THE BILL ITSELF
CS/HB 4071
Palm Beach County
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An act relating to Palm Beach County; providing that a
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municipal service taxing unit whose primary purpose is
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to provide fire rescue and emergency medical services
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to residents in unincorporated areas of the county
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remains the service provider for a specified length of
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time to real properties that are annexed into a
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municipality; providing that the geographical
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boundaries of the municipal service taxing unit shall
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contract following the annexation under certain
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circumstances; prohibiting Palm Beach County from
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levying ad valorem taxes through the municipal service
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taxing unit on annexed real properties following the
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annexation; requiring the annexing municipality to pay
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the county an annual service price for up to a
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specified length of time; providing that the county,
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through the municipal service taxing unit, remains the
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authority having jurisdiction and may continue to
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collect certain fees from annexed real properties;
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providing for transfer of services to the annexing
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municipality and the cessation of the county
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jurisdiction to collect fees; providing circumstances
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under which such transfer and cessation may not occur;
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requiring good faith discussions and negotiations
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between the annexing municipality and the county
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regarding the transition of services and the
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expenditure of assets for capital and operational
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purposes in the areas proposed to be annexed;
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authorizing the annexing municipality and the county
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to enter into an agreement on the length of time for
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the provision of county services, the retention of
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county jurisdiction regarding fees, and the annual
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service price payments under certain circumstances;
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providing a conflict resolution procedure in the event
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an annexing municipality and the county do not enter
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an interlocal agreement; providing applicability;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. To ensure a smooth transition of services and
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to avoid fiscal constraints that could occur in a municipal
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service taxing unit the primary purpose of which is to provide
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fire rescue and emergency medical services when tax revenue-
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generating real properties are annexed into a municipality and
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out of the aforesaid municipal service taxing unit, the
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following procedures shall be imposed on the real property being
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annexed:
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(1) The municipal service taxing unit whose primary
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purpose is to provide fire rescue and emergency medical services
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shall remain the fire rescue and emergency medical services
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provider for a period of six years to real property annexed
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after January 1, 2027, notwithstanding s. 125.01, Florida
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Statutes, or any other general law, special act, municipal
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charter, or ordinance of a local government to the contrary.
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(2) Following the annexation by a municipality that does
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not have a charter provision, an ordinance, or an interlocal
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agreement with Palm Beach County that includes the entirety of
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the municipality within the Palm Beach County municipal service
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taxing unit whose primary purpose is to provide fire rescue and
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emergency medical services, the geographical boundaries of the
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municipal service taxing unit shall contract to exclude the
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annexed real property, and Palm Beach County may not levy ad
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valorem taxes through the municipal service taxing unit on the
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annexed real property.
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(3) Annually, such annexing municipality shall pay Palm
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Beach County, for the benefit of the municipal service taxing
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unit, a service price for a period of not more than six years
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which shall be the actual cost of the service provided.
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(4) Palm Beach County, through the municipal service
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taxing unit, remains the authority having jurisdiction and may
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continue to collect the same fire rescue impact fees from the
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annexed real property that were collected prior to the
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annexation.
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(5) The transfer of all fire rescue and emergency medical
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services to the annexing municipality, the cessation of annual
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service price payments, and the cessation of county jurisdiction
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to collect fire rescue impact fees relative to the annexed real
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property shall automatically occur at the conclusion of the six-
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year term unless:
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(a) The annexing municipality advises the county that it
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will not provide such services;
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(b) The county and the annexing municipality enter into an
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interlocal agreement providing for fire rescue and emergency
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medical services in the annexed area; or
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(c) The data from the analysis established by the good
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faith negotiations required by subsection (6) demonstrates that
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the transfer for fire rescue and emergency medical services to
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the annexing municipality should occur prior to the six-year
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term or the six-year term may be extended through an interlocal
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agreement approved by the Palm Beach County Board of County
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Commissioners and the applicable annexing municipality.
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(6) In conjunction with the annexation process, the
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annexing municipality and the county shall enter into good faith
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negotiations and discussions regarding the time period for
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transitioning fire rescue and emergency medical services, as
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well as the expenditure of assets for capital and operational
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purposes by both the county and the annexing municipality in the
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annexed areas.
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(a) The purpose of such negotiations and discussions is to
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ensure that the residents of the annexed areas enjoy appropriate
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levels of service without the inefficient expenditure of both
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county and municipal assets by preventing duplicative and
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unnecessary expenditures and duplicative collection of fire
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rescue impact fees. Through a written agreement approved by the
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Palm Beach County Board of County Commissioners and the
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applicable annexing municipality, based upon the required good
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faith negotiations and discussions, and if supported by data and
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analysis that are substantiated by the county and the annexing
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municipality and that establish a measurable, objective benefit
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to the public for a different transition period, Palm Beach
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County and the annexing municipality may agree to shorten or
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lengthen the six-year term for the provision of county services,
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the retention of county jurisdiction regarding fire rescue
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impact fees, and the making of annual service price payments.
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(b) In order to determine whether to shorten or extend the
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six-year term, the county and annexing municipality shall rely
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on the following data related to cost and levels of services:
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1. Both the county and municipality shall calculate the
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cost based upon the actual operational and capital expenses
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necessary to provide the annexed area with at least the same
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level of service as the level of service provided prior to the
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annexation.
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2. The Palm Beach County Board of County Commissioners and
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the applicable annexing municipality shall enter into good faith
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negotiations and discussions to establish mutually agreed-upon
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level of service, communications plans, and data validation
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based upon objective total response time data, depth of service,
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fire suppression outcomes, and ability to achieve proper
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staffing levels for a first alarm fire for the area being
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annexed.
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(c) The transfer of fire rescue and emergency medical
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services to the annexing municipality shall occur unless the
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mutually agreed-upon data does not demonstrate that fire rescue
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and emergency medical services in the annexed area can be
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provided by the annexing municipality at the same cost and at
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least at the same level of service regardless of the six-year
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term. If the data demonstrates that fire rescue and emergency
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medical services can be provided at the same cost while
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maintaining at least the same level of service as the level of
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service prior to the expiration of the six-year term, the
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services shall transition at that time.
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(7) If the Palm Beach County Board of County Commissioners
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and applicable annexing municipality are unable to enter into an
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interlocal agreement pursuant to subsection (6), either the Palm
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Beach County Board of County Commissioners or the annexing
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municipality shall initiate and proceed through the conflict
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resolution procedures established in Chapter 164, Florida
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Statutes. If there is a failure to resolve the conflict, no
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later than 120 days following conclusion of the procedures
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established in Chapter 164, Florida Statutes, either local
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government may file an action in circuit court. For the purposes
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of this subsection, the term "local government" means the Palm
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Beach County Board of County Commissioners or the annexing
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municipality.
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(8) The provisions of this act, including the six-year
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service period and the mandatory service price payments, shall
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not apply to any real property being annexed that constitutes an
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enclave, as defined in s. 171.031(5)(a), Florida Statutes, of 10
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acres or less.
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Section 2. This act shall take effect upon becoming a law.