Florida Senate - 2018                                    SB 1722
       
       
        
       By Senator Torres
       
       
       
       
       
       15-01679A-18                                          20181722__
    1                        A bill to be entitled                      
    2         An act relating to annexation of property; amending s.
    3         171.031, F.S.; revising the definition of the term
    4         “enclave”; amending s. 171.0413, F.S.; prohibiting an
    5         area from being annexed if more than a specified
    6         percent of the land in the area is owned by
    7         individuals, corporations, or legal entities, unless
    8         the owners of more than a specified percent of the
    9         land in the area consent to such annexation;
   10         specifying conditions under which a vote of the
   11         electors of the area proposed to be annexed is not
   12         required; specifying the method by which property
   13         owner consent must be obtained if the governing body
   14         of an annexing municipality does not hold a
   15         referendum; amending s. 171.044, F.S.; providing a
   16         procedure for a municipality to annex certain
   17         property; amending s. 171.046, F.S.; specifying the
   18         municipalities that may annex certain enclaves when a
   19         specified number of municipalities provide services to
   20         the enclave; providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Subsection (13) of section 171.031, Florida
   25  Statutes, is amended to read:
   26         171.031 Definitions.—As used in this chapter, the following
   27  words and terms have the following meanings unless some other
   28  meaning is plainly indicated:
   29         (13) “Enclave” means any of the following:
   30         (a) Any unincorporated improved or developed area that is
   31  enclosed within and bounded on all sides by a single
   32  municipality.; or
   33         (b) Any unincorporated improved or developed area that is
   34  enclosed within and bounded by a single municipality and a
   35  natural or manmade obstacle that allows the passage of vehicular
   36  traffic to that unincorporated area only through the
   37  municipality.
   38         (c)Any unincorporated improved or developed area that is
   39  enclosed on all sides by at least two municipalities when at
   40  least one of those municipalities provides first-responder
   41  services to the area by a formal mutual aid agreement or on an
   42  ad hoc basis and the nearest first responder is required to
   43  respond upon a request for service.
   44         (d)Any unincorporated improved or developed area in which
   45  at least 75 percent of the area is bounded on three or more
   46  sides by one municipality and that municipality provides first
   47  responder services to the area by a formal mutual aid agreement
   48  or on an ad hoc basis.
   49         Section 2. Subsections (5) and (6) of section 171.0413,
   50  Florida Statutes, are amended to read:
   51         171.0413 Annexation procedures.—Any municipality may annex
   52  contiguous, compact, unincorporated territory in the following
   53  manner:
   54         (5) If more than 70 percent of the land in an area proposed
   55  to be annexed is owned by individuals, corporations, or legal
   56  entities which are not registered electors of such area, such
   57  area may shall not be annexed unless the owners of more than 50
   58  percent of the land in such area consent to such annexation.
   59  Such consent must shall be obtained by the parties proposing the
   60  annexation prior to the referendum to be held on the annexation.
   61         (6) Notwithstanding subsections (1) and (2), if the area
   62  proposed to be annexed does not have any registered electors on
   63  the date the ordinance is finally adopted, or has fewer than 25
   64  registered electors and such electors do not own property in the
   65  area to be annexed on the date that the ordinance is adopted, a
   66  vote of electors of the area proposed to be annexed is not
   67  required. In addition to the requirements of subsection (5), the
   68  area may not be annexed unless the owners of more than 50
   69  percent of the parcels of land in the area proposed to be
   70  annexed consent to the annexation. If the governing body of the
   71  annexing municipality does not choose to hold a referendum of
   72  the annexing municipality pursuant to subsection (2), then the
   73  consent of the property owners property owner consents required
   74  in pursuant to subsection (5) must shall be obtained by the
   75  parties proposing the annexation prior to the final adoption of
   76  the ordinance, and the annexation ordinance is shall be
   77  effective upon becoming a law or as otherwise provided in the
   78  ordinance.
   79         Section 3. Subsection (7) is added to section 171.044,
   80  Florida Statutes, to read:
   81         171.044 Voluntary annexation.—
   82         (7)In addition to the petition process for annexation
   83  authorized in subsection (1), a municipality may annex
   84  unincorporated property that it owns which is contiguous to its
   85  border or is separated from the municipality by a natural or
   86  manmade barrier, such as a canal, river, railroad right-of-way,
   87  or highway right-of-way. The governing body of the municipality
   88  may initiate the annexation process by adopting a resolution of
   89  the governing body in lieu of receiving a petition to annex by
   90  property owners.
   91         Section 4. Present subsection (3) of section 171.046,
   92  Florida Statutes, is renumbered as subsection (4), and a new
   93  subsection (3) is added to that section, to read:
   94         171.046 Annexation of enclaves.—
   95         (3)When two or more municipalities form an enclave, as
   96  defined in s. 171.031(13), the most appropriate jurisdiction to
   97  annex the property is the municipality providing services to the
   98  enclave. If more than one municipality provides services or
   99  proposes to provide services to the enclave, any of the
  100  municipalities providing services or proposing to provide
  101  services may annex any portion of the enclave pursuant to
  102  subsection (2), provided that the entire enclave is annexed by
  103  one or more of the eligible municipalities under this section.
  104         Section 5. This act shall take effect July 1, 2018.