CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
585-184AX-02 Bill No. CS/HB 1535
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Ritter offered the following:
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13 Amendment to Amendment (413501) (with title amendment)
14 On page 51, between lines 21 and 22 of the amendment
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16 insert:
17 Section 14. (1) This section shall apply to any
18 county of this state that has both a population of 1.5 million
19 or more as determined in the last decennial census and has 10
20 percent or less of its developed or developable lands within
21 unincorporated areas. This section shall not apply to any
22 county chartered pursuant to s. 6(e), Art. VIII of the State
23 Constitution.
24 (2) Notwithstanding any general or special law to the
25 contrary, the board of county commissioners of any such county
26 shall establish a plan, no later than November 30 of the
27 second year following the decennial census, in consultation
28 with such county's legislative delegation, for the annexation
29 of all remaining developed and developable unincorporated
30 areas within said county into municipalities. No later than
31 September 15 of the fourth year following the decennial
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HOUSE AMENDMENT
585-184AX-02 Bill No. CS/HB 1535
Amendment No. ___ (for drafter's use only)
1 census, notwithstanding any general or special law to the
2 contrary, the board of county commissioners of any such county
3 shall cause by ordinance the annexation of all remaining
4 developed and developable unincorporated areas within said
5 county into municipalities in a manner consistent with the
6 established plan. Such ordinance shall describe each area to
7 be annexed by its legal description and shall provide the
8 effective date of such annexation. Notwithstanding any general
9 or special law to the contrary, or any charter provision to
10 the contrary, such ordinance shall apply with equal effect to
11 both unincorporated and municipal areas within the boundary of
12 such county.
13 (3) Each of the areas annexed into a municipality
14 shall be a part of said municipality pursuant to s. 171.062,
15 Florida Statutes, on the effective date of the annexation.
16 Such ordinance shall be filed with the Department of State by
17 the county not later than 30 days subsequent to the date of
18 the adoption of the ordinance.
19 (4) As used in this section, the following terms shall
20 be as defined as follows:
21 (a) "Municipality" means a municipality created
22 pursuant to general or special law authorized or recognized
23 pursuant to s. 2 or s. 6, Art. VIII of the State Constitution.
24 (b) "Contiguous" means that a substantial part of a
25 boundary of the territory sought to be annexed by a
26 municipality is coterminous with a part of the boundary of the
27 municipality. The separation of the territory sought to be
28 annexed from the annexing municipality by a publicly owned
29 county park; a right-of-way for a highway, road, railroad,
30 canal, or utility; or a body of water, watercourse, or other
31 minor geographical division of a similar nature, running
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HOUSE AMENDMENT
585-184AX-02 Bill No. CS/HB 1535
Amendment No. ___ (for drafter's use only)
1 parallel with and between the territory sought to be annexed
2 and the annexing municipality, shall not prevent annexation
3 under this section, provided the presence of such a division
4 does not, as a practical matter, prevent the territory sought
5 to be annexed and the annexing municipality from becoming a
6 unified whole with respect to municipal services or prevent
7 their inhabitants from fully associating and trading with each
8 other, socially and economically. However, nothing in this
9 section shall be construed to allow local rights-of-way,
10 utility easements, railroad rights-of-way, or like entities to
11 be annexed in a corridor fashion to gain contiguity; and when
12 any provision or provisions of special law or laws prohibit
13 the annexation of territory that is separated from the
14 annexing municipality by a body of water or watercourse, then
15 that law shall prevent annexation under this section.
16 (c) "Urban services" means any services offered by a
17 municipality, either directly or by contract, to any of its
18 present residents.
19 (d) "Compactness" means concentration of a piece of
20 property in a single area and precludes any action that would
21 create enclaves, pockets, or finger areas in serpentine
22 patterns. Any annexation proceeding in any county in the state
23 shall be designed in such a manner as to ensure that the area
24 will be reasonably compact.
25 (5) The plan required in subsection (2) shall be
26 established in the following manner. Such county may provide
27 for any staff or professional services it deems necessary for
28 the preparation and implementation of the annexation plan.
29 Such county shall hold at least two public hearings prior to
30 adoption of the annexation ordinance. Any such public hearings
31 shall be noticed by publication at least 7 days in advance of
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HOUSE AMENDMENT
585-184AX-02 Bill No. CS/HB 1535
Amendment No. ___ (for drafter's use only)
1 each such meeting in a newspaper of general circulation in the
2 county. The annexation plan shall include recommendations,
3 submitted to each area to be annexed, for the extension of
4 urban services on substantially the same basis and in the same
5 manner as such services are provided within the rest of the
6 annexing municipality prior to annexation.
7 (6)(a) In determining the annexation of unincorporated
8 lands within a county as provided for by this section, such
9 county shall utilize the following criteria: the total area to
10 be annexed must be contiguous to the municipality's boundaries
11 at the time the annexation proceeding is begun and must
12 maintain compactness, and no part of the area shall be
13 included within the boundary of another incorporated
14 municipality.
15 (b) Part of all of the area to be annexed must be
16 developed for urban purposes. An area developed for urban
17 purposes is defined as any area which meets any one of the
18 following standards:
19 1. It has a total resident population equal to at
20 least two persons for each acre of land included within its
21 boundaries.
22 2. It has a total resident population equal to at
23 least one person for each acre of land included within its
24 boundaries and is subdivided into lots and tracts so that at
25 least 60 percent of the total number of lots and tracts are 1
26 acre or less in size.
27 3. It is so developed that at least 60 percent of the
28 total number of lots and tracts in the area at the time of
29 annexation are used for urban purposes, and it is subdivided
30 into lots and tracts so that at least 60 percent of the total
31 acreage, not counting the acreage used at the time of
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HOUSE AMENDMENT
585-184AX-02 Bill No. CS/HB 1535
Amendment No. ___ (for drafter's use only)
1 annexation for nonresidential urban purposes, consists of lots
2 and tracts 5 acres or less in size.
3 (c) In addition to the area developed for urban
4 purposes, the board of county commissioners may include in the
5 area to be annexed any area which does not meet the
6 requirements of this subsection if such area meets either of
7 the following criteria:
8 1. Lies between the municipal boundary and an area
9 developed for urban purposes, so that the area developed for
10 urban purposes is either not adjacent to the municipal
11 boundary or cannot be served by the municipality without
12 extending services or water or sewer lines through such
13 sparsely developed area; or
14 2. Is adjacent, on at least 60 percent of its external
15 boundary, to any combination of the municipal boundary and the
16 boundary of an area or areas developed for urban purposes as
17 defined above.
18 (7) No existing county regional facility shall be
19 annexed by the procedure provided in this section unless the
20 affected county and the annexing municipality consent to same
21 by ordinance of each governing body.
22 (8) This section shall take precedence over all prior
23 existing laws.
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27 And the title is amended as follows:
28 On page 54, line 28 of the amendment
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30 insert after the semicolon:
31 requiring certain counties to establish a plan
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HOUSE AMENDMENT
585-184AX-02 Bill No. CS/HB 1535
Amendment No. ___ (for drafter's use only)
1 for the annexation of unincorporated areas, and
2 to annex such areas by ordinance; requiring
3 consultation; providing definitions; requiring
4 certain notices and publication of notices;
5 establishing certain criteria for annexation;
6 requiring certain consent for certain
7 annexations; providing for statutory
8 construction;
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