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



                                                  SENATE AMENDMENT

    Bill No. CS for SB 1464

    Amendment No. ___   Barcode 663536

                            CHAMBER ACTION
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11  Senator Geller moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 11, between lines 9 and 10,

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16  insert:

17         Section 3.  (1)  This section shall apply to any

18  chartered county of this state that has both a population of

19  1.5 million or more as determined in the last decennial census

20  and has 10 percent or less of its developed or developable

21  lands within unincorporated areas. This section shall not

22  apply to any county chartered pursuant to s. 6(e), Art. VIII

23  of the State Constitution.

24         (2)  Notwithstanding any general or special law to the

25  contrary, the board of county commissioners of any such county

26  shall present a comprehensive plan consistent with the

27  provisions of s. 2, Art. I of the State Constitution, no later

28  than November 30 of the second year following the decennial

29  census, in consultation with such county's legislative

30  delegation and the municipalities, for the annexation of all

31  remaining developed and developable unincorporated areas

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1464

    Amendment No. ___   Barcode 663536





  1  within said county into municipalities. No later than

  2  September 15 of the fifth year following the decennial census,

  3  notwithstanding any general or special law to the contrary,

  4  the board of county commissioners of any such county shall by

  5  one or more ordinances cause the annexation of all remaining

  6  developed and developable unincorporated areas within said

  7  county into municipalities in a manner consistent with the

  8  established plan. Such ordinances shall describe each area to

  9  be annexed by its legal description and shall provide the

10  effective date of such annexations. Notwithstanding any

11  general or special law to the contrary, or any charter

12  provision to the contrary, such ordinances shall apply with

13  equal effect to both unincorporated and municipal areas within

14  the boundary of such county.

15         (3)  Each of the areas annexed into a municipality

16  shall be a part of said municipality pursuant to s. 171.062,

17  Florida Statutes, on the effective date of the annexation.

18  Such ordinance shall be filed with the Department of State by

19  the county not later than 30 days subsequent to the date of

20  the adoption of the ordinance.

21         (4)  As used in this section, the following terms shall

22  be as defined as follows:

23         (a)  "Municipality" means a municipality created

24  pursuant to general or special law authorized or recognized

25  pursuant to s. 2 or s. 6, Art. VIII of the State Constitution.

26         (b)  "Contiguous" means that a substantial part of a

27  boundary of the territory sought to be annexed by a

28  municipality is coterminous with a part of the boundary of the

29  municipality. The separation of the territory sought to be

30  annexed from the annexing municipality by a publicly owned

31  county park; a right-of-way for a highway, road, railroad,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1464

    Amendment No. ___   Barcode 663536





  1  canal, or utility; or a body of water, watercourse, or other

  2  minor geographical division of a similar nature, running

  3  parallel with and between the territory sought to be annexed

  4  and the annexing municipality, shall not prevent annexation

  5  under this section, provided the presence of such a division

  6  does not, as a practical matter, prevent the territory sought

  7  to be annexed and the annexing municipality from becoming a

  8  unified whole with respect to municipal services or prevent

  9  their inhabitants from fully associating and trading with each

10  other, socially and economically. However, nothing in this

11  section shall be construed to allow local rights-of-way,

12  utility easements, railroad rights-of-way, or like entities to

13  be annexed in a corridor fashion to gain contiguity. If any

14  provision or provisions of special law or laws prohibit the

15  annexation of territory that is separated from the annexing

16  municipality by a body of water or watercourse, that law shall

17  prevent annexation under this section.

18         (c)  "Urban services" means any services offered by a

19  municipality, either directly or by contract, to any of its

20  present residents.

21         (d)  "Compactness" means concentration of a piece of

22  property in a single area and precludes any action that would

23  create enclaves, pockets, or finger areas in serpentine

24  patterns. Any annexation proceeding in any county in the state

25  shall be designed in such a manner as to ensure that the area

26  will be reasonably compact.

27         (5)  The plan required in subsection (2) shall be

28  established in the following manner:

29         (a)  Such county may provide for any staff or

30  professional services it deems necessary for the preparation

31  and implementation of the annexation plan.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1464

    Amendment No. ___   Barcode 663536





  1         (b)  Such county shall hold at least two public

  2  hearings prior to adoption of the annexation ordinance.

  3         (c)  Any such public hearings shall be noticed by

  4  publication at least 7 days in advance of each such meeting in

  5  a newspaper of general circulation in the county.

  6         (d)  The annexation plan shall include recommendations,

  7  submitted to each area to be annexed, for the extension of

  8  urban services on substantially the same basis and in the same

  9  manner as such services are provided within the rest of the

10  annexing municipality prior to annexation.

11         (6)(a)  In determining the annexation of unincorporated

12  lands within a county as provided for by this section, such

13  county shall utilize the following criteria: the total area to

14  be annexed must be contiguous to the municipality's boundaries

15  at the time the annexation proceeding is begun and must

16  maintain compactness, and no part of the area shall be

17  included within the boundary of another incorporated

18  municipality.

19         (b)  Part or all of the area to be annexed must be

20  developed for urban purposes. An area developed for urban

21  purposes is defined as any area which meets any one of the

22  following standards:

23         1.  It has a total resident population equal to at

24  least two persons for each acre of land included within its

25  boundaries.

26         2.  It has a total resident population equal to at

27  least one person for each acre of land included within its

28  boundaries and is subdivided into lots and tracts so that at

29  least 60 percent of the total number of lots and tracts are 1

30  acre or less in size.

31         3.  It is so developed that at least 60 percent of the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1464

    Amendment No. ___   Barcode 663536





  1  total number of lots and tracts in the area at the time of

  2  annexation are used for urban purposes, and it is subdivided

  3  into lots and tracts so that at least 60 percent of the total

  4  acreage, not counting the acreage used at the time of

  5  annexation for nonresidential urban purposes, consists of lots

  6  and tracts 5 acres or less in size.

  7         (c)  In addition to the area developed for urban

  8  purposes, the board of county commissioners may include in the

  9  area to be annexed any area which does not meet the

10  requirements of this subsection if such area meets either of

11  the following criteria:

12         1.  Lies between the municipal boundary and an area

13  developed for urban purposes, so that the area developed for

14  urban purposes is either not adjacent to the municipal

15  boundary or cannot be served by the municipality without

16  extending services or water or sewer lines through such

17  sparsely developed area; or

18         2.  Is adjacent, on at least 60 percent of its external

19  boundary, to any combination of the municipal boundary and the

20  boundary of an area or areas developed for urban purposes as

21  defined above.

22         (7)  Where an unincorporated area meets the criteria in

23  subsection 6 of this section, and is contiguous to more than

24  one municipality, a county is authorized to hold a binding

25  referendum to determine into which municipality the

26  unincorporated area shall be annexed.  A special election may

27  be called by the Board of County Commissioners wherein only

28  qualified electors within the unincorporated area as provided

29  in this subsection shall vote.  Notwithstanding F.S. 101.161,

30  the names of some or all contiguous municipalities shall

31  appear on the ballot.  If two municipalities appear on the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1464

    Amendment No. ___   Barcode 663536





  1  ballot pursuant to this subsection, the unincorporated area

  2  shall be annexed to the municipality receiving a majority of

  3  votes of the voters voting in said election.  If more than two

  4  municipalities appear on the ballot pursuant to this

  5  subsection, the unincorporated area shall be annexed to the

  6  municipality receiving the plurality of the vote of the voters

  7  voting in said election.  Annexations accomplished pursuant to

  8  this subsection shall be effective pursuant to subsection 3 of

  9  this section on a date determined by the county's annexation

10  plan, but in no event later than September 15, of the fifth

11  year following the establishment of the annexation plan.

12         (8)  No existing county regional facility shall be

13  annexed by the procedure provided in this section unless the

14  affected county and the annexing municipality consent to same

15  by ordinance of each governing body.

16         (9)  This section shall take precedence over all prior

17  existing laws.

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19  (Redesignate subsequent sections.)

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21

22  ================ T I T L E   A M E N D M E N T ===============

23  And the title is amended as follows:

24         On page 2, line 1, after the semicolon

25

26  insert:

27         requiring certain counties to establish a plan

28         for the annexation of unincorporated areas and

29         to annex such areas by one or more ordinances;

30         requiring consultation; providing definitions;

31         providing for public hearings; requiring

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1464

    Amendment No. ___   Barcode 663536





  1         certain notices and publication of notices;

  2         establishing certain criteria for annexations;

  3         authorizing referenda; requiring certain

  4         consent for certain annexations; providing for

  5         statutory construction;

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