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