Senate Bill 2644

CODING: Words stricken are deletions; words underlined are additions.



    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.

11

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

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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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    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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