HB 1407

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
8	extending the corporate limits of the City of
9	Deerfield Beach; providing for annexation of specified
10	unincorporated areas; providing for an interlocal
11	agreement; providing for continuation of certain
12	Broward County regulations; providing for the transfer
13	of public roads and rights-of-way; providing an
14	effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  That the following described lands shall be
19	annexed into and a part of the City of Deerfield Beach effective
20	September 15, 2004:
21
22	That portion of Sections 11, 13 and 14 Township 48
23	South, Range 42 East, Broward County, Florida,
24	described as follows:
25
26	BEGINNING at the intersection of the centerline of
27	N.W. 36 Street (Sample Road) with the Easterly right-
28	of-way line of the Seaboard Coastline Railroad, being
29	a point on the municipal boundary of the City of
30	Pompano Beach, as described in Chapter 2000-458, Laws
31	of Florida;
32
33	Thence Northeasterly along said municipal boundary and
34	along said Easterly right-of-way line to the North
35	right-of-way line of Sample Road, as described in said
36	Chapter 2000-458, Laws of Florida;
37
38	Thence Westerly along said North right-of-way line and
39	said municipal boundary to the Westerly right-of-way
40	line of the Seaboard Coastline Railroad, being a point
41	on the municipal boundary of the City of Deerfield
42	Beach, as described in Chapter 99-471, Laws of
43	Florida;
44
45	Thence along said municipal boundary the following two
46	courses;
47
48	Thence Northeasterly along said Westerly right-of-way
49	line, to the South right-of-way line of N.W./N.E. 48
50	Street (Green Road);
51
52	Thence Easterly along said South right-of-way line to
53	the Easterly right-of-way line of the Florida East
54	Coast Railway;
55
56	Thence Southwesterly along said Easterly right-of-way
57	line to the centerline of N.E. 36 Street (Sample
58	Road);
59
60	Thence Westerly along said centerline of N.E./N.W. 36
61	Street (Sample Road) to the POINT OF BEGINNING.
62
63	Section 2.  An interlocal agreement shall be developed
64	between the governing bodies of Broward County and the City of
65	Deerfield Beach and executed prior to the effective date of the
66	annexation as provided for in section 1. The agreement shall
67	include a financially feasible plan for transitioning county
68	services, buildings, infrastructure, waterways, and employees.
69	Section 3.  Upon annexation into the municipality, the
70	following provisions shall govern the areas described in section
71	1:
72	(1)  The present land use designations and zoning districts
73	provided for under the Broward County Comprehensive Plan and
74	Code of Ordinances of Broward County shall remain the law
75	governing the area described in section 1, notwithstanding the
76	fact that the area described in section 1 is now a part of a
77	municipality.
78	(2)  Any change of zoning districts or land use
79	designations may only be accomplished by enactment of the vote
80	of the majority of the full governing body of the municipality
81	plus one.
82	(3)  Notwithstanding subsections (1) and (2), any use,
83	building, or structure that is legally in existence at the time
84	that the area described in section 1 becomes a part of the
85	municipality shall not be made a prohibited use by the
86	municipality, on the property of said use, for as long as the
87	use shall continue, and said use shall not be voluntarily
88	abandoned.
89	Section 4.  Subsequent to the effective date of this act,
90	no change in land use designation or zoning shall be effective
91	within the limits of the lands subject to annexation herein
92	until the area described in section 1 has been annexed into the
93	municipality. No annexation within the area described in section
94	1 by any municipality shall occur during the time period between
95	the effective date of this act and the effective date of the
96	annexation.
97	Section 5.  Subsequent to the effective date of the
98	annexation, any resident in the area to be annexed by this act
99	into the City of Deerfield Beach shall be deemed to have met any
100	residency requirements for candidacy for any municipal office.
101	Section 6.  Nothing in this chapter shall be construed to
102	affect or abrogate the rights of parties to any contracts,
103	whether the same be between Broward County and a third party or
104	between nongovernmental entities, which contracts are in effect
105	prior to the effective date of the annexation.
106	Section 7.  All public roads and the public rights-of-way
107	associated therewith, on the Broward County Road System, lying
108	within the limits of the lands subject to annexation herein, as
109	described in section 1, are transferred from Broward County
110	jurisdiction to the jurisdiction of the annexing municipality.
111	All rights, titles, interests, and responsibilities for any
112	transferred roads, including, but not limited to, the ownership,
113	operation, maintenance, planning, design, and construction of
114	said roads, and the rights-of-way associated therewith shall
115	transfer from Broward County jurisdiction and ownership to the
116	jurisdiction and ownership of the annexing municipality upon the
117	effective date of the annexation.
118	Section 8.  This act shall take effect upon becoming a law.

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