HB 7001

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

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