Florida Statute 171.031 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XII
MUNICIPALITIES

Chapter 171
LOCAL GOVERNMENT BOUNDARIES

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F.S. 171.031

171.031 Definitions.—As used in this chapter, the following words and terms have the following meanings unless some other meaning is plainly indicated:

(1) “Annexation” means the adding of real property to the boundaries of an incorporated municipality, such addition making such real property in every way a part of the municipality.

(2) “Compactness” means concentration of a piece of property in a single area and precludes any action which would create enclaves, pockets, or finger areas in serpentine patterns. Any annexation proceeding in any county in this state must be designed in such a manner as to ensure that the area will be reasonably compact.

(3) “Contiguous” means that a substantial part of a boundary of the territory sought to be annexed by a municipality is coterminous with a part of the boundary of the municipality. The separation of the territory sought to be annexed from the annexing municipality by a publicly owned county park; a right-of-way for a highway, road, railroad, canal, or utility; or a body of water, watercourse, or other minor geographical division of a similar nature, running parallel with and between the territory sought to be annexed and the annexing municipality, may not prevent annexation under this act, provided the presence of such a division does not, as a practical matter, prevent the territory sought to be annexed and the annexing municipality from becoming a unified whole with respect to municipal services or prevent their inhabitants from fully associating and trading with each other, socially and economically. However, nothing in this subsection may be construed to allow local rights-of-way, utility easements, railroad rights-of-way, or like entities to be annexed in a corridor fashion to gain contiguity; and when any provision of any special law prohibits the annexation of territory that is separated from the annexing municipality by a body of water or watercourse, then that law shall prevent annexation under this act.

(4) “Contraction” means the reversion of real property within municipal boundaries to an unincorporated status.

(5) “Enclave” means:

(a) Any unincorporated improved or developed area that is enclosed within and bounded on all sides by a single municipality; or

(b) Any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or manmade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality.

(6) “Feasibility study” means an analysis conducted by qualified staff or consultants of the economic, market, technical, financial, and management feasibility of the proposed annexation or contraction, as applicable.

(7) “Municipality” means a municipality created pursuant to general or special law authorized or recognized pursuant to s. 2 or s. 6, Art. VIII of the State Constitution.

(8) “Newspaper of general circulation” means a newspaper printed in the language most commonly spoken in the area within which it circulates, which is readily available for purchase by all inhabitants in its area of circulation, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper whose primary function is to carry legal notices, or a newspaper that is given away primarily to distribute advertising.

(9) “Parties affected” means any persons or firms owning property in, or residing in, either a municipality proposing annexation or contraction or owning property that is proposed for annexation to a municipality or any governmental unit with jurisdiction over such area.

(10) “Qualified voter” means any person registered to vote in accordance with law.

(11) “Sufficiency of petition” means the verification of the signatures and addresses of all signers of a petition with the voting list maintained by the county supervisor of elections and certification that the number of valid signatures represents the required percentage of the total number of qualified voters in the area affected by a proposed annexation.

(12) “Urban in character” means an area used intensively for residential, urban recreational or conservation parklands, commercial, industrial, institutional, or governmental purposes or an area undergoing development for any of these purposes.

(13) “Urban purposes” means that land is used intensively for residential, commercial, industrial, institutional, and governmental purposes, including any parcels of land retained in their natural state or kept free of development as dedicated greenbelt areas.

(14) “Urban services” means any services offered by a municipality, either directly or by contract, to any of its present residents.

History.—s. 1, ch. 74-190; s. 1, ch. 75-297; s. 75, ch. 81-259; s. 1, ch. 84-148; s. 15, ch. 93-206; s. 2, ch. 2023-305.

F.S. 171.031 on Google Scholar

F.S. 171.031 on Casetext

Amendments to 171.031

Arrestable Offenses / Crimes under Fla. Stat. 171.031

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 171.031.

Annotations, Discussions, Cases:

Cases Citing Statute 171.031

Total Results: 20

MATLACHA CIVIC ASSOC., INC. v. CITY OF CAPE CORAL, FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-22T00:53:00-07:00

Snippet: located seeking review by certiorari. Section 171.031(5) defines "parties affected" as "…quot;parties affected" as defined by section 171.031(5). The City argued that standing…quot;parties affected" as defined by section 171.031(5). Based on this determination, it …party "affected" pursuant to section 171.031(5), Florida Statutes (2003), presumably because…definition of "parties affected" in section 171.031(5) to determine whether the Matlacha petitioners

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Court: Fla. Att'y Gen. | Date Filed: 2007-09-24T00:53:00-07:00

Snippet: certiorari review in circuit court. 8 Section 171.031(5), Fla. Stat. Florida Attorney General

Pinellas County v. City of Largo

Court: Fla. Dist. Ct. App. | Date Filed: 2007-09-19T00:53:00-07:00

Citation: 964 So. 2d 847

Snippet: boundaries to an unincorporated *851 status." § 171.031(2). The Cities filed suit seeking to invalidate…that the area will be reasonably compact." § 171.031(12). And, of course, a charter county's method

City of Center Hill v. McBryde

Court: Fla. Dist. Ct. App. | Date Filed: 2007-03-23T00:53:00-07:00

Citation: 952 So. 2d 599

Snippet: that the area will be reasonably compact." § 171.031(12), Fla. Stat. (2005). "Compactness"

BOARD OF COUNTY COM'RS v. City of Cocoa

Court: Fla. Dist. Ct. App. | Date Filed: 2007-01-04T23:53:00-08:00

Citation: 953 So. 2d 8

Snippet: boundary of the territory was contiguous. Section 171.031(11) requires that a substantial portion of a boundary

County of Volusia v. City of Deltona

Court: Fla. Dist. Ct. App. | Date Filed: 2006-01-19T23:53:00-08:00

Citation: 925 So. 2d 340

Snippet: part of the boundary of the municipality." § 171.031(11); see also Sanford v. Seminole County, 538 So…*344 in corridor fashion to gain contiguity. § 171.031(11). The court cited a recent Illinois case, People… right-of-way, easement, or like entity. See § 171.031(11). The court noted that a court has held the …request to annex all the property together. Section 171.031(11) requires that "a substantial part of a…boundary of the territory was contiguous. Section 171.031(11) requires that a substantial portion of a boundary

City of Oak Hill v. City of Edgewater

Court: Fla. Dist. Ct. App. | Date Filed: 2005-12-16T00:00:00-08:00

Citation: 917 So. 2d 943, 2005 Fla. App. LEXIS 19955, 2005 WL 3439916

Snippet: was an “affected party” as defined under section 171.031(5). We grant certiorari and quash that portion … located seeking review by certiorari. Section 171.031(5) defines “parties affected”: “Parties affected…claims it is an “affected party” under section 171.031(5) because it has a property interest in the parcels…writ of certiorari. 418 So.2d at 1151. Section 171.031(5) expressly grants standing to “any governmental

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Court: Fla. Att'y Gen. | Date Filed: 2004-04-30T00:53:00-07:00

Snippet: municipality. 9 Section 171.051(1), Fla. Stat. And see s. 171.031(2), Fla. Stat., defining "Contraction"

Martin County v. City of Stuart

Court: Fla. Dist. Ct. App. | Date Filed: 1999-07-14T00:53:00-07:00

Citation: 736 So. 2d 1264

Snippet: two of the parcels because they violated section 171.031(12), Florida Statutes, which precludes annexations… the circuit court erroneously applied section 171.031(12), which precludes "enclaves, pockets or…Significantly, the county acknowledges that section 171.031(12) is the correct law, but contends that it was…quot;finger areas" in violation of section 171.031(12). This argument is, in essence, an argument

City of Tallahassee v. Kovach

Court: Fla. Dist. Ct. App. | Date Filed: 1999-05-19T00:53:00-07:00

Citation: 733 So. 2d 576

Snippet: Purporting to refer to the wording of section 171.031(5), Florida Statutes (1995), the final judgment…area to be annexed. This construction of section 171.031 is plainly erroneous. In annexation matters, section…reasonable costs and attorney's fees. In section 171.031(5), Florida Statutes (1995), the Legislature has

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Court: Fla. Att'y Gen. | Date Filed: 1998-12-09T23:53:00-08:00

Snippet: Stat. 9 Section 171.046(1), Fla. Stat. 10 Section 171.031(13), Fla. Stat. 11 473 So.2d 1387, 1389 (Fla. 4th…County,504 So.2d 10 (Fla. 2d DCA 1986). 13 Section 171.031(12), Fla. Stat. 14 State v. City of Stuart, 120

City of Panama City v. Munroe

Court: Fla. Dist. Ct. App. | Date Filed: 1997-10-08T00:00:00-07:00

Citation: 700 So. 2d 128, 1997 Fla. App. LEXIS 11189, 1997 WL 614416

Snippet: standing to challenge the annexation under section 171.031(5), Florida Statutes (1996), as respondent does

City of Panama City v. City of Springfield

Court: Fla. Dist. Ct. App. | Date Filed: 1997-10-07T00:00:00-07:00

Citation: 700 So. 2d 101, 1997 Fla. App. LEXIS 11444, 1997 WL 611769

Snippet: challenge the annexation ordinances. §§ 171.081; 171.031(5), Florida Statutes (1995). Accordingly, we decline

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Court: Fla. Att'y Gen. | Date Filed: 1991-03-25T23:53:00-08:00

Snippet: boundaries to an unincorporated status." See, s. 171.031(2), F.S. 10 Section 171.052(2), F.S. 11 Section

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Court: Fla. Att'y Gen. | Date Filed: 1990-08-17T00:53:00-07:00

Snippet: .166.041(3)(a), F.S.? 2. When a statute such as ss. 171.031(4),163.3184(15)(c), or 166.041(3)(c)2., F.S., specifically…, F.S.). And see, s.166.041(6), F.S. 4 Section 171.031(4), F.S. 5 Section 171.0413(2)(b), F.S. 6 See,

City of Sanford v. Seminole County

Court: Fla. Dist. Ct. App. | Date Filed: 1989-02-08T23:53:00-08:00

Citation: 538 So. 2d 113

Snippet: a part of the boundary of the municipality. § 171.031(11), Fla. Stat. (1987). The City argues that the…touches municipal property is without merit. Section 171.031(11) only requires "that a substantial part… be "reasonably compact" and section 171.031(12) defines "compactness": "Compactness

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Court: Fla. Att'y Gen. | Date Filed: 1987-02-16T23:53:00-08:00

Snippet: municipal annexation of such property. And see, s. 171.031(11), F.S., defining "[c]ontiguous" for

City of Tampa v. Hillsborough County

Court: Fla. Dist. Ct. App. | Date Filed: 1986-12-29T23:53:00-08:00

Citation: 504 So. 2d 10

Snippet: with jurisdiction over the area to be annexed. § 171.031(5). Additionally, Hillsborough County is the owner

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Court: Fla. Att'y Gen. | Date Filed: 1986-05-21T00:53:00-07:00

Snippet: .Fla., 1985); AGO 77-18. Subsection (11) of s. 171.031 defines the term "contiguous" to mean…inaccessible). Moreover, subsection (12) of s. 171.031, F.S., defines "compactness" to mean …quot; for purposes of s. 171.044, F.S., and s. 171.031(11), F.S., the proposed annexation appeared to …the definition of "compactness" in s. 171.031(12), F.S. The definition of the term "enclave…annexation would create an enclave in violation of s.171.031(12), F.S. Therefore, I am of the opinion, unless

May v. Lee County

Court: Fla. Dist. Ct. App. | Date Filed: 1986-02-12T00:00:00-08:00

Citation: 483 So. 2d 481, 11 Fla. L. Weekly 417, 1986 Fla. App. LEXIS 6294

Snippet: employed in section 171.021 and defined in section 171.031(8). Further, under the voluntary annexation procedure