HB 1357

1
A bill to be entitled
2An act relating to growth management; creating part II of
3ch. 171, F.S., the "Interlocal Service Boundary Agreement
4Act"; providing legislative intent with respect to
5annexation and the coordination of services by local
6governments; providing definitions; providing for the
7creation of interlocal service boundary agreements by a
8county and one or more municipalities or independent
9special districts; specifying the procedures for
10initiating an agreement and responding to a proposal for
11agreements; identifying issues the agreement may or must
12address; requiring local governments that are a party to
13the agreement to amend their comprehensive plans;
14providing for review of the amendment by the state land
15planning agency; providing an exception to the limitation
16on plan amendments; specifying those persons who may
17challenge a plan amendment required by the agreement;
18providing for negotiation and adoption of the agreement;
19providing for preservation of certain agreements and
20powers regarding utility services; providing for
21preservation of existing contracts; providing
22prerequisites to annexation; providing a process for
23annexation; providing for the effect of an interlocal
24service boundary area agreement on the parties to the
25agreement; providing for a transfer of powers; authorizing
26a municipality to provide services within an
27unincorporated area or territory of another municipality;
28authorizing a county to exercise certain powers within a
29municipality; providing for effect on interlocal
30agreements and county charters; providing a presumption of
31validity; providing a procedure to settle a dispute
32regarding an interlocal service boundary agreement;
33designating ss. 171.011-171.094 as part I of chapter 171,
34F.S.; amending ss. 171.011, 171.031, and 171.045, F.S., to
35conform; amending s. 171.042, F.S.; revising the time
36period for filing a report; providing for a cause of
37action to invalidate an annexation; requiring
38municipalities to provide notice of proposed annexation to
39certain persons; amending s. 171.044, F.S.; revising the
40time period for providing a copy of a notice; providing
41for a cause of action to invalidate an annexation;
42amending s. 171.081, F.S.; requiring a governmental entity
43affected by annexation or contraction to initiate conflict
44resolution procedures under certain circumstances;
45providing for initiation of judicial review and
46reimbursement of attorney's fees and costs regarding
47certain annexations or contractions; creating s. 171.094,
48F.S.; providing for the effect of interlocal service
49boundary agreements adopted under the act; amending s.
50163.01, F.S.; providing for the place of filing an
51interlocal agreement in certain circumstances; amending s.
52164.1058, F.S.; providing that a governmental entity that
53fails to participate in conflict resolution procedures
54shall be required to pay attorney's fees and costs under
55certain conditions; providing an effective date.
56
57Be It Enacted by the Legislature of the State of Florida:
58
59     Section 1.  Part II of chapter 171, Florida Statutes,
60consisting of sections 171.20, 171.201, 171.202, 171.203,
61171.204, 171.205, 171.206, 171.207, 171.208, 171.209, 171.21,
62171.211, and 171.212, is created to read:
63     171.20  Short title.--This part may be cited as the
64"Interlocal Service Boundary Agreement Act."
65     171.201  Legislative intent.--The Legislature intends to
66provide an alternative to part I for local governments regarding
67the annexation of territory into a municipality and the
68subtraction of territory from the unincorporated area of the
69county. The principal goal of this part is to encourage local
70governments to jointly determine how to provide services to
71residents and property in the most efficient and effective
72manner while balancing the needs and desires of the community.
73This part is intended to establish a more flexible process for
74adjusting municipal boundaries and to address a wider range of
75the effects of annexation. This part is intended to encourage
76intergovernmental coordination in planning, service delivery,
77and boundary adjustments and to reduce intergovernmental
78conflicts and litigation between local governments. It is the
79intent of this part to promote sensible boundaries that reduce
80the costs of local governments, avoid duplicating local
81services, and increase political transparency and
82accountability. This part is intended to prevent inefficient
83service delivery and an insufficient tax base to support the
84delivery of those services.
85     171.202  Definitions.--As used in this part, the term:
86     (1)  "Chief administrative officer" means the municipal
87administrator, municipal manager, county manager, county
88administrator, or other officer of the municipality, county, or
89independent special district who reports directly to the
90governing body of the local government.
91     (2)  "Enclave" has the same meaning as provided in s.
92171.031.
93     (3)  "Independent special district" means an independent
94special district, as defined in s. 189.403, which provides fire,
95emergency medical, water, wastewater, or stormwater services.
96     (4)  "Initiating county" means a county that commences the
97process for negotiating an interlocal service boundary agreement
98through the adoption of an initiating resolution.
99     (5)  "Initiating local government" means a county,
100municipality, or independent special district that commences the
101process for negotiating an interlocal service boundary agreement
102through the adoption of an initiating resolution.
103     (6)  "Initiating municipality" means a municipality that
104commences the process for negotiating an interlocal service
105boundary agreement through the adoption of an initiating
106resolution.
107     (7)  "Initiating resolution" means a resolution adopted by
108a county, municipality, or independent special district which
109commences the process for negotiating an interlocal service
110boundary agreement and which identifies the unincorporated area
111and other issues for discussion.
112     (8)  "Interlocal service boundary agreement" means an
113agreement adopted under this part, between a county and one or
114more municipalities, which may include one or more independent
115special districts as parties to the agreement.
116     (9)  "Invited local government" means an invited county,
117municipality, or special district and any other local government
118designated as such in an initiating resolution or a responding
119resolution that invites the local government to participate in
120negotiating an interlocal service boundary agreement.
121     (10)  "Invited municipality" means an initiating
122municipality and any other municipality designated as such in an
123initiating resolution or a responding resolution that invites
124the municipality to participate in negotiating an interlocal
125service boundary agreement.
126     (11)  "Municipal service area" means one or more of the
127following as designated in an interlocal service boundary
128agreement:
129     (a)  An unincorporated area that has been identified in an
130interlocal service boundary agreement for municipal annexation
131by a municipality that is a party to the agreement.
132     (b)  An unincorporated area that has been identified in an
133interlocal service boundary agreement to receive municipal
134services from a municipality that is a party to the agreement or
135from the municipality's designee.
136     (12)  "Notified local government" means the county or a
137municipality, other than an invited municipality, that receives
138an initiating resolution.
139     (13)  "Participating resolution" means the resolution
140adopted by the initiating local government and the invited local
141government.
142     (14)  "Requesting resolution" means the resolution adopted
143by a municipality seeking to participate in the negotiation of
144an interlocal service boundary agreement.
145     (15)  "Responding resolution" means the resolution adopted
146by the county or an invited municipality which responds to the
147initiating resolution and which may identify an additional
148unincorporated area or another issue for discussion, or both,
149and may designate an additional invited municipality or
150independent special district.
151     (16)  "Unincorporated service area" means one or more of
152the following as designated in an interlocal service boundary
153agreement:
154     (a)  An unincorporated area that has been identified in an
155interlocal service boundary agreement and that may not be
156annexed without the consent of the county.
157     (b)  An unincorporated area or incorporated area, or both,
158which have been identified in an interlocal service boundary
159agreement to receive municipal services from a county or its
160designee or an independent special district.
161     171.203  Interlocal service boundary agreement.--The
162governing body of a county and one or more municipalities or
163independent special districts within the county may enter into
164an interlocal service boundary agreement under this part. The
165governing bodies of a county, a municipality, or an independent
166special district may develop a process for reaching an
167interlocal service boundary agreement which provides for public
168participation in a manner that meets or exceeds the requirements
169of subsection (12), or the governing bodies may use the process
170established in this section.
171     (1)  A county, a municipality, or an independent special
172district desiring to enter into an interlocal service boundary
173agreement shall commence the negotiation process by adopting an
174initiating resolution. The initiating resolution must identify
175an unincorporated area or incorporated area, or both, to be
176discussed and the issues to be negotiated. The identified area
177must be specified in the initiating resolution by a descriptive
178exhibit that includes, but need not be limited to, a map or
179legal description of the designated area. The issues for
180negotiation must be listed in the initiating resolution and may
181include, but need not be limited to, the issues listed in
182subsection (6). An independent special district may initiate the
183interlocal service boundary agreement for the purposes of
184dissolving an independent special district or removing more than
18510 percent of the taxable or assessable value of an independent
186special district.
187     (a)  The initiating resolution of an initiating county must
188designate one or more invited municipalities. The initiating
189resolution of an initiating municipality may designate an
190invited municipality. The initiating resolution of an
191independent special district must designate one or more invited
192municipalities and invite the county.
193     (b)  An initiating county shall send the initiating
194resolution by certified mail to the chief administrative officer
195of every invited municipality and each other municipality within
196the county. An initiating municipality shall send the initiating
197resolution by certified mail to the chief administrative officer
198of the county, the invited municipality, if any, and each other
199municipality within the 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, must 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, must 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 certified mail to the chief administrative officer
222of the initiating municipality, each invited municipality, if
223any, and the independent special district that received an
224initiating resolution.
225     (b)  Within 7 days after the adoption of a responding
226resolution, an invited municipality shall send the responding
227resolution by certified mail to the chief administrative officer
228of the initiating county, each invited municipality, if any, and
229each independent special district that received an initiating
230resolution.
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 the
238district intends to participate in the negotiation process for
239the interlocal service boundary agreement. Within 7 days after
240the adoption of the resolution, the independent special district
241shall send the resolution by 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 which is not an
246invited municipality may request participation in the
247negotiations for the interlocal service boundary agreement. Such
248a request must 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 certified mail to the chief administrative officer
254of the initiating local government and each invited
255municipality. The county and the invited municipality shall
256consider whether to allow a requesting municipality to
257participate in the negotiations, and, if the county and invited
258municipality agree, the county and invited municipality shall
259adopt a participating resolution allowing the requesting
260municipality to participate 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.
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 in s.
289366.02 or a natural gas transmission company as defined in s.
290368.103. However, this paragraph does not affect any territorial
291agreement between electrical utilities or public utilities under
292chapter 366 or affect the determination of a territorial dispute
293by the Public Service Commission under s. 366.04.
294     (e)  Establish a process and schedule for annexation of an
295area within the designated municipal service area consistent
296with s. 171.205.
297     (f)  Establish a process for land-use decisions consistent
298with part II of chapter 163, including those made jointly by the
299governing bodies of the county and the municipality, or allow a
300municipality to adopt land-use changes consistent with part II
301of chapter 163 for areas that are scheduled to be annexed within
302the term of the interlocal agreement; however, the county
303comprehensive plan and land-development regulations shall
304control until the municipality annexes the property and amends
305its comprehensive plan accordingly. Comprehensive plan
306amendments to incorporate the process established by this
307paragraph are exempt from the twice-per-year limitation under s.
308163.3187.
309     (g)  Address other issues concerning service delivery,
310including the transfer of services and infrastructure and the
311fiscal compensation to one county, municipality, or independent
312special district from another county, municipality, or
313independent special district.
314     (h)  Provide for the joint use of facilities and the
315colocation of services.
316     (i)  Include a requirement for a report to the county of
317the municipality's planned service delivery, as provided in s.
318171.042, or as otherwise determined by agreement.
319     (j)  Establish a procedure by which the local government
320that is responsible for water and wastewater services shall
321apply, within 30 days after the annexation or subtraction of
322territory, for any modifications to permits of the water
323management district or the Department of Environmental
324Protection which are necessary to reflect changes in the entity
325that is responsible for managing surface water under such
326permits.
327     (7)  If the interlocal service boundary agreement addresses
328responsibilities for land-use planning under chapter 163, the
329agreement must also establish the procedures for preparing and
330adopting comprehensive plan amendments, administering land-
331development regulations, and issuing development orders.
332     (8)  Each local government that is a party to the
333interlocal service boundary agreement shall amend the
334intergovernmental coordination element of its comprehensive
335plan, as described in s. 163.3177(6)(h)1., no later than 6
336months following entry of the interlocal service boundary
337agreement consistent with s. 163.3177(6)(h)1. Plan amendments
338required by this subsection are exempt from the twice-per-year
339limitation under s. 163.3187.
340     (9)  An affected person for the purpose of challenging a
341comprehensive plan amendment required by paragraph (6)(f)
342includes a person who owns real property, resides, or owns or
343operates a business within the boundaries of the municipal
344service area, and a person who owns real property abutting real
345property within the municipal service area that is the subject
346of the comprehensive plan amendment, in addition to other
347affected persons who would have standing under s. 163.3184.
348     (10)(a)  A municipality that is a party to an interlocal
349service boundary agreement that identifies an unincorporated
350area for municipal annexation under s. 171.202(11)(a) shall
351adopt a municipal service area as an amendment to its
352comprehensive plan to address future possible municipal
353annexation. The state land planning agency shall review the
354amendment for compliance with part II of chapter 163. A
355municipal service area must contain:
356     1.  A boundary map of the municipal service area.
357     2.  Population projections for the area.
358     3.  Data and analysis supporting the provision of public
359facilities for the area.
360     (b)  This part does not authorize the state land planning
361agency to review, evaluate, determine, approve, or disapprove a
362municipal ordinance relating to municipal annexation or
363contraction.
364     (c)  Any amendment required by paragraph (a) is exempt from
365the twice-per-year limitation under s. 163.3187.
366     (11)  An interlocal service boundary agreement may be for a
367term of 20 years or less. The interlocal service boundary
368agreement must include a provision requiring periodic review.
369The interlocal service boundary agreement must require
370renegotiations to begin at least 18 months before its
371termination date.
372     (12)  No earlier than 6 months after the commencement of
373negotiations, either of the initiating local governments or
374both, the county, or the invited municipality may declare an
375impasse in the negotiations and seek a resolution of the issues
376under ss. 164.1053-164.1057. If the local governments fail to
377agree at the conclusion of the process under chapter 164, the
378local governments shall hold a joint public hearing on the
379issues raised in the negotiations.
380     (13)  When the local governments have reached an interlocal
381service boundary agreement, the county and the municipality
382shall adopt the agreement by ordinance under s. 166.041 or s.
383125.66, respectively. An independent special district, if it
384consents to the agreement, shall adopt the agreement by final
385order, resolution, or other method consistent with its charter.
386The interlocal service boundary agreement shall take effect on
387the day specified in the agreement or, if there is no date, upon
388adoption by the county or the invited municipality, whichever
389occurs later. This part does not prohibit a county or
390municipality from adopting an interlocal service boundary
391agreement without the consent of an independent special
392district, unless the agreement provides for the dissolution of
393an independent special district or the removal of more than 10
394percent of the taxable or assessable value of an independent
395special district.
396     (14)  For a period of 6 months following the failure of the
397local governments to consent to an interlocal service boundary
398agreement, the initiating local government may not initiate the
399negotiation process established in this section to require the
400responding local government to negotiate an agreement concerning
401the same identified unincorporated area and the same issues that
402were specified in the failed initiating resolution.
403     (15)  This part does not authorize one local government to
404require another local government to enter into an interlocal
405service boundary agreement. However, when the process for
406negotiating an interlocal service boundary agreement is
407initiated, the local governments shall negotiate in good faith
408to the conclusion of the process established in this section.
409     (16)  This section authorizes local governments to
410simultaneously engage in negotiating more than one interlocal
411service boundary agreement, notwithstanding that separate
412negotiations concern similar or identical unincorporated areas
413and issues.
414     (17)  Elected local government officials are encouraged to
415participate actively and directly in the negotiation process for
416developing an interlocal service boundary agreement.
417     (18)  This part does not impair any existing franchise
418agreement without the consent of the franchisee, any existing
419territorial agreement between electric utilities or public
420utilities under chapter 366, or the jurisdiction of the Public
421Service Commission to resolve a territorial dispute involving
422electric utilities or public utilities in accordance with s.
423366.04. In addition, an interlocal agreement entered into under
424this section has no effect in a proceeding before the Public
425Service Commission involving a territorial dispute. A
426municipality or county shall retain all existing authority, if
427any, to negotiate a franchise agreement with any private service
428provider for use of public rights-of-way or the privilege of
429providing a service.
430     (19)  This part does not impair any existing contract
431without the consent of the parties.
432     171.204  Prerequisites to annexation under this part.--The
433interlocal service boundary agreement may describe the character
434of land that may be annexed under this part and may provide that
435the restrictions on the character of land that may be annexed
436pursuant to part I are not restrictions on land that may be
437annexed pursuant to this part. As determined in the interlocal
438service boundary agreement, any character of land may be
439annexed, including, but not limited to, an annexation of land
440not contiguous to the boundaries of the annexing municipality,
441an annexation that creates an enclave, or an annexation where
442the annexed area is not reasonably compact; however, such area
443must be urban in character as defined in s. 171.031. The
444interlocal service boundary agreement may not allow for
445annexation of land within a municipality that is not a party to
446the agreement or of land that is within another county. Before
447annexation of land that is not contiguous to the boundaries of
448the annexing municipality, an annexation that creates an
449enclave, or an annexation of land that is not currently served
450by water or sewer utilities, one of the following options must
451be followed:
452     (1)  The municipality shall transmit a comprehensive plan
453amendment that proposes specific amendments relating to the
454property anticipated for annexation to the Department of
455Community Affairs for review under chapter 163. After
456considering the department's review, the municipality may
457approve the annexation and comprehensive plan amendment
458concurrently. The local government must adopt the annexation and
459the comprehensive plan amendment as separate and distinct
460actions, but may take such actions at a single public hearing;
461or
462     (2)  A municipality and county shall enter into a joint
463planning agreement under s. 163.3171, which is adopted into the
464municipal comprehensive plan. The joint planning agreement must
465identify the geographic areas anticipated for annexation, the
466future land uses that the municipality would seek to establish,
467necessary public facilities and services, including
468transportation and school facilities and how such facilities
469will be provided, and natural resources, including surface water
470and groundwater resources, and how such resources will be
471protected. An amendment to the future land-use map of a
472comprehensive plan which is consistent with the joint planning
473agreement must be considered a small-scale amendment.
474     171.205  Consent requirements for annexation of land under
475this part.--Notwithstanding part I, an interlocal service
476boundary agreement may provide a process for annexation
477consistent with this section or with part I.
478     (1)  For all or a portion of the area within a designated
479municipal service area, the interlocal service boundary
480agreement may provide a flexible process for securing the
481consent of persons who are registered voters or own property in
482the area proposed for annexation, or of both such voters and
483owners, for the annexation of property within a municipal
484service area, with notice to such voters or owners as required
485in the interlocal service boundary agreement. The interlocal
486service boundary agreement may not authorize annexation unless
487the consent requirements of part I are met or the annexation is
488consented to by one or more of the following:
489     (a)  The municipality has received a petition for
490annexation from more than 50 percent of the registered voters
491who reside in the area proposed to be annexed.
492     (b)  The annexation is approved by a majority of the
493registered voters who reside in the area proposed to be annexed
494voting in a referendum on the annexation.
495     (c)  The municipality has received a petition for
496annexation from more than 50 percent of the persons who own
497property within the area proposed to be annexed.
498     (2)  If the area to be annexed includes a privately owned
499solid waste disposal facility as defined in s. 403.703 which
500receives municipal solid waste collected within the jurisdiction
501of multiple local governments, the annexing municipality must
502set forth in its plan the effects that the annexation of the
503solid waste disposal facility will have on the other local
504governments. The plan must also indicate that the owner of the
505affected solid waste disposal facility has been contacted in
506writing concerning the annexation, that an agreement between the
507annexing municipality and the solid waste disposal facility to
508govern the operations of the solid waste disposal facility if
509the annexation occurs has been approved, and that the owner of
510the solid waste disposal facility does not object to the
511proposed annexation.
512     (3)  For all or a portion of an enclave consisting of more
513than 20 acres within a designated municipal service area, the
514interlocal service boundary agreement may provide a flexible
515process for securing the consent of persons who are registered
516voters or own property in the area proposed for annexation, or
517of both such voters and owners, for the annexation of property
518within such an enclave, with notice to such voters or owners as
519required in the interlocal service boundary agreement. The
520interlocal service boundary agreement may not authorize
521annexation of enclaves under this subsection unless the consent
522requirements of part I are met, the annexation process includes
523one or more of the procedures in subsection (1), or the
524municipality has received a petition for annexation from one or
525more persons who own real property in excess of 50 percent of
526the total real property within the area to be annexed.
527     (4)  For all or a portion of an enclave consisting of 20
528acres or fewer within a designated municipal service area,
529within which enclave not more than 100 registered voters reside,
530the interlocal service boundary agreement may provide a flexible
531process for securing the consent of persons who are registered
532voters or own property in the area proposed for annexation, or
533of both such voters and owners, for the annexation of property
534within such an enclave, with notice to such voters or owners as
535required in the interlocal service boundary agreement. Such an
536annexation process may include one or more of the procedures in
537subsection (1) and may allow annexation according to the terms
538and conditions provided in the interlocal service boundary
539agreement, which may include a referendum of the registered
540voters who reside in the area proposed to be annexed.
541     171.206  Effect of interlocal service boundary area
542agreement on annexations.--
543     (1)  An interlocal service boundary agreement is binding on
544the parties to the agreement, and a party may not take any
545action that violates the interlocal service boundary agreement.
546     (2)  Notwithstanding part I, without consent of the county
547and the affected municipality by resolution, a county or an
548invited municipality may not take any action that violates the
549interlocal service boundary agreement.
550     (3)  If the independent special district that participated
551in the negotiation process pursuant to s. 171.203(2)(d) does not
552consent to the interlocal service boundary agreement and a
553municipality annexes an area within the independent special
554district, the independent special district may seek compensation
555using the process in s. 171.093.
556     171.207  Transfer of powers.--This part is an alternative
557provision otherwise provided by law, as authorized in s. 4, Art.
558VIII of the State Constitution, for any transfer of power
559resulting from an interlocal service boundary agreement for the
560provision of services or the acquisition of public facilities
561entered into by a county, municipality, independent special
562district, or other entity created pursuant to law.
563     171.208  Municipal extraterritorial power.--This part
564authorizes a municipality to exercise extraterritorial powers
565that include, but are not limited to, the authority to provide
566services and facilities within the unincorporated area or within
567the territory of another municipality as provided within an
568interlocal service boundary agreement. These powers are in
569addition to other municipal powers that otherwise exist.
570However, this power is subject to the jurisdiction of the Public
571Service Commission to resolve territorial disputes under s.
572366.04. An interlocal agreement has no effect on the resolution
573of a territorial dispute to be determined by the Public Service
574Commission.
575     171.209  County powers in an incorporated area.--As
576provided in an interlocal service boundary agreement, this part
577authorizes a county to exercise powers within a municipality
578that include, but are not limited to, the authority to provide
579services and facilities within the territory of a municipality.
580These powers are in addition to other county powers that
581otherwise exist.
582     171.21  Effect of part on interlocal agreement and county
583charter.--A joint planning agreement, a charter provision
584adopted under s. 171.044(4), or any other interlocal agreement
585between local governments, including a county, municipality, or
586independent special district, is not affected by this part;
587however, a county, municipality or independent special district
588may avail itself of this part, which may result in the repeal or
589modification of a joint planning agreement or other interlocal
590agreement. A local government within a county that has adopted a
591charter provision pursuant to s. 171.044(4) may avail itself of
592the provisions of this part which authorize an interlocal
593service boundary agreement if such interlocal agreement is
594consistent with the charter of that county, as the charter was
595approved, revised, or amended pursuant to s. 125.64.
596     171.211  Interlocal service boundary agreement presumed
597valid and binding.--
598     (1)  If there is litigation over the terms, conditions,
599construction, or enforcement of an interlocal service boundary
600agreement, the agreement shall be presumed valid, and the
601challenger has the burden of proving its invalidity.
602     (2)  Notwithstanding part I, it is the intent of this part
603to authorize a municipality to enter into an interlocal service
604boundary agreement that enhances, restricts, or precludes
605annexations during the term of the agreement.
606     171.212  Disputes regarding construction and effect of an
607interlocal service boundary agreement.--If there is a question
608or dispute about the construction or effect of an interlocal
609service boundary agreement, a local government shall initiate
610and proceed through the conflict resolution procedures
611established in chapter 164. If there is a failure to resolve the
612conflict, no later than 30 days following the conclusion of the
613procedures established in chapter 164, the local government may
614file an action in circuit court. For purposes of this section,
615the term "local government" means a party to the interlocal
616service boundary agreement.
617     Section 2.  Sections 171.011-171.093, Florida Statutes, and
618section 171.094, Florida Statutes, as created by this act, are
619designated as part I of chapter 171, Florida Statutes.
620     Section 3.  Section 171.011, Florida Statutes, is amended
621to read:
622     171.011  Short title.--This part chapter shall be known and
623may be cited as the "Municipal Annexation or Contraction Act."
624     Section 4.  Section 171.031, Florida Statutes, is amended
625to read:
626     171.031  Definitions.--As used in this part chapter, the
627following words and terms have the following meanings unless
628some other meaning is plainly indicated:
629     (1)  "Annexation" means the adding of real property to the
630boundaries of an incorporated municipality, such addition making
631such real property in every way a part of the municipality.
632     (2)  "Contraction" means the reversion of real property
633within municipal boundaries to an unincorporated status.
634     (3)  "Municipality" means a municipality created pursuant
635to general or special law authorized or recognized pursuant to
636s. 2 or s. 6, Art. VIII of the State Constitution.
637     (4)  "Newspaper of general circulation" means a newspaper
638printed in the language most commonly spoken in the area within
639which it circulates, which is readily available for purchase by
640all inhabitants in its area of circulation, but does not include
641a newspaper intended primarily for members of a particular
642professional or occupational group, a newspaper whose primary
643function is to carry legal notices, or a newspaper that is given
644away primarily to distribute advertising.
645     (5)  "Parties affected" means any persons or firms owning
646property in, or residing in, either a municipality proposing
647annexation or contraction or owning property that is proposed
648for annexation to a municipality or any governmental unit with
649jurisdiction over such area.
650     (6)  "Qualified voter" means any person registered to vote
651in accordance with law.
652     (7)  "Sufficiency of petition" means the verification of
653the signatures and addresses of all signers of a petition with
654the voting list maintained by the county supervisor of elections
655and certification that the number of valid signatures represents
656the required percentage of the total number of qualified voters
657in the area affected by a proposed annexation.
658     (8)  "Urban in character" means an area used intensively
659for residential, urban recreational or conservation parklands,
660commercial, industrial, institutional, or governmental purposes
661or an area undergoing development for any of these purposes.
662     (9)  "Urban services" means any services offered by a
663municipality, either directly or by contract, to any of its
664present residents.
665     (10)  "Urban purposes" means that land is used intensively
666for residential, commercial, industrial, institutional, and
667governmental purposes, including any parcels of land retained in
668their natural state or kept free of development as dedicated
669greenbelt areas.
670     (11)  "Contiguous" means that a substantial part of a
671boundary of the territory sought to be annexed by a municipality
672is coterminous with a part of the boundary of the municipality.
673The separation of the territory sought to be annexed from the
674annexing municipality by a publicly owned county park; a right-
675of-way for a highway, road, railroad, canal, or utility; or a
676body of water, watercourse, or other minor geographical division
677of a similar nature, running parallel with and between the
678territory sought to be annexed and the annexing municipality,
679shall not prevent annexation under this act, provided the
680presence of such a division does not, as a practical matter,
681prevent the territory sought to be annexed and the annexing
682municipality from becoming a unified whole with respect to
683municipal services or prevent their inhabitants from fully
684associating and trading with each other, socially and
685economically. However, nothing herein shall be construed to
686allow local rights-of-way, utility easements, railroad rights-
687of-way, or like entities to be annexed in a corridor fashion to
688gain contiguity; and when any provision or provisions of special
689law or laws prohibit the annexation of territory that is
690separated from the annexing municipality by a body of water or
691watercourse, then that law shall prevent annexation under this
692act.
693     (12)  "Compactness" means concentration of a piece of
694property in a single area and precludes any action which would
695create enclaves, pockets, or finger areas in serpentine
696patterns. Any annexation proceeding in any county in the state
697shall be designed in such a manner as to ensure that the area
698will be reasonably compact.
699     (13)  "Enclave" means:
700     (a)  Any unincorporated improved or developed area that is
701enclosed within and bounded on all sides by a single
702municipality; or
703     (b)  Any unincorporated improved or developed area that is
704enclosed within and bounded by a single municipality and a
705natural or manmade obstacle that allows the passage of vehicular
706traffic to that unincorporated area only through the
707municipality.
708     Section 5.  Subsection (2) of section 171.042, Florida
709Statutes, is amended, and subsection (3) is added to that
710section, to read:
711     171.042  Prerequisites to annexation.--
712     (2)  Not less than 15 days prior to commencing the
713annexation procedures under s. 171.0413, the governing body of
714the municipality shall file a copy of the report required by
715this section with the board of county commissioners of the
716county wherein the municipality is located. Failure to timely
717file the report as required in this subsection may be the basis
718for a cause of action invalidating the annexation.
719     (3)  The governing body of the municipality shall mail by
720certified mail, not less than 10 days prior to the date set for
721the first public hearing required by s. 171.0413(1), a written
722notice to each person who resides or owns property within the
723area proposed to be annexed. The notice must describe the
724annexation proposal, the time and place for each public hearing
725to be held regarding the annexation, and the place or places
726within the municipality where the proposed ordinance may be
727inspected by the public. A copy of the notice must be kept
728available for public inspection during the regular business
729hours of the office of the clerk of the governing body.
730     Section 6.  Subsection (6) of section 171.044, Florida
731Statutes, is amended to read:
732     171.044  Voluntary annexation.--
733     (6)  Not less than 10 days prior to Upon publishing or
734posting the ordinance notice required under subsection (2), the
735governing body of the municipality must provide a copy of the
736notice, via certified mail, to the board of the county
737commissioners of the county wherein the municipality is located.
738The notice provision provided in this subsection may shall not
739be the basis for a of any cause of action invalidating
740challenging the annexation.
741     Section 7.  Section 171.045, Florida Statutes, is amended
742to read:
743     171.045  Annexation limited to a single county.--In order
744for an annexation proceeding to be valid for the purposes of
745this part chapter, the annexation must take place within the
746boundaries of a single county.
747     Section 8.  Section 171.081, Florida Statutes, is amended
748to read:
749     171.081  Appeal on annexation or contraction.--
750     (1)  No later than 30 days following the passage of an
751annexation or contraction ordinance, Any party affected who
752believes that he or she will suffer material injury by reason of
753the failure of the municipal governing body to comply with the
754procedures set forth in this part chapter for annexation or
755contraction or to meet the requirements established for
756annexation or contraction as they apply to his or her property
757may file a petition in the circuit court for the county in which
758the municipality or municipalities are located seeking review by
759certiorari. The action may be initiated at the party's option
760within 30 days following the passage of the annexation or
761contraction ordinance or within 30 days following the completion
762of the dispute resolution process in subsection (2). In any
763action instituted pursuant to this subsection section, the
764complainant, should he or she prevail, shall be entitled to
765reasonable costs and attorney's fees.
766     (2)  If the affected party is a governmental entity, no
767later than 30 days following the passage of an annexation or
768contraction ordinance the governmental entity must initiate and
769proceed through the conflict resolution procedures established
770in chapter 164. If there is a failure to resolve the conflict,
771no later than 30 days following the conclusion of the procedures
772established in chapter 164 the governmental entity that
773initiated the conflict resolution procedures may file a petition
774in the circuit court for the county in which the municipality or
775municipalities are located seeking review by certiorari. In any
776legal action instituted pursuant to this subsection, the
777prevailing party is entitled to reasonable costs and attorney's
778fees.
779     Section 9.  Section 171.094, Florida Statutes, is created
780to read:
781     171.094  Effect of interlocal service boundary agreements
782adopted under part II on annexations under this part.--
783     (1)  An interlocal service boundary agreement entered into
784pursuant to part II is binding on the parties to the agreement,
785and a party may not take any action that violates the interlocal
786service boundary agreement.
787     (2)  Notwithstanding any other provision of this part,
788without the consent of the county the affected municipality, or
789affected independent special district by resolution, a county,
790an invited municipality, or independent special district may not
791take any action that violates an interlocal service boundary
792agreement.
793     Section 10.  Subsection (11) of section 163.01, Florida
794Statutes, is amended to read:
795     163.01  Florida Interlocal Cooperation Act of 1969.--
796     (11)  Prior to its effectiveness, an interlocal agreement
797and subsequent amendments thereto shall be filed with the clerk
798of the circuit court of each county where a party to the
799agreement is located; however, if the parties to the agreement
800are located in multiple counties and the agreement, pursuant to
801subsection (7), provides for a separate legal entity or
802administrative entity to administer the agreement, the
803interlocal agreement and any amendments to the interlocal
804agreement may be filed with the clerk of the circuit court in
805the county where the legal or administrative entity maintains
806its principal place of business.
807     Section 11.  Section 164.1058, Florida Statutes, is amended
808to read:
809     164.1058  Penalty.--If a primary conflicting governmental
810entity which has received notice of intent to initiate the
811conflict resolution procedure pursuant to this act fails to
812participate in good faith in the conflict assessment meeting,
813mediation, or other remedies provided for in this act, and the
814initiating governmental entity files suit and is the prevailing
815party in such suit, the primary disputing governmental entity
816that which failed to participate in good faith shall be required
817to pay the attorney's fees and costs in that proceeding of the
818prevailing primary conflicting governmental entity which
819initiated the conflict resolution procedure.
820     Section 12.  This act shall take effect upon becoming a
821law.


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