Title: Incorporation of Municipalities

Summary: Revises date feasibility study for proposed incorporation of municipality must be submitted to Legislature; revises required elements of feasibility study to include documentation concerning accuracy of specified information & proof of passage of nonbinding referendum by voters of proposed municipality.

Full Text:
An act relating to incorporation of municipalities; amending s. 165.041, F.S.; revising the date the feasibility study for a proposed incorporation of a municipality must be submitted to the Legislature; revising required elements of the feasibility study to include documentation concerning the accuracy of specified information and proof of the passage of a nonbinding referendum by voters of the proposed municipality; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (b) of subsection (1) of section 165.041, Florida Statutes, is amended to read: 165.041 Incorporation; merger.-(1) (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 se ssion of the Legislature during which the municipal charter would be enacted. The feasibility study shall contain the following: 1. The location of territory subject to boundary change, CS/HB 1035 2022 and a map of the area which identifies the proposed change,and documentation attesting to the accuracy of the description and map. Acceptable forms of documentation include, but are not limited to: a. A property information report as defined in s. 627.7843(1). b. A final drawing, plan, specification, plat, or report prepared by a professional surveyor or mapper licensed and in good standing under chapter and sealed as required by s. 472.025. c. A title opinion prepared by a member in good standing of The Florida Bar.2. The major reasons for proposing the boun dary change. 3. The following characteristics of the area: a. A list of the current land use designations applied to the subject area in the county comprehensive plan. b. A list of the current county zoning designations applied to the subject area. c. A general statement of present land use characteristics of the area. 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. 4. A list of all public agenci es, such as local governments, school districts, and special districts, whose CS/HB 1035 2022 current boundary falls within the boundary of the territory proposed for the change or reorganization. 5. A list of current services being provided within the proposed incorpor ation area, including, but not limited to, water, sewer, solid waste, transportation, public works, law enforcement, fire and rescue, zoning, street lighting, parks and recreation, and library and cultural facilities, and the estimated costs for each curre nt service. 6. A list of proposed services to be provided within the proposed incorporation area, and the estimated cost of such proposed services. 7. The names and addresses of three officers or persons submitting the proposal. 8. Evidence of fiscal capacity and an organizational plan as it relates to the area seeking incorporation that, at a minimum, includes: a. Existing tax bases, including ad valorem taxable value, utility taxes, sales and use taxes, franchise taxes, license and permit fees, ch arges for services, fines and forfeitures, and other revenue sources, as appropriate. b. A 5-year operational plan that, at a minimum, includes proposed staffing, building acquisition and construction, debt issuance, and budgets. 9. Data and analysis to support the conclusions that incorporation is necessary and financially feasible, including CS/HB 1035 2022 population projections and population density calculations, and an explanation concerning methodologies used for such analysis. 10. Evaluation of the alternativ es available to the area to address its policy concerns. 11. Evidence that the proposed municipality meets the requirements for incorporation pursuant to s. 165.061. 12. Evidence documenting the passage of a nonbinding referendum, conducted at a primar yor general election, supporting the incorporation of a new municipality approved by percent or more of the qualified electors within the area of the proposed municipality. Section 2. This act shall take effect July 1, 2022.