Senate Bill sb2752c1

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    Florida Senate - 2007                           CS for SB 2752

    By the Committee on Governmental Operations; and Senator Ring





    585-2546-07

  1                      A bill to be entitled

  2         An act relating to local government boundaries;

  3         amending ss. 7.06 and 7.50, F.S.; extending and

  4         enlarging the boundaries of Broward County to

  5         include certain lands in Palm Beach County;

  6         decreasing the boundaries of Palm Beach County;

  7         extending and enlarging the corporate

  8         boundaries of the City of Parkland in Broward

  9         County to annex specified unincorporated lands;

10         providing for continuation of certain land use

11         regulations; providing for transfer of roads

12         and rights-of-way; providing for county and

13         municipal powers; providing for continuation of

14         contracts; superseding chapters 96-542 and

15         99-447, Laws of Florida, relating to annexation

16         of unincorporated areas into municipalities;

17         providing for payment or apportionment of

18         public debt; providing for severability;

19         providing a contingent effective date.

20  

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

22  

23         Section 1.  Section 7.06, Florida Statutes, is amended

24  to read:

25         7.06  Broward County.--The boundary lines of Broward

26  County are as follows: Beginning on the east boundary of the

27  State of Florida at a point where the south boundary of

28  township forty-seven south of range forty-three east, produced

29  easterly, would intersect the same; thence westerly on said

30  township boundary to its intersection with the axis or center

31  line of Hillsborough State Drainage Canal, as at present

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    Florida Senate - 2007                           CS for SB 2752
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 1  located and constructed; thence westerly along the center line

 2  of said canal to its intersection with the range section line

 3  dividing ranges forty and sections twenty-six and thirty-five

 4  of township forty-seven south, of range forty-one east; thence

 5  westerly on the said section line dividing sections

 6  twenty-six, thirty-five and other sections to the northwest

 7  corner of said section thirty-one of township forty-seven

 8  south of range forty-one, east; thence south on the range line

 9  dividing ranges forty and forty-one east, of township

10  forty-seven south, to the northeast corner of section

11  twenty-five of township forty-seven, south, of range forty

12  east, a distance of one hundred and six feet, more or less;

13  thence due west on the north boundaries of the sections

14  numbered from twenty-five to thirty, inclusive, of townships

15  forty-seven south, of ranges thirty-seven to forty east,

16  inclusive, as the same have been surveyed, or may hereafter be

17  surveyed, by the authority of the Board of Trustees of the

18  Internal Improvement Trust Fund, to the northwest corner of

19  section thirty of township forty-seven south, of range

20  thirty-seven east; thence continuing due west to the range

21  line between ranges thirty-four and thirty-five east; thence

22  southerly on the range line dividing ranges thirty-four and

23  thirty-five east, to the southwest corner of township

24  fifty-one south, of range thirty-five east; thence east

25  following the south line of township fifty-one south, across

26  ranges thirty-five, thirty-six, thirty-seven, thirty-eight,

27  thirty-nine and forty, to the southwest corner of township

28  fifty-one south of range forty-one east; thence north on the

29  range line dividing ranges forty and forty-one to the

30  northwest corner of section thirty-one of township fifty-one

31  south, of range forty-one east; thence east on the north

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    Florida Senate - 2007                           CS for SB 2752
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 1  boundary of section thirty-one and other sections to the

 2  waters of the Atlantic Ocean; thence easterly to the eastern

 3  boundary of the State of Florida; thence northerly along said

 4  eastern boundary to the point of beginning. In addition, the

 5  boundary lines of Broward County include the following: Begin

 6  at the northwest corner of section thirty-five, township

 7  fifty-one south, range forty-two east, Dade County, Florida;

 8  thence, southerly following the west line of section

 9  thirty-five, township fifty-one south, range forty-two east to

10  the intersection with a line which is two hundred and thirty

11  feet south of and parallel to the north line of section

12  thirty-five, township fifty-one south, range forty-two east;

13  thence, easterly following the line which is two hundred and

14  thirty feet south of and parallel to the north line of section

15  thirty-five, township fifty-one south, range forty-two east,

16  to the intersection with the west boundary line of the Town of

17  Golden Beach; thence, northerly following the west boundary

18  line of the Town of Golden Beach to the intersection with the

19  north line of section thirty-five, township fifty-one south,

20  range forty-two east; thence, westerly following the north

21  line of section thirty-five, township fifty-one south, range

22  forty-two east to the point of beginning.

23         Section 2.  Section 7.50, Florida Statutes, is amended

24  to read:

25         7.50  Palm Beach County.--The boundary lines of Palm

26  Beach County are as follows: Beginning on the east boundary of

27  Florida at a point where the south boundary of township

28  forty-seven south, of range forty-three east, produced

29  easterly would intersect the same; thence westerly on said

30  township line to its intersection with the axis or center line

31  of the Hillsborough State Drainage Canal as at present located

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    Florida Senate - 2007                           CS for SB 2752
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 1  and constructed; thence westerly along the center line of said

 2  canal to its intersection with the range section line dividing

 3  ranges forty and sections twenty-six and thirty-five of

 4  township forty-seven south, range forty-one east; thence

 5  westerly on the section line dividing said sections twenty-six

 6  and thirty-five and other sections to the northwest corner of

 7  section thirty-one, of township forty-seven south, range

 8  forty-one east; thence south on the range line dividing ranges

 9  forty and forty-one, township forty-seven south, to the

10  northeast corner of section twenty-five of township

11  forty-seven south, range forty east, a distance of one hundred

12  six feet more or less; thence due west on the north boundary

13  of the sections numbered from twenty-five to thirty,

14  inclusive, of townships forty-seven south, ranges thirty-seven

15  to forty east, inclusive, as the same have been surveyed or

16  may hereafter be surveyed by the authority of the Board of

17  Trustees of the Internal Improvement Trust Fund, to the

18  northwest corner of section thirty, township forty-seven

19  south, range thirty-seven east; thence continuing due west to

20  the range line between ranges thirty-four and thirty-five

21  east, and the east boundary of Hendry County; thence north on

22  said range line, concurrent with the east boundary of Hendry

23  County, to the south shore of Lake Okeechobee; thence

24  continuing north on said range line to the northeast corner of

25  section thirty-six, township forty south, range thirty-four

26  east; thence easterly parallel to and one mile north from the

27  township line dividing townships forty and forty-one south to

28  where the south boundary of section twenty-six, township forty

29  south, range thirty-seven east intersects the normal water

30  level on the boundary of Lake Okeechobee; thence east on the

31  south boundary line of said section twenty-six and other

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    Florida Senate - 2007                           CS for SB 2752
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 1  sections across ranges thirty-seven, thirty-eight and

 2  thirty-nine, forty, forty-one and forty-two east, to the east

 3  line of section twenty-eight, township forty south, range

 4  forty-two east; thence north on said east section line to the

 5  north line of said section twenty-eight; thence east on the

 6  section line between sections twenty-two and twenty-seven of

 7  township forty south, range forty-two east, and other sections

 8  to the waters of the Atlantic Ocean; thence easterly to the

 9  eastern boundary of Florida; thence southward along the coast,

10  including the waters of the Atlantic Ocean within the

11  jurisdiction of the State of Florida, to the place of

12  beginning.

13         Section 3.  The present corporate limits of the City of

14  Parkland, Broward County, are hereby extended and enlarged to

15  include, in addition to the territory presently within its

16  corporate limits, the area particularly described as follows:

17  

18  (1)  That portion of the east one-half of section twenty-nine,

19  township forty-seven south, range forty-one east, Palm Beach

20  County, Florida, lying south and west of the Hillsborough

21  State Drainage Canal; less and except the east eighty-five

22  feet thereof; also less and except the west sixty-five feet

23  thereof; also less and except road right-of-way for State Road

24  No. 827.

25  

26  Also described as that portion of lots two through eight and

27  twenty-five through thirty-two, Florida Fruit Lands Company,

28  section twenty-nine, township forty-seven south, range

29  forty-one east, according to the plat thereof, as recorded in

30  plat book one, page one hundred and two, Public Records Palm

31  Beach County, Florida, lying south and west of the

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    Florida Senate - 2007                           CS for SB 2752
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 1  Hillsborough State Drainage Canal; less and except the east

 2  eighty-five feet thereof; also less and except the west

 3  sixty-five feet thereof; also less and except road

 4  right-of-way for State Road No. 827.

 5  

 6  Said lands lying in Palm Beach County, Florida, containing

 7  11,722,792.53 square feet (269.1183 acres) more or less.

 8  

 9  (2)  All of that part of section twenty-eight, township

10  forty-seven south, range forty-one east, lying south of the

11  southerly right-of-way line of the Hillsborough State Drainage

12  Canal, said right-of-way being one hundred and thirty feet

13  southerly of the centerline of the Hillsborough State Drainage

14  Canal, less the following portion, beginning at the southwest

15  corner of said section twenty-eight, thence on an azimuth of

16  358° 44' 45", along the west line of said section

17  twenty-eight, a distance of 4309.08 feet to a point on the

18  southerly right-of-way line of the Hillsborough State Drainage

19  Canal; thence on an azimuth of 107° 59' 34", along said

20  right-of-way line, a distance of 31.78 feet; thence on an

21  azimuth of 178° 44' 45", along a line parallel with and 30.00

22  feet east of as measured at right angles to the said west line

23  of section twenty-eight, a distance of 3529.06 feet; thence on

24  an azimuth of 89° 36' 40", along a line parallel with and

25  769.87 feet north of as measured at right angles to the south

26  line of said section twenty-eight, a distance of 1387.00 feet;

27  thence on an azimuth of 178° 44' 45", along a line parallel

28  with and 1416.84 feet east of as measured at right angles to

29  the said west line of section twenty-eight, a distance of

30  769.96 feet to a point on the south line of said section

31  twenty-eight; thence on an azimuth of 269° 36'40" along the

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    Florida Senate - 2007                           CS for SB 2752
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 1  south line of said section twenty-eight, a distance of 1417.00

 2  feet to the point of beginning.

 3  

 4  Said lands situate, lying and being in Palm Beach County,

 5  Florida.

 6         Section 4.  All land use and zoning designations

 7  applicable to the lands subject to this act shall continue in

 8  effect until changed by the entity or entities with

 9  jurisdiction over those lands subsequent to the effective date

10  of this act. All development orders, permits, and licenses in

11  existence on the effective date of this act shall remain in

12  effect and be permitted to continue in accordance with their

13  terms, notwithstanding that the lands formerly in Palm Beach

14  County are now a part of Broward County.

15         Section 5.  All public roads and the public

16  rights-of-way associated therewith, lying within the lands

17  transferred from Palm Beach County to Broward County by this

18  act, are transferred from Palm Beach County's jurisdiction to

19  the jurisdiction of Broward County, except that those public

20  roads and rights-of-way within the lands annexed by the City

21  of Parkland will be transferred to the jurisdiction of that

22  municipality.

23         Section 6.  On the effective date of this act, Broward

24  County shall be responsible for and embodied with all powers

25  granted pursuant to the State Constitution, Florida Statutes,

26  and Broward County Charter over the territory transferred to

27  Broward County under s. 7.06, Florida Statutes, as amended by

28  this act.

29         Section 7.  On the effective date of this act, the City

30  of Parkland shall be responsible for and embodied with all

31  municipal powers granted in chapter 166, Florida Statutes, and

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    Florida Senate - 2007                           CS for SB 2752
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 1  as otherwise provided by law, over territory annexed, as

 2  described in section 3.

 3         Section 8.  Nothing in this act shall be construed to

 4  affect or abrogate the rights of parties to any contracts,

 5  which contracts are in effect prior to the effective date of

 6  this act.

 7         Section 9.  For the purpose of this act, the procedures

 8  set forth in chapters 96-542 and 99-447, Laws of Florida, are

 9  hereby superseded.

10         Section 10.  Palm Beach County and Broward County shall

11  be responsible for the public debt relating to the transferred

12  property as required by s. 1, Art. VIII of the State

13  Constitution. These counties shall execute an interlocal

14  agreement no later than September 30, 2007, agreeing to the

15  payment or apportionment of any such debt.

16         Section 11.  The provisions of this act shall be

17  severable, and if any provision is held invalid by a court of

18  competent jurisdiction, the decision of the court shall not

19  affect the validity of the remaining provisions except to the

20  extent that an entire section or part of a section may be

21  inseparably connected in meaning and effect with the section

22  or part of a section to which such holding directly applies.

23         Section 12.  This act shall take effect upon the latter

24  of the date a final order is issued by the Department of

25  Community Affairs, finding the Comprehensive Plan Map

26  Amendment transmitted by Palm Beach County titled University

27  Drive & Riverside Drive TIM & 2020 Map Amendment (DCA No.

28  07-01) to be in compliance with s. 163.3184, Florida Statutes,

29  or the date a final order is issued by the Administration

30  Commission finding the amendment to be in compliance with s.

31  163.3184, Florida Statutes, or the date on which the roadway

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    Florida Senate - 2007                           CS for SB 2752
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 1  rights-of-way designated in this act are abandoned by Palm

 2  Beach County and all appeal periods relating to such

 3  abandonment have expired or, if an appeal is filed, a final

 4  order confirming the abandonment is issued by a court of

 5  competent jurisdiction. The publication by the Department of

 6  Community Affairs of a notice of intent to find Palm Beach

 7  County Comprehensive Plan Map Amendment No. 07-01 in

 8  compliance with s. 163.3184, Florida Statutes, shall be deemed

 9  to be a final order if no timely petition is filed challenging

10  the amendment.

11  

12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                         Senate Bill 2752

14                                 

15  Provides that the City of Parkland will annex some of the
    lands being transferred from Palm Beach County to Broward
16  County.

17  Supersedes laws relating to the annexation of unincorporated
    land in Broward County.
18  
    Provides an effective date on the earlier of:
19  
    1.   the date of the final order by DCA finding the specified
20       plan amendment to be in compliance with s. 163.3184, F.S.

21  2.   issuance of a final order by the Administration
         Commission finding the plan amendment in compliance with
22       s. 163.3184, F.S.

23  3.   abandonment by Palm Beach County of the road
         rights-of-way identified in the bill and expiration of
24       any appeal of tha abandonment.

25  

26  

27  

28  

29  

30  

31  

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