Florida Senate - 2011                                    SB 1416
       
       
       
       By Senator Benacquisto
       
       
       
       
       27-00989-11                                           20111416__
    1                        A bill to be entitled                      
    2         An act relating to small municipalities; amending s.
    3         163.3164, F.S.; defining the term “municipality of
    4         special financial concern”; amending s. 163.3177,
    5         F.S.; requiring the state land planning agency to
    6         grant a waiver from requirements relating to updating
    7         the capital improvements element of the comprehensive
    8         plan and amendments updating the regional water supply
    9         plan to certain municipal applicants who meet
   10         specified criteria; amending s. 163.3191, F.S.;
   11         requiring the state land planning agency to grant a
   12         waiver of requirements to certain municipal applicants
   13         who meet specified criteria; amending s. 218.39, F.S.;
   14         revising the amount of municipal revenues or
   15         expenditures and expenses that require a municipality
   16         to complete a financial audit of its accounts and
   17         records; providing an effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Subsection (35) is added to section 163.3164,
   22  Florida Statutes, to read:
   23         163.3164 Local Government Comprehensive Planning and Land
   24  Development Regulation Act; definitions.—As used in this act:
   25         (35) “Municipality of special financial concern” means:
   26         (a) Any municipality of special financial concern, as
   27  defined in s. 200.185(1)(b), with a per capita taxable value of
   28  assessed property of $58,000 or less; or
   29         (b) Any municipality that has a population under 20,000
   30  with a per capita taxable value of assessed property of $46,000
   31  or less.
   32         Section 2. Subsection (16) is added to section 163.3177,
   33  Florida Statutes, to read:
   34         163.3177 Required and optional elements of comprehensive
   35  plan; studies and surveys.—
   36         (16)(a) A municipality of special financial concern or with
   37  annual revenues or expenditures of less than $1 million may
   38  apply to the state land planning agency for a waiver from the
   39  updating requirements of subsection (3) applicable to the
   40  existing capital improvements element and schedule, and the
   41  agency must grant the waiver upon finding that the municipality
   42  has acknowledged in the application that it recognizes that any
   43  future amendments to the comprehensive plan require a
   44  determination of any necessary capital improvements and that the
   45  municipality meets one or more of the following criteria:
   46         1. There is vacant property equaling 15 percent or less of
   47  the total land area of the municipality or a total of 25 acres;
   48         2. There are no scheduled capital improvements; or
   49         3. The municipality has not experienced one or more of the
   50  following:
   51         a. Annexation activity within the last year.
   52         b. New development since the last update of the capital
   53  improvements element and schedule.
   54         c. Change to its comprehensive plan since the last review
   55  of the capital improvements element.
   56         (b) A municipality of special financial concern or with
   57  annual revenues or expenditures of less than $1 million may
   58  apply to the state land planning agency for a waiver from the
   59  requirements of this section applicable to amendments to update
   60  the regional water supply plan, and the agency must grant the
   61  waiver upon finding that the municipality has acknowledged in
   62  the application that it recognizes that any future amendments to
   63  the comprehensive plan require a determination of any necessary
   64  capital improvements and that the municipality has demonstrated
   65  no significant impact by meeting one or more of the following
   66  criteria:
   67         1. There is vacant property equaling 15 percent or less of
   68  the total land area of the municipality or a total of 25 acres;
   69         2. There are no scheduled capital improvements; or
   70         3. The municipality did not experience one or more of the
   71  following:
   72         a. Annexation activity within the last year.
   73         b. New development since the last update of the capital
   74  improvements element and schedule.
   75         c. Change to its comprehensive plan since the last review
   76  of the capital improvements element.
   77         Section 3. Subsection (15) is added to section 163.3191,
   78  Florida Statutes, to read:
   79         163.3191 Evaluation and appraisal of comprehensive plan.—
   80         (15) A municipality of special financial concern or with
   81  annual revenues or expenditures of less than $1 million may
   82  apply to the state land planning agency for a waiver of the
   83  scoping meeting requirement of subsection (3) or other
   84  requirements of this section, and the agency must grant the
   85  waiver upon finding that the municipality has acknowledged in
   86  the application that it recognizes that any future amendments to
   87  the comprehensive plan require a determination of any necessary
   88  capital improvements and that the municipality meets one or more
   89  of the following criteria:
   90         (a) There is vacant property equaling 15 percent or less of
   91  the total land area of the municipality or a total of 25 acres;
   92         (b) There are no scheduled capital improvements; or
   93         (c) Has not experienced one or more of the following:
   94         1. Annexation activity within the last year.
   95         2. New development since the last update of the capital
   96  improvements element and schedule.
   97         3. Change to its comprehensive plan since the last review
   98  of the capital improvements element.
   99         Section 4. Paragraphs (b) and (g) of subsection (1) of
  100  section 218.39, Florida Statutes, are amended to read:
  101         218.39 Annual financial audit reports.—
  102         (1) If, by the first day in any fiscal year, a local
  103  governmental entity, district school board, charter school, or
  104  charter technical career center has not been notified that a
  105  financial audit for that fiscal year will be performed by the
  106  Auditor General, each of the following entities shall have an
  107  annual financial audit of its accounts and records completed
  108  within 12 months after the end of its fiscal year by an
  109  independent certified public accountant retained by it and paid
  110  from its public funds:
  111         (b) Any municipality with revenues or the total of
  112  expenditures and expenses of $1 million or more in excess of
  113  $250,000.
  114         (g) Each municipality with revenues or the total of
  115  expenditures and expenses less than $1 million between $100,000
  116  and $250,000 that has not been subject to a financial audit
  117  pursuant to this subsection for the 2 preceding fiscal years.
  118         Section 5. This act shall take effect July 1, 2011.