FL
Florida House Bill H0653

Florida 2023 Regular Session

Florida House Bill H0653 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to municipal annexation and 2
1616 contraction; amending s. 171.031, F.S.; defining the 3
1717 term "feasibility study"; amending s. 171.0413, F.S.; 4
1818 revising annexation procedures; amending s. 171.042, 5
1919 F.S.; revising prerequisites to annexation; amending 6
2020 s. 171.051, F.S.; revising contraction procedures; 7
2121 making editorial revisions; providing an effective 8
2222 date. 9
2323 10
2424 Be It Enacted by the Legislature of the State of Florida: 11
2525 12
2626 Section 1. Subsection (14) is added to section 171.031, 13
2727 Florida Statutes, to read: 14
2828 171.031 Definitions. —As used in this chapter, the 15
2929 following words and terms have the following meanings unless 16
3030 some other meaning is plainly indicated: 17
3131 (14) "Feasibility study" means an analysis conducted by 18
3232 qualified staff or consultants of the economic, market, 19
3333 technical, financial, and management feasibility of the proposed 20
3434 annexation or contraction, as applicable. 21
3535 Section 2. Section 171.0413, Flor ida Statutes, is amended 22
3636 to read: 23
3737 171.0413 Annexation procedures. —Any municipality may annex 24
3838 contiguous, compact, unincorporated territory in the following 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 manner: 26
5252 (1) An ordinance proposing to annex an area of contiguous, 27
5353 compact, unincorporated terri tory shall be adopted by the 28
5454 governing body of the annexing municipality pursuant to the 29
5555 procedure for the adoption of a nonemergency ordinance 30
5656 established by s. 166.041. Before Prior to the adoption of the 31
5757 ordinance of annexation, the local governing body shall hold at 32
5858 least two advertised public hearings. The first public hearing 33
5959 shall be held on a weekday at least 7 days after the day that 34
6060 the first advertisement is published. The second public hearing 35
6161 shall be held on a weekday at least 5 days after the day that 36
6262 the second advertisement is published. Each such ordinance shall 37
6363 propose only one reasonably compact area to be annexed. However, 38
6464 before prior to the ordinance of annexation becoming effective, 39
6565 a referendum on annexation shall be held as set out below, and, 40
6666 if approved by the referendum, the ordinance shall become 41
6767 effective 10 days after the referendum or as otherwise provided 42
6868 in the ordinance, but not more than 1 year following the date of 43
6969 the referendum. 44
7070 (2) Following the final adoption of the ordinance of 45
7171 annexation by the governing body of the annexing municipality, 46
7272 the ordinance shall be submitted to a vote of the registered 47
7373 electors of the area proposed to be annexed. The governing body 48
7474 of the annexing municipality may also choose to submit the 49
7575 ordinance of annexation to a separate vote of the registered 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 electors of the annexing municipality. The referendum on 51
8989 annexation shall be called and conducted and the expense thereof 52
9090 paid by the governing body of the annexing municipality. 53
9191 (a) The referendum on annexation shall be held at the next 54
9292 regularly scheduled election following the final adoption of the 55
9393 ordinance of annexation by the governing body of the annexing 56
9494 municipality or at a special election called for the purpose of 57
9595 holding the referendum. However, the referendum, whether held at 58
9696 a regularly scheduled election or at a special election, may 59
9797 shall not be held sooner than 30 days following the final 60
9898 adoption of the ordinance by the governing body of the annexing 61
9999 municipality. 62
100100 (b) The governing body of the annexing municipality shall 63
101101 publish notice of the referendum on annexation at least once 64
102102 each week for 2 consecutive weeks immediately preceding the date 65
103103 of the referendum in a newspaper of general circulation in the 66
104104 area in which the referendum is to be held. The notice shall 67
105105 give the ordinance number, the time and places for the 68
106106 referendum, and a brief, general description of the area 69
107107 proposed to be annexed. The description shall include a map 70
108108 clearly showing the area and a statemen t that the complete legal 71
109109 description by metes and bounds and the ordinance can be 72
110110 obtained from the office of the city clerk. 73
111111 (c) On the day of the referendum on annexation , there 74
112112 shall be prominently displayed at each polling place a copy of 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125125 the ordinance of annexation and a description of the property 76
126126 proposed to be annexed. The description shall be by metes and 77
127127 bounds and shall include a map clearly showing such area. 78
128128 (d) Ballots or mechanical voting devices used in the 79
129129 referendum on annexation shal l offer the choice "For annexation 80
130130 of property described in ordinance number .... of the City of 81
131131 ...." and "Against annexation of property described in ordinance 82
132132 number .... of the City of ...." in that order. 83
133133 (e) If the referendum on annexation is held only in the 84
134134 area proposed to be annexed and receives a majority vote, or if 85
135135 the ordinance of annexation is submitted to a separate vote of 86
136136 the registered electors of the annexing municipality and the 87
137137 area proposed to be annexed and there is a separate majo rity 88
138138 vote for annexation in the annexing municipality and in the area 89
139139 proposed to be annexed, the ordinance of annexation becomes 90
140140 shall become effective on the effective date specified therein. 91
141141 If there is any majority vote against the referendum on 92
142142 annexation, the ordinance of annexation is not shall not become 93
143143 effective, and the area proposed to be annexed must shall not be 94
144144 the subject of an annexation ordinance by the annexing 95
145145 municipality for a period of 2 years from the date of the 96
146146 referendum on annexa tion. 97
147147 (3) Any tract or parcel of land which is owned by one 98
148148 person individual, corporation, or legal entity, or owned 99
149149 collectively by one or more persons individuals, corporations, 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162162 or legal entities, proposed to be annexed or annexed under the 101
163163 provisions of this act may shall not be severed, separated, 102
164164 divided, or partitioned by the provisions of said ordinance of 103
165165 annexation, but shall, if intended to be annexed, or if annexed, 104
166166 under the provisions of this act, be annexed in its entirety and 105
167167 as a whole. However, nothing herein contained in this subsection 106
168168 affects shall be construed as affecting the validity or 107
169169 enforceability of any ordinance of annexation declaring an 108
170170 intention to annex land under the existing law that has been 109
171171 enacted by a municipality before prior to July 1, 1975. An The 110
172172 owner of such land property may waive the requirements of this 111
173173 subsection if the such owner does not desire all of the tract or 112
174174 parcel of land to be included in said annexation. 113
175175 (4) Except as otherwise provided in this act law, the 114
176176 annexation procedure as set forth in this section shall 115
177177 constitute a uniform method for the adoption of an ordinance of 116
178178 annexation by the governing body of any municipality in this 117
179179 state, and all existing provisions of special laws which 118
180180 establish municipal annexation procedures are repealed hereby; 119
181181 except that any provision or provisions of special law or laws 120
182182 which prohibits prohibit annexation of territory that is 121
183183 separated from the annexing municipality by a body of water or 122
184184 watercourse may shall not be repealed. 123
185185 (5) If more than 70 percent of the acres of land in an 124
186186 area proposed to be annexed is owned by persons individuals, 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199199 corporations, or legal entities that which are not registered 126
200200 electors of such area, such area may shall not be annexed unless 127
201201 the owners of more than 50 percent of the acres of land in such 128
202202 area consent to such annexation. Such consent shall be obtained 129
203203 by the parties proposing the annexation before prior to the 130
204204 referendum to be held on the annexation. 131
205205 (6) Notwithstanding subsections (1) and (2), if the area 132
206206 proposed to be annexed does not have any registered electors on 133
207207 the date the ordinance is finally adopted, a vote of electors of 134
208208 the area proposed to be annexed is not required. In addition to 135
209209 the requirements of subsection (5), the area may not be annexed 136
210210 unless the owners of more than 50 percent of the parcels of land 137
211211 in the area proposed to be annexed consent to the annexation. If 138
212212 the governing body does not choose to hold a referendum of the 139
213213 annexing municipality pursuant to subsection (2), then the 140
214214 property owner consents required pursuant to subsection (5) 141
215215 shall be obtained by the parties proposing the annexation prior 142
216216 to the final adoption of the ordinance, and the annexation 143
217217 ordinance shall be effective up on becoming a law or as otherwise 144
218218 provided in the ordinance. 145
219219 Section 3. Section 171.042, Florida Statutes, is amended 146
220220 to read: 147
221221 171.042 Prerequisites to annexation. — 148
222222 (1) Before Prior to commencing the annexation procedures 149
223223 under s. 171.0413, the gov erning body of the municipality shall 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236236 prepare a feasibility study report setting forth the plans to 151
237237 provide urban services to any area to be annexed, and the 152
238238 feasibility study report shall include the following: 153
239239 (a) A map or maps of the municipality and adjacent 154
240240 territory showing the present and proposed municipal boundaries, 155
241241 the present major trunk water mains and sewer interceptors and 156
242242 outfalls, the proposed extensions of such mains and outfalls, as 157
243243 required in paragraph (c), and the general land use pa ttern in 158
244244 the area to be annexed. 159
245245 (b) A statement certifying that the area to be annexed 160
246246 meets the criteria in s. 171.043. 161
247247 (c) A statement setting forth the plans of the 162
248248 municipality for extending to the area to be annexed each major 163
249249 municipal service performed within the municipality at the time 164
250250 of annexation. Specifically, such plans shall: 165
251251 1. Provide for extending urban services , except as 166
252252 otherwise provided herein , to the area to be annexed on the date 167
253253 of annexation on substantially the same basis and in the same 168
254254 manner as such services are provided within the rest of the 169
255255 municipality before prior to annexation. 170
256256 2. Provide for the extension of existing municipal water 171
257257 and sewer services into the area to be annexed so that, when 172
258258 such services are provided, property owners in the area to be 173
259259 annexed will be able to secure public water and sewer service 174
260260 according to the policies in effect in such municipality for 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273273 extending water and sewer lines to individual lots or 176
274274 subdivisions. 177
275275 3. If extension of m ajor trunk water mains and sewer mains 178
276276 into the area to be annexed is necessary, set forth a proposed 179
277277 timetable for construction of such mains as soon as possible 180
278278 following the effective date of annexation. 181
279279 4. Set forth the method under which the municip ality plans 182
280280 to finance extension of services into the area to be annexed. 183
281281 (2) Not fewer than 15 days before prior to commencing the 184
282282 annexation procedures under s. 171.0413, the governing body of 185
283283 the municipality shall file a copy of the feasibility study 186
284284 report required by this section with the board of county 187
285285 commissioners of the county in which wherein the municipality is 188
286286 located. Failure to timely file the feasibility study report as 189
287287 required in this subsection may be the basis for a cause of 190
288288 action to invalidate invalidating the annexation. 191
289289 (3) The governing body of the municipality shall, not 192
290290 fewer less than 10 days before prior to the date set for the 193
291291 first public hearing required by s. 171.0413(1), mail a written 194
292292 notice to each person who resides on or owns property within the 195
293293 area proposed to be annexed. The notice must describe the 196
294294 annexation proposal, the time and place for each public hearing 197
295295 to be held regarding the annexation, and the place or places 198
296296 within the municipality where the proposed ordinance may be 199
297297 inspected by the public. A copy of the notice must be made kept 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310310 available for public inspection during the regular business 201
311311 hours of the office of the clerk of the governing body. 202
312312 Section 4. Subsections (2), (4), (6), and (7) of secti on 203
313313 171.051, Florida Statutes, are amended, and subsection (11) is 204
314314 added to that section, to read: 205
315315 171.051 Contraction procedures. —Any municipality may 206
316316 initiate the contraction of municipal boundaries in the 207
317317 following manner: 208
318318 (2) A petition of 15 percen t of the qualified voters in an 209
319319 area desiring to be excluded from the municipal boundaries, 210
320320 filed with the clerk of the municipal governing body, may 211
321321 propose such an ordinance. The municipality to which such 212
322322 petition is directed shall immediately undertake a feasibility 213
323323 study of the feasibility of such proposal and the governing body 214
324324 shall, within 6 months, evaluate the feasibility study of such 215
325325 proposal and either initiate proceedings under subsection (1) by 216
326326 introducing a contraction ordinance or reject the petition as a 217
327327 legislative decision , specifically stating the facts upon which 218
328328 the rejection is based . 219
329329 (4) If, at the meeting held for the such purpose of 220
330330 considering the contraction ordinance introduced by the 221
331331 governing body, a petition is filed and si gned by at least 15 222
332332 percent of the qualified voters resident in the area proposed 223
333333 for contraction requesting a referendum on the question, the 224
334334 governing body shall, upon verification, paid for by the 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347347 municipality, of the sufficiency of the petition, and be fore 226
348348 passing such ordinance, submit the question of contraction to a 227
349349 vote of the qualified voters of the area proposed for 228
350350 contraction, or the governing body may vote not to contract the 229
351351 municipal boundaries. 230
352352 (6) The referendum, if required, shall be hel d at the next 231
353353 regularly scheduled election, or, if approved by a majority of 232
354354 the municipal governing body, at a special election held before 233
355355 prior to such election, but no sooner than 30 days after 234
356356 verification of the petition or passage of the resolution or 235
357357 ordinance calling for the referendum. 236
358358 (7) The municipal governing body shall establish the date 237
359359 of election and publish notice of the referendum election at 238
360360 least once a week for the 2 consecutive weeks immediately before 239
361361 prior to the election in a ne wspaper of general circulation in 240
362362 the area proposed to be excluded or in the municipality. Such 241
363363 notice shall give the time and place places for the election and 242
364364 a general description of the area to be excluded, which shall be 243
365365 in the form of a map clearly s howing the area proposed to be 244
366366 excluded. 245
367367 (11) If more than 70 percent of the acres of land in an 246
368368 area proposed to be contracted is owned by persons, 247
369369 corporations, or legal entities that are not registered electors 248
370370 of such area, such area may not be contr acted unless the owners 249
371371 of more than 50 percent of the acres of land in such area 250
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384384 consent to such contraction. Such consent shall be obtained by 251
385385 the parties proposing the contraction before the referendum to 252
386386 be held on the contraction. 253
387387 Section 5. This act shall take effect July 1, 2023. 254