HB 1407

1
A bill to be entitled
2An act relating to Broward County; providing for
3extending the corporate limits of the City of
4Deerfield Beach; providing for annexation of specified
5unincorporated areas; providing for an interlocal
6agreement; providing for continuation of certain
7Broward County regulations; providing for the transfer
8of public roads and rights-of-way; providing an
9effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  That the following described lands shall be
14annexed into and a part of the City of Deerfield Beach effective
15September 15, 2004:
16
17That portion of Sections 11, 13 and 14 Township 48
18South, Range 42 East, Broward County, Florida,
19described as follows:
20
21BEGINNING at the intersection of the centerline of
22N.W. 36 Street (Sample Road) with the Easterly right-
23of-way line of the Seaboard Coastline Railroad, being
24a point on the municipal boundary of the City of
25Pompano Beach, as described in Chapter 2000-458, Laws
26of Florida;
27
28Thence Northeasterly along said municipal boundary and
29along said Easterly right-of-way line to the North
30right-of-way line of Sample Road, as described in said
31Chapter 2000-458, Laws of Florida;
32
33Thence Westerly along said North right-of-way line and
34said municipal boundary to the Westerly right-of-way
35line of the Seaboard Coastline Railroad, being a point
36on the municipal boundary of the City of Deerfield
37Beach, as described in Chapter 99-471, Laws of
38Florida;
39
40Thence along said municipal boundary the following two
41courses;
42
43Thence Northeasterly along said Westerly right-of-way
44line, to the South right-of-way line of N.W./N.E. 48
45Street (Green Road);
46
47Thence Easterly along said South right-of-way line to
48the Easterly right-of-way line of the Florida East
49Coast Railway;
50
51Thence Southwesterly along said Easterly right-of-way
52line to the centerline of N.E. 36 Street (Sample
53Road);
54
55Thence Westerly along said centerline of N.E./N.W. 36
56Street (Sample Road) to the POINT OF BEGINNING.
57
58     Section 2.  An interlocal agreement shall be developed
59between the governing bodies of Broward County and the City of
60Deerfield Beach and executed prior to the effective date of the
61annexation as provided for in section 1. The agreement shall
62include a financially feasible plan for transitioning county
63services, buildings, infrastructure, waterways, and employees.
64     Section 3.  Upon annexation into the municipality, the
65following provisions shall govern the areas described in section
661:
67     (1)  The present land use designations and zoning districts
68provided for under the Broward County Comprehensive Plan and
69Code of Ordinances of Broward County shall remain the law
70governing the area described in section 1, notwithstanding the
71fact that the area described in section 1 is now a part of a
72municipality. The land use designations and zoning districts of
73Broward County shall be deemed the conforming laws of the
74municipality of which the area described in section 1 is now a
75part.
76     (2)  Any change of zoning districts or land use
77designations may only be accomplished by enactment of the vote
78of the majority of the full governing body of the municipality
79plus one.
80     (3)  Notwithstanding subsections (1) and (2), any use,
81building, or structure that is legally in existence at the time
82that the area described in section 1 becomes a part of the
83municipality shall not be made a prohibited use by the
84municipality, on the property of said use, for as long as the
85use shall continue, and said use shall not be voluntarily
86abandoned.
87     Section 4.  Subsequent to the effective date of this act,
88no change in land use designation or zoning shall be effective
89within the limits of the lands subject to annexation herein
90until the area described in section 1 has been annexed into the
91municipality. No annexation within the area described in section
921 by any municipality shall occur during the time period between
93the effective date of this act and the effective date of the
94annexation.
95     Section 5.  Subsequent to the effective date of the
96annexation, any resident in the area to be annexed by this act
97into the City of Deerfield Beach shall be deemed to have met any
98residency requirements for candidacy for any municipal office.
99     Section 6.  Nothing in this chapter shall be construed to
100affect or abrogate the rights of parties to any contracts,
101whether the same be between Broward County and a third party or
102between nongovernmental entities, which contracts are in effect
103prior to the effective date of the annexation.
104     Section 7.  All public roads and the public rights-of-way
105associated therewith, on the Broward County Road System, lying
106within the limits of the lands subject to annexation herein, as
107described in section 1, are transferred from Broward County
108jurisdiction to the jurisdiction of the annexing municipality.
109All rights, titles, interests, and responsibilities for any
110transferred roads, including, but not limited to, the ownership,
111operation, maintenance, planning, design, and construction of
112said roads, and the rights-of-way associated therewith shall
113transfer from Broward County jurisdiction and ownership to the
114jurisdiction and ownership of the annexing municipality upon the
115effective date of the annexation.
116     Section 8.  This act shall take effect upon becoming a law.


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