CS/HB 1039

1	A bill to be entitled
2	An act relating to Alachua County; amending chapter 90-
3	496, Laws of Florida, as amended; providing that the
4	Alachua County Boundary Adjustment Act shall be the sole
5	method of annexation or contraction for municipalities in
6	the county; revising definitions; revising provisions
7	relating to the initial establishment of reserve areas;
8	revising criteria for reserve area designation; revising
9	procedures for review and amendment of reserve area
10	designations and statements; revising procedures for
11	annexation by referendum and voluntary annexation;
12	providing for appeal of annexation or contraction to the
13	circuit court; revising provisions relating to
14	prerequisites to annexation; revising contraction
15	procedures; providing legislative intent with respect to
16	the elimination of enclaves; authorizing municipalities to
17	annex enclaves by interlocal agreement or voter-approved
18	ordinance; requiring certain notice to property owners
19	regarding approval or rejection of an interlocal
20	agreement; providing an effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  Chapter 90-496, Laws of Florida, as amended by
25	chapters 91-382 and 93-347, Laws of Florida, is amended to read:
26	Section 1.  Short title.--This act shall be known and may
27	be cited as the "Alachua County Boundary Adjustment Act."
28	Section 2.  Purpose.--The purposes of this act are to set
29	forth procedures for establishing municipal reserve areas and
30	for adjusting the boundaries of municipalities through
31	annexations or contractions of corporate limits and to set forth
32	criteria for determining when annexations or contractions may
33	take place so as to:
34	(1)  Ensure sound urban development and accommodation to
35	growth.
36	(2)  Ensure the efficient provision of urban services to
37	areas that become urban in character.
38	(3)  Ensure that areas are not annexed unless municipal
39	services can be provided to those areas.
40	(4)  Promote cooperation between municipalities and Alachua
41	County regarding the provision of services and the regulation of
42	urban areas at the boundaries of municipalities.
43	(5)  Assure that the procedures relating to annexation
44	protect all parties affected.
45	(6)  Encourage development in designated reserve areas that
46	efficiently utilize services and prevent urban sprawl.
47	Section 3.  Supplemental; Effect of other laws.--This act
48	shall be the sole method of annexation or contraction for a
49	municipality in Alachua County. The provisions of this act are
50	supplemental and in addition to any general or special law
51	relating to municipal annexation or contraction. However, when
52	the reserve area designations and statements of a municipality
53	become effective, this act shall be the sole method of
54	annexation or contraction for that municipality. Notwithstanding
55	any other provision of law, land may not be annexed by voluntary
56	annexation under section 10 or section 171.044, Florida
57	Statutes, from April 30, 1991, through July 31, 1991, in order
58	to permit the orderly establishment of reserve areas under
59	section 5.
60	Section 4.  Definitions.--As used in this act, the
61	following words and terms have the following meanings unless
62	some other meaning is plainly indicated:
63	(1)  "Annexation" means the adding of real property to the
64	boundaries of an incorporated municipality, such addition making
65	such real property in every way a part of the municipality.
66	(2)  "Compactness" means concentration of a piece of
67	property in a single area and precludes any action which would
68	create enclaves, pockets, or finger areas in serpentine
69	patterns. Any annexation proceeding in the county shall be
70	designed in such a manner as to ensure that the area will be
71	reasonably compact.
72	(3)  "Comprehensive plan" means the local comprehensive
73	plan adopted by the county or a municipality pursuant to chapter
74	163, Florida Statutes.
75	(4)  "Contiguous" means that a substantial part of a
76	boundary of the territory sought to be annexed by a municipality
77	is coterminous with a part of the boundary of the municipality.
78	The separation of the territory sought to be annexed from the
79	annexing municipality by a publicly owned property county park;
80	a right-of-way for a highway, road, railroad, canal, or utility;
81	or a body of water, watercourse, or other minor geographical
82	division of a similar nature, running parallel with and between
83	the territory sought to be annexed and the annexing
84	municipality, shall not prevent annexation under this act,
85	provided the presence of such a division does not, as a
86	practical matter, prevent the territory sought to be annexed and
87	the annexing municipality from becoming a unified whole with
88	respect to municipal services or prevent their inhabitants from
89	fully associating and trading with each other, socially and
90	economically. However, nothing herein shall be construed to
91	allow local rights-of-way, utility easements, railroad rights-
92	of-way, or like entities to be annexed in a corridor fashion to
93	gain contiguity.
94	(5)  "Contraction" means the reversion of real property
95	within municipal boundaries to an unincorporated status.
96	(6)  "County" means Alachua County.
97	(7)  "Enclave" means:
98	(a)  Any unincorporated area which is totally enclosed
99	within and bounded on all sides by a single municipality;
100	(b)  Any unincorporated area which is totally enclosed
101	within and bounded by a single municipality and a natural or
102	manmade obstacle which prohibits the passage of vehicular
103	traffic to that unincorporated area unless the traffic passes
104	through the municipality; or
105	(c)  An unincorporated area which is totally enclosed
106	within and bounded by more than one municipality, or more than
107	one municipality and a natural or manmade obstacle which
108	prohibits the passage of vehicular traffic unless the traffic
109	passes through one or more of the municipalities.
110	(8)  "Most populous municipality" means the municipality
111	having the highest population, according to the latest
112	population census determination of the Executive Office of the
113	Governor, made pursuant to s. 186.901, Florida Statutes, and
114	prior to the deadline imposed by this act for the submission of
115	the designation of proposed reserve areas.
116	(8)(9)  "Municipality" means a municipality created
117	pursuant to general or special law authorized or recognized
118	pursuant to s. 2, Art. VIII of the State Constitution and
119	located in Alachua County.
120	(9)(10)  "Newspaper of general circulation" means a
121	newspaper printed in the language most commonly spoken in the
122	area within which it circulates, which is readily available for
123	purchase by all inhabitants in its area of circulation, but does
124	not include a newspaper intended primarily for members of a
125	particular professional or occupational group, a newspaper whose
126	primary function is to carry legal notices, or a newspaper that
127	is given away primarily to distribute advertising.
128	(10)(11)  "Parties affected" means:
129	(a)  any persons or firms owning property in, or residing
130	within the in, a municipality which is proposing annexation or
131	contraction or within the area proposed for annexation or
132	contraction, or any governmental unit with jurisdiction over
133	such area which has annexed or contracted;
134	(b)  Any persons or firms owning property or residing in an
135	area which is proposed for annexation to a municipality, which
136	has been annexed, which is proposed to be removed from the
137	municipality by contraction, or which has been removed from the
138	municipality by contraction;
139	(c)  Any persons or firms owning property or residing in an
140	area which will be in an enclave if a municipality annexes it as
141	proposed, or which is in an enclave as a result of an
142	annexation; or
143	(d)  Any governmental unit, including the regional planning
144	agency, with jurisdiction over an area which is proposed to be
145	annexed, which has been annexed, which is proposed to be removed
146	from the municipality by contraction, or which has been removed
147	from the municipality by contraction.
148	(11)(12)  "Public notice" means publication of the time and
149	place of the hearing, including a short description of the
150	proposed action, at least once a week for the 2 consecutive
151	weeks immediately preceding the date of the hearing in a
152	newspaper of general circulation in the county.
153	(12)(13)  "Qualified voter" means any person registered to
154	vote in accordance with law.
155	(13)(14)  "Regional planning agency" means the North
156	Central Florida Regional Planning Council established pursuant
157	to chapter 186, Florida Statutes.
158	(14)(15)  "Reserve area" means an area designated pursuant
159	to section 7 5 of this act or as otherwise designated by special
160	act as an area reserved for annexation by a municipality
161	pursuant to the procedures set forth in this act.
162	(15)(16)  "Sufficiency of petition" means the verification
163	of the signatures and addresses of all signers of a petition
164	with the voting list maintained by the county supervisor of
165	elections and certification that the number of valid signatures
166	represents the required percentage of the total number of
167	qualified voters in the area affected by a proposed annexation.
168	(16)(17)  "Urban in character" means an area used for
169	residential, urban recreational or conservation parklands,
170	commercial, industrial, institutional, or governmental purposes
171	or an area undergoing development for any of these purposes,
172	including any parcels of land retained in their natural state or
173	kept free of development as greenbelt areas.
174	(17)(18)  "Urban purposes" means that land is used
175	intensively for residential, commercial, industrial,
176	institutional, and governmental purposes, including any parcels
177	of land retained in their natural state or kept free of
178	development as greenbelt areas.
179	(18)(19)  "Urban services" means any services, other than
180	electric utility services, provided by a municipality or the
181	county on substantially the same basis and in the same manner,
182	either directly or by contract, to its present residents.
183	Section 5.  Establishment of reserve areas.--As of the
184	effective date of this act, reserve areas established by the
185	county commission that became effective on March 13, 2006, shall
186	remain in effect until amended as provided in this act.
187	(1)  Not later than January 31, 1991, the county and each
188	municipality shall give public notice and shall hold a hearing
189	on the designation of reserve areas.
190	(2)  Not more than 90 days after each hearing, the
191	municipality shall designate, on a map or maps, a proposed
192	reserve area or reserve areas for itself, and the county shall
193	designate, on a map or maps, proposed reserve areas for each of
194	the municipalities within its boundaries. Such proposed reserve
195	areas shall meet the criteria specified in section 6.
196	(3)  The county shall also adopt a statement identifying
197	any services, such as police, fire protection, solid waste
198	disposal, potable water, sanitary sewer, drainage or flood
199	control, parks and recreation, housing, street lighting,
200	transportation, and other services, which are provided by the
201	county to residents of its proposed reserve areas; any capital
202	facilities being used to provide such services in the proposed
203	reserve areas; and any plans it has to provide additional
204	services or to provide services other than electric utility
205	services to additional areas within its proposed reserve areas.
206	The county shall also include in the statement an identification
207	of the land uses and densities and intensities which are
208	permitted in the proposed reserve areas by the county's
209	comprehensive plan. The county shall also include in its
210	statement its position regarding the requirements of paragraphs
211	(7)(a), (b), (c), and (d).
212	(4)  Each municipality shall also adopt a statement
213	identifying any services, such as police, fire protection, solid
214	waste disposal, potable water, sanitary sewer, drainage or flood
215	control, parks and recreation, housing, street lighting,
216	transportation, and other services, which are provided by the
217	municipality to residents of the municipality's proposed reserve
218	area or areas; any capital facilities being used to provide such
219	services in the proposed reserve area or areas; and any plans
220	the municipality has to provide such additional services other
221	than electric utility services or to provide services to
222	additional areas within its proposed reserve area or areas. Each
223	municipality shall also include in the statement an
224	identification of the land uses and densities and intensities of
225	development it deems most appropriate for its proposed reserve
226	area or areas. The municipality shall also include in its
227	statement its position regarding the requirements of paragraphs
228	(7)(a), (b), (c), and (d).
229	(5)(a)  Not later than 7 days after the deadline for
230	designation of proposed reserve areas, the county and each
231	municipality shall submit a copy of the map or maps of its
232	proposed reserve area or areas and the statements required by
233	subsections (3) and (4) to the other municipalities within the
234	county in which such municipality lies and each municipality
235	shall make the same submission to the county.
236	(b)  If a municipality or the county fails to submit its
237	proposed reserve area designation and the required accompanying
238	statement within 7 days after the deadline for designation as
239	required by this subsection, it waives all rights to participate
240	in any proceedings conducted under this section for 5 years. No
241	reserve area shall be designated for a municipality which fails
242	to submit its proposed reserve area designation and the required
243	accompanying statement as required by this subsection.
244	Accordingly, the county, or the most populous municipality which
245	is eligible to perform the duties required by this section, is
246	prohibited from designating a reserve area for a municipality
247	which fails to submit its proposed reserve area designation and
248	the required accompanying statement as required by this
249	subsection.
250	(6)  The municipalities within the county and the county
251	itself shall attempt, through informal negotiation or mediation,
252	assisted, upon request, by the Regional Planning Council or
253	other mediator mutually acceptable to the county and the
254	municipality or municipalities negotiating with the county, to
255	eliminate any conflicts or overlaps in the proposed reserve area
256	designations, and the positions of the county and the
257	municipalities within the county with regard to the statements
258	required by paragraphs (7)(a), (b), (c), and (d). Such
259	negotiations shall be completed not later than 120 days
260	following the deadline for designation of proposed reserve
261	areas.
262	(7)  After the informal negotiation, but not more than 90
263	days after the end of the 120-day period permitted for
264	negotiation pursuant to subsection (6), the county shall adopt a
265	final reserve area designation for each of the municipalities
266	within its boundaries and shall submit copies of such
267	designation to each municipality within its boundaries. The
268	county shall also adopt a statement for each reserve area
269	stating:
270	(a)  Whether the comprehensive plan and land use
271	regulations of the county or the municipality for which the
272	reserve area is designated shall apply prior to its being
273	annexed.
274	(b)  Whether the municipality or the county shall enforce
275	and administer the comprehensive plan and how proceeds from
276	fines and fees charged pursuant to such enforcement will be
277	distributed.
278	(c)  Which services identified pursuant to this section the
279	county shall provide and which services the municipality shall
280	provide in the reserve area, both before and after annexation,
281	and how these services will be financed.
282	(d)  Any other matters related to the reserve area
283	designation on which there is agreement.
284
285	Such statements shall include only statements on which there is
286	agreement between the county and the municipality for which the
287	reserve area has been designated. Prior to adopting the
288	designation and statements pursuant to this subsection, the
289	county shall give public notice and shall hold a public hearing.
290	The designations of reserve areas made by the county pursuant to
291	this subsection shall be limited to resolving any remaining
292	areas of overlap and conflict in the initial designations made
293	pursuant to subsections (1), (2), (3), and (4) and shall
294	incorporate agreements made pursuant to the informal
295	negotiations. The reserve areas designated by the county under
296	this subsection shall be the reserve areas for the
297	municipalities unless a municipality or affected person
298	challenges the designation of a reserve area pursuant to
299	subsection (8). The county shall submit copies of the final
300	designations and statements to each municipality which has not
301	waived its rights to participate in proceedings under this
302	section. If the county has failed to submit a reserve area
303	designation and statements as required under subsection (5), the
304	most populous municipality therein which has submitted a reserve
305	area designation and statements as required under subsection (5)
306	shall perform the duties of the county pursuant to this
307	subsection. If the county did designate a reserve area and
308	submitted statements as required under subsection (5) but fails
309	to perform the duties required by this subsection, the most
310	populous municipality therein which is eligible to perform the
311	duties required by this subsection shall perform such duties and
312	the county shall have waived its rights to participate in any
313	proceedings conducted under this section for 5 years. Any
314	municipality failing to perform its duties as required hereunder
315	shall have waived its rights to participate in any proceedings
316	conducted under this section, and its right to have a reserve
317	area designated for it, for 5 years. Failure of the county to
318	adopt the final reserve area designations for each of the
319	municipalities as required by this subsection shall extend the
320	90-day time limit for an additional 90 days for the next
321	succeeding most populous municipality.
322	(8)  Within 60 days after the adoption of the county's
323	designation and statements pursuant to subsection (7), any
324	municipality which has not waived its rights to participate in
325	proceedings conducted under this section, may agree to binding
326	arbitration pursuant to chapter 682 F.S. or any such
327	municipality or any affected person, may file a petition with
328	the Division of Administrative Hearings challenging the final
329	designation of the county developed pursuant to subsection (7)
330	and proposing changes in the designation. The county shall, for
331	purposes of such challenge, be considered a state agency. A
332	challenge by a municipality shall be limited to those parts of
333	the designation which affect the challenging municipality. All
334	challenges shall be based on allegations that the designation
335	does not meet the standards of section 6. Within 10 days after
336	receiving such a petition, the division shall assign a hearing
337	officer and open a docket. For purposes of this section, an
338	"affected person" is limited to a person or firm residing in or
339	owning property within a reserve area or within a municipality
340	for which a reserve area has been designated; however, in
341	proceedings conducted under this section, an affected person may
342	only challenge the reserve area in which he resides or owns
343	property or the reserve area of the municipality in which he
344	resides. The final designation and statement adopted by the
345	county shall be effective 61 days after its adoption, unless
346	such designation is challenged by the filing of a petition
347	pursuant to this subsection, in which case the designation shall
348	be effective on the latter of the 61st day after the division's
349	final order.
350	(9)  The hearing officer assigned shall commence the
351	hearing pursuant to s. 120.57, Florida Statutes, no later than
352	120 days after the request for a hearing. The issues to be
353	resolved in the hearing shall be those issues raised in the
354	petition filed pursuant to subsection (8), except that the
355	county and municipalities may not raise issues previously
356	decided by arbitration proceedings pursuant to subsection (8).
357	If the county has not waived its rights to participate, it shall
358	be a party to the hearing, as well as any municipality within
359	the county which has not waived its rights to participate.
360	Municipalities may only raise such issues as are related to
361	their own reserve areas. Any affected person shall be entitled
362	to participate in the hearing as a party and in any subsequent
363	proceedings conducted under this section as a party. The hearing
364	officer may, at his discretion, consolidate all petitions from
365	municipalities and affected persons within the county and hold
366	only one hearing on challenges of the designations from the
367	county.
368	(10)  Within 60 days after the hearing required pursuant to
369	subsection (9), the hearing officer shall issue a final order
370	denying, approving, or approving with modifications, the
371	petition filed pursuant to subsection (8). The hearing officer's
372	final order shall not approve, or approve with modifications, a
373	municipality's petition to alter a reserve area designation
374	unless the hearing officer finds that there is substantial
375	competent evidence showing that the final designation does not
376	meet the criteria set forth in section 6 and that the
377	designation proposed by the petition does meet the criteria.
378	(11)  If the final order approves or approves with
379	modifications any petition made pursuant to subsection (8), the
380	designations adopted pursuant to subsection (7), as modified by
381	the final order of the Division of Administrative Hearings
382	pursuant to this subsection, shall be the designations for the
383	municipalities, and the county and municipalities shall be bound
384	by such designations unless the designations are the subject of
385	an appeal. The final order of the division may be appealed as
386	provided by general law.
387	(12)  Such designations of reserve areas and statements
388	shall, on the effective date of such designations, become
389	effective. Subsequently, the county and municipalities shall
390	amend the intergovernmental coordination elements of the local
391	comprehensive plans adopted pursuant to s. 163.3177(6)(h),
392	Florida Statutes, reflecting such designations. Each
393	municipality and county shall also adopt such plan amendments as
394	will make the other portions of their comprehensive plans
395	consistent with the reserve area designations.
396	(13)  Reserve areas or their designations or both, shall
397	not affect:
398	(a)  Electric utility service areas;
399	(b)  The exclusive jurisdiction of the Florida Public
400	Service Commission over electric utility service areas,
401	territorial agreements, territorial disputes, and the Florida
402	grid; or
403	(c)  The rights and duties of all electric utilities to
404	serve consumers in the state, including areas reserved or
405	annexed hereunder.
406	Section 6.  Criteria for designating reserve
407	areas.--Reserve areas designated for a municipality shall comply
408	with the following criteria:
409	(1)  Reserve areas designated for a municipality shall:
410	(a)  Be adjacent to the municipality and not contain areas
411	outside the county in which the municipality lies, contain areas
412	within the corporate limits of another municipality, or contain
413	areas within another municipality's reserve area.
414	(b)  Be urban in character or likely to become urban in
415	character within the next 10 years.
416	(c)  Be areas in which population growth should be directed
417	so as to promote efficient delivery of urban services, including
418	police, fire protection, solid waste disposal, potable water,
419	sanitary sewer, drainage or flood control, parks and recreation,
420	housing, street lighting, transportation and other services, and
421	to encourage more concentrated urban development.
422	(2)  Reserve areas designated for a municipality shall not:
423	(a)  Contain areas outside the county in which the
424	municipality lies, contain areas within the corporate limits of
425	another municipality, or contain areas within another
426	municipality's reserve area.
427	(a)(b)  Contain areas which could be provided with urban
428	services more efficiently by the county or other municipality.
429	(b)(c)  Contain areas which cannot reasonably be foreseen
430	to be provided with the urban services provided by the
431	municipality within the next 10 years.
432	(c)(d)  Contain areas which the municipality cannot
433	reasonably have the capacity or capital facilities within the
434	next 10 years to provide, at a minimum, the level of services
435	provided by the county to the reserve areas.
436	Section 7.  Procedure for amending reserve area
437	designations and statements.--
438	(1)  Beginning on October 1, 2010, and every 10 years
439	thereafter, each municipality in the county shall review its
440	reserve areas. Within 90 days after the aforesaid October 1,
441	municipalities shall hold public hearings to receive input on
442	potential changes to reserve areas and notify the county, the
443	municipalities, and the regional planning agency whether any
444	change in reserve area is desired and, if so, provide
445	notification containing information in paragraphs (2)(a) and (b)
446	to the county, the municipalities, and the regional planning
447	agency. Every 5 years after the final designation of all of the
448	reserve areas in the county, each municipality in the county
449	shall review its reserve areas and accompanying statements and
450	the county shall review all of the reserve areas and
451	accompanying statements for municipalities within the county.
452	(2)  Based on the review and public hearing results:
453	(a)  Any municipality desiring a change in its reserve area
454	designation shall notify all municipalities in the county and
455	the regional planning agency of the desired changes in its
456	reserve area. The notification shall contain a map or maps of
457	the changes proposed for the reserve area, an explanation as to
458	the reason for the proposed changes, and a statement showing how
459	the proposed area meets criteria specified in section 6.
460	(b)  Each municipality proposing a change to its reserve
461	area shall submit information on any services, such as police,
462	fire protection, solid waste disposal, potable water, sanitary
463	sewer, drainage or flood control, parks and recreation, housing,
464	street lighting, transportation, and other services, which are
465	provided by the municipality or the county and identify who will
466	provide such services to residents of the municipality's
467	proposed addition to its reserve area or areas both before and
468	after annexation and how those services and any related
469	facilities will be financed; any capital facilities being used
470	to provide such services in the proposed expanded reserve area
471	or areas; and any plans the municipality has to provide such
472	additional services other than electric utility services or to
473	provide services to additional areas within the proposed
474	addition to reserve area or areas. Each municipality shall also
475	include an identification of the land uses and densities and
476	intensities of development it deems most appropriate for the
477	proposed addition to the reserve area or areas. The municipality
478	shall also include any other matters related to the reserve area
479	designation that the municipality proposes for agreement.
480	(c)  Municipalities desiring a change in their own reserve
481	areas, the county, and any other municipality affected shall
482	participate in the proceedings. Reasonable extensions of time
483	for initiating and processing proposed amendments to reserve
484	areas may be agreed upon by the municipalities and the county,
485	if the county desires a change in any of the reserve area
486	designations or statements, or if a municipality desires a
487	change in its own reserve area designations and statements, the
488	county shall, within 90 days after the initiation of the review,
489	notify all municipalities in the county and, in the case of a
490	municipality desiring a change, the county. The notice shall
491	include the proposed changes in reserve area designations and
492	statements. The county or municipality shall also notify the
493	regional planning agency of the desired changes in reserve areas
494	and statements.
495	(3)  Municipalities desiring a change in their own reserve
496	areas or statements, the county, and any other municipality
497	affected shall participate in the proceedings required pursuant
498	to section 5, adjusting such proceedings as may be required to
499	accommodate amendments to designations and statements, rather
500	than proposals for them.
501	(3)(4)  Municipalities not desiring to change their
502	designations and statements, and not affected by proposals of
503	other municipalities desiring or by the county's proposals
504	regarding changes, need not participate in proceedings under
505	this section.
506	(4)  The municipalities within the county and the county
507	itself shall attempt, through informal negotiation or mediation,
508	assisted, upon request, by the regional planning council or
509	other mediator mutually acceptable to the county and the
510	municipalities negotiating within the county, to eliminate any
511	conflicts or overlaps in the proposed reserve area
512	designations, and the positions of the county and the
513	municipalities within the county with regard to the statements.
514	Such negotiations shall be completed no later than 120 days
515	after receipt by the county of notification from municipalities
516	of proposed changes to reserve areas that contain any conflicts
517	or overlaps.
518	(5)  After the informal negotiation, but not more than 90
519	days after the end of the 120-day period permitted for
520	negotiation pursuant to subsection (4), the county shall adopt a
521	final reserve area designation for each of the municipalities
522	within its boundaries and shall submit copies of such
523	designation to each municipality within its boundaries. The
524	county may also approve and adopt for each reserve area:
525	(a)  Whether the comprehensive plan and land use
526	regulations of the county or the municipality for which the
527	reserve area is designated shall apply prior to its being
528	annexed.
529	(b)  Whether the municipality or the county shall enforce
530	and administer the comprehensive plan and how proceeds from
531	fines and fees charged pursuant to such enforcement will be
532	distributed.
533	(c)  Which services identified pursuant to this section the
534	county shall provide and which services the municipality shall
535	provide in the reserve area, both before and after annexation,
536	and how these services will be financed.
537	(d)  Any other matter related to the reserve area
538	designation on which there is an agreement.
539	(6)  Prior to adopting the designation and statements
540	pursuant to subsection (5), the county shall give public notice
541	and shall hold a public hearing. The reserve areas designated by
542	the county under subsection (5) shall be the reserve areas for
543	the municipalities unless challenged in accordance with this
544	section.
545	(7)  The county shall submit copies of the final
546	designations and statements to each municipality that has not
547	waived its right to participate in proceedings under this
548	section.
549	(8)  Within 60 days after the adoption of the county's
550	designation pursuant to subsection (5), any municipality that
551	has not waived its right to participate in proceedings conducted
552	under this section may agree to mediation or to binding
553	arbitration pursuant to chapter 682, Florida Statutes, or any
554	such municipality or any person with standing, as described in
555	this subsection, may file a petition with the Division of
556	Administrative Hearings challenging the final designation of the
557	county developed pursuant to subsection (5) and proposing
558	changes in the designation. An agreement for binding arbitration
559	or a petition with the Division of Administrative Hearings does
560	not prohibit the parties' voluntary participation in settlement
561	discussions or mediation. The county shall, for purposes of such
562	challenge, be considered a state agency. A challenge by a
563	municipality shall be limited to those parts of the designation
564	that affect the challenging municipality. All challenges shall
565	be based on allegations that the designation does not meet the
566	criteria set forth in section 6. Within 10 days after receiving
567	such a petition, the division shall assign an administrative law
568	judge and open a docket. For purposes of this section, a person
569	with standing is limited to a person or firm residing in or
570	owning property within a reserve area or within a municipality
571	for which a reserve area has been designated; however, in
572	proceedings conducted under this section, such person may only
573	challenge the reserve area in which he or she resides or owns
574	property or the reserve area of the municipality in which he or
575	she resides or owns property. The final designation adopted by
576	the county shall be effective 61 days after its adoption, unless
577	such designation is challenged by the filing of a petition
578	pursuant to this subsection, in which case the designation shall
579	be effective on the 61st day after the division's final order.
580	(9)  The administrative law judge assigned shall commence
581	the hearing pursuant to section 120.57, Florida Statutes, no
582	later than 120 days after the request for a hearing. The issues
583	to be resolved in the hearing shall be those issues raised in
584	the petition filed pursuant to subsection (8), except that the
585	county and municipalities may not raise issues previously
586	decided by arbitration proceedings pursuant to subsection (8).
587	The county shall be a party to the hearing, as well as any
588	municipality within the county that has not waived its right to
589	participate. Municipalities may only raise such issues as are
590	related to their own reserve areas or reserve areas affecting
591	them. Any affected person shall be entitled to participate in
592	the hearing as a party and in any subsequent proceedings
593	conducted under this section as a party. The administrative law
594	judge may, at his or her discretion, consolidate all petitions
595	from municipalities and affected persons within the county and
596	hold only one hearing on challenges of the designations from the
597	county.
598	(10)  Within 60 days after the hearing required pursuant to
599	subsection (9), the administrative law judge shall issue a final
600	order denying, approving, or approving with modifications the
601	petition filed pursuant to subsection (8). The administrative
602	law judge's final order shall not approve, or approve with
603	modifications, a municipality's petition to alter a reserve area
604	designation unless the administrative law judge finds that there
605	is competent substantial evidence showing that the final
606	designation does not meet the criteria set forth in section 6
607	and that the designation proposed by the petition does meet the
608	criteria.
609	(11)  If the final order approves or approves with
610	modifications any petition made pursuant to subsection (8), the
611	designations adopted pursuant to subsection (5), as modified by
612	the final order of the Division of Administrative Hearings
613	pursuant to this subsection, shall be the designations for the
614	municipalities, and the county and municipalities shall be bound
615	by such designations unless the designations are the subject of
616	an appeal. The final order of the division may be appealed as
617	provided by general law.
618	(12)  Such designations of reserve areas shall, on the
619	effective date of such designations, become effective.
620	Subsequently, the county and municipalities shall amend the
621	intergovernmental coordination elements of the local
622	comprehensive plans adopted pursuant to section 163.3177(6)(h),
623	Florida Statutes, reflecting such designations. Each
624	municipality and county shall also adopt such plan amendments as
625	will make the other portions of their comprehensive plans
626	consistent with the reserve area designations.
627	(5)  Changes in designations and statements shall be made
628	pursuant to this section only when such changes are in
629	accordance with the standards provided in section 6.
630	Section 8.  Annexation by referendum procedures.--Any
631	municipality may annex contiguous, compact, unincorporated
632	territory within its reserve area in the following manner:
633	(1)  An ordinance proposing to annex a contiguous, compact,
634	unincorporated portion of the reserve area shall be adopted by
635	the governing body of the annexing municipality pursuant to the
636	procedure for the adoption of a nonemergency ordinance
637	established by s. 166.041, Florida Statutes. Each such ordinance
638	shall propose only one reasonably compact area to be annexed.
639	(2)  Before the annexation becomes effective, the ordinance
640	shall be submitted to a vote of the registered electors of the
641	area proposed to be annexed. The referendum on annexation shall
642	be called and conducted and the expense thereof paid by the
643	governing body of the annexing municipality.
644	(a)  The referendum on annexation shall be held at the next
645	regularly scheduled election following the final adoption of the
646	ordinance of annexation by the governing body of the annexing
647	municipality or at a special election called for the purpose of
648	holding the referendum. However, the referendum, whether held at
649	a regularly scheduled election or at a special election, shall
650	not be held sooner than 90 days or later than 180 days following
651	the final adoption of the ordinance by the governing body of the
652	annexing municipality.
653	(b)  The governing body of the annexing municipality shall
654	publish notice of the referendum on annexation at least once a
655	week for the 2 consecutive weeks immediately preceding the date
656	of the referendum in a newspaper of general circulation in the
657	area in which the referendum is to be held. The notice shall
658	give the ordinance number, the time and places for the
659	referendum, and a brief, general description of the area
660	proposed to be annexed. The description shall include a map
661	clearly showing the area, including major street names as a
662	means of identifying the area, and a statement that the complete
663	legal description by metes and bounds and the ordinance can be
664	obtained from the office of the city clerk.
665	(c)  On the day of the referendum on annexation there shall
666	be prominently displayed at each polling place a copy of the
667	ordinance of annexation and a description of the property
668	proposed to be annexed. The description shall include a map
669	clearly showing the area, including major street names as a
670	means of identifying the area.
671	(d)  Ballots or mechanical voting devices used in the
672	referendum on annexation shall offer the choice "For annexation
673	of property described in ordinance number ..... of the City of
674	....." and "Against annexation of property described in
675	ordinance number ..... of the City of .....,", in that order.
676	(e)  If there is a majority vote for annexation in the area
677	proposed to be annexed, the ordinance of annexation shall become
678	effective on the effective date specified therein, but not more
679	than 1 year after the date of the referendum. If there is a tie
680	vote or a majority vote against annexation in the area proposed
681	to be annexed, the ordinance shall not become effective, and the
682	area proposed to be annexed shall not be the subject of an
683	annexation ordinance by the annexing municipality for a period
684	of 2 years from the date of the referendum on annexation. This
685	provision shall not effect voluntary annexation.
686	(3)  Any improved parcel of land which is owned by one
687	individual, corporation, or legal entity, or owned collectively
688	by one or more individuals, corporations, or legal entities,
689	proposed to be annexed under the provisions of this act shall
690	not be severed, separated, divided, or partitioned by the
691	provisions of the ordinance, but shall, if intended to be
692	annexed, or if annexed, under the provisions of this act, be
693	annexed in its entirety and as a whole. However, this subsection
694	does not apply to any parcel of property which lies only
695	partially within the reserve area of a single municipality or
696	does not meet the requirement of annexation. The owner of the
697	property may waive the requirements of this subsection if the
698	owner does not desire all of his or her tract or parcel included
699	in said annexation.
700	Section 9.  Character of the area to be annexed.--
701	(1)  A municipal governing body may propose to annex an
702	area only if it meets the general standards of paragraph (a) and
703	the requirements of either paragraph (b) or paragraph (c).
704	(a)  The total area to be annexed must be contiguous to the
705	municipality's boundaries at the time the annexation proceeding
706	is begun and reasonably compact, and no part of the area shall
707	be included within the boundary of another county or another
708	incorporated municipality. No portion of the area to be annexed
709	may be outside the reserve area of the annexing municipality. An
710	annexation shall not create an enclave.
711	(b)  Part or all of the area to be annexed must be
712	developed for urban purposes. An area developed for urban
713	purposes is defined as any area which meets any one of the
714	following standards:
715	1.  It has a total resident population equal to at least
716	two persons for each acre of land included within its
717	boundaries;
718	2.  It has a total resident population equal to at least
719	one person for each acre of land included within its boundaries
720	and is subdivided into lots and tracts so that at least 60
721	percent of the total number of lots and tracts are 1 acre or
722	less in size; or
723	3.  It is so developed that at least 60 percent of the
724	total number of lots and tracts in the area at the time of
725	annexation are used for urban purposes, and it is subdivided
726	into lots and tracts so that at least 60 percent of the total
727	acreage, not counting the acreage used at the time of annexation
728	for nonresidential urban purposes, consists of lots and tracts 5
729	acres or less in size.
730	(c)  In addition to the area developed for urban purposes,
731	a municipal governing body may include in the area to be annexed
732	any area which does not meet the requirements of paragraph (b)
733	if such area either:
734	1.  Lies between the municipal boundary and an area
735	developed for urban purposes, so that the area developed for
736	urban purposes is either not adjacent to the municipal boundary
737	or cannot be served by the municipality without extending
738	services or water or sewer lines through such sparsely developed
739	area; or
740	2.  Is adjacent to, on at least 60 percent of its external
741	boundary, any combination of the municipal boundary and the
742	boundary of an area or areas developed for urban purposes as
743	defined in paragraph (b).
744	(2)  The purpose of this section is to permit municipal
745	governing bodies to extend corporate limits to include all
746	reserve areas developed for urban purposes and, where necessary,
747	to include areas which at the time of annexation are not yet
748	developed for urban purposes, the future probable use of which
749	is urban and which constitute necessary land connections between
750	the municipality and areas developed for urban purposes or
751	between two or more areas developed for urban purposes.
752	(3)  This section does not apply to voluntary annexations
753	under section 10.
754	Section 10.  Voluntary annexation.--
755	(1)  The owner or owners of real property in an
756	unincorporated area of the a county which is contiguous to a
757	municipality, reasonably compact, and a part of the
758	municipality's reserve area may petition the governing body of
759	said municipality that said property be annexed to the
760	municipality.
761	(2)  At least 60 days before a municipality adopts an
762	ordinance effecting a voluntary annexation pursuant to this
763	section or section 171.044, Florida Statutes, the municipality
764	shall give the owner or owners of the real property proposed to
765	be annexed the report adopted by ordinance as provided in
766	section 12 13. Within 20 days after the owner or owners receive
767	the report, the owner or owners may withdraw their petition. If
768	the owner or owners do not withdraw their petition, the
769	municipality may proceed with the annexation.
770	(3)  Upon determination by the governing body of the
771	municipality that the petition bears the signatures of all
772	owners of property in the area proposed to be annexed, the
773	governing body may, at any regular meeting, adopt a nonemergency
774	ordinance to annex said property and redefine the boundary lines
775	of the municipality to include said property. Said ordinance
776	shall be passed after notice of the voluntary annexation,
777	including a map clearly showing the area to be annexed,
778	including major street names as a means of identifying such
779	area, has been published at least once each a week for 2
780	consecutive weeks in some newspaper in such city or town or, if
781	no newspaper is published in said city or town, then in a
782	newspaper published in the same county; and if no newspaper is
783	published in said county, then at least three printed copies of
784	said notice shall be posted for 4 2 consecutive weeks at some
785	conspicuous place in said city or town. The notice shall give
786	the ordinance number and a brief, general description of the
787	area proposed to be annexed. The description shall include a map
788	clearly showing the area and a statement that the complete legal
789	description by metes and bounds and the ordinance can be
790	obtained from the office of the city clerk.
791	(4)  An ordinance adopted under this section hereunder
792	shall be filed with the clerk of the circuit court, with the
793	chief administrative officer of the county, and with the
794	Department of State within 7 days after the adoption of such
795	ordinance. The ordinance must include a map that clearly shows
796	the annexed area and a complete legal description of that area.
797	The complete legal description shall include a statement that
798	the complete legal description and the ordinance can be obtained
799	from the office of the city clerk.
800	(5)  Land shall not be annexed through voluntary annexation
801	when such annexation results in the creation of enclaves.
802	Section 11.  Appeal of annexation or contraction.--Any
803	party affected, as defined in this act, who believes that he or
804	she will suffer material injury by reason of an annexation or
805	contraction may file a petition for writ of certiorari in
806	circuit court within 30 days after the passage of an annexation
807	or contraction ordinance. Appeal of annexation or contraction
808	shall be as provided by general law.
809	Section 1213.  Prerequisites to annexation.--
810	(1)  Prior to commencing the annexation procedures under
811	section 8, the governing body of the municipality shall prepare
812	a report that includes a map or maps of the municipality and
813	adjacent territory showing the present and proposed municipal
814	boundaries and that sets setting forth the plans to provide
815	urban services to any area to be annexed, which may and the
816	report shall include the following:
817	(a)  A map or maps of the municipality and adjacent
818	territory showing the present and proposed municipal boundaries,
819	The present major trunk water mains and sewer interceptors and
820	outfalls, the proposed extensions of such mains and outfalls, as
821	required in paragraph (d) (c), and the future general land use
822	plan pattern in the area to be annexed.
823	(b)  For annexation under section 8, a statement certifying
824	that the area to be annexed meets the criteria in section 9.
825	(c)  A statement as For a voluntary annexation under
826	section 10 or section 171.044, Florida Statutes, the report
827	shall state: to what extent services to existing residents would
828	need to be reduced within the next 5 years because of the
829	annexation and; to what extent taxes would need to be adjusted
830	within the next 5 years to provide services to the areas to be
831	annexed, including services required by the comprehensive plan
832	of the municipality; and to what extent the area to be annexed
833	meets the criteria in section 9.
834	(d)(c)  A statement setting forth the plans of the
835	municipality for extending to the area to be annexed each major
836	municipal service performed within the municipality at the time
837	of annexation, such as those described in paragraph (2)(b)
838	subsection (4) of section 7 5. Specifically, such plans shall:
839	1.  Provide for extending urban services except as
840	otherwise provided herein to the area to be annexed on the date
841	of annexation on substantially the same basis and in the same
842	manner as such services are provided within the rest of the
843	municipality prior to annexation.
844	2.  Provide for the extension of existing municipal water
845	and sewer services into the area to be annexed so that, when
846	such services are provided, property owners in the area to be
847	annexed will be able to secure public water and sewer service
848	according to the policies in effect in such municipality for
849	extending water and sewer lines to individual lots or
850	subdivisions.
851	3.  If extension of major trunk water mains and sewer mains
852	into the area to be annexed is necessary, set forth a proposed
853	timetable for construction of such mains as soon as possible
854	following the effective date of annexation.
855	4.  Set forth the method under which the municipality plans
856	to finance extension of services into the area to be annexed.
857	(2)  Prior to commencing the annexation procedures under
858	section 8 or section 10(3), The governing body of the
859	municipality shall approve adopt the report by a nonemergency
860	ordinance and file a copy of the report required by this section
861	with the board of county commissioners of the county for
862	informational purposes at least 60 days before a municipality
863	adopts an ordinance effecting a voluntary annexation. For
864	annexation by referendum, not less than 30 days prior to
865	commencing the annexation under section 8, the governing body of
866	the municipality shall file a copy of the report required by
867	this section with the county.
868	Section 1314.  Contraction procedures.--Any municipality
869	may initiate the contraction of municipal boundaries in the
870	following manner:
871	(1)  The governing body shall by ordinance propose the
872	contraction of municipal boundaries, as described in the
873	ordinance, and provide an effective date for the contraction.
874	(2)  A petition of 15 percent of the qualified voters in an
875	area desiring to be excluded from the municipal boundaries,
876	filed with the clerk of the municipal governing body, may
877	propose such an ordinance. The municipality to which such
878	petition is directed shall immediately undertake a study of the
879	feasibility of such proposal and shall, within 6 months, either
880	initiate proceedings under subsection (1) or reject the
881	petition, specifically stating the facts upon which the
882	rejection is based.
883	(3)  After introduction, the contraction ordinance shall be
884	noticed at least once per week for 4 successive weeks in a
885	newspaper of general circulation in the municipality, such
886	notice to describe the area to be excluded. Such description
887	shall include a statement of findings to show that the area to
888	be excluded fails to meet the criteria of section 9, set the
889	time and place of the meeting at which the ordinance will be
890	considered, and advise that all parties affected may be heard.
891	(4)  If, at the meeting held for such purpose, a petition
892	is filed and signed by at least 15 percent of the qualified
893	voters residing resident in the area proposed for contraction
894	requesting a referendum on the question, the governing body
895	shall, upon verification, paid for by the municipality, of the
896	sufficiency of the petition, and before passing such ordinance,
897	submit the question of contraction to a vote of the qualified
898	voters of the area proposed for contraction, or the governing
899	body may vote not to contract the municipal boundaries.
900	(5)  The governing body may also call for a referendum on
901	the question of contraction on its own volition and in the
902	absence of a petition requesting a referendum.
903	(6)  The referendum, if required, shall be held at the next
904	regularly scheduled election, or, if approved by a majority of
905	the municipal governing body, at a special election held prior
906	to such election, but no sooner than 30 days after verification
907	of the petition or passage of the resolution or ordinance
908	calling for the referendum.
909	(7)  The municipal governing body shall establish the date
910	of election and publish notice of the referendum election at
911	least once a week for the 4 successive weeks immediately prior
912	to the election in a newspaper of general circulation in the
913	area proposed to be excluded or in the municipality. Such notice
914	shall give the time and places for the election, and a legal
915	description of the area to be excluded, which shall be both in
916	metes and bounds and in the form of a map clearly showing the
917	area proposed to be excluded.
918	(8)  Ballots or mechanical voting devices shall offer the
919	choices "For deannexation" and "Against deannexation,", in that
920	order.
921	(9)  A majority vote "For deannexation" shall cause the
922	area proposed for exclusion to be so excluded upon the effective
923	date set in the contraction ordinance.
924	(10)  A tie vote or a majority vote "Against deannexation"
925	shall prevent any part of the area proposed for exclusion from
926	being the subject of a contraction ordinance for a period of 2
927	years from the date of the referendum election.
928	Section 1415.  Criteria for contraction of municipal
929	boundaries.--
930	(1)  Only those areas which do not meet the criteria for
931	annexation in section 9 may be proposed for exclusion by
932	municipal governing bodies. If the area proposed to be excluded
933	does not meet the criteria of section 9, but such exclusion
934	would result in a portion of the municipality becoming
935	noncontiguous with the rest of the municipality, then such
936	exclusion shall not be allowed.
937	(2)  The ordinance shall make provision for apportionment
938	of any prior existing debt and property.
939	Section 1516.  The provisions of sections 171.061, 171.062,
940	and 171.091, Florida Statutes, shall apply to any annexations or
941	contractions in the county.
942	Section 16.  Annexation of enclaves.--
943	(1)  The Legislature recognizes that enclaves can create
944	significant problems in planning, growth management, and service
945	delivery and therefore declares that it is the policy of the
946	state to eliminate enclaves.
947	(2)  In order to expedite the annexation of enclaves into
948	the most appropriate incorporated jurisdiction, based upon
949	existing or proposed service provision arrangements, a
950	municipality may:
951	(a)  Annex an enclave by interlocal agreement with the
952	county having jurisdiction of the enclaves; or
953	(b)  Annex an enclave by municipal ordinance when the
954	annexation is approved in a referendum submitted to the
955	registered voters of the area proposed for annexation that is
956	conducted in accordance with section 8.
957	(3)  The municipality requesting that the county sign an
958	interlocal agreement pursuant to this section shall provide all
959	property owners in the area to be annexed written notice of the
960	date, time, and location of the municipality and county action
961	to approve or reject the proposed interlocal agreement.
962	Section 2.  This act shall take effect upon becoming a law.

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