HB 1393

CS

CHAMBER ACTION

1	The Committee on Local Government & Veterans' Affairs recommends
2	the following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to Broward County; providing for extending
8	the corporate limits of the Town of Davie, the City of
9	Fort Lauderdale, or the City of Plantation; providing for
10	annexation of the unincorporated area known as Broadview
11	Park; providing for an election; providing for an
12	effective date of annexation; providing for an interlocal
13	agreement; providing for a continuation of certain Broward
14	County regulations; providing for transfer of public roads
15	and rights-of-way; providing an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  No later than July 1, 2004, the governing body
20	of the municipalities of the Town of Davie, the City of Fort
21	Lauderdale, and the City of Plantation, after having considered
22	the effects of annexation on the residents of both the
23	"Broadview Park Area," as hereinafter described, and on the
24	respective municipality, shall inform the Broward County
25	Legislative Delegation and the Broward County Board of County
26	Commissioners of their desire to appear on the ballot as
27	provided for in this act.
28	Section 2.  The Broward County Board of County
29	Commissioners shall schedule an election in accordance with the
30	provisions of the law relating to elections currently in force
31	in Broward County on November 2, 2004. The subject of said
32	election shall be the annexation of the Broadview Park Area.
33	Only registered voters residing in the Broadview Park Area as
34	described in section 3 may vote in said election. On the ballot
35	provided for in this section shall appear the name of each
36	municipality which shall have informed the Broward County
37	Legislative Delegation that it desires to appear on the ballot
38	as provided for in section 1. The voters residing in the
39	Broadview Park Area shall, by plurality vote of the voters
40	participating in the election, choose to be annexed by one
41	municipality effective September 15, 2005. In the event only one
42	municipality shall have informed the Broward County Legislative
43	Delegation that it desires to appear on the ballot as provided
44	for in section 1, the voters residing in the Broadview Park Area
45	shall, by majority vote of the voters participating in the
46	election, choose whether to be annexed by that city on September
47	15, 2005, or September 15, 2006. A mail ballot shall not be used
48	in this election. However, voters may vote by absentee ballot as
49	provided by law.
50	Section 3.  The "Broadview Park Area" is described as:
51
52	That portion of Sections 13, 14, 23 and 24, Township
53	50 South, Range 41 East and Section 18, Township 50
54	South, Range 42 East, Broward County, Florida,
55	described as follows:
56
57	Beginning at a point on the boundary of the City of
58	Plantation established by Chapter 68-101 Laws of
59	Florida, being the Southeast corner of Tract 1, Tier
60	24, according to Newman's Survey of Section 14,
61	Township 50 South, Range 41 East, as recorded in Plat
62	Book 2, Page 26, Public Records of Dade County,
63	Florida;
64
65	thence continuing along the said boundary of the City
66	of Plantation the following 6 courses;
67
68	thence Northeasterly along the East line of said Tier
69	24, to the North line of said Section 13;
70
71	thence East along the said North line of Section 13 to
72	a point of intersection with the Northerly extension
73	of the Westerly line of Block 3, as shown by the plat
74	of LAUDERDALE HIGHLANDS as recorded in Plat Book 12,
75	at Page 37, Public Records of Broward County, Florida;
76
77	thence Southwesterly along the Westerly line of said
78	Block 3 and its Northerly extension thereof, to the
79	Southwesterly corner of Lot 11 of said Block 3;
80
81	thence Easterly along the Southerly line of said Lot
82	11 and its Easterly extension thereof, to a point of
83	intersection with the Easterly right-of-way line of
84	Highland Avenue, as shown by said plat of LAUDERDALE
85	HIGHLANDS;
86
87	thence Southwesterly along the Easterly right-of-way
88	line of said Highland Avenue to a point of
89	intersection with the South line of Block 1, as shown
90	by said plat of LAUDERDALE HIGHLANDS;
91
92	thence Easterly along the South line of said Block 1
93	and its Easterly extension thereof to a point of
94	intersection with the East right-of-way line of State
95	Road No. 7, as described in City of Fort Lauderdale
96	annexing Resolution No. 8519;
97
98	thence Southerly along the said east right-of-way line
99	to the North right-of-way line of Riverland Road and
100	the boundary of the Town of Davie as described in
101	Chapter 84-420, Laws of Florida;
102
103	thence continuing along said boundary of the Town of
104	Davie the following 10 courses;
105
106	thence Westerly along the Westerly prolongation of the
107	said North right-of-way line to the West right-of-way
108	line of State Road No. 7;
109
110	thence Southerly along said West right-of-way line to
111	a point of intersection with a line 300 feet North of
112	the Southerly line of Tract 2, Tier 4, of said
113	Newman's Survey, as measured along the said Westerly
114	right-of-way line;
115
116	thence Northwesterly to a point on the Easterly right-
117	of-way line of Southwest 41st Avenue, being 298.34
118	feet Northerly from the Southwest corner of said Tract
119	2, Tier 4;
120
121	thence Westerly to a point of intersection of the West
122	right-of-way line of Southwest 41st Avenue with the
123	North line of said Section 24;
124
125	thence Southwesterly along the said West right-of-way
126	line to the centerline of North New River Canal;
127
128	thence Southeasterly along said centerline to the
129	Westerly right-of-way line of State Road No. 7;
130
131	thence Southwesterly along said West right-of-line to
132	the South bank of the North New River Canal;
133
134	thence Northwesterly along said South bank to the
135	Northerly extension of the West line of the East One-
136	Half of Tract 1, Tier 7 of said Newman's Survey;
137
138	thence Southwesterly along said Northerly extension to
139	the Northwest corner of the said East One-Half of
140	Tract 1, Tier 7, also being on the South right-of-way
141	line of North New River Canal;
142
143	thence Northwesterly along the said Southerly right-
144	of-way line to the Easterly line of Tier 21 of said
145	Newman's Survey;
146
147	thence Northwesterly, continuing on the boundary of
148	the Town of Davie, along the said Southerly right-of-
149	way line to the intersection with the Southwesterly
150	extension of the East line of the aforesaid Tract 1,
151	Tier 24;
152
153	thence Northeasterly along said Southwesterly
154	extension to the POINT OF BEGINNING.
155
156	Section 4.  If the unincorporated area described in section
157	3 is annexed by either the Town of Davie or the City of
158	Plantation, the additional area described in section 5 shall be
159	included in the annexation.
160	Section 5.  The additional area shall be described as:
161
162	That portion of Sections 7, 8, 14, 15, 16 and 17,
163	Township 50 South, Range 41 East and Sections 2, 11
164	and 12, Township 50 South, Range 40 East, Broward
165	County, Florida, described as follows:
166
167	Beginning at a point on the boundary of the City of
168	Plantation established by Chapter 68-101, Laws of
169	Florida, being the Southeast corner of Tract 1, Tier
170	24, according to Newman's Survey of Section 14,
171	Township 50 South, Range 41 East, as recorded in Plat
172	Book 2, Page 26, Public Records of Dade County,
173	Florida;
174
175	thence Northwesterly along the North right of way line
176	of the North New River Canal and along the boundary of
177	the City of Plantation established by said Chapter 68-
178	101 and by Ordinance 1008, Ordinance 568, and
179	Ordinance 543, all as adopted by the City of
180	Plantation, to the intersection with the West line of
181	said Section 2;
182
183	thence Southerly along the said West line to the South
184	right of way line of the North New River Canal, being
185	a point on the boundary of the Town of Davie
186	established by Chapter 84-420, Laws of Florida;
187
188	thence Southeasterly along the said South right of way
189	line and along the boundary of the Town of Davie
190	established by said Chapter 84-420 and by Ordinance
191	85-97, adopted by the Town of Davie, to the
192	intersection with the Southwesterly extension of the
193	East line of Tier 24 of said Newman's Survey;
194
195	thence Northeasterly along the said Southwesterly
196	extension to the POINT OF BEGINNING.
197
198	Section 6.  An interlocal agreement shall be developed
199	between the governing bodies of Broward County and the annexing
200	municipality and executed prior to the effective date of the
201	annexation. The agreement shall address infrastructure
202	improvement programs and include a financially feasible plan for
203	transitioning county services, buildings, infrastructure,
204	waterways, and employees.
205	Section 7.  Upon annexation into the municipality, the
206	following shall govern the areas described in sections 3 and 5:
207	(1)  The present land use designations and zoning districts
208	provided for under the Broward County Comprehensive Plan and
209	Code of Ordinances of Broward County shall remain the law
210	governing the Broadview Park Area, notwithstanding the fact that
211	the Broadview Park Area is now a part of a municipality.
212	(2)  Any change of zoning districts or land use
213	designations may only be accomplished by enactment of the vote
214	of the majority of the full governing body of the municipality
215	plus one.
216	(3)  Notwithstanding subsections (1) and (2), any use,
217	building, or structure that is legally in existence at the time
218	that the Broadview Park Area becomes a part of the municipality
219	shall not be made a prohibited use by the municipality, on the
220	property of said use, for as long as the use shall continue, and
221	not be voluntarily abandoned.
222	Section 8.  Subsequent to the effective date of this act,
223	no change in land use designation or zoning shall be effective
224	within the limits of the lands subject to annexation herein
225	until the Broadview Park Area has been annexed into the
226	municipality; no annexation within the Broadview Park Area by
227	any municipality shall occur during the time period between the
228	effective date of this act and the effective date of the
229	annexation.
230	Section 9.  Subsequent to the effective date of the
231	annexation, any resident in the area to be annexed by this act
232	into the Town of Davie, the City of Fort Lauderdale, or the City
233	of Plantation shall be deemed to have met any residency
234	requirements for candidacy for municipal office.
235	Section 10.  Nothing in this chapter shall be construed to
236	affect or abrogate the rights of parties to any contracts,
237	whether the same be between Broward County and a third party or
238	between nongovernmental entities, which contracts are in effect
239	prior to the effective date of the annexation.
240	Section 11.  All public roads and the public rights-of-way
241	associated therewith, on the Broward County Road System,
242	including bridge structures 868303, 864024, 864022, 864096, and
243	864097, lying within the limits of the lands subject to
244	annexation herein, as described in either section 3 or section
245	5, are transferred from Broward County jurisdiction to the
246	jurisdiction of the annexing municipality, except for those
247	portions of Hiatus Road, Nob Hill Road, Pine Island Road, and
248	Davie Boulevard and that portion of Peters Road west of the
249	Peters Road/Davie Boulevard intersection lying within the limits
250	of the annexation area. All rights, title, interests, and
251	responsibilities for any transferred roads, including, but not
252	limited to, the ownership, operation, maintenance, planning,
253	design, and construction of said roads, and to the rights-of-way
254	associated therewith, shall transfer from Broward County
255	jurisdiction and ownership to the jurisdiction and ownership of
256	the annexing municipality upon the effective date of the
257	annexation.
258	Section 12.  This act shall take effect upon becoming a
259	law.

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