| 1 | A bill to be entitled |
| 2 | An act relating to municipal annexation; amending s. |
| 3 | 171.0413, F.S.; excluding state-owned lands when |
| 4 | determining certain required thresholds for land ownership |
| 5 | and landowners' consent to annexation; providing an |
| 6 | effective date. |
| 7 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
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| 10 | Section 1. Subsections (5) and (6) of section 171.0413, |
| 11 | Florida Statutes, are amended to read: |
| 12 | 171.0413 Annexation procedures.--Any municipality may |
| 13 | annex contiguous, compact, unincorporated territory in the |
| 14 | following manner: |
| 15 | (5) If more than 70 percent of the land in an area |
| 16 | proposed to be annexed is owned by individuals, corporations, or |
| 17 | legal entities which are not registered electors of such area, |
| 18 | such area shall not be annexed unless the owners of more than 50 |
| 19 | percent of the land in such area consent to such annexation. |
| 20 | Such consent shall be obtained by the parties proposing the |
| 21 | annexation prior to the referendum to be held on the annexation. |
| 22 | In a county that has a population greater than 500,000, that |
| 23 | contains more than 20 municipalities, and that contains at least |
| 24 | one municipality having a population greater than 250,000, |
| 25 | state-owned lands may not be included for purposes of |
| 26 | determining whether: |
| 27 | (a) More than 70 percent of the property to be annexed is |
| 28 | not owned by registered electors; and |
| 29 | (b) The owners of more than 50 percent of the land in the |
| 30 | area proposed to be annexed consent to annexation. |
| 31 | (6) Notwithstanding subsections (1) and (2), if the area |
| 32 | proposed to be annexed does not have any registered electors on |
| 33 | the date the ordinance is finally adopted, a vote of electors of |
| 34 | the area proposed to be annexed is not required. In addition to |
| 35 | the requirements of subsection (5), the area may not be annexed |
| 36 | unless the owners of more than 50 percent of the parcels of land |
| 37 | in the area proposed to be annexed consent to the annexation. If |
| 38 | the governing body does not choose to hold a referendum of the |
| 39 | annexing municipality pursuant to subsection (2), then the |
| 40 | property owner consents required pursuant to subsection (5) |
| 41 | shall be obtained by the parties proposing the annexation prior |
| 42 | to the final adoption of the ordinance, and the annexation |
| 43 | ordinance shall be effective upon becoming a law or as otherwise |
| 44 | provided in the ordinance. The consent requirements in this |
| 45 | subsection do not include consent with respect to state-owned |
| 46 | land in a county that has a population greater than 500,000, |
| 47 | that contains more than 20 municipalities, and that contains at |
| 48 | least one municipality having a population greater than 250,000. |
| 49 | Section 2. This act shall take effect July 1, 2007. |