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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
A bill to be entitled 1
An act relating to municipal annexation and 2
contraction; amending s. 171.031, F.S.; defining the 3
term "feasibility study"; amending s. 171.0413, F.S.; 4
revising annexation procedures; amending s. 171.042, 5
F.S.; revising prerequisites to annexation; amending 6
s. 171.051, F.S.; revising contraction procedures; 7
making editorial revisions; providing an effective 8
date. 9
10
Be It Enacted by the Legislature of the State of Florida: 11
12
Section 1. Subsection (14) is added to section 171.031, 13
Florida Statutes, to read: 14
171.031 Definitions. —As used in this chapter, the 15
following words and terms have the following meanings unless 16
some other meaning is plainly indicated: 17
(14) "Feasibility study" means an analysis conducted by 18
qualified staff or consultants of the economic, market, 19
technical, financial, and management feasibility of the proposed 20
annexation or contraction, as applicable. 21
Section 2. Section 171.0413, Flor ida Statutes, is amended 22
to read: 23
171.0413 Annexation procedures. —Any municipality may annex 24
contiguous, compact, unincorporated territory in the following 25
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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
manner: 26
(1) An ordinance proposing to annex an area of contiguous, 27
compact, unincorporated terri tory shall be adopted by the 28
governing body of the annexing municipality pursuant to the 29
procedure for the adoption of a nonemergency ordinance 30
established by s. 166.041. Before Prior to the adoption of the 31
ordinance of annexation, the local governing body shall hold at 32
least two advertised public hearings. The first public hearing 33
shall be held on a weekday at least 7 days after the day that 34
the first advertisement is published. The second public hearing 35
shall be held on a weekday at least 5 days after the day that 36
the second advertisement is published. Each such ordinance shall 37
propose only one reasonably compact area to be annexed. However, 38
before prior to the ordinance of annexation becoming effective, 39
a referendum on annexation shall be held as set out below, and, 40
if approved by the referendum, the ordinance shall become 41
effective 10 days after the referendum or as otherwise provided 42
in the ordinance, but not more than 1 year following the date of 43
the referendum. 44
(2) Following the final adoption of the ordinance of 45
annexation by the governing body of the annexing municipality, 46
the ordinance shall be submitted to a vote of the registered 47
electors of the area proposed to be annexed. The governing body 48
of the annexing municipality may also choose to submit the 49
ordinance of annexation to a separate vote of the registered 50
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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
electors of the annexing municipality. The referendum on 51
annexation shall be called and conducted and the expense thereof 52
paid by the governing body of the annexing municipality. 53
(a) The referendum on annexation shall be held at the next 54
regularly scheduled election following the final adoption of the 55
ordinance of annexation by the governing body of the annexing 56
municipality or at a special election called for the purpose of 57
holding the referendum. However, the referendum, whether held at 58
a regularly scheduled election or at a special election, may 59
shall not be held sooner than 30 days following the final 60
adoption of the ordinance by the governing body of the annexing 61
municipality. 62
(b) The governing body of the annexing municipality shall 63
publish notice of the referendum on annexation at least once 64
each week for 2 consecutive weeks immediately preceding the date 65
of the referendum in a newspaper of general circulation in the 66
area in which the referendum is to be held. The notice shall 67
give the ordinance number, the time and places for the 68
referendum, and a brief, general description of the area 69
proposed to be annexed. The description shall include a map 70
clearly showing the area and a statemen t that the complete legal 71
description by metes and bounds and the ordinance can be 72
obtained from the office of the city clerk. 73
(c) On the day of the referendum on annexation , there 74
shall be prominently displayed at each polling place a copy of 75
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the ordinance of annexation and a description of the property 76
proposed to be annexed. The description shall be by metes and 77
bounds and shall include a map clearly showing such area. 78
(d) Ballots or mechanical voting devices used in the 79
referendum on annexation shal l offer the choice "For annexation 80
of property described in ordinance number .... of the City of 81
...." and "Against annexation of property described in ordinance 82
number .... of the City of ...." in that order. 83
(e) If the referendum on annexation is held only in the 84
area proposed to be annexed and receives a majority vote, or if 85
the ordinance of annexation is submitted to a separate vote of 86
the registered electors of the annexing municipality and the 87
area proposed to be annexed and there is a separate majo rity 88
vote for annexation in the annexing municipality and in the area 89
proposed to be annexed, the ordinance of annexation becomes 90
shall become effective on the effective date specified therein. 91
If there is any majority vote against the referendum on 92
annexation, the ordinance of annexation is not shall not become 93
effective, and the area proposed to be annexed must shall not be 94
the subject of an annexation ordinance by the annexing 95
municipality for a period of 2 years from the date of the 96
referendum on annexa tion. 97
(3) Any tract or parcel of land which is owned by one 98
person individual, corporation, or legal entity, or owned 99
collectively by one or more persons individuals, corporations, 100
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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
or legal entities, proposed to be annexed or annexed under the 101
provisions of this act may shall not be severed, separated, 102
divided, or partitioned by the provisions of said ordinance of 103
annexation, but shall, if intended to be annexed, or if annexed, 104
under the provisions of this act, be annexed in its entirety and 105
as a whole. However, nothing herein contained in this subsection 106
affects shall be construed as affecting the validity or 107
enforceability of any ordinance of annexation declaring an 108
intention to annex land under the existing law that has been 109
enacted by a municipality before prior to July 1, 1975. An The 110
owner of such land property may waive the requirements of this 111
subsection if the such owner does not desire all of the tract or 112
parcel of land to be included in said annexation. 113
(4) Except as otherwise provided in this act law, the 114
annexation procedure as set forth in this section shall 115
constitute a uniform method for the adoption of an ordinance of 116
annexation by the governing body of any municipality in this 117
state, and all existing provisions of special laws which 118
establish municipal annexation procedures are repealed hereby; 119
except that any provision or provisions of special law or laws 120
which prohibits prohibit annexation of territory that is 121
separated from the annexing municipality by a body of water or 122
watercourse may shall not be repealed. 123
(5) If more than 70 percent of the acres of land in an 124
area proposed to be annexed is owned by persons individuals, 125
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corporations, or legal entities that which are not registered 126
electors of such area, such area may shall not be annexed unless 127
the owners of more than 50 percent of the acres of land in such 128
area consent to such annexation. Such consent shall be obtained 129
by the parties proposing the annexation before prior to the 130
referendum to be held on the annexation. 131
(6) Notwithstanding subsections (1) and (2), if the area 132
proposed to be annexed does not have any registered electors on 133
the date the ordinance is finally adopted, a vote of electors of 134
the area proposed to be annexed is not required. In addition to 135
the requirements of subsection (5), the area may not be annexed 136
unless the owners of more than 50 percent of the parcels of land 137
in the area proposed to be annexed consent to the annexation. If 138
the governing body does not choose to hold a referendum of the 139
annexing municipality pursuant to subsection (2), then the 140
property owner consents required pursuant to subsection (5) 141
shall be obtained by the parties proposing the annexation prior 142
to the final adoption of the ordinance, and the annexation 143
ordinance shall be effective up on becoming a law or as otherwise 144
provided in the ordinance. 145
Section 3. Section 171.042, Florida Statutes, is amended 146
to read: 147
171.042 Prerequisites to annexation. — 148
(1) Before Prior to commencing the annexation procedures 149
under s. 171.0413, the gov erning body of the municipality shall 150
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prepare a feasibility study report setting forth the plans to 151
provide urban services to any area to be annexed, and the 152
feasibility study report shall include the following: 153
(a) A map or maps of the municipality and adjacent 154
territory showing the present and proposed municipal boundaries, 155
the present major trunk water mains and sewer interceptors and 156
outfalls, the proposed extensions of such mains and outfalls, as 157
required in paragraph (c), and the general land use pa ttern in 158
the area to be annexed. 159
(b) A statement certifying that the area to be annexed 160
meets the criteria in s. 171.043. 161
(c) A statement setting forth the plans of the 162
municipality for extending to the area to be annexed each major 163
municipal service performed within the municipality at the time 164
of annexation. Specifically, such plans shall: 165
1. Provide for extending urban services , except as 166
otherwise provided herein , to the area to be annexed on the date 167
of annexation on substantially the same basis and in the same 168
manner as such services are provided within the rest of the 169
municipality before prior to annexation. 170
2. Provide for the extension of existing municipal water 171
and sewer services into the area to be annexed so that, when 172
such services are provided, property owners in the area to be 173
annexed will be able to secure public water and sewer service 174
according to the policies in effect in such municipality for 175
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extending water and sewer lines to individual lots or 176
subdivisions. 177
3. If extension of m ajor trunk water mains and sewer mains 178
into the area to be annexed is necessary, set forth a proposed 179
timetable for construction of such mains as soon as possible 180
following the effective date of annexation. 181
4. Set forth the method under which the municip ality plans 182
to finance extension of services into the area to be annexed. 183
(2) Not fewer than 15 days before prior to commencing the 184
annexation procedures under s. 171.0413, the governing body of 185
the municipality shall file a copy of the feasibility study 186
report required by this section with the board of county 187
commissioners of the county in which wherein the municipality is 188
located. Failure to timely file the feasibility study report as 189
required in this subsection may be the basis for a cause of 190
action to invalidate invalidating the annexation. 191
(3) The governing body of the municipality shall, not 192
fewer less than 10 days before prior to the date set for the 193
first public hearing required by s. 171.0413(1), mail a written 194
notice to each person who resides on or owns property within the 195
area proposed to be annexed. The notice must describe the 196
annexation proposal, the time and place for each public hearing 197
to be held regarding the annexation, and the place or places 198
within the municipality where the proposed ordinance may be 199
inspected by the public. A copy of the notice must be made kept 200
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available for public inspection during the regular business 201
hours of the office of the clerk of the governing body. 202
Section 4. Subsections (2), (4), (6), and (7) of secti on 203
171.051, Florida Statutes, are amended, and subsection (11) is 204
added to that section, to read: 205
171.051 Contraction procedures. —Any municipality may 206
initiate the contraction of municipal boundaries in the 207
following manner: 208
(2) A petition of 15 percen t of the qualified voters in an 209
area desiring to be excluded from the municipal boundaries, 210
filed with the clerk of the municipal governing body, may 211
propose such an ordinance. The municipality to which such 212
petition is directed shall immediately undertake a feasibility 213
study of the feasibility of such proposal and the governing body 214
shall, within 6 months, evaluate the feasibility study of such 215
proposal and either initiate proceedings under subsection (1) by 216
introducing a contraction ordinance or reject the petition as a 217
legislative decision , specifically stating the facts upon which 218
the rejection is based . 219
(4) If, at the meeting held for the such purpose of 220
considering the contraction ordinance introduced by the 221
governing body, a petition is filed and si gned by at least 15 222
percent of the qualified voters resident in the area proposed 223
for contraction requesting a referendum on the question, the 224
governing body shall, upon verification, paid for by the 225
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municipality, of the sufficiency of the petition, and be fore 226
passing such ordinance, submit the question of contraction to a 227
vote of the qualified voters of the area proposed for 228
contraction, or the governing body may vote not to contract the 229
municipal boundaries. 230
(6) The referendum, if required, shall be hel d at the next 231
regularly scheduled election, or, if approved by a majority of 232
the municipal governing body, at a special election held before 233
prior to such election, but no sooner than 30 days after 234
verification of the petition or passage of the resolution or 235
ordinance calling for the referendum. 236
(7) The municipal governing body shall establish the date 237
of election and publish notice of the referendum election at 238
least once a week for the 2 consecutive weeks immediately before 239
prior to the election in a ne wspaper of general circulation in 240
the area proposed to be excluded or in the municipality. Such 241
notice shall give the time and place places for the election and 242
a general description of the area to be excluded, which shall be 243
in the form of a map clearly s howing the area proposed to be 244
excluded. 245
(11) If more than 70 percent of the acres of land in an 246
area proposed to be contracted is owned by persons, 247
corporations, or legal entities that are not registered electors 248
of such area, such area may not be contr acted unless the owners 249
of more than 50 percent of the acres of land in such area 250
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consent to such contraction. Such consent shall be obtained by 251
the parties proposing the contraction before the referendum to 252
be held on the contraction. 253
Section 5. This act shall take effect July 1, 2023. 254