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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 documentation concerning the accuracy of 7
specified information and proof of the passage of a 8
nonbinding referendum by voters of the proposed 9
municipality; providing an effective date. 10
11
Be It Enacted by the Legislature of the State of Florida: 12
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Section 1. Paragraph (b) of subsection (1) of section 14
165.041, Florida Statutes, is amended to read: 15
165.041 Incorporation; merger. — 16
(1) 17
(b) To inform the Legislature on the feasibility of a 18
proposed incorporation of a municipality, a feasibility study 19
shall be completed and submitted to the Legislature no later 20
than August 31 the first Monday after September 1 of the year 21
before the regular se ssion of the Legislature during which the 22
municipal charter would be enacted. The feasibility study shall 23
contain the following: 24
1. The location of territory subject to boundary change , 25
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and a map of the area which identifies the proposed change , and 26
documentation attesting to the accuracy of the description and 27
map. Acceptable forms of documentation include, but are not 28
limited to: 29
a. A property information report as defined in s. 30
627.7843(1). 31
b. A final drawing, plan, specification, plat, or report 32
prepared by a professional surveyor or mapper licensed and in 33
good standing under chapter 472 and sealed as required by s. 34
472.025. 35
c. A title opinion prepared by a member in good standing 36
of The Florida Bar. 37
2. The major reasons for proposing the boun dary change. 38
3. The following characteristics of the area: 39
a. A list of the current land use designations applied to 40
the subject area in the county comprehensive plan. 41
b. A list of the current county zoning designations 42
applied to the subject area. 43
c. A general statement of present land use characteristics 44
of the area. 45
d. A description of development being proposed for the 46
territory, if any, and a statement of when actual development is 47
expected to begin, if known. 48
4. A list of all public agenci es, such as local 49
governments, school districts, and special districts, whose 50
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current boundary falls within the boundary of the territory 51
proposed for the change or reorganization. 52
5. A list of current services being provided within the 53
proposed incorporation area, including, but not limited to, 54
water, sewer, solid waste, transportation, public works, law 55
enforcement, fire and rescue, zoning, street lighting, parks and 56
recreation, and library and cultural facilities, and the 57
estimated costs for each curre nt service. 58
6. A list of proposed services to be provided within the 59
proposed incorporation area, and the estimated cost of such 60
proposed services. 61
7. The names and addresses of three officers or persons 62
submitting the proposal. 63
8. Evidence of fiscal capacity and an organizational plan 64
as it relates to the area seeking incorporation that, at a 65
minimum, includes: 66
a. Existing tax bases, including ad valorem taxable value, 67
utility taxes, sales and use taxes, franchise taxes, license and 68
permit fees, charges for services, fines and forfeitures, and 69
other revenue sources, as appropriate. 70
b. A 5-year operational plan that, at a minimum, includes 71
proposed staffing, building acquisition and construction, debt 72
issuance, and budgets. 73
9. Data and analysis t o support the conclusions that 74
incorporation is necessary and financially feasible, including 75
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population projections and population density calculations, and 76
an explanation concerning methodologies used for such analysis. 77
10. Evaluation of the alternativ es available to the area 78
to address its policy concerns. 79
11. Evidence that the proposed municipality meets the 80
requirements for incorporation pursuant to s. 165.061. 81
12. Evidence documenting the passage of a nonbinding 82
referendum, conducted at a primar y or general election, 83
supporting the incorporation of a new municipality approved by 84
60 percent or more of the qualified electors within the area of 85
the proposed municipality. 86
Section 2. This act shall take effect July 1, 2022. 87