HB 1357CS

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., the "Interlocal Service Boundary Agreement
8Act"; providing legislative intent with respect to
9annexation and the coordination of services by local
10governments; providing definitions; providing for the
11creation of interlocal service boundary agreements by a
12county and one or more municipalities or independent
13special districts; specifying the procedures for
14initiating an agreement and responding to a proposal for
15agreements; identifying issues the agreement may or must
16address; requiring local governments that are a party to
17the agreement to amend their comprehensive plans;
18providing for review of the amendment by the state land
19planning agency; providing an exception to the limitation
20on plan amendments; specifying those persons who may
21challenge a plan amendment required by the agreement;
22providing for negotiation and adoption of the agreement;
23providing for preservation of certain agreements and
24powers regarding utility services; providing for
25preservation of existing contracts; providing
26prerequisites to annexation; providing a process for
27annexation; providing for the effect of an interlocal
28service boundary area agreement on the parties to the
29agreement; providing for a transfer of powers; authorizing
30a municipality to provide services within an
31unincorporated area or territory of another municipality;
32authorizing a county to exercise certain powers within a
33municipality; providing for effect on interlocal
34agreements and county charters; providing a presumption of
35validity; providing a procedure to settle a dispute
36regarding an interlocal service boundary agreement;
37designating ss. 171.011-171.094 as part I of chapter 171,
38F.S.; amending ss. 171.011, 171.031, and 171.045, F.S., to
39conform; amending s. 171.042, F.S.; revising the time
40period for filing a report; providing for a cause of
41action to invalidate an annexation; requiring
42municipalities to provide notice of proposed annexation to
43certain persons; amending s. 171.044, F.S.; revising the
44time period for providing a copy of a notice; providing
45for a cause of action to invalidate an annexation;
46amending s. 171.081, F.S.; requiring a governmental entity
47affected by annexation or contraction to initiate conflict
48resolution procedures under certain circumstances;
49providing for initiation of judicial review and
50reimbursement of attorney's fees and costs regarding
51certain annexations or contractions; creating s. 171.094,
52F.S.; providing for the effect of interlocal service
53boundary agreements adopted under the act; amending s.
54163.01, F.S.; providing for the place of filing an
55interlocal agreement in certain circumstances; amending s.
56164.1058, F.S.; providing that a governmental entity that
57fails to participate in conflict resolution procedures
58shall be required to pay attorney's fees and costs under
59certain conditions; providing an effective date.
60
61Be It Enacted by the Legislature of the State of Florida:
62
63     Section 1.  Part II of chapter 171, Florida Statutes,
64consisting of sections 171.20, 171.201, 171.202, 171.203,
65171.204, 171.205, 171.206, 171.207, 171.208, 171.209, 171.21,
66171.211, and 171.212, is created to read:
67     171.20  Short title.--This part may be cited as the
68"Interlocal Service Boundary Agreement Act."
69     171.201  Legislative intent.--The Legislature intends to
70provide an alternative to part I for local governments regarding
71the annexation of territory into a municipality and the
72subtraction of territory from the unincorporated area of the
73county. The principal goal of this part is to encourage local
74governments to jointly determine how to provide services to
75residents and property in the most efficient and effective
76manner while balancing the needs and desires of the community.
77This part is intended to establish a more flexible process for
78adjusting municipal boundaries and to address a wider range of
79the effects of annexation. This part is intended to encourage
80intergovernmental coordination in planning, service delivery,
81and boundary adjustments and to reduce intergovernmental
82conflicts and litigation between local governments. It is the
83intent of this part to promote sensible boundaries that reduce
84the costs of local governments, avoid duplicating local
85services, and increase political transparency and
86accountability. This part is intended to prevent inefficient
87service delivery and an insufficient tax base to support the
88delivery of those services.
89     171.202  Definitions.--As used in this part, the term:
90     (1)  "Chief administrative officer" means the municipal
91administrator, municipal manager, county manager, county
92administrator, or other officer of the municipality, county, or
93independent special district who reports directly to the
94governing body of the local government.
95     (2)  "Enclave" has the same meaning as provided in s.
96171.031.
97     (3)  "Independent special district" means an independent
98special district, as defined in s. 189.403, which provides fire,
99emergency medical, water, wastewater, or stormwater services.
100     (4)  "Initiating county" means a county that commences the
101process for negotiating an interlocal service boundary agreement
102through the adoption of an initiating resolution.
103     (5)  "Initiating local government" means a county,
104municipality, or independent special district that commences the
105process for negotiating an interlocal service boundary agreement
106through the adoption of an initiating resolution.
107     (6)  "Initiating municipality" means a municipality that
108commences the process for negotiating an interlocal service
109boundary agreement through the adoption of an initiating
110resolution.
111     (7)  "Initiating resolution" means a resolution adopted by
112a county, municipality, or independent special district which
113commences the process for negotiating an interlocal service
114boundary agreement and which identifies the unincorporated area
115and other issues for discussion.
116     (8)  "Interlocal service boundary agreement" means an
117agreement adopted under this part, between a county and one or
118more municipalities, which may include one or more independent
119special districts as parties to the agreement.
120     (9)  "Invited local government" means an invited county,
121municipality, or special district and any other local government
122designated as such in an initiating resolution or a responding
123resolution that invites the local government to participate in
124negotiating an interlocal service boundary agreement.
125     (10)  "Invited municipality" means an initiating
126municipality and any other municipality designated as such in an
127initiating resolution or a responding resolution that invites
128the municipality to participate in negotiating an interlocal
129service boundary agreement.
130     (11)  "Municipal service area" means one or more of the
131following as designated in an interlocal service boundary
132agreement:
133     (a)  An unincorporated area that has been identified in an
134interlocal service boundary agreement for municipal annexation
135by a municipality that is a party to the agreement.
136     (b)  An unincorporated area that has been identified in an
137interlocal service boundary agreement to receive municipal
138services from a municipality that is a party to the agreement or
139from the municipality's designee.
140     (12)  "Notified local government" means the county or a
141municipality, other than an invited municipality, that receives
142an initiating resolution.
143     (13)  "Participating resolution" means the resolution
144adopted by the initiating local government and the invited local
145government.
146     (14)  "Requesting resolution" means the resolution adopted
147by a municipality seeking to participate in the negotiation of
148an interlocal service boundary agreement.
149     (15)  "Responding resolution" means the resolution adopted
150by the county or an invited municipality which responds to the
151initiating resolution and which may identify an additional
152unincorporated area or another issue for discussion, or both,
153and may designate an additional invited municipality or
154independent special district.
155     (16)  "Unincorporated service area" means one or more of
156the following as designated in an interlocal service boundary
157agreement:
158     (a)  An unincorporated area that has been identified in an
159interlocal service boundary agreement and that may not be
160annexed without the consent of the county.
161     (b)  An unincorporated area or incorporated area, or both,
162which have been identified in an interlocal service boundary
163agreement to receive municipal services from a county or its
164designee or an independent special district.
165     171.203  Interlocal service boundary agreement.--The
166governing body of a county and one or more municipalities or
167independent special districts within the county may enter into
168an interlocal service boundary agreement under this part. The
169governing bodies of a county, a municipality, or an independent
170special district may develop a process for reaching an
171interlocal service boundary agreement which provides for public
172participation in a manner that meets or exceeds the requirements
173of subsection (12), or the governing bodies may use the process
174established in this section.
175     (1)  A county, a municipality, or an independent special
176district desiring to enter into an interlocal service boundary
177agreement shall commence the negotiation process by adopting an
178initiating resolution. The initiating resolution must identify
179an unincorporated area or incorporated area, or both, to be
180discussed and the issues to be negotiated. The identified area
181must be specified in the initiating resolution by a descriptive
182exhibit that includes, but need not be limited to, a map or
183legal description of the designated area. The issues for
184negotiation must be listed in the initiating resolution and may
185include, but need not be limited to, the issues listed in
186subsection (6). An independent special district may initiate the
187interlocal service boundary agreement for the purposes of
188dissolving an independent special district or removing more than
18910 percent of the taxable or assessable value of an independent
190special district.
191     (a)  The initiating resolution of an initiating county must
192designate one or more invited municipalities. The initiating
193resolution of an initiating municipality may designate an
194invited municipality. The initiating resolution of an
195independent special district must designate one or more invited
196municipalities and invite the county.
197     (b)  An initiating county shall send the initiating
198resolution by certified mail to the chief administrative officer
199of every invited municipality and each other municipality within
200the county. An initiating municipality shall send the initiating
201resolution by certified mail to the chief administrative officer
202of the county, the invited municipality, if any, and each other
203municipality within the county.
204     (c)  The initiating local government shall also send the
205initiating resolution to the chief administrative officer of
206each independent special district in the unincorporated area
207designated in the initiating resolution.
208     (2)  Within 60 days after the receipt of an initiating
209resolution, the county or the invited municipality, as
210appropriate, shall adopt a responding resolution. The responding
211resolution may identify an additional unincorporated area or
212incorporated area, or both, for discussion and may designate
213additional issues for negotiation. The additional identified
214area, if any, must be specified in the responding resolution by
215a descriptive exhibit that includes, but need not be limited to,
216a map or legal description of the designated area. The
217additional issues designated for negotiation, if any, must be
218listed in the responding resolution and may include, but need
219not be limited to, the issues listed in subsection (6). The
220responding resolution may also invite an additional municipality
221or independent special district to negotiate the interlocal
222service boundary agreement.
223     (a)  Within 7 days after the adoption of a responding
224resolution, the responding county shall send the responding
225resolution by certified mail to the chief administrative officer
226of the initiating municipality, each invited municipality, if
227any, and the independent special district that received an
228initiating resolution.
229     (b)  Within 7 days after the adoption of a responding
230resolution, an invited municipality shall send the responding
231resolution by certified mail to the chief administrative officer
232of the initiating county, each invited municipality, if any, and
233each independent special district that received an initiating
234resolution.
235     (c)  An invited municipality that was invited by a
236responding resolution shall adopt a responding resolution in
237accordance with paragraph (b).
238     (d)  Within 60 days after receipt of the initiating
239resolution, any independent special district that received an
240initiating resolution and that desires to participate in the
241negotiations shall adopt a resolution indicating that the
242district intends to participate in the negotiation process for
243the interlocal service boundary agreement. Within 7 days after
244the adoption of the resolution, the independent special district
245shall send the resolution by certified mail to the chief
246administrative officer of the county, the initiating
247municipality, each invited municipality, if any, and each
248notified local government.
249     (3)  A municipality within the county which is not an
250invited municipality may request participation in the
251negotiations for the interlocal service boundary agreement. Such
252a request must be accomplished by adopting a requesting
253resolution within 60 days after receipt of the initiating
254resolution or within 10 days after receipt of the responding
255resolution. Within 7 days after adoption of the requesting
256resolution, the requesting municipality shall send the
257resolution by certified mail to the chief administrative officer
258of the initiating local government and each invited
259municipality. The county and the invited municipality shall
260consider whether to allow a requesting municipality to
261participate in the negotiations, and, if the county and invited
262municipality agree, the county and invited municipality shall
263adopt a participating resolution allowing the requesting
264municipality to participate in the negotiations.
265     (4)  The county, the invited municipalities, the
266participating municipalities, if any, and the independent
267special districts, if any have adopted a resolution to
268participate, shall begin negotiations within 60 days after
269receipt of the responding resolution or a participating
270resolution, whichever occurs later.
271     (5)  An invited municipality that fails to adopt a
272responding resolution shall be deemed to waive its right to
273participate in the negotiation process and shall be bound by an
274interlocal agreement resulting from such negotiation process, if
275any is reached.
276     (6)  An interlocal service boundary agreement may address
277any issue concerning service delivery, fiscal responsibilities,
278or boundary adjustment. The agreement may include, but need not
279be limited to, provisions that:
280     (a)  Identify a municipal service area.
281     (b)  Identify an unincorporated service area.
282     (c)  Identify the local government responsible for the
283delivery or funding of the following services within the
284municipal service area or the unincorporated service area:
285     1.  Public safety.
286     2.  Fire, emergency rescue, and medical.
287     3.  Water and wastewater.
288     4.  Road ownership, construction, and maintenance.
289     5.  Conservation, parks, and recreation.
290     6.  Stormwater management and drainage.
291     (d)  Ensure that the health and welfare of the citizens
292affected by annexation will be protected by requiring that all
293fire and emergency medical services be provided by the existing
294provider of fire and emergency medical services to the annexed
295area and remain part of the existing municipal service taxing
296unit or special district, unless and until:
297     1.  The county and annexing municipality reach through
298interlocal agreement or other legally sufficient means, an
299agreement as to which governmental entity shall provide such
300emergency services; or
301     2.  A fire-rescue services element exists for the
302respective county's comprehensive plan, filed with the state,
303and the annexing municipality meets the criteria provided in
304this section.
305     (e)  Address other services and infrastructure not
306currently provided by an electric utility as defined in s.
307366.02 or a natural gas transmission company as defined in s.
308368.103. However, this paragraph does not affect any territorial
309agreement between electrical utilities or public utilities under
310chapter 366 or affect the determination of a territorial dispute
311by the Public Service Commission under s. 366.04.
312     (f)  Establish a process and schedule for annexation of an
313area within the designated municipal service area consistent
314with s. 171.205.
315     (g)  Establish a process for land-use decisions consistent
316with part II of chapter 163, including those made jointly by the
317governing bodies of the county and the municipality, or allow a
318municipality to adopt land-use changes consistent with part II
319of chapter 163 for areas that are scheduled to be annexed within
320the term of the interlocal agreement; however, the county
321comprehensive plan and land-development regulations shall
322control until the municipality annexes the property and amends
323its comprehensive plan accordingly. Comprehensive plan
324amendments to incorporate the process established by this
325paragraph are exempt from the twice-per-year limitation under s.
326163.3187.
327     (h)  Address other issues concerning service delivery,
328including the transfer of services and infrastructure and the
329fiscal compensation to one county, municipality, or independent
330special district from another county, municipality, or
331independent special district.
332     (i)  Provide for the joint use of facilities and the
333colocation of services.
334     (j)  Include a requirement for a report to the county of
335the municipality's planned service delivery, as provided in s.
336171.042, or as otherwise determined by agreement.
337     (k)  Establish a procedure by which the local government
338that is responsible for water and wastewater services shall
339apply, within 30 days after the annexation or subtraction of
340territory, for any modifications to permits of the water
341management district or the Department of Environmental
342Protection which are necessary to reflect changes in the entity
343that is responsible for managing surface water under such
344permits.
345     (7)  If the interlocal service boundary agreement addresses
346responsibilities for land-use planning under chapter 163, the
347agreement must also establish the procedures for preparing and
348adopting comprehensive plan amendments, administering land-
349development regulations, and issuing development orders.
350     (8)  Each local government that is a party to the
351interlocal service boundary agreement shall amend the
352intergovernmental coordination element of its comprehensive
353plan, as described in s. 163.3177(6)(h)1., no later than 6
354months following entry of the interlocal service boundary
355agreement consistent with s. 163.3177(6)(h)1. Plan amendments
356required by this subsection are exempt from the twice-per-year
357limitation under s. 163.3187.
358     (9)  An affected person for the purpose of challenging a
359comprehensive plan amendment required by paragraph (6)(g)
360includes a person who owns real property, resides, or owns or
361operates a business within the boundaries of the municipal
362service area, and a person who owns real property abutting real
363property within the municipal service area that is the subject
364of the comprehensive plan amendment, in addition to other
365affected persons who would have standing under s. 163.3184.
366     (10)(a)  A municipality that is a party to an interlocal
367service boundary agreement that identifies an unincorporated
368area for municipal annexation under s. 171.202(11)(a) shall
369adopt a municipal service area as an amendment to its
370comprehensive plan to address future possible municipal
371annexation. The state land planning agency shall review the
372amendment for compliance with part II of chapter 163. A
373municipal service area must contain:
374     1.  A boundary map of the municipal service area.
375     2.  Population projections for the area.
376     3.  Data and analysis supporting the provision of public
377facilities for the area.
378     (b)  This part does not authorize the state land planning
379agency to review, evaluate, determine, approve, or disapprove a
380municipal ordinance relating to municipal annexation or
381contraction.
382     (c)  Any amendment required by paragraph (a) is exempt from
383the twice-per-year limitation under s. 163.3187.
384     (11)  An interlocal service boundary agreement may be for a
385term of 20 years or less. The interlocal service boundary
386agreement must include a provision requiring periodic review.
387The interlocal service boundary agreement must require
388renegotiations to begin at least 18 months before its
389termination date.
390     (12)  No earlier than 6 months after the commencement of
391negotiations, either of the initiating local governments or
392both, the county, or the invited municipality may declare an
393impasse in the negotiations and seek a resolution of the issues
394under ss. 164.1053-164.1057. If the local governments fail to
395agree at the conclusion of the process under chapter 164, the
396local governments shall hold a joint public hearing on the
397issues raised in the negotiations.
398     (13)  When the local governments have reached an interlocal
399service boundary agreement, the county and the municipality
400shall adopt the agreement by ordinance under s. 166.041 or s.
401125.66, respectively. An independent special district, if it
402consents to the agreement, shall adopt the agreement by final
403order, resolution, or other method consistent with its charter.
404The interlocal service boundary agreement shall take effect on
405the day specified in the agreement or, if there is no date, upon
406adoption by the county or the invited municipality, whichever
407occurs later. This part does not prohibit a county or
408municipality from adopting an interlocal service boundary
409agreement without the consent of an independent special
410district, unless the agreement provides for the dissolution of
411an independent special district or the removal of more than 10
412percent of the taxable or assessable value of an independent
413special district.
414     (14)  For a period of 6 months following the failure of the
415local governments to consent to an interlocal service boundary
416agreement, the initiating local government may not initiate the
417negotiation process established in this section to require the
418responding local government to negotiate an agreement concerning
419the same identified unincorporated area and the same issues that
420were specified in the failed initiating resolution.
421     (15)  This part does not authorize one local government to
422require another local government to enter into an interlocal
423service boundary agreement. However, when the process for
424negotiating an interlocal service boundary agreement is
425initiated, the local governments shall negotiate in good faith
426to the conclusion of the process established in this section.
427     (16)  This section authorizes local governments to
428simultaneously engage in negotiating more than one interlocal
429service boundary agreement, notwithstanding that separate
430negotiations concern similar or identical unincorporated areas
431and issues.
432     (17)  Elected local government officials are encouraged to
433participate actively and directly in the negotiation process for
434developing an interlocal service boundary agreement.
435     (18)  This part does not impair any existing franchise
436agreement without the consent of the franchisee, any existing
437territorial agreement between electric utilities or public
438utilities under chapter 366, or the jurisdiction of the Public
439Service Commission to resolve a territorial dispute involving
440electric utilities or public utilities in accordance with s.
441366.04. In addition, an interlocal agreement entered into under
442this section has no effect in a proceeding before the Public
443Service Commission involving a territorial dispute. A
444municipality or county shall retain all existing authority, if
445any, to negotiate a franchise agreement with any private service
446provider for use of public rights-of-way or the privilege of
447providing a service.
448     (19)  This part does not impair any existing contract
449without the consent of the parties.
450     171.204  Prerequisites to annexation under this part.--The
451interlocal service boundary agreement may describe the character
452of land that may be annexed under this part and may provide that
453the restrictions on the character of land that may be annexed
454pursuant to part I are not restrictions on land that may be
455annexed pursuant to this part. As determined in the interlocal
456service boundary agreement, any character of land may be
457annexed, including, but not limited to, an annexation of land
458not contiguous to the boundaries of the annexing municipality,
459an annexation that creates an enclave, or an annexation where
460the annexed area is not reasonably compact; however, such area
461must be urban in character as defined in s. 171.031. The
462interlocal service boundary agreement may not allow for
463annexation of land within a municipality that is not a party to
464the agreement or of land that is within another county. Before
465annexation of land that is not contiguous to the boundaries of
466the annexing municipality, an annexation that creates an
467enclave, or an annexation of land that is not currently served
468by water or sewer utilities, one of the following options must
469be followed:
470     (1)  The municipality shall transmit a comprehensive plan
471amendment that proposes specific amendments relating to the
472property anticipated for annexation to the Department of
473Community Affairs for review under chapter 163. After
474considering the department's review, the municipality may
475approve the annexation and comprehensive plan amendment
476concurrently. The local government must adopt the annexation and
477the comprehensive plan amendment as separate and distinct
478actions, but may take such actions at a single public hearing;
479or
480     (2)  A municipality and county shall enter into a joint
481planning agreement under s. 163.3171, which is adopted into the
482municipal comprehensive plan. The joint planning agreement must
483identify the geographic areas anticipated for annexation, the
484future land uses that the municipality would seek to establish,
485necessary public facilities and services, including
486transportation and school facilities and how such facilities
487will be provided, and natural resources, including surface water
488and groundwater resources, and how such resources will be
489protected. An amendment to the future land-use map of a
490comprehensive plan which is consistent with the joint planning
491agreement must be considered a small-scale amendment.
492     171.205  Consent requirements for annexation of land under
493this part.--Notwithstanding part I, an interlocal service
494boundary agreement may provide a process for annexation
495consistent with this section or with part I.
496     (1)  For all or a portion of the area within a designated
497municipal service area, the interlocal service boundary
498agreement may provide a flexible process for securing the
499consent of persons who are registered voters or own property in
500the area proposed for annexation, or of both such voters and
501owners, for the annexation of property within a municipal
502service area, with notice to such voters or owners as required
503in the interlocal service boundary agreement. The interlocal
504service boundary agreement may not authorize annexation unless
505the consent requirements of part I are met or the annexation is
506consented to by one or more of the following:
507     (a)  The municipality has received a petition for
508annexation from more than 50 percent of the registered voters
509who reside in the area proposed to be annexed.
510     (b)  The annexation is approved by a majority of the
511registered voters who reside in the area proposed to be annexed
512voting in a referendum on the annexation.
513     (c)  The municipality has received a petition for
514annexation from more than 50 percent of the persons who own
515property within the area proposed to be annexed.
516     (2)  If the area to be annexed includes a privately owned
517solid waste disposal facility as defined in s. 403.703 which
518receives municipal solid waste collected within the jurisdiction
519of multiple local governments, the annexing municipality must
520set forth in its plan the effects that the annexation of the
521solid waste disposal facility will have on the other local
522governments. The plan must also indicate that the owner of the
523affected solid waste disposal facility has been contacted in
524writing concerning the annexation, that an agreement between the
525annexing municipality and the solid waste disposal facility to
526govern the operations of the solid waste disposal facility if
527the annexation occurs has been approved, and that the owner of
528the solid waste disposal facility does not object to the
529proposed annexation.
530     (3)  For all or a portion of an enclave consisting of more
531than 20 acres within a designated municipal service area, the
532interlocal service boundary agreement may provide a flexible
533process for securing the consent of persons who are registered
534voters or own property in the area proposed for annexation, or
535of both such voters and owners, for the annexation of property
536within such an enclave, with notice to such voters or owners as
537required in the interlocal service boundary agreement. The
538interlocal service boundary agreement may not authorize
539annexation of enclaves under this subsection unless the consent
540requirements of part I are met, the annexation process includes
541one or more of the procedures in subsection (1), or the
542municipality has received a petition for annexation from one or
543more persons who own real property in excess of 50 percent of
544the total real property within the area to be annexed.
545     (4)  For all or a portion of an enclave consisting of 20
546acres or fewer within a designated municipal service area,
547within which enclave not more than 100 registered voters reside,
548the interlocal service boundary agreement may provide a flexible
549process for securing the consent of persons who are registered
550voters or own property in the area proposed for annexation, or
551of both such voters and owners, for the annexation of property
552within such an enclave, with notice to such voters or owners as
553required in the interlocal service boundary agreement. Such an
554annexation process may include one or more of the procedures in
555subsection (1) and may allow annexation according to the terms
556and conditions provided in the interlocal service boundary
557agreement, which may include a referendum of the registered
558voters who reside in the area proposed to be annexed.
559     171.206  Effect of interlocal service boundary area
560agreement on annexations.--
561     (1)  An interlocal service boundary agreement is binding on
562the parties to the agreement, and a party may not take any
563action that violates the interlocal service boundary agreement.
564     (2)  Notwithstanding part I, without consent of the county
565and the affected municipality by resolution, a county or an
566invited municipality may not take any action that violates the
567interlocal service boundary agreement.
568     (3)  If the independent special district that participated
569in the negotiation process pursuant to s. 171.203(2)(d) does not
570consent to the interlocal service boundary agreement and a
571municipality annexes an area within the independent special
572district, the independent special district may seek compensation
573using the process in s. 171.093.
574     171.207  Transfer of powers.--This part is an alternative
575provision otherwise provided by law, as authorized in s. 4, Art.
576VIII of the State Constitution, for any transfer of power
577resulting from an interlocal service boundary agreement for the
578provision of services or the acquisition of public facilities
579entered into by a county, municipality, independent special
580district, or other entity created pursuant to law.
581     171.208  Municipal extraterritorial power.--This part
582authorizes a municipality to exercise extraterritorial powers
583that include, but are not limited to, the authority to provide
584services and facilities within the unincorporated area or within
585the territory of another municipality as provided within an
586interlocal service boundary agreement. These powers are in
587addition to other municipal powers that otherwise exist.
588However, this power is subject to the jurisdiction of the Public
589Service Commission to resolve territorial disputes under s.
590366.04. An interlocal agreement has no effect on the resolution
591of a territorial dispute to be determined by the Public Service
592Commission.
593     171.209  County powers in an incorporated area.--As
594provided in an interlocal service boundary agreement, this part
595authorizes a county to exercise powers within a municipality
596that include, but are not limited to, the authority to provide
597services and facilities within the territory of a municipality.
598These powers are in addition to other county powers that
599otherwise exist.
600     171.21  Effect of part on interlocal agreement and county
601charter.--A joint planning agreement, a charter provision
602adopted under s. 171.044(4), or any other interlocal agreement
603between local governments, including a county, municipality, or
604independent special district, is not affected by this part;
605however, a county, municipality or independent special district
606may avail itself of this part, which may result in the repeal or
607modification of a joint planning agreement or other interlocal
608agreement. A local government within a county that has adopted a
609charter provision pursuant to s. 171.044(4) may avail itself of
610the provisions of this part which authorize an interlocal
611service boundary agreement if such interlocal agreement is
612consistent with the charter of that county, as the charter was
613approved, revised, or amended pursuant to s. 125.64.
614     171.211  Interlocal service boundary agreement presumed
615valid and binding.--
616     (1)  If there is litigation over the terms, conditions,
617construction, or enforcement of an interlocal service boundary
618agreement, the agreement shall be presumed valid, and the
619challenger has the burden of proving its invalidity.
620     (2)  Notwithstanding part I, it is the intent of this part
621to authorize a municipality to enter into an interlocal service
622boundary agreement that enhances, restricts, or precludes
623annexations during the term of the agreement.
624     171.212  Disputes regarding construction and effect of an
625interlocal service boundary agreement.--If there is a question
626or dispute about the construction or effect of an interlocal
627service boundary agreement, a local government shall initiate
628and proceed through the conflict resolution procedures
629established in chapter 164. If there is a failure to resolve the
630conflict, no later than 30 days following the conclusion of the
631procedures established in chapter 164, the local government may
632file an action in circuit court. For purposes of this section,
633the term "local government" means a party to the interlocal
634service boundary agreement.
635     Section 2.  Sections 171.011-171.093, Florida Statutes, and
636section 171.094, Florida Statutes, as created by this act, are
637designated as part I of chapter 171, Florida Statutes.
638     Section 3.  Section 171.011, Florida Statutes, is amended
639to read:
640     171.011  Short title.--This part chapter shall be known and
641may be cited as the "Municipal Annexation or Contraction Act."
642     Section 4.  Section 171.031, Florida Statutes, is amended
643to read:
644     171.031  Definitions.--As used in this part chapter, the
645following words and terms have the following meanings unless
646some other meaning is plainly indicated:
647     (1)  "Annexation" means the adding of real property to the
648boundaries of an incorporated municipality, such addition making
649such real property in every way a part of the municipality.
650     (2)  "Contraction" means the reversion of real property
651within municipal boundaries to an unincorporated status.
652     (3)  "Municipality" means a municipality created pursuant
653to general or special law authorized or recognized pursuant to
654s. 2 or s. 6, Art. VIII of the State Constitution.
655     (4)  "Newspaper of general circulation" means a newspaper
656printed in the language most commonly spoken in the area within
657which it circulates, which is readily available for purchase by
658all inhabitants in its area of circulation, but does not include
659a newspaper intended primarily for members of a particular
660professional or occupational group, a newspaper whose primary
661function is to carry legal notices, or a newspaper that is given
662away primarily to distribute advertising.
663     (5)  "Parties affected" means any persons or firms owning
664property in, or residing in, either a municipality proposing
665annexation or contraction or owning property that is proposed
666for annexation to a municipality or any governmental unit with
667jurisdiction over such area.
668     (6)  "Qualified voter" means any person registered to vote
669in accordance with law.
670     (7)  "Sufficiency of petition" means the verification of
671the signatures and addresses of all signers of a petition with
672the voting list maintained by the county supervisor of elections
673and certification that the number of valid signatures represents
674the required percentage of the total number of qualified voters
675in the area affected by a proposed annexation.
676     (8)  "Urban in character" means an area used intensively
677for residential, urban recreational or conservation parklands,
678commercial, industrial, institutional, or governmental purposes
679or an area undergoing development for any of these purposes.
680     (9)  "Urban services" means any services offered by a
681municipality, either directly or by contract, to any of its
682present residents.
683     (10)  "Urban purposes" means that land is used intensively
684for residential, commercial, industrial, institutional, and
685governmental purposes, including any parcels of land retained in
686their natural state or kept free of development as dedicated
687greenbelt areas.
688     (11)  "Contiguous" means that a substantial part of a
689boundary of the territory sought to be annexed by a municipality
690is coterminous with a part of the boundary of the municipality.
691The separation of the territory sought to be annexed from the
692annexing municipality by a publicly owned county park; a right-
693of-way for a highway, road, railroad, canal, or utility; or a
694body of water, watercourse, or other minor geographical division
695of a similar nature, running parallel with and between the
696territory sought to be annexed and the annexing municipality,
697shall not prevent annexation under this act, provided the
698presence of such a division does not, as a practical matter,
699prevent the territory sought to be annexed and the annexing
700municipality from becoming a unified whole with respect to
701municipal services or prevent their inhabitants from fully
702associating and trading with each other, socially and
703economically. However, nothing herein shall be construed to
704allow local rights-of-way, utility easements, railroad rights-
705of-way, or like entities to be annexed in a corridor fashion to
706gain contiguity; and when any provision or provisions of special
707law or laws prohibit the annexation of territory that is
708separated from the annexing municipality by a body of water or
709watercourse, then that law shall prevent annexation under this
710act.
711     (12)  "Compactness" means concentration of a piece of
712property in a single area and precludes any action which would
713create enclaves, pockets, or finger areas in serpentine
714patterns. Any annexation proceeding in any county in the state
715shall be designed in such a manner as to ensure that the area
716will be reasonably compact.
717     (13)  "Enclave" means:
718     (a)  Any unincorporated improved or developed area that is
719enclosed within and bounded on all sides by a single
720municipality; or
721     (b)  Any unincorporated improved or developed area that is
722enclosed within and bounded by a single municipality and a
723natural or manmade obstacle that allows the passage of vehicular
724traffic to that unincorporated area only through the
725municipality.
726     Section 5.  Subsection (2) of section 171.042, Florida
727Statutes, is amended, and subsection (3) is added to that
728section, to read:
729     171.042  Prerequisites to annexation.--
730     (2)  Not less than 15 days prior to commencing the
731annexation procedures under s. 171.0413, the governing body of
732the municipality shall file a copy of the report required by
733this section with the board of county commissioners of the
734county wherein the municipality is located. Failure to timely
735file the report as required in this subsection may be the basis
736for a cause of action invalidating the annexation.
737     (3)  The governing body of the municipality shall mail by
738certified mail, not less than 10 days prior to the date set for
739the first public hearing required by s. 171.0413(1), a written
740notice to each person who resides or owns property within the
741area proposed to be annexed. The notice must describe the
742annexation proposal, the time and place for each public hearing
743to be held regarding the annexation, and the place or places
744within the municipality where the proposed ordinance may be
745inspected by the public. A copy of the notice must be kept
746available for public inspection during the regular business
747hours of the office of the clerk of the governing body.
748     Section 6.  Subsection (6) of section 171.044, Florida
749Statutes, is amended to read:
750     171.044  Voluntary annexation.--
751     (6)  Not less than 10 days prior to Upon publishing or
752posting the ordinance notice required under subsection (2), the
753governing body of the municipality must provide a copy of the
754notice, via certified mail, to the board of the county
755commissioners of the county wherein the municipality is located.
756The notice provision provided in this subsection may shall not
757be the basis for a of any cause of action invalidating
758challenging the annexation.
759     Section 7.  Section 171.045, Florida Statutes, is amended
760to read:
761     171.045  Annexation limited to a single county.--In order
762for an annexation proceeding to be valid for the purposes of
763this part chapter, the annexation must take place within the
764boundaries of a single county.
765     Section 8.  Section 171.081, Florida Statutes, is amended
766to read:
767     171.081  Appeal on annexation or contraction.--
768     (1)  No later than 30 days following the passage of an
769annexation or contraction ordinance, Any party affected who
770believes that he or she will suffer material injury by reason of
771the failure of the municipal governing body to comply with the
772procedures set forth in this part chapter for annexation or
773contraction or to meet the requirements established for
774annexation or contraction as they apply to his or her property
775may file a petition in the circuit court for the county in which
776the municipality or municipalities are located seeking review by
777certiorari. The action may be initiated at the party's option
778within 30 days following the passage of the annexation or
779contraction ordinance or within 30 days following the completion
780of the dispute resolution process in subsection (2). In any
781action instituted pursuant to this subsection section, the
782complainant, should he or she prevail, shall be entitled to
783reasonable costs and attorney's fees.
784     (2)  If the affected party is a governmental entity, no
785later than 30 days following the passage of an annexation or
786contraction ordinance the governmental entity must initiate and
787proceed through the conflict resolution procedures established
788in chapter 164. If there is a failure to resolve the conflict,
789no later than 30 days following the conclusion of the procedures
790established in chapter 164 the governmental entity that
791initiated the conflict resolution procedures may file a petition
792in the circuit court for the county in which the municipality or
793municipalities are located seeking review by certiorari. In any
794legal action instituted pursuant to this subsection, the
795prevailing party is entitled to reasonable costs and attorney's
796fees.
797     Section 9.  Section 171.094, Florida Statutes, is created
798to read:
799     171.094  Effect of interlocal service boundary agreements
800adopted under part II on annexations under this part.--
801     (1)  An interlocal service boundary agreement entered into
802pursuant to part II is binding on the parties to the agreement,
803and a party may not take any action that violates the interlocal
804service boundary agreement.
805     (2)  Notwithstanding any other provision of this part,
806without the consent of the county the affected municipality, or
807affected independent special district by resolution, a county,
808an invited municipality, or independent special district may not
809take any action that violates an interlocal service boundary
810agreement.
811     Section 10.  Subsection (11) of section 163.01, Florida
812Statutes, is amended to read:
813     163.01  Florida Interlocal Cooperation Act of 1969.--
814     (11)  Prior to its effectiveness, an interlocal agreement
815and subsequent amendments thereto shall be filed with the clerk
816of the circuit court of each county where a party to the
817agreement is located; however, if the parties to the agreement
818are located in multiple counties and the agreement, pursuant to
819subsection (7), provides for a separate legal entity or
820administrative entity to administer the agreement, the
821interlocal agreement and any amendments to the interlocal
822agreement may be filed with the clerk of the circuit court in
823the county where the legal or administrative entity maintains
824its principal place of business.
825     Section 11.  Section 164.1058, Florida Statutes, is amended
826to read:
827     164.1058  Penalty.--If a primary conflicting governmental
828entity which has received notice of intent to initiate the
829conflict resolution procedure pursuant to this act fails to
830participate in good faith in the conflict assessment meeting,
831mediation, or other remedies provided for in this act, and the
832initiating governmental entity files suit and is the prevailing
833party in such suit, the primary disputing governmental entity
834that which failed to participate in good faith shall be required
835to pay the attorney's fees and costs in that proceeding of the
836prevailing primary conflicting governmental entity which
837initiated the conflict resolution procedure.
838     Section 12.  This act shall take effect upon becoming a
839law.


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