Section N
Section N
Florida Statue 191
Intergovernmental Coordination and Collier
County Fire Control
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Titte xlt
MUNICIPAL]TIES
Chapter 17'l
LOCAL GOVERNMENT BOUNDARIES
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171,7O3 lnterlocal service boundary agreement.-The governing body of a county and one or
more municipatities or independent speciat djstricts within the county may enter into an intertocaI
service boundary agreement under thjs part. The governing bodies of a county, a municipatity, or an
independent speciat district may devetop a process for reaching an intertocaI service boundary
agreement which provides for pubtic participation in a manner that meets or exceeds the requirements
of subsection (13), or the governing bodies may use the process estabtished in this section.
(1) A county, a municipatity, or an independent special district desiring to enter into an intertocat
service boundary agreement shatI commence the negotiation process by adopting an initiating
resotution. The initiating resotution must identify an unincorporated area or incorporated area, or both,
to be discussed and the issues to be negotiated. The identified area must be specified in the initiating
resotution by a descriptive exhibit that includes, but need not be limited to, a map or legat description
of the designated area. The issues for negotiation must be listed in the initiating resotution and may
jnclude, but need not be timited to, the issues listed in subsection (6). An independent speciat district
may initiate the intertocal service boundary agreement for the purposes of dissotving an independent
speciat district or in response to a proposed annexation that woutd remove more than '10 percent of the
taxable or assessabte vatue of an independent speciaI district.
(a) The initiating resotutjon of an initiating county must designate one or more invited
municipatities. The initiating resotution of an initiating municipatity may designate an invited
municipatity. The initiating resotution of an independent speciat district must designate one or more
invited municipatities and invite the county.
(b) An initiating county shatl send the initiating resotution by United States certified majt to the
chief administrative officer of every invited municipatity and each other municipality within the county.
An initiating municipatity shatl send the initiating resotution by United States certified mait to the chief
administrative officer of the county, the invited municipatity, 'if any, and each other municipatity within
the county.
(c) The initiatjng [oca[ government shatl atso send the initiating resotution to the chief
administrative officer of each independent speciat district in the unincorporated area designated in the
initiating resotution.
(2) Within 60 days after the receipt of an initiating resotution, the county or the invited
municipatity, as appropriate, shatI adopt a responding resotution. The responding resotution may identify
an additional unincorporated area or incorporated area, or both, for discussion and may designate
additional issues for negotiation. The additionat identified area, if any, must be specified in the
responding resolution by a descriptive exhjbit that inctudes, but need not be [imited to, a map or [ega[
description of the designated area. The additionat issues designated for negotiation, if any, must be
tisted in the responding resotution and may inctude, but need not be (imited to, the issues listed in
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subsection (6). The respondjng resotution may atso invite an additionat municipatity or independent
speciat district to negotiate the intertocal service boundary agreement.
(a) Within 7 days after the adoption of a responding resotution, the responding county shatt send the
responding resotution by United States certified maiI to the chief administrative officer of the initiating
municipatity, each invited municipatity, if any, and the independent speciat district that received an
initiating resotution.
(b) Within 7 days after the adoption of a responding resotution, an invited municipatity shatt send
the responding resotution by United States certified mail to the chief administrative officer of the
jnitiating county, each invited municipatity, if any, and each independent speciat district that received
an initiating resotution.
(c) An invited municipatity that was invited by a responding resotution shatt adopt a responding
resotution in accordance with paragraph (b).
(d) Within 60 days after receipt of the jnitiating resotution, any independent special district that
received an initiating resotution and that desires to participate in the negotiations shatI adopt a
resotution indicating that it intends to participate in the negotiation process for the intertocat service
boundary agreement. Within 7 days after the adoption of the resotution, the independent specia( district
shatt send the resotution by United States certified majI to the chief administrative officer of the
county, the initiating municipatity, each invited municipatity, if any, and each notified [oca[
government.
(3) A municipatity within the county which is not an invited munjcipatity may request participation in
the negotiations for the intertocat service boundary agreement. Such a request must be accomptished by
adopting a requesting resotution within 60 days after receipt of the initiating resotution or within 10
days after receipt of the responding resolution. Within 7 days after adoption of the requesting
resotution, the requesting municipatity shatt send the resotution by United States certified mail to the
chief administrative officer of the initiating locat government and each invited municipatity. The county
and the invited municipatity shatI consider whether to attow a requesting municipatity to participate in
the negotiations, and, if they agree, the county and the municipatity shatt adopt a participating
resotution allowing the requesting municipatity to participate in the negotiations.
(4) The county, the invited municipatities, the participating municipatities, if any, and the
independent speciaI districts, if any have adopted a resotution to participate, shatI begin negotiations
within 60 days after receipt of the responding resotution or a participating resotution, whichever occurs
Iater.
(5) An invited municipatity that fails to adopt a responding resotution shatl be deemed to waive its
right to participate in the negotiation process and shatt be bound by an inter(ocal agreement resutting
from such negotiation process, if any is reached.
(6) An intertocat service boundary agreement may address any issue concerning service detivery,
fiscal responsibitities, or boundary adjustment. The agreement may inctude, but need not be timjted to,
provisions that:
(a) ldentify a municipal seryice area.
(b) ldentify an unincorporated service area.
(c) ldentify the locat government responsibte for the detivery or funding of the fottowing services
within the municipat service area or the unincorporated service area:
1. Pubtic safety.
7. Fire, emergency rescue, and medicat.
3. Water and wastewater.
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4. Road ownership, construction, and maintenance.
5. Conservation, parks, and recreation.
6. Stormwater management and drainage.
(d) Address other services and infrastructure not currentty provided by an etectric utitity as defined
by s. 366.02(2) or a natural gas transmission company as defined by s. 368.103(4). However, this
paragraph does not affect any terrjtoriat agreement between etectricat utitities or pubtic utitities under
chapter 366 or affect the determination of a territorial dispute by the Pubtic Service Commission under
s.366.04.
(e) Estabtish a process and schedute for annexation of an area within the designated municipat
service area consistent with s. 171 .205.
(f) Estabtish a process for land use decisions consistent with part ll of chapter 163, inctuding those
made jointty by the governing bodies of the county and the municipatity, or attow a municipatity to
adopt tand use changes consistent with part ll of chapter 163 for areas that are scheduted to be annexed
within the term of the intertocat agreement; however, the county comprehensive ptan and land
devetopment regutations shatt controI untiI the municipatity annexes the property and amends its
comprehensive ptan accordingty.
(g) Address other issues concerning service detivery, inctuding the transfer of services and
infrastructure and the fiscaI compensation to one county, municipatity, or independent speciat district
from another county, municipality, or independent speciat district.
(h) Provide for the joint use of facitities and the cotocation of services.
(j) Inctude a requirement for a report to the county of the municipatity's ptanned service detivery,
as provided in s- 171.M2, or as otherwise determined by agreement.
(j) Estabtish a procedure by which the tocat government that is responsibte for water and
wastewater services shatt, within 30 days after the annexation or subtraction of territory, appty for any
modifications to permits of the water management district or the Department of Environmentat
Protection which are necessary to reftect changes in the entity that is responsibte for managing surface
water under such permits.
(7) lf the intertocat service boundary agreement addresses responsibitities for land use ptanning
under chapter 163, the agreement must atso estabtish the procedures for preparing and adopting
comprehensive ptan amendments, administering land devetopment regutations, and issuing devetopment
orders.
(8) ln order to ensure that the heatth and wetfare of the residents affected by annexation witl be
protected, att fire and emergency medical services shatt be provided by the existing provider of fire and
emergency medical services to the annexed area and remain part of the existing municipal service
taxing unit or speciaI district unless:
(a) The county and annexing municipatity reach an agreement, through intertocal agreement or
other tegatly sufficient means, as to who shatl provide these emergency services; or
(b) A fire rescue services etement exists for the respective county's comprehensive ptan fited with
the state and the annexing municipatity meets the criteria set forth.
(9) Each tocal government that is a party to the intertocal service boundary agreement shatl amend
the intergovernmental coordination etement of its comprehensive ptan, as described in s. 163.3177(6)(h)
1 ., no tater than 6 months fottowing entry of the intertocat service boundary agreement consistent with
s. 163.3177(6)(h)1.
(10) An affected person for the purpose of chattenging a comprehensive ptan amendment required
by paragraph (6)(f) inctudes a person who owns real property, resides, or owns or operates a business
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within the boundaries of the municipal service area, and a person who owns real property abutting real
property wjthin the municipat service area that is the subject of the comprehensive plan amendment, in
addition to those other affected persons who woutd have standing under s. '163.3184.
(11 )(a) A municipatity that is a party to an interlocat service boundary agreement that identifies an
unincorporated area for municipal annexation under s. '171.202(11)(a) shatt adopt a municipal service
area as an amendment to its comprehensive ptan to address future possibte municipa( annexation. The
state tand ptanning agency shatl review the amendment for comptiance with part ll of chapter 163. The
proposed plan amendment must contain:
1. A boundary map of the municipal service area.
2. Population projections for the area.
3. Data and anatysis supporting the provisjon of pubtic facitities for the area.
(b) Thjs part does not authorize the state tand ptanning agency to review, evatuate, determine,
approve, or disapprove a munjcipat ordinance retating to municipat annexation or contraction.
(12) An intertocat service boundary agreement may be for a term of 20 years or tess. The intertocat
service boundary agreement must inctude a provision requiring periodic review. The interlocaI service
boundary agreement must require renegotiations to begin at least 18 months before its termination
date.
(13) No eartier than 6 months after the commencement of negotiations, either of the jnitiating locat
governments or both, the county, or the invited municipatity may dectare an impasse in the negotiations
and seek a resotution of the issues under ss. 164.105!-164.1057. lf the [oca[ governments fail to agree at
the conctusion of the process under chapter 164, the [oca[ governments shatt hotd a joint pubtic hearing
on the issues raised in the negotiations.
('14) When the tocat governments have reached an intertocal service boundary agreement, the
county and the municipatity shatt adopt the agreement by ordinance under s. 166.041 ot s. 125.66,
respectivety. An independent speciaI district, if it consents to the agreement, shatt adopt the agreement
by finat order, resolution, or other method consistent with its charter. The intertocat service boundary
agreement shatl take effect on the day specified in the agreement or, if there is no date, upon adoption
by the county or the invited municipatity, whichever occurs later. This part does not prohibit a county or
municipatity from adopting an intertocaI service boundary agreement without the consent of an
independent specia( district, untess the agreement provides for the dissotutjon of an independent
speciat district or the removal of more than '10 percent of the taxabte or assessabte vatue of an
independent speciaI district.
(15) For a period of 6 months fottowing the faiture of the [oca[ governments to consent to an
intertocaI service boundary agreement, the initiating locat government may not initiate the negotiation
process established in this section to require the responding [oca[ government to negotiate an
agreement concerning the same identified unincorporated area and the same issues that were specified
in the faited initiating resotution.
(16) This part does not authorize one tocal government to require another tocat government to enter
into an intertocal service boundary agreement. However, when the process for negotiating an intertocat
service boundary agreement is initiated, the tocat governments shatt negotiate in good faith to the
conctusion of the process estabtished in this section.
(17) This section authorizes [oca[ governments to simuttaneousty engage in negotiating more than
one intertocat service boundary agreement, notwithstanding that separate negotiations concern simitar
or identicaI unincorporated areas and issues.
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(18) Etected locat government officiats are encouraged to participate activety and directty in the
negotiation process for devetoping an intertocaI service boundary agreement.
(19) This part does not impair any existing franchise agreement without the consent of the
franchisee, any existing territoriaI agreement between etectric utitities or pubtic utitities under chapter
366, or the jurisdiction of the Pubtic Service Commission to resolve a territorial dispute invotving
electric utitities or public utilities in accordance with s. 366.04. ln addition, an intertocal agreement
entered into under this section has no effect in a proceeding before the Pubtic Service Commission
invotving a territoriat dispute. A municipatity or county shatt retain atl existing authority, if any, to
negotiate a franchise agreement with any private service provider for use of pubtic rights-of-way or the
privitege of providing a service.
(20) This part does not impair any existing contract without the consent of the parties.
History.-s.'l , ch.2006-2'18; s.35, ch.20'l 'l-139.
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