HB 1589

1	A bill to be entitled
2	An act relating to the Indian River County urban service
3	boundary; providing definitions; authorizing the Board of
4	County Commissioners of Indian River County to exercise
5	exclusive authority regarding the adoption of
6	comprehensive plans provided in part II of chapter 163,
7	Florida Statutes, for those areas in Indian River County
8	outside the urban service boundary area; establishing the
9	urban service boundary area; limiting the circumstances
10	under which the urban service boundary area may be
11	modified; providing for a transfer of power; requiring a
12	referendum subject to an extraordinary vote; providing a
13	ballot statement; providing an effective date.
14
15	WHEREAS, Indian River County is a noncharter county
16	operating under Section 1(f), Article VIII of the State
17	Constitution with the power of self-government as is provided by
18	general or special law, and
19	WHEREAS, under Section 1(f), Article VIII of the State
20	Constitution, an ordinance by Indian River County that is in
21	conflict with a municipal ordinance shall not be effective
22	within the municipality to the extent of such conflict, unless
23	there is no municipal purpose for the municipal ordinance, and
24	WHEREAS, the power of the municipalities within Indian
25	River County is provided in Section 2(b), Article VIII of the
26	State Constitution to include "governmental, corporate and
27	proprietary powers to enable them to conduct municipal
28	government, perform municipal functions and render municipal
29	services," and the municipalities "may exercise any power for
30	municipal purposes except as otherwise provided by law," and
31	WHEREAS, Section 2(c), Article VIII of the State
32	Constitution authorizes the Legislature by general law or
33	special act to provide for municipal annexation of
34	unincorporated territory and for the extraterritorial power of
35	municipalities, and
36	WHEREAS, Section 4, Article VIII of the State Constitution
37	authorizes the Legislature by law to determine whether and under
38	what circumstances a transfer of power among local governments
39	may occur, and
40	WHEREAS, part II of chapter 163, Florida Statutes, provides
41	authority for the municipalities within Indian River County to
42	exercise comprehensive land use and zoning power for property
43	within the geographic limits of the municipality, and
44	WHEREAS, part II of chapter 163, Florida Statutes, provides
45	authority for the Board of County Commissioners of Indian River
46	County to exercise comprehensive land use and zoning power for
47	property within the unincorporated area of the county, and
48	WHEREAS, section 171.062, Florida Statutes, provides that
49	if an area annexed by a municipality was subject to a county
50	land use plan and county zoning and subdivision regulations, the
51	county regulations remain in effect until the municipality
52	adopts a comprehensive plan amendment that includes the annexed
53	area, and
54	WHEREAS, the Indian River County comprehensive land use
55	plan adopted pursuant to part II of chapter 163, Florida
56	Statutes, establishes an urban service boundary area, outside of
57	which consists of area within the unincorporated area of the
58	county, and
59	WHEREAS, on November 7, 2006, the voters of Indian River
60	County approved allowing the Board of County Commissioners of
61	Indian River County to have exclusive authority and power to
62	adopt a comprehensive plan within the entire area of Indian
63	River County outside of the urban service boundary area,
64	including both unincorporated areas and the incorporated areas,
65	NOW, THEREFORE,
66
67	Be It Enacted by the Legislature of the State of Florida:
68
69	Section 1.  Definitions.--As used in this act, the
70	following terms shall have the following meanings:
71	(1)  "Board of county commissioners" means the governing
72	body of Indian River County.
73	(2)  "County" means Indian River County.
74	(3)  "Municipality" means any or all of the several
75	municipalities within the county.
76	(4)  "Qualified elector" means a person who is registered
77	to vote in a general election held in Indian River County.
78	(5)  "Urban service boundary area" means the geographical
79	area established by this act, and altered as provided in this
80	act, which consists of property within the unincorporated area
81	and may in the future include property within one or more
82	municipalities.
83	Section 2.  Establishment of the urban service boundary
84	area.--There is hereby established an urban service boundary
85	area consisting of property within the boundary described in the
86	Indian River County comprehensive land use plan.
87	Section 3.  Preemption of land use power to the
88	county.--Notwithstanding section 163.3171(1) and (2), Florida
89	Statutes, and other provisions of general law, the Legislature
90	hereby preempts to the board of county commissioners the
91	exclusive authority under part II of chapter 163, Florida
92	Statutes, over the total area outside the urban service boundary
93	area. In the event of annexation of any land outside the urban
94	service boundary area by a municipality subsequent to the
95	effective date of this act, the land development regulations as
96	defined in section 163.3164(23), Florida Statutes, adopted and
97	implemented for such annexed area by the municipality having
98	jurisdiction shall be subject to and consistent with, or must be
99	amended to be subject to and consistent with, the comprehensive
100	plan adopted by the board of county commissioners for land
101	outside the urban service boundary area pursuant to the
102	requirements of sections 163.3177 and 163.31777, Florida
103	Statutes.
104	Section 4.  Urban service boundary area modification.--The
105	borders of the urban service boundary area may be modified only
106	by the board of county commissioners and only upon approval of a
107	majority of those qualified electors of the county voting in a
108	referendum called for that purpose by the board of county
109	commissioners to be held in accordance with the provisions of
110	law relating to elections then in force. For purposes of this
111	section, the board of county commissioners shall be deemed to
112	have modified the borders of the urban service boundary area and
113	electorate approval shall therefore be required, only if the
114	board of county commissioners should take any action to permit
115	any housing development outside the urban service boundary area
116	with a density higher than the maximum density allowed pursuant
117	to the county's adopted comprehensive plan in effect on the
118	effective date of this act.
119	Section 5.  Transfer of power.--This act is an alternative
120	provision otherwise provided by law as authorized in Section 4,
121	Article VIII of the State Constitution for any transfer of power
122	to the county from any municipality within the county, and no
123	referendum shall be required except as expressly provided in
124	this act.
125	Section 6.  Referendum.--In conjunction with the next
126	countywide general election, and in accordance with the general
127	laws governing elections, the Supervisor of Elections of Indian
128	River County shall conduct a referendum of qualified electors of
129	the county for the purpose of posing the following question:
130
131	Shall legislation be enacted to: establish an urban service
132	boundary area in Indian River County; transfer comprehensive
133	land use and zoning power to Indian River County from any
134	affected municipality for property outside the urban service
135	boundary area; and require referendum approval of any future
136	modification to the urban service boundary area by the board of
137	county commissioners?
138	___Yes
139	___No
140	Section 7.  This act shall take effect only upon its
141	approval by 60 percent of those qualified electors of the county
142	voting in a referendum held in accordance with section 6, except
143	that this section and section 6 shall take effect upon becoming
144	a law.

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