This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0471e.SAC
DATE: 2/1/2022
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #: HB 471 Town of Lake Clarke Shores, Palm Beach County
SPONSOR(S): Roth
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration & Veterans Affairs
Subcommittee
16 Y, 0 N Darden Miller
2) Ways & Means Committee 17 Y, 0 N LaTorre Aldridge
3) State Affairs Committee 21 Y, 0 N Darden Williamson
SUMMARY ANALYSIS
A municipality may propose to annex any area of contiguous, compact, unincorporated territory by ordinance
or may be petitioned for annexation by owner(s) of “contiguous... and reasonably compact” real property. An
area may only be annexed by ordinance if the annexation is approved by the majority of electors within the
affected area voting in a referendum, while an area may be annexed by petition only upon unanimous consent
of the landowners.
An enclave is any unincorporated area that many only be accessed through a municipality. An enclave of 110
acres or less may be annexed subject to an interlocal agreement between the county and the municipality.
The bill provides a legal description of an area of approximately 33 acres that lies contiguous, adjacent, and
almost completely surrounded by the present municipal boundary of the Town of Lake Clarke Shores and
provides that the area is considered an enclave of the town for the purposes of municipal annexation.
Pursuant to House Rule 5.5(b), a local bill providing an exemption from general law may not be placed
on the Special Order Calendar for expedited consideration. The provisions of House Rule 5.5(b) appear
to apply to this bill. STORAGE NAME: h0471e.SAC PAGE: 2
DATE: 2/1/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Municipal Annexation
A municipality may propose to annex any area of contiguous, compact, unincorporated territory by
ordinance or may be petitioned for annexation by owner(s) of “contiguous... and reasonably compact”
real property.
1
An area is considered “contiguous” if a substantial part of its boundary is coterminous
with a part of the boundary of the municipality.
2
An area is compact if it is concentrated in a single area
and does not create enclaves, pockets, or finger areas.
3
All lands to be annexed must be in the same
county as the annexing municipality.
4
The governing body of a municipality may only propose annexation of an area that is contiguous,
reasonably compact, and is either:
5
Developed for “urban purposes,” which is defined as having a resident population or at least two
persons per acre, having a resident population of at least one person per acre if the area is
subdivided into lots where at least 60 percent of the total number of lots are 1 acre or less in
size, or at least 60 percent of the total number of lots meet one of the preceding definitions and
at least 60 percent of the total acreage not used for non-residential “urban purposes” is
subdivided into lots of 5 acres or less;
Lies between the municipal boundary and an area developed for “urban purposes”; or
Adjacent, on at least 60 percent of its external boundary, to any combination of the municipal
boundary and areas developed for “urban purposes.”
A municipality may begin the annexation process by adopting a non-emergency ordinance.
6
The
municipality is required to hold two advertised public meetings before the adoption of the ordinance,
one held on a weekday at least seven days after the publication of the first advertisement and one held
on a weekday at least five days after the publication of the second advertisement. At least 10 days prior
to the first public meeting, the governing body of the municipality must provide written notice to all
residents and property owners in the area proposed for annexation.
7
The notice must contain the
annexation proposal, the time and location of the public meeting, and locations where the proposed
ordinance may be inspected by the public.
Before adopting an annexation ordinance, a municipality is required to prepare a report that contains:
8
Plans to provide urban services to the area to be annexed;
A map or maps of the municipality and adjacent territory showing the present and proposed
municipal boundaries, the present major trunk water mains and sewer interceptors and outfalls,
the proposed extensions of such mains and outfalls, and the general land use pattern in the
area to be annexed;
A statement certifying the area meets the annexation criteria specified in s. 171.043, F.S.; and
A statement setting forth the plans of the municipality for extending to the area to be annexed
each major municipal service performed within the municipality at the time of annexation.
1
Ss. 171.0413(1) and 171.044(1), F.S.
2
S. 171.031(11), F.S. An area may be contiguous to a municipality even if it is separated by a county-owned public park, a right-of-way,
a body of water, or other minor geographic division, as long as those areas do not prevent the annexing municipality and the area being
annexed from being a “unified whole with respect to municipal services.”
3
S. 171.031(12), F.S.
4
S. 171.045, F.S.
5
S. 171.043, F.S.
6
S. 171.0413(1), F.S. A non-emergency ordinance is adopted using standing procedures specified by s. 166.041, F.S.
7
S. 171.042(3), F.S.
8
S. 171.042(1), F.S. STORAGE NAME: h0471e.SAC PAGE: 3
DATE: 2/1/2022
The governing body of the municipality must file a copy of the report with the governing body of the
county within 15 days of the commencement of annexation procedures.
9
Failure to submit the report to
the county in a timely manner may invalidate the annexation.
The municipality must submit the adopted annexation ordinance to a referendum in the area to be
annexed.
10
The municipality may also choose to submit the ordinance to the voters of the municipality
for approval. If more than 70 percent of the area to be annexed is not owned by registered voters, the
municipality must obtain the consent of landowners owning at least 50 percent of area to be annexed
before conducting the referendum.
11
The referendum may be conducted during the next regularly
scheduled election or at a special election.
12
The referendum must not be held until at least 30 days
after the adoption of the ordinance and must be advertised in a newspaper of general circulation in the
area to be annexed.
13
If the referendum is approved by the voters, the annexation occurs on the
effective date provided by the ordinance.
14
If the voters reject annexation, the municipality may not
propose annexation of the same area in the two years following the referendum.
Alternatively, the owner(s) of real property in a contiguous, reasonably compact, and unincorporated
area of the county may petition a municipality for annexation.
15
The municipality must determine that all
land owners in the area to be annexed have signed the petition and publish notice of the annexation
before passing an ordinance annexing the area. A copy of the ordinance, including a map and a metes-
and-bounds legal description of the area, must be filed with the clerk of the circuit court, the chief
administrative officer of the county, and the Department of State within seven days after adopting the
annexation ordinance. An area may not be annexed using this process if the annexation would result in
the creation of an enclave.
16
Annexation of Enclaves
An enclave is any unincorporated improved or developed area that is either enclosed on all sides by a
single municipality or by a single municipality and a natural or manmade obstacle that requires
vehicular traffic to the area to pass through the municipality.
17
The existence of enclaves creates
problems for urban planning, growth management, and service delivery and therefore the Legislature
established the elimination of enclaves as official state policy.
18
Enclaves of 110 acres or less may be
annexed by an interlocal agreement between the municipality and the county having jurisdiction over
the enclave or, if the enclave has fewer than 25 registered voters, a referendum approved by at least
60 percent of those registered voters.
19
Town of Lake Clarke Shores
20
The present location of the Town of Lake Clarke Shores was the site of a pineapple farm in the early
1900’s owned by John Clarke. Mr. Clarke, an avid fisherman, named the lake after himself. The
construction of the C-51 Canal from Lake Okeechobee to the Atlantic Ocean in 1917 reduced the water
level of the lake dramatically, turning most of the area into marsh. Much of the land exposed by the
reduction in the water level was sold by the state in the 1940s to a local attorney named William
Travers. Mr. Travers dredged and reshaped the lake before beginning to sell lots in 1949. A bridge
9
S. 171.042(2), F.S.
10
S. 171.0413(2), F.S.
11
S. 171.0413(5), F.S.
12
S. 171.0413(2)(a), F.S.
13
S. 171.0413(2)(a)-(b), F.S.
14
S. 171.0413(2)(e), F.S.
15
S. 171.044, F.S.
16
S. 171.044(5), F.S.
17
S. 171.031(13), F.S.
18
S. 171.046(1), F.S.
19
S. 171.046(2), F.S.
20
See generally Lake Clarke Shores, Palm Beach County Historical Society, http://www.pbchistoryonline.org/page/lake-clarke-shores
(last accessed Jan. 14, 2022) and Town History, Town of Lake Clarke Shores, https://www.townoflcs.com/community/page/town-history
(last accessed Jan. 14, 2022). STORAGE NAME: h0471e.SAC PAGE: 4
DATE: 2/1/2022
across the canal was constructed in 1953, sparking further development. Fearing potential annexation
by West Palm Beach, the Town of Lake Clarke Shores was incorporated in 1957.
21
The current municipal area of the Town of Lake Clarke Shores is bounded by Florida Mango Road,
Carambola Road, and two canals, with the exception of a tract of land approximately 33 acres in area
that is not within the municipal boundary, but is only accessible by Florida Mango Road or roads that
run through the municipality.
22
Effects of Proposed Changes
The bill provides a legal description of an area of approximately 33 acres that lies contiguous, adjacent,
and almost completely surrounded by the present municipal boundary of the Town of Lake Clarke
Shores, and provides that the area is considered an enclave of the town for the purposes of municipal
annexation.
B. SECTION DIRECTORY:
Section 1: Provides a legal description for an area bounded by the Town of Lake Clarke Shores on
all sides except for a portion that is bounded by Florida Mango Road.
Section 2: Provides that the area described in section 1 of the bill is considered an enclave of the
Town of Lake Clarke Shores for the purpose of municipal annexation.
Section 3: Provides that the act takes effect upon becoming a law.
II. NOTICE/REFERENDUM AND OTHE R REQUIREMENTS
A. NOTICE PUBLISHED? Yes [x] No []
IF YES, WHEN? September 24, 2021.
WHERE? The Palm Beach Post, a daily newspaper of general circulation in Palm Beach
County, Florida.
B. REFERENDUM(S) REQUIRED? Yes [] No [x]
IF YES, WHEN?
C. LOCAL BILL CERTIFICATION FILED? Yes [x] No []
D. ECONOMIC IMPACT STATEMENT FILED? Yes [x] No []
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
None.
B. RULE-MAKING AUTHORITY:
The bill neither requires nor provides authority for administrative agency rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
21
Ch. 57-1478, L.O.F.
22
A map of the current boundaries of the municipality as well as the proposed area of annexation is attached as Appendix A. STORAGE NAME: h0471e.SAC PAGE: 5
DATE: 2/1/2022
Pursuant to House Rule 5.5(b), a local bill providing an exemption from general law may not be placed
on the Special Order Calendar for expedited consideration. The provisions of House Rule 5.5(b) appear
to apply to this bill.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
None.
APPENDIX A
Map of the Town of Lake Clarke Shores And Area to be Annexed (In Red)
STORAGE NAME: h0471e.SAC PAGE: 6
DATE: 2/1/2022