Senate Bill 2720

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



    Florida Senate - 2000        (NP)                      SB 2720

    By Senator Dawson





    30-1915-00                                         See HB 1775

  1                      A bill to be entitled

  2         An act relating to Broward County; providing

  3         for extending the corporate limits of the City

  4         of Fort Lauderdale and the City of Plantation;

  5         providing for annexation of the unincorporated

  6         area known as "Broadview Park"; providing for

  7         an election; providing an effective date for

  8         annexation; providing for an interlocal

  9         agreement; providing for a continuation of

10         certain Broward County regulations; providing

11         for the transfer of public roads and

12         rights-of-way; providing an effective date.

13

14  Be It Enacted by the Legislature of the State of Florida:

15

16         Section 1.  No later than July 15, 2000, the governing

17  bodies of the Cities of Fort Lauderdale and Plantation, after

18  having considered the effects of annexation on the residents

19  of both the "Broadview Park Area," as hereinafter described,

20  and their respective municipalities, shall inform the Broward

21  County Legislative Delegation that they desire to appear on

22  the ballot as provided for in this act for annexation of the

23  Broadview Park Area.

24         Section 2.  The Broward County Board of County

25  Commissioners shall schedule an election in accordance with

26  the provisions of the law relating to elections currently in

27  force in Broward County on November 7, 2000. The subject of

28  said election shall be the annexation of the Broadview Park

29  Area. Only registered voters residing in the Broadview Park

30  Area as described in this act, may vote in said election.  On

31  the ballot provided for in this section shall appear the name

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    Florida Senate - 2000        (NP)                      SB 2720
    30-1915-00                                         See HB 1775




  1  of each municipality which shall have informed the Broward

  2  County Legislative Delegation that it desires to appear on the

  3  ballot as provided for in section 1.  The voters residing in

  4  the Broadview Park Area shall, by majority vote of the voters

  5  participating in the election, choose one municipality for

  6  annexation. A mail ballot shall not be used in this election.

  7         Section 3.  Upon a majority of the registered voters

  8  voting in the referendum provided for in section 2 to be

  9  annexed into the City of Fort Lauderdale, the Broadview Park

10  Area described in section 4 shall be deemed a part of said

11  municipality on September 15, 2001, pursuant to section

12  171.062, Florida Statutes, except as provided for in this act.

13         Section 4.  The legal description of the Broadview Park

14  Area, if annexed into the City of Fort Lauderdale, is as

15  follows:

16

17         That portion of Sections 13, 14, 23 and 24,

18         Township 50 South, Range 41 East and Section 18

19         Township 50 South, Range 42 East, Broward

20         County, Florida, described as follows:

21

22         Beginning at a point on the boundary of the

23         City of Plantation established by Chapter

24         68-101 Laws of Florida, being the Southeast

25         corner of Tract 1, Tier 24, according to

26         Newman's Survey of Section 14, Township 50

27         South, Range 41 East, as recorded in Plat Book

28         2, Page 26, Public Records of Dade County,

29         Florida;

30

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    Florida Senate - 2000        (NP)                      SB 2720
    30-1915-00                                         See HB 1775




  1         thence continuing along the said boundary of

  2         the City of Plantation the following 6 courses;

  3

  4         thence Northeasterly along the East line of

  5         said Tier 24, to the North line of said Section

  6         13;

  7

  8         thence East along the said North line of

  9         Section 13 to a point of intersection with the

10         Northerly extension of the Westerly line of

11         Block 3, as shown by the plat of LAUDERDALE

12         HIGHLANDS as recorded in Plat Book 12, at Page

13         37, Public Records of Broward County, Florida;

14

15         thence Southwesterly along the Westerly line of

16         said Block 3 and its Northerly extension

17         thereof, to the Southwesterly corner of Lot 11

18         of said Block 3;

19

20         thence Easterly along the Southerly line of

21         said Lot 11 and its Easterly extension thereof,

22         to a point of intersection with the Easterly

23         right-of-way line of Highland Avenue, as shown

24         by said plat of LAUDERDALE HIGHLANDS;

25

26         thence Southwesterly along the Easterly

27         right-of-way line of said Highland Avenue to a

28         point of intersection with the South line of

29         Block 1, as shown by said plat of LAUDERDALE

30         HIGHLANDS;

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    Florida Senate - 2000        (NP)                      SB 2720
    30-1915-00                                         See HB 1775




  1         thence Easterly along the South line of said

  2         Block 1 and its Easterly extension thereof to a

  3         point of intersection with the East

  4         right-of-way line of State Road No.7, as

  5         described in City of Fort Lauderdale annexing

  6         Resolution No. 8519;

  7

  8         thence Southerly along the said east

  9         right-of-way line to the North right-of-way

10         line of Riverland Road and the boundary of the

11         Town of Davie as described in Chapter 84-420,

12         Laws of Florida;

13

14         thence continuing along said boundary of the

15         Town of Davie the following 10 courses;

16

17         thence Westerly along the Westerly prolongation

18         of the said North right-of-way line to the West

19         right-of-way line of State Road No.7;

20

21         thence Southerly along said West right-of-way

22         line to a point of intersection with a line 300

23         feet North of the Southerly line of Tract 2,

24         Tier 4, of said Newman's Survey, as measured

25         along the said Westerly right-of-way line;

26

27         thence Northwesterly to a point on the Easterly

28         right-of-way line of Southwest 41st Avenue,

29         being 298.34 feet Northerly from the Southwest

30         corner of said Tract 2, Tier 4;

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    Florida Senate - 2000        (NP)                      SB 2720
    30-1915-00                                         See HB 1775




  1         thence Westerly to a point of intersection of

  2         the West right-of-way line of Southwest 41st

  3         Avenue with the North line of said Section 24;

  4

  5         thence Southwesterly along the said West

  6         right-of-way line to the centerline of North

  7         New River Canal;

  8

  9         thence Southeasterly along said centerline to

10         the Westerly right-of-way line of State Road

11         No.7;

12

13         thence Southwesterly along said West

14         right-of-line to the South bank of the North

15         New River Canal;

16

17         thence Northwesterly along said South bank to

18         the Northerly extension of the West line of the

19         East One-Half of Tract 1, Tier 7 of said

20         Newman's Survey;

21

22         thence Southwesterly along said Northerly

23         extension to the Northwest corner of the said

24         East One-Half of Tract 1, Tier 7, also being on

25         the South right-of-way line of North New River

26         Canal;

27

28         thence Northwesterly along the said Southerly

29         right-of-way line to the Easterly line of Tier

30         21 of said Newman's Survey;

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    Florida Senate - 2000        (NP)                      SB 2720
    30-1915-00                                         See HB 1775




  1         thence Northwesterly, continuing on the

  2         boundary of the Town of Davie, along the said

  3         Southerly right-of-way line to the intersection

  4         with the Southwesterly extension of the East

  5         line of the aforesaid Tract 1, Tier 24;

  6

  7         thence Northeasterly along said Southwesterly

  8         extension to the Point of Beginning.

  9         Section 5.  Upon a majority of the registered voters

10  voting in the referendum provided for in section 2 to be

11  annexed into the  City of Plantation, the Broadview Park Area

12  described in section 6 shall be deemed a part of said

13  municipality on September 15, 2001, pursuant to section

14  171.062, Florida Statutes, except as provided for in this act.

15         Section 6.  The legal description of Broadview Park

16  Area, if annexed into the City of Plantation, is as follows:

17

18         That portion of Sections 13, 14, 23 and 24,

19         Township 50 South, Range 41 East and Section 18

20         Township 50 South, Range 42 East, Broward

21         County, Florida, described as follows:

22

23         Beginning at a point on the boundary of the

24         City of Plantation established by Chapter

25         68-101, Laws of Florida being the Southeast

26         corner of Tract 1, Tier 24, according to

27         Newman's Survey of Section 14, Township 50

28         South, Range 41 East, as recorded in Plat Book

29         2, Page 26, Public Records of Dade County,

30         Florida;

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    Florida Senate - 2000        (NP)                      SB 2720
    30-1915-00                                         See HB 1775




  1         thence continuing along the said boundary of

  2         the City of Plantation the following 6 courses;

  3

  4         thence Northeasterly along the East line of

  5         said Tier 24, to the North line of said Section

  6         13;

  7

  8         thence East along the said North line of

  9         Section 13 to a point of intersection with the

10         Northerly extension of the Westerly line of

11         Block 3, as shown by the plat of LAUDERDALE

12         HIGHLANDS as recorded in Plat Book 12, at Page

13         37, Public Records of Broward County, Florida;

14

15         thence Southwesterly along the Westerly line of

16         said Block 3 and its Northerly extension

17         thereof, to the Southwesterly corner of Lot 11

18         of said Block 3;

19

20         thence Easterly along the Southerly line of

21         said Lot 11 and its Easterly extension thereof,

22         to a point of intersection with the Easterly

23         right-of-way line of Highland Avenue, as shown

24         by said plat of LAUDERDALE HIGHLANDS;

25

26         thence Southwesterly along the Easterly

27         right-of-way line of said Highland Avenue to a

28         point of intersection with the South line of

29         Block 1, as shown by said plat of LAUDERDALE

30         HIGHLANDS;

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    Florida Senate - 2000        (NP)                      SB 2720
    30-1915-00                                         See HB 1775




  1         thence Easterly along the South line of said

  2         Block 1 and its Easterly extension thereof to a

  3         point of intersection with the East

  4         right-of-way line of State Road No.7, as

  5         described in City of Fort Lauderdale annexing

  6         Resolution No. 8519;

  7

  8         thence Southerly along the said east

  9         right-of-way line to the North right-of-way

10         line of Riverland Road and the boundary of the

11         Town of Davie as described in Chapter 84-420,

12         Laws of Florida;

13

14         thence continuing along said boundary of the

15         Town of Davie the following 10 courses;

16

17         thence Westerly along the Westerly prolongation

18         of the said North right-of-way line to the West

19         right-of-way line of State Road No.7;

20

21         thence Southerly along said West right-of-way

22         line to a point of intersection with a line 300

23         feet North of the Southerly line of Tract 2,

24         Tier 4, of said Newman's Survey, as measured

25         along the said Westerly right-of-way line;

26

27         thence Northwesterly to a point on the Easterly

28         right-of-way line of Southwest 41st Avenue,

29         being 298.34 feet Northerly from the Southwest

30         corner of said Tract 2, Tier 4;

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    Florida Senate - 2000        (NP)                      SB 2720
    30-1915-00                                         See HB 1775




  1         thence Westerly to a point of intersection of

  2         the West right-of-way line of Southwest 41st

  3         Avenue with the North line of said Section 24;

  4

  5         thence Southwesterly along the said West

  6         right-of-way line to the centerline of North

  7         New River Canal;

  8

  9         thence Southeasterly along said centerline to

10         the Westerly right-of-way line of State Road

11         No.7;

12

13         thence Southwesterly along said West

14         right-of-line to the South bank of the North

15         New River Canal;

16

17         thence Northwesterly along said South bank to

18         the Northerly extension of the West line of the

19         East One-Half of Tract 1, Tier 7 of said

20         Newman's Survey;

21

22         thence Southwesterly along said Northerly

23         extension to the Northwest corner of the said

24         East One-Half of Tract 1, Tier 7, also being on

25         the South right-of-way line of North New River

26         Canal;

27

28         thence Northwesterly along the said Southerly

29         right-of-way line to the Easterly line of Tier

30         21 of said Newman's Survey;

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    Florida Senate - 2000        (NP)                      SB 2720
    30-1915-00                                         See HB 1775




  1         thence Northwesterly, continuing on the

  2         boundary of the Town of Davie, along the said

  3         Southerly right-of-way line to the intersection

  4         with the Southwesterly extension of the East

  5         line of the aforesaid Tract 1, Tier 24;

  6

  7         thence Northeasterly along said Southwesterly

  8         extension to the Point of Beginning.

  9

10         TOGETHER WITH:

11

12         That portion of Sections 7, 8, 14, 15, 16 and

13         17, Township 50 South, Range 41 East and

14         Sections 2, 11 and 12, Township 50 South, Range

15         40 East, Broward County, Florida, described as

16         follows:

17

18         Beginning at a point on the boundary of the

19         City of Plantation established by Chapter

20         68-101, Laws of Florida, being the Southeast

21         corner of Tract 1, Tier 24, according to

22         Newman's Survey of Section 14, Township 50

23         South, Range 41 East, as recorded in Plat Book

24         2, Page 26, Public Records of Dade County,

25         Florida;

26

27         thence Northwesterly along the North right of

28         way line of the North New River Canal and along

29         the boundary of the City of Plantation

30         established by said Chapter 68-101 and by

31         Ordinance 1008, Ordinance 568, and Ordinance

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    Florida Senate - 2000        (NP)                      SB 2720
    30-1915-00                                         See HB 1775




  1         543, all as adopted by the City of Plantation,

  2         to the intersection with the West line of said

  3         Section 2;

  4

  5         thence Southerly along the said West line to

  6         the South right of way line of the North New

  7         River Canal, being a point on the boundary of

  8         the Town of Davie established by Chapter

  9         84-420, Laws of Florida;

10

11         thence Southeasterly along the said South right

12         of way line and along the boundary of the Town

13         of Davie established by said Chapter 84-420 and

14         by Ordinance 85-97, adopted by the Town of

15         Davie, to the intersection with the

16         Southwesterly extension of the East line of

17         Tier 24 of said Newman's Survey;

18

19         thence Northeasterly along the said

20         Southwesterly extension to the point of

21         BEGINNING.

22         Section 7.  An interlocal agreement shall be developed

23  between the governing bodies of Broward County and the

24  annexing city and executed prior to the effective date of the

25  annexation as provided for in section 3 or section 5.  The

26  agreement shall include a financially feasible plan for

27  transitioning county services, buildings, infrastructure,

28  waterways, roads and rights-of-way, and employees, and

29  provisions for Broward County to continue to receive certain

30  revenues generated by the Broadview Park Area until the

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    Florida Senate - 2000        (NP)                      SB 2720
    30-1915-00                                         See HB 1775




  1  completion of programmed infrastructure improvements, as

  2  appropriate.

  3         Section 8.  Upon annexation into a municipality, the

  4  following shall govern the areas described in either section 4

  5  or section 6.

  6         (1)  The present land use designations and zoning

  7  districts provided for under the Broward County Comprehensive

  8  Plan and Code of Ordinances of Broward County shall remain the

  9  law governing the Broadview Park Area, notwithstanding the

10  fact that the Broadview Park Area is now a part of a

11  municipality.  The land use designations and zoning of Broward

12  County shall be deemed the conforming laws of the municipality

13  of which the Broadview Park Area is now a part.

14         (2)  Any change of zoning districts or land use

15  designations may only be accomplished by enactment of the vote

16  of the majority of the full governing body of a municipality

17  plus one.

18         (3)  Notwithstanding subsections (1) and (2), any use,

19  building, or structure that is legally in existence at the

20  time that the Broadview Park Area becomes a part of the

21  municipality, said use shall not be made a prohibited use by

22  the municipality, on the property of said use, for as long as

23  the use shall continue, and not be voluntarily abandoned.

24         Section 9.  Subsequent to the effective date of this

25  act, no change in land use designation or zoning shall be

26  effective within the limits of the lands subject to annexation

27  herein until the Broadview Park Area has been annexed into the

28  municipality. No annexation by any municipality shall occur

29  during the time period between the effective date of this act

30  and the effective date of the annexation.  However, this

31  section shall not take effect if a municipality does not

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    Florida Senate - 2000        (NP)                      SB 2720
    30-1915-00                                         See HB 1775




  1  appear on the ballot of November 7, 2000, as provided in this

  2  act.

  3         Section 10.  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 either section 4 or section

  7  6, are transferred from Broward County jurisdiction to the

  8  jurisdiction of the annexing municipality, except for those

  9  portions of Pine Island Road and Davie Boulevard and that

10  portion of Peters Road west of the Peters Road/Davie Boulevard

11  intersection lying within the limits of the annexation area.

12  All rights, title, interests, and responsibilities for any

13  transferred roads, including, but not limited to, the

14  ownership, operation, maintenance, planning, design, and

15  construction of said roads, and to the rights-of-way

16  associated therewith, shall transfer from Broward County

17  jurisdiction and ownership to the jurisdiction and ownership

18  of the annexing municipality upon the effective date of this

19  act.

20         Section 11.  This act shall take effect upon becoming a

21  law.

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