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Chapter 189, F.S THE LOCAL GOVERNMENT FORMATION MANUAL 2017-2018 Government Accountability Committee Representative Matt Caldwell, Chair Local, Federal & Veterans Affairs Subcommittee Representative Scott Plakon, Chair 209 House Office Building 402 South Monroe Street Tallahassee, FL 32399-1300 (850) 717-4890 http://www.myfloridahouse.gov PREFACE TO 2017 – 2018 EDITION A number of revisions were made to this edition of the Local Government Formation Manual. The content of each chapter was reviewed and conformed to current law. Supporting source materials, including publication citations and internet web addresses, were reviewed to verify their continuing reliability. References to source materials that are no longer readily available were removed. In chapters 2014-22 and 2016-22, Laws of Florida, the Legislature revised, restructured, and reorganized the Uniform Special District Accountability Act, chapter 189, F.S. Accordingly, Chapter 5 of this manual was revised to incorporate these changes. A table tracing the former (pre-2014) sections of chapter 189, F.S., to the renumbered sections created by the 2014 and 2016 changes and to the sections of the law where those changes are made, is included as Appendix J. To improve the clarity and readability of the text, a number of lists and charts previously incorporated into the text were removed and reconstituted as new appendices. Some existing appendices were renumbered, but former appendices providing various statistics on special districts are no longer included as the information provided is more readily available (and more current) at the website of the Florida Department of Economic Opportunity, Division of Community Development, Special District Accountability Program, at http://www.floridajobs.org/community-planning-and-development/special- districts/special-district-accountability-program. i TABLE OF CONTENTS PREFACE TO 2017 – 2018 EDITION ___________________________________ i CHAPTER 1 COUNTY GOVERNMENT __________________________________ 1 I. Summary ____________________________________________________ 1 II. History of County Formation ____________________________________ 1 III. Formation of New Counties _____________________________________ 3 IV. Changes in County Boundaries _________________________________ 3 V. Constitutional Powers and Duties of Counties _____________________ 3 VI. Statutes Relating to Adoption of County Charters __________________ 8 VII. Suggested Reading __________________________________________ 10 VIII. For Further Information _______________________________________ 12 CHAPTER 2 MUNICIPAL GOVERNMENT ______________________________ 14 I. Summary ___________________________________________________ 14 II. History _____________________________________________________ 14 III. Constitutional/Statutory Provisions _____________________________ 15 1. Constitutional Provisions ____________________________________ 15 2. Statutory Provisions ________________________________________ 16 IV. Municipal Incorporation _______________________________________ 18 1. Standards for Municipal Incorporation __________________________ 18 2. Feasibility Study __________________________________________ 19 3. Proposed Charter _________________________________________ 21 4. Additional Drafting Considerations for Municipal Charters __________ 22 5. Other Factors to Consider for Creation of a Municipality ____________ 23 V. Amending a Municipal Charter _________________________________ 23 VI. Merging Municipalities________________________________________ 24 VII. Dissolving Municipalities _____________________________________ 25 VIII. Municipal Conversion of Independent Special Districts_____________ 27 IX. Municipal Formation and Dissolution Activity in Florida ____________ 27 X. Cities Established in More Than One County _____________________ 27 XI. Suggested Reading __________________________________________ 28 XII. For Further Information _______________________________________ 30 CHAPTER 3 MUNICIPAL ANNEXATION OR CONTRACTION ______________ 32 I. Summary ___________________________________________________ 32 II. Annexation History __________________________________________ 32 ii III. Constitutional/Statutory Provisions Relating to Annexations ________ 33 IV. Voluntary Annexation ________________________________________ 33 V. Annexation By Ordinance _____________________________________ 34 1. Consent Provisions For Property Owners _______________________ 35 2. Statutory Prerequisites To Municipal Annexation _________________ 36 VI. Annexation of Enclaves _______________________________________ 37 VII. Annexation by Special Act ____________________________________ 37 VIII. Effect of Annexation on an Area ________________________________ 37 IX. Judicial Review of Annexation or Contraction ____________________ 38 X. Solid Waste Collection After Annexation _________________________ 38 XI. Limited Protection Against Annexation for Independent Special Districts 38 XII. Municipal Contraction ________________________________________ 39 XIII. The Interlocal Service Boundary Agreement Act __________________ 41 1. Initiating Resolution ________________________________________ 41 2. Responding Resolution _____________________________________ 41 3. Issues Addressed in an Interlocal Service Boundary Agreement _____ 42 4. Standing to Challenge Certain Plan Amendments ________________ 43 5. Review by the State Land Planning Agency _____________________ 44 6. Impasse in Negotiating an Interlocal Service Boundary Agreement ___ 44 XIV. Annexation Procedures Under an Interlocal Service Boundary Agreement _________________________________________________ 44 XV. Why Special Acts? ___________________________________________ 46 XVI. Case Law Relating to Annexation in Florida ___________________ 46 1. Exercise of Annexation Authority ______________________________ 47 2. Private Property Rights _____________________________________ 47 3. Equal Protection/Due Process/The Right to Vote in Annexation Referenda _______________________________________________ 47 XVII. Attorney General Opinions Relating to Annexation _____________ 48 1. Voluntary Annexation ______________________________________ 48 2. Annexation By Ordinance ___________________________________ 49 3. Supply of Water and Sewer __________________________________ 49 4. Enforcement of Traffic Laws _________________________________ 50 5. Prohibition Against Ad Valorem Tax Rebate _____________________ 50 6. Contraction ______________________________________________ 50 7. City Charters _____________________________________________ 51 8. Judicial Review ___________________________________________ 51 XVIII. Suggested Reading _______________________________________ 51 XIX. For Further Information ___________________________________ 51 CHAPTER 4 CITY/COUNTY CONSOLIDATIONS _________________________ 53 I. Summary ___________________________________________________ 53 iii II. History of City/County Consolidations___________________________ 53 III. The Florida Constitution and Consolidation ______________________ 53 IV. Florida Statutes on Consolidated Governments ___________________ 55 1. Retirement and Pension Rights _______________________________ 55 2. Taxation and Finance ______________________________________ 55 3. Export Trade _____________________________________________ 56 4. Florida Consolidation Activity ________________________________ 57 V. Suggested Reading __________________________________________ 57 VI. For Further Information _______________________________________ 58 CHAPTER 5 SPECIAL DISTRICTS ____________________________________ 60 I. Summary ___________________________________________________ 60 II. Special Districts in the United States ____________________________ 60 III. Brief History of Special Districts in Florida _______________________ 62 IV. Legislative Review of Special Districts __________________________ 62 V. The Uniform Special District Accountability Act ___________________ 63 VI. “Dependent” and “Independent” Special District Classifications _____ 64 1. Dependent Special Districts _________________________________ 64 2. Independent Special Districts ________________________________ 65 VII. Formation of Special Districts _________________________________ 65 1. Formation of Dependent Special Districts _______________________ 65 2. Formation of Independent Special Districts ______________________ 67 3. County Formation of Districts Including Unincorporated and Incorporated Areas ___________________________________________________ 68 VIII. Non-Legislative Creation of Independent Special Districts __________ 68 IX. Florida Constitution Provisions Related to Special Districts _________ 69 X. Funding Sources for Special Districts ___________________________ 70 1. Ad Valorem Taxes _________________________________________ 70 2. Special Assessments ______________________________________ 71 3. Impact Fees ______________________________________________ 71 4. User Fees _______________________________________________ 72 XI. Special District Functions _____________________________________ 73 XII. Community Development Districts ______________________________ 73 XIII. Community Redevelopment Agencies ___________________________ 74 XIV. Water Control Districts ____________________________________ 75 1. Limitation on Special Acts ___________________________________ 76 XV. Fire Control Districts _________________________________________ 77 XVI. Dissolution and Merger of Dependent Special Districts _________ 78 XVII. Dissolution and Merger of Independent
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