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



                                                  SENATE AMENDMENT

    Bill No. HB 2025, 1st Eng.

    Amendment No. ___   Barcode 671206

                            CHAMBER ACTION
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11  Senator Geller moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14          Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  (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. HB 2025, 1st Eng.

    Amendment No. ___   Barcode 671206





  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. HB 2025, 1st Eng.

    Amendment No. ___   Barcode 671206





  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. HB 2025, 1st Eng.

    Amendment No. ___   Barcode 671206





  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         (e)  The county and the municipalities that would be

12  affected by the annexation plan shall attempt to negotiate in

13  good faith an interlocal agreement between the municipalities

14  and the county. The interlocal agreement should include, at a

15  minimum, the completion of planned infrastructure improvements

16  by the county and a transitional plan.

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

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

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

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

21  at the time the annexation proceeding is begun and must

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

23  included within the boundary of another incorporated

24  municipality. No area shall be annexed if the effect of an

25  annexation ordinance would increase the population of the

26  municipality by more than 30 percent, unless approved by

27  resolution of the subject municipality.

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

29  developed for urban purposes. An area developed for urban

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

31  following standards:

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                                                  SENATE AMENDMENT

    Bill No. HB 2025, 1st Eng.

    Amendment No. ___   Barcode 671206





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

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

  3  boundaries.

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

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

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

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

  8  acre or less in size.

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

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

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

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

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

14  annexation for nonresidential urban purposes, consists of lots

15  and tracts 5 acres or less in size.

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

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

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

19  requirements of this subsection if such area meets either of

20  the following criteria:

21         1.  Lies between the municipal boundary and an area

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

23  urban purposes is either not adjacent to the municipal

24  boundary or cannot be served by the municipality without

25  extending services or water or sewer lines through such

26  sparsely developed area; or

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

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

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

30  defined above.

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2025, 1st Eng.

    Amendment No. ___   Barcode 671206





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

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

  3  referendum to determine into which municipality the

  4  unincorporated area shall be annexed.  A special election may

  5  be called by the Board of County Commissioners wherein only

  6  qualified electors within the unincorporated area as provided

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

  8  the names of some or all contiguous municipalities shall

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

10  ballot pursuant to this subsection, the unincorporated area

11  shall be annexed to the municipality receiving a majority of

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

13  municipalities appear on the ballot pursuant to this

14  subsection, the unincorporated area shall be annexed to the

15  municipality receiving the plurality of the vote of the voters

16  voting in said election.  Annexations accomplished pursuant to

17  this subsection shall be effective pursuant to subsection 3 of

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

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

20  year following the establishment of the annexation plan.

21         (8)  Notwithstanding any other provision of law to the

22  contrary, any commercial and entertainment complex located on

23  property with a minimum of 50 acres shall not be annexed

24  pursuant to the procedures set forth in this section unless

25  the applicable owner or owners consent to such annexation.

26         (9)  No existing county regional facility shall be

27  annexed by the procedure provided in this section unless the

28  affected county and the annexing municipality consent to same

29  by ordinance of each governing body with the consent of the

30  regional facility.

31         (10)  This section shall take precedence over all prior

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                                                  SENATE AMENDMENT

    Bill No. HB 2025, 1st Eng.

    Amendment No. ___   Barcode 671206





  1  existing laws.

  2         Section 2.  This act shall take effect upon becoming a

  3  law.

  4

  5

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

  7  And the title is amended as follows:

  8          Delete everything before the enacting clause

  9

10  and insert:

11                      A bill to be entitled

12         An act relating to annexation; requiring

13         certain counties to establish a plan for the

14         annexation of unincorporated areas and to annex

15         such areas by one or more ordinances; requiring

16         consultation; providing definitions; providing

17         for public hearings; requiring certain notices

18         and publication of notices; establishing

19         certain criteria for annexations; authorizing

20         referenda; requiring certain consent for

21         certain annexations; providing for statutory

22         construction; providing an effective date.

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