ARTICLE
15 August 2024

Orange County Clarifies Proposed Charter Amendment To Apply To All Voluntary Annexations And Approves New Rural Boundary

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Lowndes, Drosdick, Doster, Kantor & Reed

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After the Florida Legislature blocked the Orange County Charter Review Committee's proposed Charter amendments, the Orange County Board of County Commissioners (BCC)...
United States Florida Real Estate and Construction
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After the Florida Legislature blocked the Orange County Charter Review Committee's proposed Charter amendments, the Orange County Board of County Commissioners (BCC) has taken on the initiative by proposing ordinances suggesting similar Charter amendments pertaining to establishment of a Rural Boundary and voluntary annexations, as initially discussed in Orange County Continues to Push Charter Amendments Pertaining to the Rural Boundary and Voluntary Annexations.

On July 30, 2024, the BCC voted to approve the new Rural Boundary Charter amendment and also made a significant clarification regarding the proposed Charter amendment affecting voluntary annexations.

Voluntary Annexation

As currently drafted, Orange County has clarified the proposed Charter amendment pertaining to voluntary annexations applies to all voluntary annexations except for property located within a municipal joint planning area that has been established through a joint planning agreement between an annexing municipality and Orange County. Regardless of whether the subject property is located inside or outside of the Rural Boundary, voluntary annexations subject to the amendment will require an affirmative vote of a majority of the BCC plus one vote.

The proposed Charter amendment requires that notices be sent via U.S. Mail to all property owners with a 2-mile radius of the subject property at least 30 days prior to the BCC's consideration of the proposed annexation. The annexing municipality must also enter into an interlocal agreement with Orange County detailing the provision of essential public services, infrastructure maintenance, and future land use.

Additionally, the Charter amendment also provides that Orange County will exclusively govern the development regulations of lands lying within rural areas even after they have been annexed into a neighboring municipality.

Next Steps

The BCC is set to vote on the revised voluntary annexation Charter amendment on August 13, 2024.

If approved by the BCC, the voluntary annexation amendment will join the Rural Boundary amendment on the November 5, 2024, ballot.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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