Municipal Incorporation in Florida: How New Cities Are Formed
by Lynn Tipton
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The number of municipalities in Florida has increased since the 1990s – more than 20 new cities, towns or villages have formed. These are more incorporations than occurred in the 1970s and 1980s combined. The Florida League of Cities does not take a position on whether a community should or should not incorporate, but we can serve as a resource for the community activists studying the issue. With this in mind, this article is an overview of the process for incorporation.
Why have there been so many incorporations recently? Most of the groups that have contacted the League for information have expressed one of two needs: either they desire a service that cannot be provided in their specific area, and is too expensive or complex for a homeowners’ association to do; or a desire exists within the community for the restrictions within a comprehensive plan that are not found within the respective plan of the community’s county. Sometimes it is a desire for less growth, or for a different style of growth – but the ability to have a comprehensive plan is a driving force behind many of the recent incorporations.
Communities considering incorporation usually begin with a group of residents who seek services, or self-governance over certain issues. Contact with their state representative often is the next step, as incorporation requires a special act of the Florida Legislature (Chapter 165, Florida Statutes). Without the legislative delegation’s approval, the incorporation effort cannot move forward. The key steps are as follows:
A community agrees to pursue incorporation.
A charter is prepared.
A feasibility study is conducted.
Interim service delivery proposals are developed.
The special act must be approved by the Legislature.
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If the Legislature approves the special act, a referendum traditionally is held within the community; if it passes by majority vote, then the municipality is created. (The referendum is not required in state law, but the Legislature has considered it as traditional for many years.)
There are several important deadlines related to filing the special act, and most hinge upon submitting a feasibility study in the December prior to the opening of the March session of the Legislature. Remember that House members are limited on the number of special acts each may file in a given session, so it is important that the House member has reserved a spot for the request. A companion Senate bill will also be required. The special act will provide an election date for the council (or commission), and a specified date the government will begin operation.
The House Committee on Local Government and Veterans Affairs, which oversees incorporation requests, selected a “model” for feasibility studies because some of the studies were missing important elements. This model is the Palm Coast study, and the League makes copies (it is not available electronically) to share with communities. The feasibility study is best described as a statement of a community’s worth, both financially and in terms of other resources. The interlocal service agreements that a community proposes require extensive intergovernmental work, and might include the county, school board, water management district, other special districts, and certain regional entities. It is important for the community to be exhaustive in this process, because the Legislature wants to make sure that the community has looked carefully at all services provided within the area, and has considered all the implications of incorporating.
There are guidelines within Chapter 165 that each community must consider regarding population and population density, as well as the nearness of one city to another – and the legislative delegation may be asked to make an exception to these guidelines. The Legislature also has the study reviewed by the Legislative Committee on Intergovernmental Relations.
Most communities want to review all of their options when they discuss incorporation. Some of those options include the following:
annexing into a neighboring city, town or village;
asking the county to provide the service, and to possibly consider a special district for that service if needed;
talking to legislators about an independent special district if the county cannot serve it through one of its own processes; or even
a homeowners’ association assuming a certain responsibility or service delivery system.
Most communities take close to two years in this process. The Legislature’s approval of the special act isn’t actually a vote of incorporation – the vote of the people is the true incorporation step. Several communities have gone through this effort and have had the referendum fail, so going through the process doesn’t always result in a new city.
The Legislature’s approval is a nod to the powers of Home Rule among the residents, and it is respectful of municipalities being the only level of government in Florida created by the citizens.
The League respects this right and wants to be a resource to any community considering its options.
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Resources
The House Committee on Local Government and Veterans Affairs, which coordinates incorporation requests, can be reached at (850) 488-1791.
The “Model City Charter,” written by the National Civic League. This organization also offers workbooks to go along with the guide. The phone number is 1-(800) 223-6004. Its Web site is www.ncl.org.
To obtain House and Senate legislative information through their Web sites, go to http://leg.state.fl.us for state statutes, etc. You can check on state agencies (such as the Department of Community Affairs) at www.myflorida.com.
The Legislative Committee on Intergovernmental Relations has a Web site at www.fcn.state.fl.us/lcir, and can be reached by phone at (850) 487-9627.
The Florida League of Cities often helps with sample charters and references to other municipalities so that the newly incorporating community does not have to “reinvent” governmental operations.
Lynn Tipton is director of membership development for the Florida League of Cities. She can be reached by phone at (850) 222-9684, and via e-mail.
Reprinted from Quality Cities March/April 2005
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