House Bill hb2025

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    Florida House of Representatives - 2002                HB 2025

        By the Committee on Local Government & Veterans Affairs
    and Representatives Ritter and Sorensen





  1                      A bill to be entitled

  2         An act relating to annexation; requiring

  3         certain counties to establish a plan for the

  4         annexation of unincorporated areas and to annex

  5         such areas by one or more ordinances; requiring

  6         consultation; providing definitions; providing

  7         for public hearings; requiring certain notices

  8         and publication of notices; establishing

  9         certain criteria for annexations; authorizing

10         referenda; requiring certain consent for

11         certain annexations; providing for statutory

12         construction; providing an effective date.

13

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

15

16         Section 1.  (1)  This act shall apply to any chartered

17  county of this state that has both a population of 1.5 million

18  or more as determined in the last decennial census and has 10

19  percent or less of its developed or developable lands within

20  unincorporated areas. This act shall not apply to any county

21  chartered pursuant to s. 6(e), Art. VIII of the State

22  Constitution.

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

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

25  shall present a comprehensive plan consistent with the

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

27  than November 30 of the second year following the decennial

28  census, in consultation with such county's legislative

29  delegation and the municipalities, for the annexation of all

30  remaining developed and developable unincorporated areas

31  within said county into municipalities. No later than

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    Florida House of Representatives - 2002                HB 2025

    171-673A-02






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

  2  notwithstanding any general or special law to the contrary,

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

  4  one or more ordinances cause the annexation of all remaining

  5  developed and developable unincorporated areas within said

  6  county into municipalities in a manner consistent with the

  7  established plan. Such ordinances shall describe each area to

  8  be annexed by its legal description and shall provide the

  9  effective date of such annexations. Notwithstanding any

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

11  provision to the contrary, such ordinances shall apply with

12  equal effect to both unincorporated and municipal areas within

13  the boundary of such county.

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

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

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

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

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

19  the adoption of the ordinance.

20         (4)  As used in this act, the following terms shall be

21  defined as follows:

22         (a)  "Municipality" means a municipality created

23  pursuant to general or special law authorized or recognized

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

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

26  boundary of the territory sought to be annexed by a

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

28  municipality. The separation of the territory sought to be

29  annexed from the annexing municipality by a publicly owned

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

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

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    Florida House of Representatives - 2002                HB 2025

    171-673A-02






  1  minor geographical division of a similar nature, running

  2  parallel with and between the territory sought to be annexed

  3  and the annexing municipality, shall not prevent annexation

  4  under this act, provided the presence of such a division does

  5  not, as a practical matter, prevent the territory sought to be

  6  annexed and the annexing municipality from becoming a unified

  7  whole with respect to municipal services or prevent their

  8  inhabitants from fully associating and trading with each

  9  other, socially and economically. However, nothing in this act

10  shall be construed to allow local rights-of-way, utility

11  easements, railroad rights-of-way, or like entities to be

12  annexed in a corridor fashion to gain contiguity. If any

13  provision or provisions of special law or laws prohibit the

14  annexation of territory that is separated from the annexing

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

16  prevent annexation under this act.

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

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

19  present residents.

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

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

22  create enclaves, pockets, or finger areas in serpentine

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

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

25  will be reasonably compact.

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

27  established in the following manner:

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

29  professional services it deems necessary for the preparation

30  and implementation of the annexation plan.

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    Florida House of Representatives - 2002                HB 2025

    171-673A-02






  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 act, such county

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

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

15  the time the annexation proceeding is begun and must maintain

16  compactness, and no part of the area shall be included within

17  the boundary of another incorporated municipality. No area

18  shall be annexed if the effect of the annexation ordinances,

19  in conjunction with all other annexations approved pursuant to

20  this act, would increase the population of the municipality by

21  more than 30 percent, unless approved by resolution of the

22  subject municipality.

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

24  developed for urban purposes. An area developed for urban

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

26  following standards:

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

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

29  boundaries.

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

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

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    Florida House of Representatives - 2002                HB 2025

    171-673A-02






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

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

  3  acre or less in size.

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

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

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

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

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

  9  annexation for nonresidential urban purposes, consists of lots

10  and tracts 5 acres or less in size.

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

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

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

14  requirements of this subsection if such area meets either of

15  the following criteria:

16         1.  Lies between the municipal boundary and an area

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

18  urban purposes is either not adjacent to the municipal

19  boundary or cannot be served by the municipality without

20  extending services or water or sewer lines through such

21  sparsely developed area; or

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

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

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

25  defined above.

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

27  subsection (6) and is contiguous to more than one

28  municipality, a county is authorized to hold a binding

29  referendum to determine into which municipality the

30  unincorporated area shall be annexed.  A special election may

31  be called by the board of county commissioners wherein only

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    Florida House of Representatives - 2002                HB 2025

    171-673A-02






  1  qualified electors within the unincorporated area as provided

  2  in this subsection shall vote.  Notwithstanding s. 101.161,

  3  Florida Statutes, the names of some or all contiguous

  4  municipalities shall appear on the ballot. If two

  5  municipalities appear on the ballot pursuant to this

  6  subsection, the unincorporated area shall be annexed to the

  7  municipality receiving a majority of votes of the electors

  8  voting in said election.  If more than two municipalities

  9  appear on the ballot pursuant to this subsection, the

10  unincorporated area shall be annexed to the municipality

11  receiving the plurality of the vote of the electors voting in

12  said election.  Annexations accomplished pursuant to this

13  subsection shall be effective pursuant to subsection (3) on a

14  date determined by the county's annexation plan, but in no

15  event later than September 15 of the fourth year following the

16  establishment of the annexation plan.

17         (8)  No existing county regional facility shall be

18  annexed by the procedure provided in this act unless the

19  affected county and the annexing municipality consent to same

20  by ordinance of each governing body.

21         (9)  This act shall take precedence over all prior

22  existing laws.

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

24  law.

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    Florida House of Representatives - 2002                HB 2025

    171-673A-02






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  2                          HOUSE SUMMARY

  3
      Requires certain counties to establish a plan for the
  4    annexation of unincorporated areas, and to annex such
      areas by ordinance. Requires consultation. Provides
  5    definitions. Provides for public hearings. Requires
      certain notices and publication of notices. Establishes
  6    certain criteria for annexation. Requires certain consent
      for certain annexations. Provides for statutory
  7    construction.

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