Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 692
       
       
       
       
       
       
                                Barcode 248456                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/12/2012           .                                
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       The Committee on Community Affairs (Bennett) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 165.031, Florida Statutes, is amended to
    6  read:
    7         165.031 Definitions.—The following terms and phrases, when
    8  used in this chapter, shall have the meanings ascribed to them
    9  in this section, except where the context clearly indicates a
   10  different meaning:
   11         (1) “Unit of local government” means any local general
   12  purpose government.
   13         (2) “Local general-purpose government” means a county,
   14  municipality, or consolidated city-county government.
   15         (1)(3) “County” means a political subdivision of the state
   16  established pursuant to s. 1, Art. VIII of the State
   17  Constitution.
   18         (2)(6) “Formation” means any one of the following
   19  activities:
   20         (a) “Incorporation”—The establishment of a municipality.
   21         (b) “Dissolution”—The dissolving of the corporate status of
   22  a municipality.
   23         (c) “Merger”—The merging of two or more municipalities with
   24  each other and with any unincorporated areas authorized pursuant
   25  to this act to form a new municipality; the merging of one or
   26  more municipalities or special districts, in any combination
   27  thereof, with each other; or the merging of one or more counties
   28  with one or more special districts.
   29         (3)(4) “Municipality” means a municipality created pursuant
   30  to general or special law authorized or recognized pursuant to
   31  s. 2 or s. 6, Art. VIII of the State Constitution.
   32         (7) “Service delivery” means any mechanism used by a unit
   33  of local government to provide governmental services.
   34         (4)(8) “Newspaper of general circulation” means a newspaper
   35  printed in the language most commonly spoken in the area within
   36  which it circulates, which is readily available for purchase by
   37  all inhabitants in its area of circulation, but does not include
   38  a newspaper intended primarily for members of a particular
   39  professional or occupational group, a newspaper the primary
   40  function of which is to carry legal notices, or a newspaper that
   41  is given away primarily to distribute advertising.
   42         (5)(9) “Parties affected” means any person owning property
   43  or residing in a municipality proposing a formation or in the
   44  territory that is proposed for a formation or any governmental
   45  unit with jurisdiction over such area.
   46         (6)(10) “Qualified voter” means any person registered to
   47  vote in accordance with law.
   48         (7)(5) “Special district” means a local unit of special
   49  government, as defined in s. 189.403(1). This term includes
   50  dependent special districts, as defined in s. 189.403(2), and
   51  independent special districts, as defined in s. 189.403(3). All
   52  provisions of s. 200.001(8)(d) and (e) shall be considered
   53  provisions of this chapter.
   54         (11) “Sufficiency of petition” means the verification of
   55  the signatures and addresses of all signers of a petition with
   56  the voting list maintained by the county supervisor of elections
   57  and certification that the number of valid signatures represents
   58  the required percentage of the total number of qualified voters
   59  in the area affected by a proposal pursuant to this chapter.
   60         Section 2. Paragraph (b) of subsection (1) of section
   61  165.041, Florida Statutes, is amended to read:
   62         165.041 Incorporation; merger.—
   63         (1)
   64         (b) To inform the Legislature on the feasibility of a
   65  proposed incorporation of a municipality, a feasibility study
   66  shall be completed and submitted to the Legislature no later
   67  than the first Monday after September 1 of the year 90 days
   68  before the first day of the regular session of the Legislature
   69  during which the municipal charter would be enacted. The
   70  feasibility study shall contain the following:
   71         1. The general location of territory subject to boundary
   72  change and a map of the area which identifies the proposed
   73  change.
   74         2. The major reasons for proposing the boundary change.
   75         3. The following characteristics of the area:
   76         a. A list of the current land use designations applied to
   77  the subject area in the county comprehensive plan.
   78         b. A list of the current county zoning designations applied
   79  to the subject area.
   80         c. A general statement of present land use characteristics
   81  of the area.
   82         d. A description of development being proposed for the
   83  territory, if any, and a statement of when actual development is
   84  expected to begin, if known.
   85         4. A list of all public agencies, such as local
   86  governments, school districts, and special districts, whose
   87  current boundary falls within the boundary of the territory
   88  proposed for the change or reorganization.
   89         5. A list of current services being provided within the
   90  proposed incorporation area, including, but not limited to,
   91  water, sewer, solid waste, transportation, public works, law
   92  enforcement, fire and rescue, zoning, street lighting, parks and
   93  recreation, and library and cultural facilities, and the
   94  estimated costs for each current service.
   95         6. A list of proposed services to be provided within the
   96  proposed incorporation area, and the estimated cost of such
   97  proposed services.
   98         7. The names and addresses of three officers or persons
   99  submitting the proposal.
  100         8. Evidence of fiscal capacity and an organizational plan
  101  as it relates to the area seeking incorporation that, at a
  102  minimum, includes:
  103         a. Existing tax bases, including ad valorem taxable value,
  104  utility taxes, sales and use taxes, franchise taxes, license and
  105  permit fees, charges for services, fines and forfeitures, and
  106  other revenue sources, as appropriate.
  107         b. A 5-year operational plan that, at a minimum, includes
  108  proposed staffing, building acquisition and construction, debt
  109  issuance, and budgets.
  110         9. Data and analysis to support the conclusions that
  111  incorporation is necessary and financially feasible, including
  112  population projections and population density calculations, and
  113  an explanation concerning methodologies used for such analysis.
  114         10. Evaluation of the alternatives available to the area to
  115  address its policy concerns.
  116         11. Evidence that the proposed municipality meets the
  117  requirements for incorporation pursuant to s. 165.061.
  118         Section 3. Section 257.171, Florida Statutes, is amended to
  119  read:
  120         257.171 Multicounty libraries.—Units of local government,
  121  as defined in s. 165.031(1), may establish a multicounty
  122  library. The Division of Library and Information Services may
  123  establish operating standards and rules under which a
  124  multicounty library is eligible to receive state moneys. For a
  125  multicounty library, a local government may pay moneys in
  126  advance in lump sum from its public funds for the provision of
  127  library services only.
  128         Section 4. This act shall take effect July 1, 2012.
  129  
  130  
  131  ================= T I T L E  A M E N D M E N T ================
  132         And the title is amended as follows:
  133         Delete everything before the enacting clause
  134  and insert:
  135                        A bill to be entitled                      
  136         An act relating to the formation of local governments;
  137  amending s. 165.031, F.S.; deleting definitions; amending s.
  138  165.041, F.S.; revising the deadline for submission of a
  139  feasibility study of a proposed incorporation of a municipality;
  140  revising a requirement for the content of the study; amending s.
  141  257.171, F.S.; conforming a cross-reference; providing an
  142  effective date.