267     (5)  An invited municipality that fails to adopt a
268responding resolution shall be deemed to waive its right to
269participate in the negotiation process and shall be bound by an
270interlocal agreement resulting from such negotiation process, if
271any is reached.
272     (6)  An interlocal service boundary agreement may address
273any issue concerning service delivery, fiscal responsibilities,
274or boundary adjustment. The agreement may include, but need not
275be limited to, provisions that:
276     (a)  Identify a municipal service area.
277     (b)  Identify an unincorporated service area.
278     (c)  Identify the local government responsible for the
279delivery or funding of the following services within the
280municipal service area or the unincorporated service area:
281     1.  Public safety.
282     2.  Fire, emergency rescue, and medical services.
283     3.  Water and wastewater.
284     4.  Road ownership, construction, and maintenance.
285     5.  Conservation, parks, and recreation.
286     6.  Stormwater management and drainage.
287     (d)  Address other services and infrastructure not
288currently provided by an electric utility as defined by s.
289366.02(2) or a natural gas transmission company as defined by s.
290368.103(4), provided nothing in this paragraph shall affect any
291territorial agreement between electric utilities or public
292utilities, as defined in s. 366.02, or affect the determination
293of a territorial dispute by the Florida Public Service
294Commission under the provisions of s. 366.04.
295     (e)  Establish a process and schedule for annexation of an
296area within the designated municipal service area consistent
297with s. 171.205.
298     (f)  Establish a process for land use decisions consistent
299with part II of chapter 163, including those made jointly by the
300governing bodies of the county and the municipality, or allow a
301municipality to adopt land use changes consistent with part II
302of chapter 163 for areas that are scheduled to be annexed within
303the term of the interlocal agreement, provided the county
304comprehensive plan and land development regulations shall
305control until the municipality annexes the property and amends
306its comprehensive plan accordingly. Comprehensive plan
307amendments to incorporate the process established by this
308paragraph shall be exempt from the twice-per-year limitation
309under s. 163.3187.
310     (g)  Address other issues concerning service delivery,
311including the transfer of services and infrastructure and the
312fiscal compensation to one county, municipality, or independent
313special district from another county, municipality, or
314independent special district.
315     (h)  Provide for the joint use of facilities and the
316colocation of services.
317     (i)  Include a requirement for a report to the county of
318the municipality's planned service delivery, as provided in s.
319171.042, or as otherwise determined by agreement.
320     (j)  Establish a procedure by which the local government
321responsible for water and wastewater services shall, within 30
322days after the annexation or subtraction of territory, apply for
323any necessary permit modifications to reflect changes in surface
324water management operating entity responsibilities pursuant to
325permits of water management districts or the Department of
326Environmental Protection.
327     (7)  If the interlocal service boundary agreement addresses
328land use planning responsibilities, the agreement must also
329establish the procedures for the preparation and adoption of
330comprehensive plan amendments, for the administration of land
331development regulations, and for the issuance of development
332orders.
333     (8)  Each local government that is a party to the
334interlocal service boundary agreement shall amend the
335intergovernmental coordination element of its comprehensive
336plan, as defined in s. 163.3177(6)(h)1., no later than 6 months
337following entry of the interlocal service boundary agreement
338consistent with s. 163.3177(6)(h)1. Plan amendments required by
339this subsection are exempt from the twice-per-year limitation
340under s. 163.3187.
341     (9)  An affected person for the purpose of challenging a
342comprehensive plan amendment required by paragraph (6)(f)
343includes persons owning real property residing, owning, or
344operating a business within the boundaries of the municipal
345service area and owners of real property abutting real property
346within the municipal service area that is the subject of the
347comprehensive plan amendment in addition to those affected
348persons who would have standing under s. 163.3184.
349     (10)(a)  A municipality that is a party to an interlocal
350service boundary agreement that identifies an unincorporated
351area for municipal annexation under s. 171.202(10)(a) shall
352adopt a municipal service area as an amendment to its
353comprehensive plan to address future possible municipal
354annexation. The state land planning agency shall review the
355amendment for compliance with part II of chapter 163. A
356municipal service area must contain:
357     1.  A boundary map of the municipal service area.
358     2.  Population projections for the area.
359     3.  Data and analysis supporting the provision of public
360facilities for the area.
361     (b)  This part shall not authorize the state land planning
362agency to review, evaluate, determine, approve, or disapprove a
363municipal ordinance relating to municipal annexation or
364contraction.
365
366A municipality or county may consider the adoption of any
367comprehensive plan amendment required by this subsection without
368regard to the provisions of s. 163.3187(1) regarding the
369frequency of adoption of amendments to the comprehensive plan.
370     (11)  An interlocal service boundary agreement may be for a
371term of 20 years or less. The interlocal service boundary
372agreement shall also include a provision requiring periodic
373review. The interlocal service boundary agreement shall require
374renegotiations to begin at least 18 months before its
375termination date.
376     (12)  No earlier than 6 months after the commencement of
377negotiations, either of the initiating local governments or
378both, the county, or the invited municipality may declare an
379impasse in the negotiations and seek a resolution of the issues
380under ss. 164.1053-164.1057. If the local governments fail to
381agree at the conclusion of the process under chapter 164, the
382local governments shall hold a joint public hearing on the
383issues raised in the negotiations.
384     (13)  When the local governments have reached an interlocal
385service boundary agreement, the county and the municipality
386shall adopt the agreement by ordinance under s. 166.041 or s.
387125.66, respectively. An independent special district, if it
388consents to the agreement, shall adopt the agreement by final
389order, resolution, or other method consistent with its charter.
390The interlocal service boundary agreement shall take effect on
391the day specified in the agreement or, if there is no date, upon
392adoption by the county or the invited municipality, whichever
393occurs later. Nothing in this part shall prohibit a county or
394municipality from adopting an interlocal service boundary
395agreement without the consent of an independent special
396district, unless the agreement provides for the dissolving of an
397independent special district or removing more than 10 percent of
398the taxable or assessable value of an independent special
399district.
400     (14)  For a period of 6 months following the failure of the
401local governments to consent to an interlocal service boundary
402agreement, the initiating local government may not initiate the
403negotiation process established in this section to require the
404responding local government to negotiate an agreement concerning
405the same identified unincorporated area and the same issues that
406were specified in the failed initiating resolution.
407     (15)  This part does not authorize one local government to
408require another local government to enter into an interlocal
409service boundary agreement. However, when the process for
410negotiating an interlocal service boundary agreement is
411initiated, the local governments shall negotiate in good faith
412to the conclusion of the process established in this section.
413     (16)  This section authorizes local governments to
414simultaneously engage in negotiating more than one interlocal
415service boundary agreement, notwithstanding that separate
416negotiations concern similar or identical unincorporated areas
417and issues.
418     (17)  Elected local government officials are encouraged to
419participate actively and directly in the negotiation process for
420developing an interlocal service boundary agreement.
421     (18)  This part does not impair any existing franchise
422agreement without the consent of the franchisee; any existing
423territorial agreement between electric utilities or public
424utilities, as defined in s. 366.02; or the jurisdiction of the
425Florida Public Service Commission under s. 366.04 to resolve a
426territorial dispute involving electric utilities or public
427utilities in accordance with the criteria set out in s. 366.04.
428An interlocal agreement entered into under this section shall
429have no effect in any territorial dispute proceeding before the
430commission. A municipality or county shall retain all existing
431authority, if any, to negotiate a franchise agreement with any
432private service provider for use of public rights-of-way or the
433privilege of providing a service.
434     (19)  This part does not impair any existing contract
435without the consent of the parties.
436     171.204  Prerequisites to annexation under this part.--The
437interlocal service boundary agreement may describe the character
438of land that may be annexed and may provide that the
439restrictions on the character of land that may be annexed
440pursuant to part I are not restrictions on land that may be
441annexed pursuant to this part. As determined in the interlocal
442service boundary agreement, any character of land may be
443annexed, including, but not limited to, an annexation of land
444not contiguous to the boundaries of the annexing municipality,
445an annexation that creates an enclave, an annexation where the
446annexed area is not reasonably compact; provided, however, such
447area shall meet the definition of urban in character as defined
448in s. 171.031(8). The interlocal service boundary agreement may
449not allow for annexation of land within a municipality that is
450not a party to the agreement or of land that is within another
451county. Prior to annexation of land not contiguous to the
452boundaries of the annexing municipality, or annexation that
453creates an enclave, or an annexation of land not currently
454served by water and sewer utilities, one of the following
455options shall be followed:
456     (1)  The municipality shall transmit a comprehensive plan
457amendment that proposes specific amendments relating to the
458property anticipated for annexation to the Department of
459Community Affairs for review pursuant chapter 163. After
460consideration of the department's review, the municipality may
461approve the annexation and comprehensive plan amendment
462concurrently. Adoption of the annexation and comprehensive plan
463amendment may occur at the same hearing, however, the local
464government must take separate action on the annexation and
465comprehensive plan amendment; or
466     (2)  A municipality and county shall enter into a joint
467planning agreement pursuant to s. 163.3171, which is adopted
468into the municipal comprehensive plan. The joint planning
469agreement must identify the geographic areas anticipated for
470annexation; the future land uses which the municipality would
471seek to establish; necessary public facilities and services,
472including transportation and school facilities and how they will
473be provided; and natural resources, including surface water and
474groundwater resources and how they will be protected. Amendments
475to a comprehensive plan's future land use map that are
476consistent with the joint planning agreement shall be considered
477small scale amendments.
478     171.205  Consent requirements for annexation of land under
479this part.--Notwithstanding part I, an interlocal service
480boundary agreement may provide a process for annexation
481consistent with this section or with part I.
482     (1)  For all or a portion of the area within a designated
483municipal service area, the interlocal service boundary
484agreement may provide a flexible process for securing the
485consent of the registered voters who reside in the area proposed
486to be annexed, or property owners, or both, for annexation of
487property within a municipal service area, with notice to the
488registered voters who reside in the area proposed to be annexed,
489or property owners, or both, as required in the interlocal
490service boundary agreement. The interlocal service boundary
491agreement may not authorize annexation unless the consent
492requirements of part I are met or the annexation is consented to
493by one or more of the following:
494     (a)  The municipality has received a petition for
495annexation from more than 50 percent of the registered voters
496who reside in the area proposed to be annexed.
497     (b)  The annexation is approved by a majority of the
498registered voters who reside in the area proposed to be annexed
499voting in a referendum on the annexation.
500     (c)  The municipality has received a petition for
501annexation from more than 50 percent of the property owners
502within the area proposed to be annexed.
503     (2)  If the area to be annexed includes a privately owned
504solid waste disposal facility as defined in s. 403.703(11) which
505receives municipal solid waste collected within the jurisdiction
506of multiple local governments, the annexing municipality must
507set forth in its plan the impacts the annexation of the solid
508waste disposal facility will have on the other local
509governments. The plan must also indicate that the owner of the
510affected solid waste disposal facility has been contacted in
511writing concerning the annexation, that an agreement between the
512annexing municipality and the solid waste disposal facility to
513govern the operations of the solid waste disposal facility
514should the annexation occur has been approved, and that the
515owner of the solid waste disposal facility does not object to
516the proposed annexation.
517     (3)  For all or a portion of an enclave consisting of 20
518acres or less and with fewer than 100 registered voters within a
519designated municipal service area, the interlocal service
520boundary agreement may provide a flexible process for securing
521the consent of the registered voters who reside in the area
522proposed to be annexed and the property owners in order to annex
523property within a municipal service area, with notice to the
524registered voters who reside in the area proposed to be annexed
525and the property owners as required in the interlocal service
526boundary agreement. Such an annexation process may include one
527or more of the procedures in subsection (1) and may allow
528annexation according to the terms and conditions provided in the
529interlocal service boundary agreement, which may include a
530referendum of the registered voters who reside in the area
531proposed to be annexed.
532     171.206  Effect of interlocal service boundary area
533agreement on annexations.--
534     (1)  An interlocal service boundary agreement is binding on
535the parties to the agreement, and a party may not take any
536action that violates the interlocal service boundary agreement.
537     (2)  Notwithstanding part I, without consent of the county
538and the affected municipality by resolution, a county or an
539invited municipality may not take any action that violates the
540interlocal service boundary agreement.
541     (3)  If the independent special district that participated
542in the negotiation process pursuant to s. 171.203(2)(d) does not
543consent to the interlocal service boundary agreement and a
544municipality annexes an area within the independent special
545district, the municipality may consent to allowing the
546independent special district to receive ad valorem tax revenue
547or the independent special district may seek compensation
548pursuant to s. 171.093.
549     171.207  Transfer of powers.--This part is an alternative
550provision otherwise provided by law, as authorized in s. 4, Art.
551VIII of the State Constitution, for any transfer of power
552resulting from an interlocal service boundary agreement for the
553provision of services or the acquisition of public facilities
554entered into by a county, municipality, independent special
555district, or other entity created pursuant to law.
556     171.208  Municipal extraterritorial power.--This part
557authorizes a municipality to exercise extraterritorial powers
558that include, but are not limited to, the authority to provide
559services and facilities within the unincorporated area or within
560the territory of another municipality as provided within an
561interlocal service boundary agreement. This power is in addition
562to other municipal powers that otherwise exist. This power is
563subject to the jurisdiction of the Florida Public Service
564Commission to resolve territorial disputes under s. 366.04. An
565interlocal agreement shall have no bearing on the resolution of
566a territorial dispute to be determined by the commission.
567     171.209  County incorporated area power.--As provided in an
568interlocal service boundary agreement, this part authorizes a
569county to exercise powers within a municipality that include,
570but are not limited to, the authority to provide services and
571facilities within the territory of a municipality. This power is
572in addition to other county powers that otherwise exist.
573     171.21  Effect of part on interlocal agreement and county
574charter.--A joint planning agreement, a charter provision
575adopted under s. 171.044(4), or any other interlocal agreement
576between local governments including a county, municipality, or
577independent special district is not affected by this part;
578however, the county, municipality, or independent special
579district may avail themselves of this part, which may result in
580the repeal or modification of a joint planning agreement or
581other interlocal agreement. The local governments within a
582county that has adopted a charter provision pursuant to s.
583171.044(4) may avail themselves of this part, provided the
584interlocal agreement is not in conflict with the approved
585charter.
586     171.211  Interlocal service boundary agreement presumed
587valid and binding.--
588     (1)  If there is litigation over the terms, conditions,
589construction, or enforcement of an interlocal service boundary
590agreement, the agreement shall be presumed valid, and the
591challenger has the burden of proving its invalidity.
592     (2)  Notwithstanding part I, it is the intent of this part
593to authorize a municipality to enter into an interlocal service
594boundary agreement that enhances, restricts, or precludes
595annexations during the term of the agreement.
596     171.212  Disputes regarding construction and effect of an
597interlocal service boundary agreement.--If there is a question
598or dispute about the construction or effect of an interlocal
599service boundary agreement, a local government shall initiate
600and proceed through the conflict resolution procedures
601established in chapter 164. If there is a failure to resolve the
602conflict, no later than 30 days following the conclusion of the
603procedures established in chapter 164, the local government may
604file an action in circuit court. For purposes of this section,
605the term "local government" means a party to the interlocal
606service boundary agreement.
607     Section 2.  Subsection (2) of section 171.042, Florida
608Statutes, is amended, and subsection (3) is added to said
609section, to read:
610     171.042  Prerequisites to annexation.--
611     (2)  Not fewer than 15 days prior to commencing the
612annexation procedures under s. 171.0413, the governing body of
613the municipality shall file a copy of the report required by
614this section with the board of county commissioners of the
615county wherein the municipality is located. The notice provision
616provided in this subsection may be the basis for a cause of
617action invalidating the annexation.
618     (3)  Notice shall be provided by the municipality to the
619affected residents within the proposed area to be annexed.
620     Section 3.  Subsection (6) of section 171.044, Florida
621Statutes, is amended to read:
622     171.044  Voluntary annexation.--
623     (6)  Not fewer than 10 days prior to Upon publishing or
624posting the ordinance notice required under subsection (2), the
625governing body of the municipality must provide a copy of the
626notice, via certified mail, to the board of the county
627commissioners of the county wherein the municipality is located.
628The notice provision provided in this subsection may shall not
629be the basis for a of any cause of action invalidating
630challenging the annexation.
631     Section 4.  Section 171.094, Florida Statutes, is created
632to read:
633     171.094  Effect of interlocal service boundary agreements
634adopted under part II on annexations under this part.--
635     (1)  An interlocal service boundary agreement entered into
636pursuant to part II is binding on the parties to the agreement
637and a party may not take any action that violates the interlocal
638service boundary agreement.
639     (2)  Notwithstanding any other provision of this part,
640without the consent of the county, the affected municipality or
641affected independent special district by resolution, a county,
642an invited municipality or independent special district may not
643take any action that violates an interlocal service boundary
644agreement.
645     Section 5.  Section 171.081, Florida Statutes, is amended
646to read:
647     171.081  Appeal on annexation or contraction.--
648     (1)  No later than 30 days following the passage of an
649annexation or contraction ordinance, Any party affected who
650believes that he or she will suffer material injury by reason of
651the failure of the municipal governing body to comply with the
652procedures set forth in this chapter for annexation or
653contraction or to meet the requirements established for
654annexation or contraction as they apply to his or her property
655may file a petition in the circuit court for the county in which
656the municipality or municipalities are located seeking review by
657certiorari. The action may be initiated at the party's option
658either within 30 days following the passage of the annexation or
659contraction ordinance or within 30 days following the completion
660of the dispute resolution process in subsection (2). In any
661action instituted pursuant to this subsection section, the
662complainant, should he or she prevail, shall be entitled to
663reasonable costs and attorney's fees.
664     (2)  If the affected party is a governmental entity, no
665later than 30 days following the passage of an annexation or
666contraction ordinance, the governmental entity must initiate and
667proceed through the conflict resolution procedures established
668in chapter 164. If there is a failure to resolve the conflict,
669no later than 30 days following the conclusion of the procedures
670established in chapter 164, the governmental entity that
671initiated the conflict resolution procedures may file a petition
672in the circuit court for the county in which the municipality or
673municipalities are located seeking review by certiorari. In any
674legal action instituted pursuant to this subsection, the
675prevailing party is entitled to reasonable costs and attorney's
676fees.
677     Section 6.  Subsection (11) of section 163.01, Florida
678Statutes, is amended to read:
679     163.01  Florida Interlocal Cooperation Act of 1969.--
680     (11)  Prior to its effectiveness, an interlocal agreement
681and subsequent amendments thereto shall be filed with the clerk
682of the circuit court of each county where a party to the
683agreement is located, provided, if the parties to the agreement
684are located in multiple counties and the agreement, pursuant to
685s. 163.01(7), provides for a separate legal entity or
686administrative entity to administer the agreement, the
687interlocal agreement and any amendments to the agreement may be
688filed with the clerk of the circuit court in the county in which
689the legal or administrative entity maintains its principal place
690of business.
691     Section 7.  Section 164.1058, Florida Statutes, is amended
692to read:
693     164.1058  Penalty.--If a primary conflicting governmental
694entity which has received notice of intent to initiate the
695conflict resolution procedure pursuant to this act fails to
696participate in good faith in the conflict assessment meeting,
697mediation, or other remedies provided for in this act, and the
698initiating governmental entity files suit and is the prevailing
699party in such suit, the primary disputing governmental entity
700that which failed to participate in good faith shall be required
701to pay the attorney's fees and costs in that proceeding of the
702prevailing primary conflicting governmental entity which
703initiated the conflict resolution procedure.
704     Section 8.  The Division of Statutory Revision is requested
705to designate sections 171.011-171.094, Florida Statutes, as part
706I of chapter 171, Florida Statutes, and sections 171.20-171.212,
707Florida Statutes, as created by this act, as part II of chapter
708171, Florida Statutes.
709     Section 9.  This act shall take effect upon becoming a law.


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