FL
Florida House Bill H0275

Florida 2025 Regular Session

Florida House Bill H0275 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 annexing state -owned lands; 2
1616 amending s. 171.0413, F.S.; requiring a municipality 3
17-proposing to annex state -owned lands to notify each 4
18-member of the legislative delegation of the county at 5
19-a certain time; reenacting ss. 101.6102(5) and 6
20-171.042, F.S., relating to mail ballot elections and 7
21-limitations and prerequisites to annexation, 8
22-respectively, to incorporate the amendment made to s. 9
23-171.0413, F.S., in references thereto; providing an 10
24-effective date. 11
25- 12
26-Be It Enacted by the Legislature of the State of Florida: 13
27- 14
28- Section 1. Subsection (1) of section 171.0413, Florida 15
29-Statutes, is amended to read: 16
30- 171.0413 Annexation procedures. —Any municipality may annex 17
31-contiguous, compact, unincorporated territory in the following 18
32-manner: 19
33- (1) An ordinance proposing to annex an area of contiguous, 20
34-compact, unincorporated territory must shall be adopted by the 21
35-governing body of the annexing municipality p ursuant to the 22
36-procedure for the adoption of a nonemergency ordinance 23
37-established by s. 166.041. 24
38- (a) Before Prior to the adoption of the ordinance of 25
17+proposing to annex state -owned lands to notify the 4
18+county legislative delegation at a certain time; 5
19+reenacting ss. 101.6102(5) and 171.042, F.S., relating 6
20+to mail ballot elections and limitations and 7
21+prerequisites to annexation, respectively, to 8
22+incorporate the amendment made to s. 171.0413, F.S., 9
23+in references thereto; providing an effective date. 10
24+ 11
25+Be It Enacted by the Legislature of the State of Florida: 12
26+ 13
27+ Section 1. Subsection (1) of section 171.0413, Florida 14
28+Statutes, is amended to read: 15
29+ 171.0413 Annexation procedures. —Any municipality may annex 16
30+contiguous, compact, unincorporated territory in the following 17
31+manner: 18
32+ (1) An ordinance proposing to annex an area of contiguous, 19
33+compact, unincorporated territory must shall be adopted by the 20
34+governing body of the annexing municipality pursuant to the 21
35+procedure for the adoption of a nonemergency ordinance 22
36+established by s. 166.041. 23
37+ (a) Before Prior to the adoption of the ordinance of 24
38+annexation, the local governing body shall hold at least two 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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51-annexation, the local governing body shall hold at least two 26
52-advertised public hearings. The first publi c hearing must shall 27
53-be on a weekday at least 7 days after the day that the first 28
54-advertisement is published. The second public hearing must shall 29
55-be held on a weekday at least 5 days after the day that the 30
56-second advertisement is published. Each such ordi nance shall 31
57-propose only one reasonably compact area to be annexed. 32
58- (b) A municipality seeking to annex state -owned lands 33
59-must, in writing or by e -mail, notify each member of the 34
60-legislative delegation of the county in which the land is 35
61-located when the advertisement for the first public hearing is 36
62-published. 37
63- (c) Before However, prior to the ordinance of annexation 38
64-becomes becoming effective, a referendum on annexation must 39
65-shall be held as set out below, and, if approved by the 40
66-referendum, the ordinanc e shall become effective 10 days after 41
67-the referendum or as otherwise provided in the ordinance, but 42
68-not more than 1 year following the date of the referendum. 43
69- Section 2. For the purpose of incorporating the amendment 44
70-made by this act to section 171.04 13, Florida Statutes, in a 45
71-reference thereto, subsection (5) of section 101.6102, Florida 46
72-Statutes, is reenacted to read: 47
73- 101.6102 Mail ballot elections; limitations. — 48
74- (5) Nothing in this section shall be construed to prohibit 49
75-the use of a mail ballot election in a municipal annexation 50
51+advertised public hearings. The first public hearing must shall 26
52+be on a weekday at least 7 days after the day that the first 27
53+advertisement is published. The second public hearing must shall 28
54+be held on a weekday at least 5 days after the day that the 29
55+second advertisement is published. Each such ordinance may shall 30
56+propose only one reasonably compact area to be annexed. 31
57+ (b) A municipality seeking to annex state -owned lands 32
58+must, in writing or by e -mail, notify the county legislative 33
59+delegation of the county in which the land is located when the 34
60+advertisement for the f irst public hearing is published. 35
61+ (c) Before However, prior to the ordinance of annexation 36
62+becomes becoming effective, a referendum on annexation must 37
63+shall be held as set out below, and, if approved by the 38
64+referendum, the ordinance shall become effectiv e 10 days after 39
65+the referendum or as otherwise provided in the ordinance, but 40
66+not more than 1 year following the date of the referendum. 41
67+ Section 2. For the purpose of incorporating the amendment 42
68+made by this act to section 171.0413, Florida Statutes, i n a 43
69+reference thereto, subsection (5) of section 101.6102, Florida 44
70+Statutes, is reenacted to read: 45
71+ 101.6102 Mail ballot elections; limitations. — 46
72+ (5) Nothing in this section shall be construed to prohibit 47
73+the use of a mail ballot election in a municipal annexation 48
74+referendum requiring separate vote of the registered electors of 49
75+the annexing municipality and of the area proposed to be 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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88-referendum requiring separate vote of the registered electors of 51
89-the annexing municipality and of the area proposed to be 52
90-annexed. If a mail ballot election is authorized for a municipal 53
91-annexation referendum, the provisi ons of ss. 101.6101-101.6107 54
92-shall control over any conflicting provisions of s. 171.0413. 55
93- Section 3. For the purpose of incorporating the amendment 56
94-made by this act to section 171.0413, Florida Statutes, in 57
95-references thereto, section 171.042, Florida Statutes, is 58
96-reenacted to read: 59
97- 171.042 Prerequisites to annexation. — 60
98- (1) Before commencing the annexation procedures under s. 61
99-171.0413, the governing body of the municipality shall prepare a 62
100-feasibility study setting forth the plans to provide urban 63
101-services to any area to be annexed, and the feasibility study 64
102-must include the following: 65
103- (a) A map or maps of the municipality and adjacent 66
104-territory showing the present and proposed municipal boundaries, 67
105-the present major trunk water mains and sewer interceptors and 68
106-outfalls, the proposed extensions of such mains and outfalls, as 69
107-required in paragraph (c), and the general land use pattern in 70
108-the area to be annexed. 71
109- (b) A statement certifying that the area to be annexed 72
110-meets the criteria in s. 171.0 43. 73
111- (c) A statement setting forth the plans of the 74
112-municipality for extending to the area to be annexed each major 75
88+annexed. If a mail ballot election is authorized for a municipal 51
89+annexation referendum, the provisions of ss. 101.6101 -101.6107 52
90+shall control over any conflicting provisions of s. 171.0413. 53
91+ Section 3. For the purpose of incorporating the amendment 54
92+made by this act to section 171.0413, Florida Statutes, in 55
93+references thereto, section 171.042, Florida Statutes, is 56
94+reenacted to read: 57
95+ 171.042 Prerequisites to annexation. — 58
96+ (1) Before commencing the annexation procedures under s. 59
97+171.0413, the governing body of the municipality shall prepare a 60
98+feasibility study setting forth the plans to provide urban 61
99+services to any area to be annexed, and the feasibility study 62
100+must include the following: 63
101+ (a) A map or maps of the municipality and adjacent 64
102+territory showing the present and proposed municipal boundaries, 65
103+the present major trunk water mains and sewer interceptors and 66
104+outfalls, the proposed extensions of such mains and outfalls, as 67
105+required in paragraph (c), and the general land use pattern in 68
106+the area to be annexed. 69
107+ (b) A statement certifying that the area to be annexed 70
108+meets the criteria in s. 171.043. 71
109+ (c) A statement setting forth the plans of the 72
110+municipality for extending to the area to be annexed each major 73
111+municipal service performed within the municipality at the time 74
112+of annexation. Specifically, such plans must: 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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125-municipal service performed within the municipality at the time 76
126-of annexation. Specifically, such plans must: 77
127- 1. Provide for extending ur ban services except as 78
128-otherwise provided in this subsection to the area to be annexed 79
129-on the date of annexation on substantially the same basis and in 80
130-the same manner as such services are provided within the rest of 81
131-the municipality before annexation. 82
132- 2. Provide for the extension of existing municipal water 83
133-and sewer services into the area to be annexed so that, when 84
134-such services are provided, property owners in the area to be 85
135-annexed will be able to secure public water and sewer service 86
136-according to the policies in effect in such municipality for 87
137-extending water and sewer lines to individual lots or 88
138-subdivisions. 89
139- 3. If extension of major trunk water mains and sewer mains 90
140-into the area to be annexed is necessary, set forth a proposed 91
141-timetable for construction of such mains as soon as possible 92
142-following the effective date of annexation. 93
143- 4. Set forth the method under which the municipality plans 94
144-to finance extension of services into the area to be annexed. 95
145- (2) Not fewer than 15 days before commencing the 96
146-annexation procedures under s. 171.0413, the governing body of 97
147-the municipality shall file a copy of the feasibility study 98
148-required by this section with the board of county commissioners 99
149-of the county in which the municipality is located. Failure to 100
125+ 1. Provide for extending urban services exce pt as 76
126+otherwise provided in this subsection to the area to be annexed 77
127+on the date of annexation on substantially the same basis and in 78
128+the same manner as such services are provided within the rest of 79
129+the municipality before annexation. 80
130+ 2. Provide for the extension of existing municipal water 81
131+and sewer services into the area to be annexed so that, when 82
132+such services are provided, property owners in the area to be 83
133+annexed will be able to secure public water and sewer service 84
134+according to the policies in eff ect in such municipality for 85
135+extending water and sewer lines to individual lots or 86
136+subdivisions. 87
137+ 3. If extension of major trunk water mains and sewer mains 88
138+into the area to be annexed is necessary, set forth a proposed 89
139+timetable for construction of such mains as soon as possible 90
140+following the effective date of annexation. 91
141+ 4. Set forth the method under which the municipality plans 92
142+to finance extension of services into the area to be annexed. 93
143+ (2) Not fewer than 15 days before commencing the 94
144+annexation procedures under s. 171.0413, the governing body of 95
145+the municipality shall file a copy of the feasibility study 96
146+required by this section with the board of county commissioners 97
147+of the county in which the municipality is located. Failure to 98
148+timely file the feasibility study as required in this subsection 99
149+may be the basis for a cause of action to invalidate the 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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162-timely file the feasibility study as required in this subsection 101
163-may be the basis for a cause of action to invalidate the 102
164-annexation. 103
165- (3) The governing body of the municipality shall, not less 104
166-than 10 days prior to the date set for the first public hearin g 105
167-required by s. 171.0413(1), mail a written notice to each person 106
168-who resides or owns property within the area proposed to be 107
169-annexed. The notice must describe the annexation proposal, the 108
170-time and place for each public hearing to be held regarding the 109
171-annexation, and the place or places within the municipality 110
172-where the proposed ordinance may be inspected by the public. A 111
173-copy of the notice must be kept available for public inspection 112
174-during the regular business hours of the office of the clerk of 113
175-the governing body. 114
176- Section 4. This act shall take effect July 1, 2025. 115
162+annexation. 101
163+ (3) The governing body of the municipality shall, not less 102
164+than 10 days prior to the date set for the first public hearing 103
165+required by s. 171.0413(1), mail a written notice to each person 104
166+who resides or owns property within the area proposed to be 105
167+annexed. The notice must describe the annexation proposal, the 106
168+time and place for each public hearing to be held regarding the 107
169+annexation, and the place or places within the municipality 108
170+where the proposed ordinance may be inspected by the public. A 109
171+copy of the notice must be kept available for public inspection 110
172+during the regular business hours of the office of the clerk of 111
173+the governing body. 112
174+ Section 4. This act shall take effect July 1, 2025. 113