Senate Bill 2644
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Florida Senate - 1999 (NP) SB 2644
By Senator Campbell
33-1743-99 See HB 1561
1 A bill to be entitled
2 An act relating to Broward County; extending
3 the corporate limits of the Cities of Fort
4 Lauderdale and Pompano Beach and the Town of
5 Lauderdale-By-The-Sea; providing for annexation
6 by election of the unincorporated areas known
7 as the "Intracoastal/Beach Area" and
8 surrounding areas; providing for incorporation
9 of a new municipality by election; providing an
10 effective date.
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12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. The Cities of Fort Lauderdale and Pompano
15 Beach and the Town of Lauderdale-By-The-Sea have duly enacted
16 resolutions submitted to the Broward County Legislative
17 Delegation, setting forth their intent to prepare proposals
18 for annexation of the "Intracoastal/Beach Area," as described
19 in section 4.
20 Section 2. (1) The Broward County Legislative
21 Delegation has directed a study of the area east of the
22 Intracoastal Waterway, west of the Atlantic Ocean, south of
23 the corporate limits of the City of Pompano Beach, and north
24 of the corporate limits of the Town of Lauderdale-By-The-Sea
25 and the Village of Sea Ranch Lakes. The study shall determine
26 the effects of annexation into any municipality proposing an
27 annexation in the studied areas or the incorporation of the
28 studied area into a new municipality. The study shall also
29 include a determination of the viability of a new municipality
30 composed only of the "Intracoastal/Beach Area," as described
31 in section 4. Further, the study shall determine the effects
1
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Florida Senate - 1999 (NP) SB 2644
33-1743-99 See HB 1561
1 of annexation/incorporation on the employees of Broward County
2 and how to ameliorate same. This study shall be performed by
3 an independent agency or educational institute not affected or
4 associated with the proposed annexation as determined by the
5 Legislative Delegation of Broward County. The cost of the
6 study shall be borne by Broward County.
7 (2) The residents of the "Intracoastal/Beach Area" and
8 the participating municipalities shall have input as to who
9 does the study and the parameters of said study. Broward
10 County shall be responsible for the printing and distribution
11 of the study to each household in the "Intracoastal/Beach
12 Area." Further, Broward County shall be responsible for all
13 notices for meetings concerning presentation and discussions
14 of the study to be held by homeowner associations in the
15 "Intracoastal/Beach Area" areas.
16 (3) In no event shall this act be interpreted to
17 affect in any way the powers or authority of the Village of
18 Sea Ranch Lakes as an independent municipal corporation. The
19 Legislature recognizes the right of the Village of Sea Ranch
20 Lakes to continue to exist as an independent municipal
21 corporation and no aspect of the study contemplated by this
22 act nor the election to be held for potential annexation of
23 portions of unincorporated Broward County into any of the
24 existing municipalities included within the act, nor vote for
25 incorporation of a new municipality, shall interfere with or
26 be construed to adversely affect the autonomy of the Village
27 of Sea Ranch Lakes. No municipality or other governmental
28 entity within Broward County shall enter into any interlocal
29 or other agreement with any other municipality, governmental
30 entity, or person which interferes with or adversely affects:
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2
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Florida Senate - 1999 (NP) SB 2644
33-1743-99 See HB 1561
1 (a) Any existing agreement to which the Village of Sea
2 Ranch Lakes is a party for the provision or delivery of
3 municipal services to the Village of Sea Ranch Lakes by any
4 municipality, governmental entity, or person; or
5 (b) The rights, privileges, or obligations of the
6 Village of Sea Ranch Lakes in the future to provide or
7 contract for the delivery of municipal services to the Village
8 of Sea Ranch Lakes.
9 Section 3. No later than October 1, 1999, each
10 municipality which enacted a resolution pursuant to section 1
11 may inform the Broward County Legislative Delegation that it
12 desires to proceed with its annexation proposal made pursuant
13 to section 1, and that if a resolution as described is
14 received by the Broward County Legislative Delegation no later
15 than October 1, 1999, each municipality shall appear on a
16 ballot.
17 Section 4. The legal description of the
18 "Intracoastal/Beach Area" is as follows:
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20 A parcel of land in Sections 6 and 7 of
21 Township 49 South, Range 43 East, being more
22 particularly described as follows:
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24 Begin at the intersection of the South line of
25 Section 7, Township 49 South, Range 43 East and
26 the centerline of the Intracoastal Waterway;
27 THENCE Northerly along the centerline of the
28 Intracoastal Waterway to the intersection with
29 a line 25 feet south of and parallel with the
30 North line of Section 7, Township 49 South,
31 Range 43 East; THENCE Easterly along the said
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Florida Senate - 1999 (NP) SB 2644
33-1743-99 See HB 1561
1 parallel line to the Easterly right-of-way line
2 of the Intracoastal Waterway; THENCE Northerly
3 along the said Easterly right-of-way line to
4 the Southwest corner of Lot 1, Block 16 of
5 TERRA MAR ISLAND ESTATES, SECOND ADDITION, as
6 recorded in Plat Book 31, Page 20 of the Public
7 Records of Broward County, Florida; THENCE
8 Southeasterly along the South line of said Lot
9 1, Block 16 to the Southeast corner of said Lot
10 1, Block 16; THENCE Northeasterly along the
11 East line of said Lot 1, Block 16 to the
12 Westerly extension of the South line of Block
13 12 of said TERRA MAR ISLAND ESTATES, SECOND
14 ADDITION; THENCE Easterly along the said South
15 line of Block 12 and the extension thereof to
16 the West line of Lot 1, Block 15 of said TERRA
17 MAR ISLAND ESTATES, SECOND ADDITION; THENCE
18 Southerly along the said west line of Lot 1,
19 Block 15 and the West line of Lot 10, Block 11
20 of TERRA MAR ISLAND ESTATES, FIRST ADDITION as
21 recorded in Plat Book 31, Page 10 of the Public
22 Records of Broward County, Florida to the
23 Southwest corner of said Lot 10, Block 11;
24 THENCE Easterly along the South line of said
25 Lot 10, Block 11 and its extension thereof to
26 the centerline of Spanish River; THENCE
27 Southerly along the said centerline of Spanish
28 River to a point 1,350 feet South of the North
29 line of the Southeast One-Quarter (SE 1/4) of
30 said Section 6, Township 49 South, Range 43
31 East; THENCE South 200 feet to a point on a
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Florida Senate - 1999 (NP) SB 2644
33-1743-99 See HB 1561
1 line 1,550 feet South of and parallel with the
2 said North line of the Southeast One-Quarter
3 (SE 1/4) of Section 6, and being 1,127.43 feet
4 East of the said Easterly right-of-way line of
5 the Intracoastal Waterway; THENCE Easterly
6 along said parallel line to the Easterly
7 right-of-way line of Florida State Road A-1-A
8 (South Ocean Boulevard); THENCE Northeasterly
9 along the said Easterly right-of-way line of
10 State Road A-1-A to a line 850 feet South of
11 and parallel with the said North line of the
12 Southeast One-Quarter of Section 6; THENCE
13 Easterly along said parallel line and its
14 Easterly extension thereof, through Government
15 Lot 2, Section 5, Township 49 South, Range 43
16 East to the shore line of the Atlantic Ocean;
17 THENCE Southerly along said shoreline to a line
18 380 feet North of and parallel with the South
19 line of the Northeast One-Quarter of the
20 Southeast One-Quarter of Section 7, Township 49
21 South, Range 43 East; THENCE Westerly along
22 said parallel line and along a line 380 feet
23 North of and parallel with the South line of
24 the Northwest One-Quarter of the Southeast
25 One-Quarter (SE 1/4) of said Section 7 to the
26 Westerly right-of-way line of Florida State
27 Road A-1-A; THENCE Northerly along said
28 Westerly right-of-way line of State Road A-1-A
29 to the intersection of the North line of the
30 Southeast One-Quarter of Section 7, Township 49
31 South, Range 43 East; THENCE Westerly along the
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Florida Senate - 1999 (NP) SB 2644
33-1743-99 See HB 1561
1 said North line of the Southeast One-Quarter of
2 Section 7, Township 49 South, Range 43 East and
3 along the North line of the Southwest
4 One-Quarter (SW 1/4) of said Section 7 to the
5 Easterly right-of-way line of the Intracoastal
6 Waterway; THENCE Southerly along said Easterly
7 right-of-way line to the South line of Section
8 7, Township 49 South, Range 43 East; THENCE
9 Westerly along the said South line of Section
10 7, Township 49 South, Range 43 East to the
11 POINT OF BEGINNING.
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13 Section 5. (1) The Board of County Commissioners of
14 Broward County shall schedule an election in accordance with
15 the provisions of the law relating to elections currently in
16 force in Broward County to be held on the same date as the
17 first primary in connection with the general election of
18 November 7, 2000. The subject of said election shall be the
19 annexation of the area described in section 4 commonly known
20 as the "Intracoastal/Beach Area," or the intent to incorporate
21 same into a new municipality. Only registered voters residing
22 in the "Intracoastal/Beach Area" as described in this act may
23 vote in said election. The name of each municipality which
24 chooses to be considered for annexation and which has enacted
25 resolutions as provided for in sections 1 and 3 shall appear
26 on a ballot. Also appearing on this ballot shall be the
27 phrase, "Incorporation into a new municipality."
28 (2) The term "entity," hereinafter used in this act,
29 shall refer to the name of each municipality included on the
30 ballot and also the phrase "Incorporation into a new
31 municipality." The term "voter," hereinafter used in this act,
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Florida Senate - 1999 (NP) SB 2644
33-1743-99 See HB 1561
1 shall refer to registered voters voting in the elections
2 provided by this act.
3 (3) The voters residing in the "Intracoastal/Beach
4 Area" shall choose one city for annexation among those who
5 shall have chosen to appear on a ballot pursuant to sections 1
6 and 3, or whether they wish to incorporate into a new
7 municipality, not a part of any existing municipality.
8 Section 6. (1) If a majority of voters vote for
9 annexation into an existing municipality, the
10 "Intracoastal/Beach Area" shall become a part of said
11 municipality on October 1, 2001.
12 (2) If a majority of voters in the "Intracoastal/Beach
13 Area" votes to incorporate into a new municipality, the
14 Broward County Legislative Delegation shall direct the
15 drafting of a charter of a new municipality to include the
16 "Intracoastal/Beach Area" to be submitted for enactment for
17 the legislative session immediately subsequent to said
18 election. The draft for the new municipality to include the
19 "Intracoastal/Beach Area" shall be drafted with the aid of a
20 "Charter Guiding Board" made up of area residents, to assist
21 the Broward County Legislative Delegation in writing the
22 charter of the new municipality.
23 Section 7. If no entity receives a majority vote of
24 the voters as provided for in section 5, there shall be a
25 runoff election to be held on November 7, 2000 between the two
26 entities which have received the highest number of votes in
27 the election provided for in section 5.
28 Section 8. If a runoff is necessitated as provided for
29 in section 7, and:
30 (1) A municipality receives a majority vote of those
31 voters voting in the runoff election provided for in section
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Florida Senate - 1999 (NP) SB 2644
33-1743-99 See HB 1561
1 7, the "Intracoastal/Beach Area" shall become annexed to said
2 municipality as provided in section 6(1).
3 (2) A majority of the voters in the
4 "Intracoastal/Beach Area" vote to incorporate into a new
5 municipality, a charter for a new municipality shall be
6 drafted as provided in section 6(2).
7 Section 9. The Board of County Commissioners of
8 Broward County is hereby authorized to set the elections
9 provided for in this act for the time periods provided in this
10 act at the cost of Broward County. A mail ballot shall not be
11 used for any election provided for in this act.
12 Section 10. Upon annexation into any existing
13 municipality, or becoming a new municipality, the following
14 shall govern the areas described in section 4.
15 (1) The present land use designation and zoning
16 provided for under the Broward County Comprehensive Plan and
17 Code of Ordinances of Broward County shall remain the law
18 governing the areas provided for in this act. The land use
19 designations and zoning of Broward County shall be deemed the
20 conforming laws of the municipality, until further amended by
21 ordinance.
22 (2) Notwithstanding subsection (1), any use that is
23 legally in existence at the time that the areas provided for
24 in this act become a part of any municipality, said use may
25 not be made a prohibited use by a municipality upon the
26 property, for as long as the use shall continue, and not be
27 voluntarily abandoned.
28 Section 11. Subsequent to the effective date of this
29 act, no annexation by any municipality, nor change of land use
30 designation nor change of zoning shall be effective in the
31 "Intracoastal/Beach Area" unless and until the
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Florida Senate - 1999 (NP) SB 2644
33-1743-99 See HB 1561
1 "Intracoastal/Beach Area" has either been incorporated into a
2 new municipality or annexed into an existing municipality.
3 Section 12. All public roads and the public
4 rights-of-way associated therewith, on the Broward County Road
5 System, lying within the limits of the lands subject to
6 annexation herein, as described in section 4, are transferred
7 from Broward County jurisdiction to the jurisdiction of the
8 annexing municipality or new city. All rights, title,
9 interests and responsibilities for any transferred roads,
10 including, but not limited to, the ownership, operation,
11 maintenance, planning, design and construction of said roads
12 and to the rights-of-way associated therewith shall transfer
13 from Broward County jurisdiction and ownership to the
14 jurisdiction and ownership of the annexing municipality or new
15 city upon the effective date of this act.
16 Section 13. This act shall take effect upon becoming a
17 law.
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