Florida Senate - 2022                                    SB 1554
       By Senator Diaz
       36-01678-22                                           20221554__
    1                        A bill to be entitled                      
    2         An act relating to municipal incorporation; amending
    3         s. 165.041, F.S.; requiring that a charter for
    4         incorporation of a municipality be approved in a
    5         specified nonbinding referendum before the
    6         contemplated special act or proposed bill is
    7         introduced in the Legislature; requiring that the
    8         certified results of the referendum be attached to the
    9         bill when introduced; revising the date when a
   10         required feasibility study of a proposed municipal
   11         incorporation must be completed and submitted to the
   12         Legislature; providing an effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Paragraphs (a) and (b) of subsection (1) of
   17  section 165.041, Florida Statutes, are amended to read:
   18         165.041 Incorporation; merger.—
   19         (1)(a) A charter for incorporation of a municipality,
   20  except in case of a merger which is adopted as otherwise
   21  provided in subsections (2) and (3), shall be adopted only by a
   22  special act of the Legislature upon determination that the
   23  standards herein provided have been met. Before the contemplated
   24  special act or proposed bill is introduced in the Legislature,
   25  the charter for incorporation of the municipality must be
   26  approved in a nonbinding referendum, held during a primary or
   27  general election, by at least 60 percent of the qualified
   28  electors within the boundary of the proposed municipality. The
   29  certified results of the referendum must be attached to the bill
   30  when introduced.
   31         (b) To inform the Legislature on the feasibility of a
   32  proposed incorporation of a municipality, a feasibility study
   33  shall be completed and submitted to the Legislature no later
   34  than August 31 the first Monday after September 1 of the year
   35  before the regular session of the Legislature during which the
   36  municipal charter would be enacted. The feasibility study shall
   37  contain the following:
   38         1. The location of territory subject to boundary change and
   39  a map of the area which identifies the proposed change.
   40         2. The major reasons for proposing the boundary change.
   41         3. The following characteristics of the area:
   42         a. A list of the current land use designations applied to
   43  the subject area in the county comprehensive plan.
   44         b. A list of the current county zoning designations applied
   45  to the subject area.
   46         c. A general statement of present land use characteristics
   47  of the area.
   48         d. A description of development being proposed for the
   49  territory, if any, and a statement of when actual development is
   50  expected to begin, if known.
   51         4. A list of all public agencies, such as local
   52  governments, school districts, and special districts, whose
   53  current boundary falls within the boundary of the territory
   54  proposed for the change or reorganization.
   55         5. A list of current services being provided within the
   56  proposed incorporation area, including, but not limited to,
   57  water, sewer, solid waste, transportation, public works, law
   58  enforcement, fire and rescue, zoning, street lighting, parks and
   59  recreation, and library and cultural facilities, and the
   60  estimated costs for each current service.
   61         6. A list of proposed services to be provided within the
   62  proposed incorporation area, and the estimated cost of such
   63  proposed services.
   64         7. The names and addresses of three officers or persons
   65  submitting the proposal.
   66         8. Evidence of fiscal capacity and an organizational plan
   67  as it relates to the area seeking incorporation that, at a
   68  minimum, includes:
   69         a. Existing tax bases, including ad valorem taxable value,
   70  utility taxes, sales and use taxes, franchise taxes, license and
   71  permit fees, charges for services, fines and forfeitures, and
   72  other revenue sources, as appropriate.
   73         b. A 5-year operational plan that, at a minimum, includes
   74  proposed staffing, building acquisition and construction, debt
   75  issuance, and budgets.
   76         9. Data and analysis to support the conclusions that
   77  incorporation is necessary and financially feasible, including
   78  population projections and population density calculations, and
   79  an explanation concerning methodologies used for such analysis.
   80         10. Evaluation of the alternatives available to the area to
   81  address its policy concerns.
   82         11. Evidence that the proposed municipality meets the
   83  requirements for incorporation pursuant to s. 165.061.
   84         Section 2. This act shall take effect July 1, 2022.