Voluntary Annexation
Ordinance No. 00-63

AN ORDINANCE RELATING TO PINELLAS COUNTY; PROVIDING A PURPOSE; PROVIDING FOR AUTHORITY; PROVIDING FOR TERRITORY EMBRACED; PROVIDING DEFINITIONS; PROVIDING FOR PLANNING AREAS DELINEATING ELIGIBILITY FOR ANNEXATION; PROVIDING CRITERIA FOR PETITIONS FOR VOLUNTARY ANNEXATION; PROVIDING FOR A LIMITED REVIEW OF PROPOSED ANNEXATIONS; PROVIDING FOR REQUEST BY AFFECTED PARTY FOR FULL REVIEW OF PROPOSED ANNEXATIONS; PROVIDING A MUNICIPAL ANNEXATION PROCEDURE AND APPEALS THEREFROM; PROVIDING FOR THE EFFECT OF ANNEXATION; PROVIDING FOR INTERLOCAL AGREEMENTS FOR URBAN SERVICES AND ANNEXATION; PROVIDING FOR EXEMPTION FROM STATE PLAN AMENDMENT REVIEW PROCESS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR MODIFICATIONS THAT MAY ARISE FROM REVIEW OF THE ORDINANCE AT PUBLIC HEARING.

              WHEREAS, Pinellas County is the most densely populated county in the State of Florida, with twenty-four (24) incorporated municipalities that comprise nearly two-thirds (2/3) of the total county area; and

              WHEREAS, annexation of unincorporated area by the incorporated municipalities is an on-going significant occurrence that has important growth management and service delivery implications to the unincorporated county, the incorporated municipalities, and the citizenry; and

              WHEREAS, annexation is a routine process whereby municipal boundaries may be expanded in order to meet the citizenry's growing need for urban services; and

              WHEREAS, it is essential to a workable planning and annexation process that the representatives of both the unincorporated and incorporated jurisdictions coordinate their respective interests in a fair and cooperative manner that respects the rights and interests of individual property owners and the respective jurisdictions; and

              WHEREAS, the Board of County Commissioners of Pinellas County, Florida, deems it to be in the best interests of the citizens of Pinellas County to implement a more rational, uniform, and clear method for voluntary annexation on a countywide basis in order to address the inadequacies, inequities, inefficiencies, and unpredictability of the current voluntary annexation process; and

              WHEREAS, the Board of County Commissioners of Pinellas County, Florida, declares it essential to a well-planned and balanced system of governance in Pinellas County that the method of annexation provided for in this ordinance and subsequent charter amendment constitutes the exclusive means by which voluntary municipal annexation may occur in Pinellas County; and

              WHEREAS, the Board of County Commissioners of Pinellas County, Florida, has determined that the municipalities located within Pinellas County have the ability to provide urban services to the planning areas designated herein, and that said determination was based upon sound planning considerations; and

              WHEREAS, pursuant to s 171.044(4), F.S., the Board of County Commissioners of Pinellas County, Florida has the authority to provide the exclusive means of voluntary annexation for municipalities located within Pinellas County through its Charter; and

              WHEREAS, pursuant to Pinellas County Charter s 6.01, the Board of County Commissioners of Pinellas County, Florida has the authority to amend the Pinellas County Charter by ordinance passed by an affirmative vote of not less than majority plus one, subject to countywide referendum.

              NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Pinellas County, Florida:

              Section 1.   Purpose.
              It is the purpose of this ordinance to establish a uniform, equitable, and integrated procedure with clearly defined criteria to provide the exclusive method for voluntary annexation of property by an incorporated municipality within Pinellas County, Florida.

              Section 2.   Authority.
              This ordinance is promulgated pursuant to the home rule powers of Pinellas County, Florida, and s 171.044(4), F.S. (1999), as a county ordinance, pursuant to the provisions of the County Charter that would provide for exclusive method and criteria for voluntary municipal annexation and planning areas that delineate the geographic area eligible for annexation by a municipality.

              Section 3.   Territory Embraced.
              This ordinance shall be effective in the incorporated as well as unincorporated areas of the county. To the extent that this county ordinance conflicts with a municipal ordinance, this ordinance shall prevail.

              Section 4.   Definitions.
              The following terms and phrases shall have the following meanings, unless some other meaning is plainly indicated:
                (1)      “Ability to Serve” means the municipality that proposes to annex property has the authority, responsibility, and capacity to provide police, fire, sewer, water, solid waste, and local road and drainage facility services. If the annexing municipality does not have the authority, responsibility, and capacity to provide any one or more of these seven (7) requisite urban services to the property proposed to be annexed, then it shall, by either interlocal agreement or written authorization, obtain agreement of the service provider that is charged with providing such service(s), attesting to that provider's ability and willingness to provide said service(s).
               (2)      “Annexation” means the voluntary addition of real property to the boundaries of an incorporated municipality pursuant to the Pinellas County Charter, such addition making such real property in every way a part of the municipality.
                (3)      “Board” means the Board of County Commissioners of Pinellas County, Florida.
               (4)      “CPA” means the Board of County Commissioners sitting in its capacity as the Countywide Planning Authority.
               (5)      “Compact” means concentration of a piece of property in a single area and precludes any action which would create pockets, finger areas, or serpentine patterns. Any annexation proceeding in Pinellas County shall be designed in such a manner as to ensure that the area will be reasonably compact.
               (6)      “Contiguous” means that a substantial part of a boundary of the territory sought to be annexed by a municipality is coterminous with a part of the boundary of the municipality. The separation of the territory sought to be annexed from the annexing municipality by a publicly-owned county park; a right-of-way for a highway, road, railroad, canal, or utility; or a body of water or watercourse; or other minor geographical division of a similar nature, running parallel with and between the territory sought to be annexed and the annexing municipality, shall not prevent annexation under this ordinance, provided the presence of such a division does not, as a practical matter, prevent the territory sought to be annexed and the annexing municipality from becoming a unified whole with respect to municipal services or prevent their inhabitants from fully associating and trading with each other, socially and economically. However, nothing herein shall be construed to allow local rights-of-way, utility easements, railroad rights-of-way, or like entities to be annexed in a corridor fashion to gain contiguity; and when any provision or provisions of special law or laws prohibit the annexation of territory that is separated from the annexing municipality by a body of water or watercourse, then that law shall prevent annexation under this ordinance.
               (7)      “Council” means the Pinellas Planning Council, as created by Chapter 88-464, Laws of Florida (1988), or its designee.
               (8)      “County” means Pinellas County, Florida.
               (9)      “Enclave” means any unincorporated area that is enclosed within and bounded on all sides by a single municipality.
               (10)    “Municipality” means a municipality created pursuant to general or special law authorized or recognized pursuant to s.2 or s.6, Art. VIII, of the State of Florida Constitution.
               (11)    “Party affected” means any persons or firms owning property that is proposed for annexation to a municipality, or any governmental unit having jurisdiction over such area.
               (12)    “Urban services” means those services required to be available and provided by a local government, either directly or by contract, to properties located within its present boundaries and areas proposed for annexation, including but not limited to police, fire, sewer, water, solid waste, and local road and drainage facility services.

              Section 5.   Planning Areas - Delineating Eligibility for Annexation.
               (1)      Planning areas have been determined and depicted in map form as set forth in Exhibit 1, attached hereto and incorporated by reference. The purpose of each planning area is to allow the respective municipalities to consider the area in their Comprehensive Plan and delineate the geographic area eligible for annexation to each such municipality. Each planning area was determined and delineated consistent with the purpose and provision for establishment of planning areas, as provided for under s 163.3171, F.S. and is specifically intended to replace the review for ability to serve for annexations of ten (10) acres or more now conducted independently by the Council under Chapter 88-464, Laws of Florida.
               (2)      A municipality may annex only that property within its respective planning area as delineated on Exhibit 1, as such Exhibit may be amended from time to time. Unincorporated area that is not located within a defined municipal planning area, as delineated in Exhibit 1, shall not be voluntarily annexed by any municipality unless and until Exhibit 1 is amended to include such unincorporated area in the annexing municipality's planning area.
               (3)      The planning areas as delineated herein on Exhibit 1 may be amended by County ordinance upon recommendation of the Council and approval by the CPA. Any deviation by the CPA from the Council's recommendation shall be by at least four votes. Consideration of an amendment to any planning area by the Council and CPA shall be based upon the following criteria:
                         (a)       the nature of the request and interest of the affected property owner(s);
                         (b)       the ability of affected municipality to provide urban services;
                         (c)       the uniform and consistent relationship of the proposed area to existing municipal boundaries, existing unincorporated neighborhoods, and related areas eligible for annexation; and
                         (d)       the interest and relationship of adjoining unincorporated areas and service providers.
              (4)       In the event that a municipality receives a petition to voluntarily annex property that lies outside that municipality's planning area, said petition shall be reviewed as an amendment to that planning area in accordance with this section. So long as a proposed amendment of Exhibit 1 is consistent with the criteria in subsection (3), no such amendment which results from a petition for voluntary annexation shall be unreasonably denied without just cause.
               (5)      The Council shall periodically review the planning areas set forth in Exhibit 1, as it may be amended from time to time. Any amendment to Exhibit 1 resulting from this periodic review shall be as provided for under this section. The first review shall take place no longer than five (5) years after final adoption of this ordinance. Each subsequent review shall take place no longer than five (5) years after the previous review.
               (6)      Any annexation that may occur in Pinellas County pursuant to the referendum process provided for in Chapter 171, F.S., shall not automatically amend the planning areas provided for under this section, but may be considered, in addition to the criteria listed in this section, for purposes of amending a planning area. Failure to amend the planning area to reflect the referendum, in whole or in part, shall not affect the validity of the annexation.
               (7)      Any area duly incorporated and within the boundaries of a municipality on the effective date of this ordinance, but not included within its designated planning area, shall continue to be a valid part of said municipality with all of the rights and responsibilities attendant thereto; and the location of such incorporated area outside the planning area shall in no way alter or compromise its corporate status.

               Section 6.   Petition for Voluntary Annexation.
               (1)      The owner or owners of real property, or his or her agent, in an unincorporated area of the County, may petition the governing body of a municipality that said property be annexed to the municipality if the subject property meets the requirements set forth in either (a) or (b) below:
                         (a)       the property is located within the annexing municipality's planning area as set forth in Exhibit 1, is contiguous to the annexing municipality, is reasonably compact, and does not create an enclave; or
                         (b)       the property is located within the annexing municipality's planning area as set forth in Exhibit 1, is located within and reduces an enclave existing on the effective date of this ordinance, and neither involves a property that is subject to an existing annexation agreement nor provides the basis for annexing an adjoining property that is subject to an annexation agreement.
               (2)      Within five (5) calendar days of receipt of a petition for voluntary annexation or the initiation of a voluntary annexation pursuant to a previously executed and valid agreement, the annexing municipality shall notify the County, Council, and all parties affected, of said proposed annexation with a copy of the petition for annexation and a legal description of the subject property. Notwithstanding the five (5)-day notice period provided above, the annexing municipality shall provide said notice prior to the first reading of the annexation ordinance.

               Section 7.   Limited Review of Proposed Annexation.
               (1)      Upon receipt of a petition for a proposed annexation to a municipality and a legal description of the subject property, the Council shall review said proposed annexation for compliance with the following criteria:
                         (a)       whether the subject property complies with the criteria and procedures set forth in Section 6; and
                         (b)       whether the legal description provided conflicts with previously-established municipal boundaries or creates an inadvertent gap between governmental jurisdictions.
               (2)      Within fifteen (15) calendar days of receipt, the Council shall notify the annexing municipality if the proposed annexation is deemed inconsistent with the criteria and procedures set forth herein, or if a valid request for a full review has been received from an affected party. Absent any such notification, the annexing municipality may proceed with the proposed annexation.
               (3)      If the proposed annexation is deemed inconsistent with the requirements of this ordinance by the Council, or a valid request for a full review has been received by an affected party as set forth in Section 8, a full review shall be conducted.

               Section 8.   Request for Full Review by Affected Party.
               (1)      Any party affected by the proposed municipal annexation may petition the Council and CPA to review the proposed annexation for consistency with the criteria and procedures set forth herein. Said review shall be conducted pursuant to the following criteria and procedure:
                         (a)       A petition requesting review shall be filed with the Council within ten (10) calendar days of receipt of the notice provided by the annexing municipality under Section 6(2). Upon receipt of said petition, the Council shall notify the annexing municipality and forward a copy of the petition to said municipality.
                         (b)       The petition shall set forth the specific objections and manner in which the proposed annexation is inconsistent with the criteria and procedure set forth herein.
                         (c)       Within five (5) days of receipt of a petition requesting review, the Executive Director of the Council shall determine the validity of said petition, specifically whether the petition alleges legitimate grounds upon which the annexation does not comport with the procedure and criteria set forth herein. If an applicant requesting full review disagrees with the determination of the Executive Director, the validity of the request shall be considered and determined by the Planning Council at its next scheduled meeting.
                         (d)       Upon receipt of a valid petition for review, as determined pursuant to subsection (c) above, the Council shall consider the petition at its next regularly-scheduled meeting and forward a recommendation to the CPA. The CPA shall, within thirty (30) days of receipt of the Council’s recommendation, render a decision as to whether the application is consistent with the required criteria and shall notify the annexing municipality of said determination.
               (2)      The filing of a valid petition for review under this section, or the initiation of a full review by the Council under Section 7, shall prohibit the annexing municipality from proceeding with the second reading and adoption of the annexation ordinance until after a decision has been rendered by the CPA.

               Section 9.   Municipal Annexation Procedure; Appeals.
               (1)      Upon receipt of a petition for voluntary annexation that comports with the criteria set forth in Section 6(1)(a) or (b), a municipality may, at any regular meeting, adopt a non-emergency ordinance to annex the property that is proposed for annexation and re-define the boundary lines of the municipality to include said property. Said ordinance shall be passed consistent with the procedures for adoption of ordinances provided in s 166.041, F.S. The notice required by s 166.041, F.S., shall give the ordinance number, if available, and a brief general description of the area proposed to be annexed. The description shall include a map clearly showing the area and a statement that the complete legal description and the ordinance can be obtained from the office of the municipal clerk.
               (2)      An ordinance adopted under this section shall be filed with the Pinellas County Clerk of the Circuit Court and Pinellas County Administrator and with the Department of State within seven (7) days after the adoption of such ordinance. The ordinance must include a map which clearly shows the annexed area and a complete legal description of that area.
               (3)      Any party affected by the annexation or the CPA, upon recommendation of the Council, shall have the right to file a petition in the Circuit Court in and for Pinellas County seeking review by certiorari. Said petition must be filed within thirty (30) days of adoption of the annexation ordinance by the annexing municipality. An appeal filed by the CPA shall be subject to the Florida Governmental Conflict Resolution Act. In any action instituted pursuant to this section, the prevailing party shall be entitled to reasonable costs and attorney's fees.

               Section 10.   Effect of Annexation.
              An area voluntarily annexed to a municipality, pursuant to the criteria and procedure set forth in this ordinance, shall be subject to all laws, ordinances, and regulations in force in that municipality, and shall be entitled to the same privileges and benefits as other parts of that municipality upon the effective date of the annexation. Any voluntary annexation that does not comply with the criteria and procedures set forth in this ordinance shall be null and void, and the property shall continue to be considered unincorporated for both tax and regulatory purposes.

               Section 11.   Interlocal Agreements for Urban Services and Annexation.
               (1)      The County and each municipality shall have the authority to enter into interlocal agreements to provide services as an alternative to annexation. Such agreements are encouraged where they would provide a cost-effective, mutually-advantageous alternative to annexation, or where annexation is not achievable under the criteria and procedures set forth herein, or where annexation is not desirable on the part of the property owner or municipality.
               (2)      Consistent with the intent and provisions of s 171.046(2), F.S., existing enclaves of ten (10) acres or less may be annexed into the appropriate municipal jurisdiction by interlocal agreement between the County and the appropriate municipality.

               Section 12.   State Plan Amendment Review Process.
               Any area voluntarily annexed into a municipality pursuant to the criteria and procedures set forth in this ordinance that is located within a municipality's designated planning area shall be deemed to comply with and satisfy the requirements of s 163.3171, F.S. with respect to the exemption from state review of comprehensive plan amendments as a function of said annexation. Specifically, upon adoption of an annexation ordinance, the annexing municipality may immediately apply the municipality's comprehensive plan and land use standards to any such area if said comprehensive plan provides for use characteristics and intensity or density standards which are consistent with the Countywide Future Land Use Plan for said area, as determined by the Council, without first submitting a land use plan amendment to the State Department of Community Affairs. It is specifically intended that the provisions of this section shall supersede those existing interlocal agreements entered into between the county and certain municipalities, pursuant to the authority of s 163.3171(3), which provide for joint planning areas. However, nothing contained in this ordinance shall affect the right of the County or its municipalities to utilize the otherwise applicable provisions of s 163.3171, F.S.

               Section 13.   Effective Date; Referendum.
              This ordinance shall take effect only upon approval by a majority vote of the electors of Pinellas County voting in a referendum election which shall be called and held by the County Commission prior to November 30, 2000 to amend the County Charter so as to enable this ordinance.

               Section 14.   Severability.
              If any provision of this ordinance, or the application thereof, to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared severable.