CS for SB 692                                    Third Engrossed
       
       
       
       
       
       
       
       
       2012692e3
       
    1                        A bill to be entitled                      
    2         An act relating to the formation of local governments;
    3         amending s. 165.031, F.S.; deleting definitions;
    4         amending s. 165.041, F.S.; revising the deadline for
    5         submission of a feasibility study of a proposed
    6         incorporation of a municipality; revising a
    7         requirement for the content of the study; creating s.
    8         165.0615, F.S.; providing that qualified electors of
    9         an independent special district that meets certain
   10         criteria may commence a municipal conversion
   11         proceeding by filing a petition with the governing
   12         body of the independent special district; providing
   13         criteria for the petition; providing that the petition
   14         must be filed with the governing body of the
   15         independent special district and submitted to the
   16         supervisor of elections of each county in which the
   17         district lands are located; requiring that the
   18         supervisor of elections certify within a certain time
   19         to the governing body the number of signatures of
   20         qualified electors contained in the petition;
   21         requiring the governing body to meet, prepare, and
   22         approve by resolution a proposed elector-initiated
   23         combined conversion and incorporation plan; providing
   24         criteria for the plan; providing criteria for
   25         approving the resolution; requiring the governing body
   26         to provide notice and public access to the elector
   27         initiated combined municipal incorporation plan;
   28         providing criteria for a public hearing on the
   29         proposed elector-initiated combined municipal
   30         incorporation plan; providing notice of a final public
   31         hearing, a descriptive summary of the elector
   32         initiated combined municipal incorporation plan, and a
   33         reference to the public place where a copy of the plan
   34         can be examined; authorizing the governing body to
   35         amend the municipal incorporation plan after the final
   36         hearing if notice and public hearing requirements are
   37         met; requiring the governing body to approve the final
   38         version of the plan within a certain time after the
   39         final hearing; requiring the governing body to notify
   40         the supervisor of elections of the county within which
   41         the special district is located of the adoption of the
   42         resolution; providing for notice of the referendum;
   43         requiring that the referendum be held in accordance
   44         with the election code; requiring the independent
   45         special district to bear the costs associated with the
   46         referendum; providing for the form of the ballot
   47         question; providing for the counting of ballots,
   48         making and canvassing of returns, and certifying of
   49         the results; requiring a majority of the votes cast in
   50         the independent special district for the incorporation
   51         plan to take effect; requiring that the independent
   52         special district notify the special district
   53         information program and certain local general-purpose
   54         governments that the plan was approved; prohibiting a
   55         conversion process from being initiated for 2 years if
   56         the referendum fails; providing for interim governance
   57         of the district; providing for an effective date of
   58         the incorporation; amending s. 257.171, F.S.;
   59         conforming a cross-reference; providing an effective
   60         date.
   61  
   62  Be It Enacted by the Legislature of the State of Florida:
   63  
   64         Section 1. Section 165.031, Florida Statutes, is amended to
   65  read:
   66         165.031 Definitions.—The following terms and phrases, when
   67  used in this chapter, shall have the meanings ascribed to them
   68  in this section, except where the context clearly indicates a
   69  different meaning:
   70         (1) “Unit of local government” means any local general
   71  purpose government.
   72         (2) “Local general-purpose government” means a county,
   73  municipality, or consolidated city-county government.
   74         (1)(3) “County” means a political subdivision of the state
   75  established pursuant to s. 1, Art. VIII of the State
   76  Constitution.
   77         (2)(6) “Formation” means any one of the following
   78  activities:
   79         (a) “Incorporation”—The establishment of a municipality.
   80         (b) “Dissolution”—The dissolving of the corporate status of
   81  a municipality.
   82         (c) “Merger”—The merging of two or more municipalities with
   83  each other and with any unincorporated areas authorized pursuant
   84  to this act to form a new municipality; the merging of one or
   85  more municipalities or special districts, in any combination
   86  thereof, with each other; or the merging of one or more counties
   87  with one or more special districts.
   88         (3)(4) “Municipality” means a municipality created pursuant
   89  to general or special law authorized or recognized pursuant to
   90  s. 2 or s. 6, Art. VIII of the State Constitution.
   91         (7) “Service delivery” means any mechanism used by a unit
   92  of local government to provide governmental services.
   93         (4)(8) “Newspaper of general circulation” means a newspaper
   94  printed in the language most commonly spoken in the area within
   95  which it circulates, which is readily available for purchase by
   96  all inhabitants in its area of circulation, but does not include
   97  a newspaper intended primarily for members of a particular
   98  professional or occupational group, a newspaper the primary
   99  function of which is to carry legal notices, or a newspaper that
  100  is given away primarily to distribute advertising.
  101         (5)(9) “Parties affected” means any person owning property
  102  or residing in a municipality proposing a formation or in the
  103  territory that is proposed for a formation or any governmental
  104  unit with jurisdiction over such area.
  105         (6)(10) “Qualified voter” means any person registered to
  106  vote in accordance with law.
  107         (7)(5) “Special district” means a local unit of special
  108  government, as defined in s. 189.403(1). This term includes
  109  dependent special districts, as defined in s. 189.403(2), and
  110  independent special districts, as defined in s. 189.403(3). All
  111  provisions of s. 200.001(8)(d) and (e) shall be considered
  112  provisions of this chapter.
  113         (11) “Sufficiency of petition” means the verification of
  114  the signatures and addresses of all signers of a petition with
  115  the voting list maintained by the county supervisor of elections
  116  and certification that the number of valid signatures represents
  117  the required percentage of the total number of qualified voters
  118  in the area affected by a proposal pursuant to this chapter.
  119         Section 2. Paragraph (b) of subsection (1) of section
  120  165.041, Florida Statutes, is amended to read:
  121         165.041 Incorporation; merger.—
  122         (1)
  123         (b) To inform the Legislature on the feasibility of a
  124  proposed incorporation of a municipality, a feasibility study
  125  shall be completed and submitted to the Legislature no later
  126  than the first Monday after September 1 of the year 90 days
  127  before the first day of the regular session of the Legislature
  128  during which the municipal charter would be enacted. The
  129  feasibility study shall contain the following:
  130         1. The general location of territory subject to boundary
  131  change and a map of the area which identifies the proposed
  132  change.
  133         2. The major reasons for proposing the boundary change.
  134         3. The following characteristics of the area:
  135         a. A list of the current land use designations applied to
  136  the subject area in the county comprehensive plan.
  137         b. A list of the current county zoning designations applied
  138  to the subject area.
  139         c. A general statement of present land use characteristics
  140  of the area.
  141         d. A description of development being proposed for the
  142  territory, if any, and a statement of when actual development is
  143  expected to begin, if known.
  144         4. A list of all public agencies, such as local
  145  governments, school districts, and special districts, whose
  146  current boundary falls within the boundary of the territory
  147  proposed for the change or reorganization.
  148         5. A list of current services being provided within the
  149  proposed incorporation area, including, but not limited to,
  150  water, sewer, solid waste, transportation, public works, law
  151  enforcement, fire and rescue, zoning, street lighting, parks and
  152  recreation, and library and cultural facilities, and the
  153  estimated costs for each current service.
  154         6. A list of proposed services to be provided within the
  155  proposed incorporation area, and the estimated cost of such
  156  proposed services.
  157         7. The names and addresses of three officers or persons
  158  submitting the proposal.
  159         8. Evidence of fiscal capacity and an organizational plan
  160  as it relates to the area seeking incorporation that, at a
  161  minimum, includes:
  162         a. Existing tax bases, including ad valorem taxable value,
  163  utility taxes, sales and use taxes, franchise taxes, license and
  164  permit fees, charges for services, fines and forfeitures, and
  165  other revenue sources, as appropriate.
  166         b. A 5-year operational plan that, at a minimum, includes
  167  proposed staffing, building acquisition and construction, debt
  168  issuance, and budgets.
  169         9. Data and analysis to support the conclusions that
  170  incorporation is necessary and financially feasible, including
  171  population projections and population density calculations, and
  172  an explanation concerning methodologies used for such analysis.
  173         10. Evaluation of the alternatives available to the area to
  174  address its policy concerns.
  175         11. Evidence that the proposed municipality meets the
  176  requirements for incorporation pursuant to s. 165.061.
  177         Section 3. Section 165.0615, Florida Statutes, is created
  178  to read:
  179         165.0615 Municipal conversion of independent special
  180  districts upon elector-initiated and approved referendum.—
  181         (1) The qualified electors of an independent special
  182  district may commence a municipal conversion proceeding by
  183  filing a petition with the governing body of the independent
  184  special district proposed to be converted if the district meets
  185  all of the following criteria:
  186         (a) It was created by special act of the Legislature.
  187         (b) It is designated as an improvement district and created
  188  pursuant to chapter 298 or is designated as a stewardship
  189  district and created pursuant to s. 189.404.
  190         (c) Its governing board is elected.
  191         (d) Its governing board agrees to the conversion.
  192         (e) It provides at least four of the following municipal
  193  services: water, sewer, solid waste, drainage, roads,
  194  transportation, public works, fire and rescue, street lighting,
  195  parks and recreation, or library or cultural facilities.
  196         (f) No portion of the district is located within the
  197  jurisdictional limits of a municipality.
  198         (2)(a) The petition must include signatures of at least 40
  199  percent of the qualified electors of the independent special
  200  district and must be submitted as provided in subsection (3) not
  201  later than 1 year after the start of the qualified elector
  202  initiated municipal conversion proceeding.
  203         (b) The petition must comply with, and be circulated in,
  204  the following form:
  205  
  206                PETITION FOR MUNICIPAL CONVERSION OF               
  207                    INDEPENDENT SPECIAL DISTRICT                   
  208  
  209         We, the undersigned electors and legal voters of
  210         (...name of independent special district...),
  211         qualified to vote at the next general or special
  212         election, respectfully petition that there be
  213         submitted to the electors and legal voters of (...name
  214         of independent special district proposed to be
  215         converted to a municipality...) for their approval or
  216         rejection at a referendum held for that purpose, a
  217         proposal to convert (...name of independent special
  218         district...) and incorporate (...proposed name of
  219         municipality...).
  220  
  221         In witness thereof, we have signed our names on the
  222         date indicated next to our signatures.
  223  
  224         DateName (print under signature)Home Address
  225         _________________________________________________
  226         _________________________________________________
  227  
  228         (c) The petition must be validated by a signed statement by
  229  a witness who is a duly qualified elector of the independent
  230  special district, a notary public, or another person authorized
  231  to take acknowledgements.
  232         (d) A statement that is signed by a witness who is a duly
  233  qualified elector of the district shall be accepted for all
  234  purposes as the equivalent of an affidavit. The statement must
  235  be in substantially the following form:
  236  
  237         “I, (...name of witness...), state that I am a duly
  238         qualified voter of (...name of independent special
  239         district...). Each of the (...insert number...)
  240         persons who have signed this petition sheet has signed
  241         his or her name in my presence on the dates indicated
  242         above and identified himself or herself to be the same
  243         person who signed the sheet. I understand that this
  244         statement will be accepted for all purposes as the
  245         equivalent of an affidavit and, if it contains a
  246         materially false statement, shall subject me to the
  247         penalties of perjury.”
  248  
  249         DateSignature of Witness
  250  
  251         (e) A statement that is signed by a notary public or
  252  another person authorized to take acknowledgements must be in
  253  substantially the following form:
  254  
  255         “On the date indicated above before me personally came
  256         each of the (...insert number...) electors and legal
  257         voters whose signatures appear on this petition sheet,
  258         who signed the petition in my presence and who, being
  259         by me duly sworn, each for himself or herself,
  260         identified himself or herself as the same person who
  261         signed the petition, and I declare that the foregoing
  262         information they provided was true.”
  263  
  264         DateSignature of Witness
  265  
  266         (f) An alteration or correction of information appearing on
  267  a petition’s signature line, other than a signature that was not
  268  initialed, and date, does not invalidate the signature. In
  269  matters of form, this paragraph must be liberally construed, not
  270  inconsistent with substantial compliance thereto and the
  271  prevention of fraud.
  272         (3) The appropriately signed petition must be filed with
  273  the governing body of the independent special district. The
  274  petition must be submitted to the supervisor of elections of the
  275  county in which the district lands are located. The supervisor
  276  of elections shall, within 30 business days after receipt of the
  277  petition, certify to the governing body the number of signatures
  278  of qualified electors contained on the petition.
  279         (4) Upon verification by the supervisor of elections of the
  280  county within which the independent special district lands are
  281  located that 40 percent of the qualified electors have
  282  petitioned for municipal conversion and that all such petitions
  283  have been executed within 1 year after the date of the
  284  initiation of the qualified-elector conversion process, the
  285  governing body of the independent special district shall meet
  286  within 30 business days to prepare and approve by resolution a
  287  proposed elector-initiated combined conversion and incorporation
  288  plan. The proposed plan must include:
  289         (a) The name of the independent special district to be
  290  converted to a municipality.
  291         (b) The name of the municipality to be created.
  292         (c) The conversion schedule.
  293         (d) Notwithstanding s. 165.061(1)(d), certification by a
  294  licensed surveyor that the boundaries of the proposed
  295  municipality do not overlap with any other municipal boundary
  296  and are contained within a single county.
  297         (e) The rights, duties, and obligations of the
  298  municipality, and a feasibility study that contains the
  299  requirements under s. 165.041(1)(b), except that the provisions
  300  of s. 165.061(1)(b)-(d) do not apply if the buildout of the land
  301  use allowed under the current county-approved comprehensive plan
  302  and zoning designations will meet the population and density
  303  requirements of s. 165.061(1)(b) and (c).
  304         (f) The territorial boundaries of the proposed
  305  municipality.
  306         (g) The governmental organization of the proposed
  307  municipality and independent special district as the
  308  organization concerns elected and appointed officials and public
  309  employees, along with a transitional plan and schedule for
  310  elections and appointments of officials.
  311         (h) An accounting of the independent special district’s
  312  assets, including, but not limited to, real and personal
  313  property, and the current value of the property.
  314         (i) An accounting of the independent special district’s
  315  liabilities and indebtedness, bonded and otherwise, and the
  316  current value of the liabilities and indebtedness.
  317         (j) Terms for addressing the ownership and obligations
  318  related to existing assets, liabilities, and indebtedness of the
  319  independent special district, jointly, separately, or in defined
  320  proportions.
  321         (k) Terms for the common administration and uniform
  322  enforcement of existing laws within the proposed municipality.
  323         (l) An estimated date for final payment of any bonded
  324  indebtedness of the independent special district, and if
  325  maintained by the district after incorporation, the estimated
  326  date of automatic dissolution of the independent special
  327  district.
  328         (m) The time and place for a public hearing on the proposed
  329  incorporation.
  330         (n) The effective date of the proposed incorporation.
  331         (5) The resolution endorsing the proposed elector-initiated
  332  municipal incorporation plan must be approved by a majority vote
  333  of the governing body of the independent special district and
  334  must be adopted at least 60 business days before any general or
  335  special election on the proposed elector-initiated plan.
  336         (6) Within 5 business days after the independent special
  337  district approves the proposed elector-initiated municipal
  338  incorporation plan, the governing body must:
  339         (a) Cause a copy of the proposed elector-initiated
  340  municipal incorporation plan, along with a descriptive summary
  341  of the plan, to be displayed and be readily accessible to the
  342  public for inspection in at least three public places within the
  343  territorial limits of the independent special district, unless
  344  the independent special district has fewer than three public
  345  places, in which case the plan must be accessible for inspection
  346  in all public places within the independent special district.
  347         (b) If applicable, cause the proposed elector-initiated
  348  municipal incorporation plan, along with a descriptive summary
  349  of the plan and a reference to the public places within the
  350  independent special district where a copy of the plan may be
  351  examined, to be displayed on a website maintained by the
  352  district or otherwise on a website maintained by the county in
  353  which the district is located.
  354         (c) Arrange for a descriptive summary of the proposed
  355  elector-initiated municipal incorporation plan, and a reference
  356  to the public places within the district where a copy may be
  357  examined, to be published in a newspaper of general circulation
  358  within the independent special district at least once each week
  359  for 4 successive weeks.
  360         (7) The governing body of the independent special district
  361  shall set a time and place for one or more public hearings on
  362  the proposed elector-initiated combined municipal incorporation
  363  plan. Each public hearing shall be held on a weekday at least 7
  364  business days after the day the first advertisement is published
  365  on the proposed elector-initiated merger plan. An interested
  366  person residing in the respective district shall be given a
  367  reasonable opportunity to be heard on any aspect of the proposed
  368  merger at the public hearing.
  369         (8) Notice of the final public hearing on the proposed
  370  elector-initiated combined municipal incorporation plan must be
  371  published pursuant to the notice requirements in s. 189.417 and
  372  must provide a descriptive summary of the elector-initiated
  373  municipal incorporation plan and a reference to the public
  374  places within the independent special district where a copy of
  375  the plan may be examined.
  376         (9) After the final public hearing, the governing body of
  377  the independent special district may amend the proposed elector
  378  initiated municipal incorporation plan if the amended version
  379  complies with the notice and public hearing requirements
  380  provided in this section. The governing body shall approve a
  381  final version of the plan within 60 business days after the
  382  final hearing.
  383         (10) After the final public hearing, the governing body
  384  must notify the supervisor of elections of the county in which
  385  district lands are located of the adoption of the resolution by
  386  the governing body. The supervisor of elections shall schedule a
  387  date for the referenda for the district.
  388         (11) Notice of a referendum on the municipal incorporation
  389  of the independent special district must be provided pursuant to
  390  the notice requirements in s. 100.342. The notice must include:
  391         (a) A brief summary of the resolution and elector-initiated
  392  municipal incorporation plan;
  393         (b) A statement as to where a copy of the resolution and
  394  petition for municipal incorporation may be examined;
  395         (c) The name of the independent special district to be
  396  converted to a municipality and a description of the territory
  397  included in the plan;
  398         (d) The time and place at which the referendum will be
  399  held; and
  400         (e) Such other matters as may be necessary to call, provide
  401  for, and give notice of the referendum and to provide for the
  402  conduct of the referendum and the canvass of the returns.
  403         (12) The referendum must be held in accordance with the
  404  Florida Election Code and may be held pursuant to ss. 101.6101
  405  101.6107. The costs associated with the referendum must be borne
  406  by the independent special district.
  407         (13) The ballot question in the referendum placed before
  408  the qualified electors of the independent special district to be
  409  incorporated must be in substantially the following form:
  410  
  411         “Shall (...name of independent special district...) be
  412         converted into (...name of newly created
  413         municipality...), which will assume all authority,
  414         powers, rights, and obligations of the district?
  415         YES
  416         NO”
  417  
  418         (14) In any referendum held pursuant to this section, the
  419  ballots must be counted, returns made and canvassed, and results
  420  certified in the same manner as other elections or referenda for
  421  the independent special district.
  422         (15) The incorporation plan will not take effect unless a
  423  majority of the votes cast in the independent special district
  424  are in favor of the plan.
  425         (16) If the incorporation plan is approved by a majority of
  426  the votes cast in the independent special district, the district
  427  shall notify the special district information program pursuant
  428  to s. 189.418(2) and the local general-purpose governments in
  429  which any part of the independent special district is situated
  430  pursuant to s. 189.418(7).
  431         (17) If the referendum fails, the conversion process under
  432  this section may not be initiated for the same purpose within 2
  433  years after the date of the referendum.
  434         (18) An independent special district proposed for
  435  conversion under an elector-initiated municipal incorporation
  436  plan must continue to be governed as before the approved
  437  referendum until the effective date specified in the adopted
  438  elector-initiated municipal incorporation plan.
  439         (19) The effective date of the incorporation shall be as
  440  provided in the elector-initiated combined conversion and
  441  incorporation plan, as appropriate, and is not contingent upon a
  442  future act of the Legislature.
  443         Section 4. Section 257.171, Florida Statutes, is amended to
  444  read:
  445         257.171 Multicounty libraries.—Units of local government,
  446  as defined in s. 165.031(1), may establish a multicounty
  447  library. The Division of Library and Information Services may
  448  establish operating standards and rules under which a
  449  multicounty library is eligible to receive state moneys. For a
  450  multicounty library, a local government may pay moneys in
  451  advance in lump sum from its public funds for the provision of
  452  library services only.
  453         Section 5. This act shall take effect July 1, 2012.