FL
Florida House Bill H1035

Florida 2022 Regular Session

Florida House Bill H1035 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to incorporation of municipalities; 2
1616 amending s. 165.041, F.S.; revising the date the 3
1717 feasibility study for a proposed incorporation of a 4
1818 municipality must be submitted to the Legislature; 5
1919 revising required elements of the feasibility study to 6
20-include documentation concerning the accuracy of 7
21-specified information and proof of the passage of a 8
22-nonbinding referendum by voters of the proposed 9
23-municipality; providing an effective date. 10
24- 11
25-Be It Enacted by the Legislature of the State of Florida: 12
26- 13
27- Section 1. Paragraph (b) of subsection (1) of section 14
28-165.041, Florida Statutes, is amended to read: 15
29- 165.041 Incorporation; merger. — 16
30- (1) 17
31- (b) To inform the Legislature on the feasibility of a 18
32-proposed incorporation of a municipality, a feasibility study 19
33-shall be completed and submitted to the Legislature no later 20
34-than August 31 the first Monday after September 1 of the year 21
35-before the regular se ssion of the Legislature during which the 22
36-municipal charter would be enacted. The feasibility study shall 23
37-contain the following: 24
38- 1. The location of territory subject to boundary change , 25
20+include proof of the passage of a nonbinding 7
21+referendum by voters of the proposed municipality; 8
22+providing an effective date. 9
23+ 10
24+Be It Enacted by the Legislature of the State of Florida: 11
25+ 12
26+ Section 1. Paragraph (b) of subsection (1) of section 13
27+165.041, Florida Statutes, is amended to read: 14
28+ 165.041 Incorporation; merger. — 15
29+ (1) 16
30+ (b) To inform the Legislature on the feasibility of a 17
31+proposed incorporation of a municipality, a feasibility study 18
32+shall be completed and submitted to the Legislature no later 19
33+than August 31 the first Monday after September 1 of the year 20
34+before the regular session of the Legislature during which the 21
35+municipal charter would b e enacted. The feasibility study shall 22
36+contain the following: 23
37+ 1. The location of territory subject to boundary change 24
38+and a map of the area which identifies the proposed change. 25
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4747 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
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51-and a map of the area which identifies the proposed change , and 26
52-documentation attesting to the accuracy of the description and 27
53-map. Acceptable forms of documentation include, but are not 28
54-limited to: 29
55- a. A property information report as defined in s. 30
56-627.7843(1). 31
57- b. A final drawing, plan, specification, plat, or report 32
58-prepared by a professional surveyor or mapper licensed and in 33
59-good standing under chapter 472 and sealed as required by s. 34
60-472.025. 35
61- c. A title opinion prepared by a member in good standing 36
62-of The Florida Bar. 37
63- 2. The major reasons for proposing the boun dary change. 38
64- 3. The following characteristics of the area: 39
65- a. A list of the current land use designations applied to 40
66-the subject area in the county comprehensive plan. 41
67- b. A list of the current county zoning designations 42
68-applied to the subject area. 43
69- c. A general statement of present land use characteristics 44
70-of the area. 45
71- d. A description of development being proposed for the 46
72-territory, if any, and a statement of when actual development is 47
73-expected to begin, if known. 48
74- 4. A list of all public agenci es, such as local 49
75-governments, school districts, and special districts, whose 50
51+ 2. The major reasons for proposing the boundary change. 26
52+ 3. The following characteristics of the area: 27
53+ a. A list of the current land use designations applied to 28
54+the subject area in the county comprehensive plan. 29
55+ b. A list of the current county zoning designations 30
56+applied to the subject area. 31
57+ c. A general statement of pres ent land use characteristics 32
58+of the area. 33
59+ d. A description of development being proposed for the 34
60+territory, if any, and a statement of when actual development is 35
61+expected to begin, if known. 36
62+ 4. A list of all public agencies, such as local 37
63+governments, school districts, and special districts, whose 38
64+current boundary falls within the boundary of the territory 39
65+proposed for the change or reorganization. 40
66+ 5. A list of current services being provided within the 41
67+proposed incorporation area, including, but not limited to, 42
68+water, sewer, solid waste, transportation, public works, law 43
69+enforcement, fire and rescue, zoning, street lighting, parks and 44
70+recreation, and library and cultural facilities, and the 45
71+estimated costs for each current service. 46
72+ 6. A list of proposed services to be provided within the 47
73+proposed incorporation area, and the estimated cost of such 48
74+proposed services. 49
75+ 7. The names and addresses of three officers or persons 50
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8484 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
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88-current boundary falls within the boundary of the territory 51
89-proposed for the change or reorganization. 52
90- 5. A list of current services being provided within the 53
91-proposed incorporation area, including, but not limited to, 54
92-water, sewer, solid waste, transportation, public works, law 55
93-enforcement, fire and rescue, zoning, street lighting, parks and 56
94-recreation, and library and cultural facilities, and the 57
95-estimated costs for each curre nt service. 58
96- 6. A list of proposed services to be provided within the 59
97-proposed incorporation area, and the estimated cost of such 60
98-proposed services. 61
99- 7. The names and addresses of three officers or persons 62
100-submitting the proposal. 63
101- 8. Evidence of fiscal capacity and an organizational plan 64
102-as it relates to the area seeking incorporation that, at a 65
103-minimum, includes: 66
104- a. Existing tax bases, including ad valorem taxable value, 67
105-utility taxes, sales and use taxes, franchise taxes, license and 68
106-permit fees, charges for services, fines and forfeitures, and 69
107-other revenue sources, as appropriate. 70
108- b. A 5-year operational plan that, at a minimum, includes 71
109-proposed staffing, building acquisition and construction, debt 72
110-issuance, and budgets. 73
111- 9. Data and analysis t o support the conclusions that 74
112-incorporation is necessary and financially feasible, including 75
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121-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
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125-population projections and population density calculations, and 76
126-an explanation concerning methodologies used for such analysis. 77
127- 10. Evaluation of the alternativ es available to the area 78
128-to address its policy concerns. 79
129- 11. Evidence that the proposed municipality meets the 80
130-requirements for incorporation pursuant to s. 165.061. 81
131- 12. Evidence documenting the passage of a nonbinding 82
132-referendum, conducted at a primar y or general election, 83
133-supporting the incorporation of a new municipality approved by 84
134-60 percent or more of the qualified electors within the area of 85
135-the proposed municipality. 86
136- Section 2. This act shall take effect July 1, 2022. 87
88+submitting the proposal. 51
89+ 8. Evidence of fiscal capacity and an organizational plan 52
90+as it relates to the area seeking incorporation that, at a 53
91+minimum, includes: 54
92+ a. Existing tax bases, including ad valorem taxable value, 55
93+utility taxes, sales and use taxes, franchise taxes, license and 56
94+permit fees, charges for services, fines and f orfeitures, and 57
95+other revenue sources, as appropriate. 58
96+ b. A 5-year operational plan that, at a minimum, includes 59
97+proposed staffing, building acquisition and construction, debt 60
98+issuance, and budgets. 61
99+ 9. Data and analysis to support the conclusions that 62
100+incorporation is necessary and financially feasible, including 63
101+population projections and population density calculations, and 64
102+an explanation concerning methodologies used for such analysis. 65
103+ 10. Evaluation of the alternatives available to the area 66
104+to address its policy concerns. 67
105+ 11. Evidence that the proposed municipality meets the 68
106+requirements for incorporation pursuant to s. 165.061. 69
107+ 12. Evidence documenting the passage of a nonbinding 70
108+referendum, conducted at a primary or general election, 71
109+supporting the incorporation of a new municipality approved by 72
110+60 percent or more of the qualified electors within the area of 73
111+the proposed municipality. 74
112+ Section 2. This act shall take effect July 1, 2022. 75