HB 1035 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1035-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to incorporation of municipalities; 2
amending s. 165.041, F.S.; revising the date the 3
feasibility study for a proposed incorporation of a 4
municipality must be submitted to the Legislature; 5
revising required elements of the feasibility study to 6
include proof of the passage of a nonbinding 7
referendum by voters of the proposed municipality; 8
providing an effective date. 9
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Be It Enacted by the Legislature of the State of Florida: 11
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Section 1. Paragraph (b) of subsection (1) of section 13
165.041, Florida Statutes, is amended to read: 14
165.041 Incorporation; merger. — 15
(1) 16
(b) To inform the Legislature on the feasibility of a 17
proposed incorporation of a municipality, a feasibility study 18
shall be completed and submitted to the Legislature no later 19
than August 31 the first Monday after September 1 of the year 20
before the regular session of the Legislature during which the 21
municipal charter would b e enacted. The feasibility study shall 22
contain the following: 23
1. The location of territory subject to boundary change 24
and a map of the area which identifies the proposed change. 25
HB 1035 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2. The major reasons for proposing the boundary change. 26
3. The following characteristics of the area: 27
a. A list of the current land use designations applied to 28
the subject area in the county comprehensive plan. 29
b. A list of the current county zoning designations 30
applied to the subject area. 31
c. A general statement of pres ent land use characteristics 32
of the area. 33
d. A description of development being proposed for the 34
territory, if any, and a statement of when actual development is 35
expected to begin, if known. 36
4. A list of all public agencies, such as local 37
governments, school districts, and special districts, whose 38
current boundary falls within the boundary of the territory 39
proposed for the change or reorganization. 40
5. A list of current services being provided within the 41
proposed incorporation area, including, but not limited to, 42
water, sewer, solid waste, transportation, public works, law 43
enforcement, fire and rescue, zoning, street lighting, parks and 44
recreation, and library and cultural facilities, and the 45
estimated costs for each current service. 46
6. A list of proposed services to be provided within the 47
proposed incorporation area, and the estimated cost of such 48
proposed services. 49
7. The names and addresses of three officers or persons 50
HB 1035 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
submitting the proposal. 51
8. Evidence of fiscal capacity and an organizational plan 52
as it relates to the area seeking incorporation that, at a 53
minimum, includes: 54
a. Existing tax bases, including ad valorem taxable value, 55
utility taxes, sales and use taxes, franchise taxes, license and 56
permit fees, charges for services, fines and f orfeitures, and 57
other revenue sources, as appropriate. 58
b. A 5-year operational plan that, at a minimum, includes 59
proposed staffing, building acquisition and construction, debt 60
issuance, and budgets. 61
9. Data and analysis to support the conclusions that 62
incorporation is necessary and financially feasible, including 63
population projections and population density calculations, and 64
an explanation concerning methodologies used for such analysis. 65
10. Evaluation of the alternatives available to the area 66
to address its policy concerns. 67
11. Evidence that the proposed municipality meets the 68
requirements for incorporation pursuant to s. 165.061. 69
12. Evidence documenting the passage of a nonbinding 70
referendum, conducted at a primary or general election, 71
supporting the incorporation of a new municipality approved by 72
60 percent or more of the qualified electors within the area of 73
the proposed municipality. 74
Section 2. This act shall take effect July 1, 2022. 75