STORAGE NAME: h0275.IAS
DATE: 3/17/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 275
TITLE: Annexing State-owned Lands
SPONSOR(S): Albert
COMPANION BILL: CS/SB 384 (Burton)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Intergovernmental Affairs
State Affairs
SUMMARY
Effect of the Bill:
The bill requires a municipality seeking to annex state-owned lands to provide notification to the legislative
delegation of the county in which the land is located at the time the first public hearing on the annexation
ordinance is noticed.
Fiscal or Economic Impact:
None
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill requires a municipality seeking to annex state-owned lands to notify the county legislative delegation of
the county in which the land is located at the time the advertisement for the first public hearing on the annexation
ordinance is noticed. (Section 1)
The bill reenacts several sections to incorporate the changes to s. 171.0413, F.S. made by the bill. (Section 2 and 3)
The effective date of the bill is July 1, 2025. (Section 4)
RELEVANT INFORMATION
SUBJECT OVERVIEW:
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.
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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. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
The governing body of a municipality may only propose annexation of an area that is contiguous, reasonably
compact, and is either:
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.”
5
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 feasibility study that contains:
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.
8
The governing body of the municipality must file a copy of the feasibility study 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 acreage in area to be annexed is not owned by registered voters, the municipality must obtain the
consent of landowners owning at least 50 percent of the acreage in 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.
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.
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. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
If the area to be annexed has no registered electors, the area may be annexed without a referendum if the
municipality obtains the consent of landowners representing both 50 percent of acreage and 50 percent of the
parcels in the area be annexed.
15
Legislative Delegations
A county legislative delegation consists of all members of the Senate and House of Representatives that represent
the county.
16 The county legislative delegation is responsible for initial consideration of proposed local bills and
listening to appropriation requests from members of the community.
17
Current law requires relevant county legislative delegations to be informed of certain activities and receive certain
reports, including:
A semi-annual report by the Biscayne Bay Commission,
18
A biennial audit report of the indigent care and trauma center surtax trust fund, for counties that levy that
sales surtax,
19 and
Notification by the Division of State Lands if state-owned lands within the county are subject to annexation
procedures.
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BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Intergovernmental Affairs
Subcommittee
Darden Darden
State Affairs Committee
15
S 171.0413(6), F.S.
16
See e.g., Palm Beach County, Legislative Delegation (last visited Mar. 13, 2025).
17
See id. See also Intergovernmental Affairs Subcommittee, Local Bill Policies and Procedures Manual, p. 5 (last visited Mar. 13,
2025).
18
S. 163.11(7), F.S.
19
S. 212.055(4)(a)4.d., F.S.
20
S. 253.034(7)(b), F.S.