Florida Statute 171.0413 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XII
MUNICIPALITIES

Chapter 171
LOCAL GOVERNMENT BOUNDARIES

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F.S. 171.0413

171.0413 Annexation procedures.—Any municipality may annex contiguous, compact, unincorporated territory in the following manner:

(1) An ordinance proposing to annex an area of contiguous, compact, unincorporated territory shall be adopted by the governing body of the annexing municipality pursuant to the procedure for the adoption of a nonemergency ordinance established by s. 166.041. Prior to the adoption of the ordinance of annexation, the local governing body shall hold at least two advertised public hearings. The first public hearing shall be on a weekday at least 7 days after the day that the first advertisement is published. The second public hearing shall be held on a weekday at least 5 days after the day that the second advertisement is published. Each such ordinance shall propose only one reasonably compact area to be annexed. However, prior to the ordinance of annexation becoming effective, a referendum on annexation shall be held as set out below, and, if approved by the referendum, the ordinance shall become effective 10 days after the referendum or as otherwise provided in the ordinance, but not more than 1 year following the date of the referendum.

(2) Following the final adoption of the ordinance of annexation by the governing body of the annexing municipality, the ordinance shall be submitted to a vote of the registered electors of the area proposed to be annexed. The governing body of the annexing municipality may also choose to submit the ordinance of annexation to a separate vote of the registered electors of the annexing municipality. The referendum on annexation shall be called and conducted and the expense thereof paid by the governing body of the annexing municipality.

(a) The referendum on annexation shall be held at the next regularly scheduled election following the final adoption of the ordinance of annexation by the governing body of the annexing municipality or at a special election called for the purpose of holding the referendum. However, the referendum, whether held at a regularly scheduled election or at a special election, shall not be held sooner than 30 days following the final adoption of the ordinance by the governing body of the annexing municipality.

(b) The governing body of the annexing municipality shall publish notice of the referendum on annexation at least once each week for 2 consecutive weeks immediately preceding the date of the referendum in a newspaper of general circulation in the area in which the referendum is to be held. The notice shall give the ordinance number, the time and places for the referendum, and a brief, general description of the area proposed to be annexed. The description shall include a map clearly showing the area and a statement that the complete legal description by metes and bounds and the ordinance can be obtained from the office of the city clerk.

(c) On the day of the referendum on annexation there shall be prominently displayed at each polling place a copy of the ordinance of annexation and a description of the property proposed to be annexed. The description shall be by metes and bounds and shall include a map clearly showing such area.

(d) Ballots or mechanical voting devices used in the referendum on annexation shall offer the choice “For annexation of property described in ordinance number of the City of ” and “Against annexation of property described in ordinance number of the City of ” in that order.

(e) If the referendum is held only in the area proposed to be annexed and receives a majority vote, or if the ordinance is submitted to a separate vote of the registered electors of the annexing municipality and the area proposed to be annexed and there is a separate majority vote for annexation in the annexing municipality and in the area proposed to be annexed, the ordinance of annexation shall become effective on the effective date specified therein. If there is any majority vote against annexation, the ordinance shall not become effective, and the area proposed to be annexed shall not be the subject of an annexation ordinance by the annexing municipality for a period of 2 years from the date of the referendum on annexation.

(3) Any parcel of land which is owned by one individual, corporation, or legal entity, or owned collectively by one or more individuals, corporations, or legal entities, proposed to be annexed under the provisions of this act shall not be severed, separated, divided, or partitioned by the provisions of said ordinance, but shall, if intended to be annexed, or if annexed, under the provisions of this act, be annexed in its entirety and as a whole. However, nothing herein contained shall be construed as affecting the validity or enforceability of any ordinance declaring an intention to annex land under the existing law that has been enacted by a municipality prior to July 1, 1975. The owner of such property may waive the requirements of this subsection if such owner does not desire all of the tract or parcel included in said annexation.

(4) Except as otherwise provided in this law, the annexation procedure as set forth in this section shall constitute a uniform method for the adoption of an ordinance of annexation by the governing body of any municipality in this state, and all existing provisions of special laws which establish municipal annexation procedures are repealed hereby; except that any provision or provisions of special law or laws which prohibit annexation of territory that is separated from the annexing municipality by a body of water or watercourse shall not be repealed.

(5) If more than 70 percent of the acres of land in an area proposed to be annexed is owned by individuals, corporations, or legal entities which are not registered electors of such area, such area may not be annexed unless the owners of more than 50 percent of the acres of land in such area consent to such annexation. Such consent must be obtained by the parties proposing the annexation before the referendum to be held on the annexation.

(6) Notwithstanding subsections (1) and (2), if the area proposed to be annexed does not have any registered electors on the date the ordinance is finally adopted, a vote of electors of the area proposed to be annexed is not required. In addition to the requirements of subsection (5), the area may not be annexed unless the owners of more than 50 percent of the parcels of land in the area proposed to be annexed consent to the annexation. If the governing body does not choose to hold a referendum of the annexing municipality pursuant to subsection (2), then the property owner consents required pursuant to subsection (5) shall be obtained by the parties proposing the annexation prior to the final adoption of the ordinance, and the annexation ordinance shall be effective upon becoming a law or as otherwise provided in the ordinance.

History.—s. 2, ch. 75-297; s. 1, ch. 76-176; s. 44, ch. 77-104; s. 1, ch. 80-350; s. 76, ch. 81-259; s. 1, ch. 86-113; s. 15, ch. 90-279; s. 16, ch. 93-206; s. 1, ch. 93-243; s. 1, ch. 94-196; s. 1448, ch. 95-147; s. 12, ch. 99-378; s. 3, ch. 2023-305.

F.S. 171.0413 on Google Scholar

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Amendments to 171.0413

Arrestable Offenses / Crimes under Fla. Stat. 171.0413

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 171.0413.

Annotations, Discussions, Cases:

Cases Citing Statute 171.0413

Total Results: 20

THE CITY OF PALM BEACH GARDENS v. LOUIS F. OXENVAD, CARRIE GRUBER, MICHAEL GRUBER and ROBERT KLINE

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-13T23:53:00-08:00

Snippet: Section 171.081 neatly interacts with Section 171.0413(2)(a), Fla. Stat. (1979), which prohibits a municipality

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: electors in the proposed annexation area. See § 171.0413. The second methodvoluntary annexationallows

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Court: Fla. Att'y Gen. | Date Filed: 2007-01-25T23:53:00-08:00

Snippet: be accomplished). 3 Section 171.0413(1), Fla. Stat. 4 Id. 5 Section 171.0413(2)(e), Fla. Stat. 6 Section… by referendum under the provisions of section 171.0413, Florida Statutes. Included in the area being …annexation or contraction is appropriate.2 Section 171.0413, Florida Statutes, provides that a municipality…at least two years.5 Subsection (5) of section 171.0413, Florida Statutes, states that: "If more …annexation of their real property. Thus, section 171.0413(5), Florida Statutes, requires that if more than

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: annexations and that the criteria set forth in sections 171.0413, 171.042, and 171.043 apply only to involuntary

St. Johns Committee v. St. Augustine

Court: Fla. Dist. Ct. App. | Date Filed: 2005-09-02T00:53:00-07:00

Citation: 909 So. 2d 575

Snippet: amendment. See § 163.3184(15), Fla. Stat. Section 171.0413, Florida Statutes, sets forth the specific procedures

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Court: Fla. Att'y Gen. | Date Filed: 2005-01-26T23:53:00-08:00

Snippet: the provisions of section 171.0413(5), Florida Statutes. Section 171.0413(5) specifically requires that… or special law. 4 Section 171.0413(1), Fla. Stat. 5 Id. 6 Section 171.0413(2)(e), Fla. Stat. 7 See Sieniarecki…substantially the following question: Pursuant to section 171.0413(5), Florida Statutes, are privately owned rights-of-way…state regarding legislation in this area.3 Section 171.0413, Florida Statutes, provides that a municipality…for at least 2 years.6 Subsection (5) of section 171.0413, Florida Statutes, provides that: "If more

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

Snippet: And see s.171.0413(4), Fla. Stat., declaring the annexation procedure set forth in s. 171.0413 to be a …ofGainesville, 377 So.2d 658 (Fla. 1979), and s. 171.0413(4), Fla. Stat., which repeals all existing provisions…342 So.2d 549 (Fla. 3d DCA 1977). 5 Compare s. 171.0413(2), Fla. Stat., providing for involuntary annexations

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Court: Fla. Att'y Gen. | Date Filed: 1996-09-25T00:53:00-07:00

Snippet: accomplished). 3 Section 171.0413(1), Fla. Stat. (1995). 4 Id. 5 Section 171.0413(2)(e), Fla. Stat. (1995…substantially the following question: Pursuant to section 171.0413(5), Florida Statutes (1995), may public roadways…nonregistered elector owners pursuant to section 171.0413(5), Florida Statutes (1995). According to your…annexation or contraction is appropriate.2 Section 171.0413, Florida Statutes, provides that a municipality…for at least 2 years.5 Subsection (5) of section 171.0413, provides that: If more than 70 percent of the

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Court: Fla. Att'y Gen. | Date Filed: 1996-01-04T23:53:00-08:00

Snippet: shall be held as set forth in section 171.0413.3 Section 171.0413(2), Florida Statutes, provides: Following…ordinance becomes effective even though section 171.0413, Florida Statutes, prescribes that there be an…only in the area to be annexed? In sum: Section 171.0413, Florida Statutes, which establishes the uniform…state regarding legislation in this area.2 Section 171.0413, Florida Statutes, provides that a municipality… area to be annexed. Subsection (4) of section 171.0413, Florida Statutes, provides: Except as otherwise

Bell v. Cox

Court: Fla. Dist. Ct. App. | Date Filed: 1994-04-29T00:53:00-07:00

Citation: 642 So. 2d 1381

Snippet: boundaries through the process prescribed by section 171.0413, Florida Statutes (1993) and an owner who has

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

Snippet: primarily to distribute advertising."4 Section 171.0413, F.S., which prescribes municipal annexation procedures…(6), F.S. 4 Section 171.031(4), F.S. 5 Section 171.0413(2)(b), F.S. 6 See, Alsop v. Pierce, 19 So.2d 799

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Court: Fla. Att'y Gen. | Date Filed: 1986-08-27T00:53:00-07:00

Snippet: AREA BE ANNEXED BY A MUNICIPALITY PURSUANT TO s. 171.0413, F.S., AS AMENDED BY s. 1, Ch. 86-113, LAWS OF…is considering whether to annex pursuant to s. 171.0413, F.S., as amended by s. 1, Ch. 86-113, Laws of… in the manner established in the Act. See, s. 171.0413, F.S., as amended, setting forth annexation procedures…requirements. The annexation procedure set forth in s. 171.0413, as amended, is declared to be a uniform method… otherwise provided in this law." Section 171.0413(4). This office has construed the foregoing proviso

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

Snippet: exclusive method of municipal annexation. Compare, ss. 171.0413, 171.042 and171.043, F.S., providing for involuntary

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Court: Fla. Att'y Gen. | Date Filed: 1986-01-15T23:53:00-08:00

Snippet: in the manner established in the Act. See, s. 171.0413, F.S. The annexation procedure is declared to … otherwise provided in this law." Section 171.0413(4). This office has construed the foregoing proviso…except as otherwise provided in Ch. 171. See, s. 171.0413(4), which provides, inter alia, that all existing…commencing the annexation procedures mandated by s.171.0413, F.S., the governing body of the municipality

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Court: Fla. Att'y Gen. | Date Filed: 1981-03-11T23:53:00-08:00

Snippet: alternative annexation procedures described in s. 171.0413, voluntary annexation pursuant to s. 171.044 does…ch. 75-297, Laws of Florida. A new section, s. 171.0413, F.S. 1975, was created in its place. That section…hereby . . . .' (Emphasis supplied.) See s. 171.0413(4), F.S. This office has consistently construed

SCA Services of Florida, Inc. v. City of Tallahassee

Court: Fla. Dist. Ct. App. | Date Filed: 1981-01-16T00:00:00-08:00

Citation: 393 So. 2d 35, 1981 Fla. App. LEXIS 19405

Snippet: municipality. Section 171.021, Fla.Stat. (1979); Section 171.0413(4), Fla.Stat. (1979). Section 171.081 is designed…Section 171.-081 neatly interacts with Section 171.-0413(2)(a), Fla.Stat. (1979), which prohibits a municipality

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Court: Fla. Att'y Gen. | Date Filed: 1980-12-08T23:53:00-08:00

Snippet: pursuant to the annexation procedures contained in s. 171.0413, F. S.? 2. May a municipality exercise police …and the annexation procedures prescribed by s. 171.0413, F. S., and a municipality may not exercise police…pursuant to the annexation procedures contained in s. 171.0413, F. S. For the following reasons, I must conclude…cannot. The annexation procedures outlined in s. 171.0413, F. S., require the governing body of a municipality…city wishes to annex under the provisions of s. 171.0413. This statutory provision, providing as it does

Capella v. City of Gainesville

Court: Fla. | Date Filed: 1979-11-14T23:53:00-08:00

Citation: 377 So. 2d 658

Snippet: requirement of section 171.0413(2)(e) does not apply in this case. Section 171.0413(2)(e) provides: If there…within a two-year period in violation of section 171.0413(2)(e), Florida Statutes (1977). The City and Council…facts of this controversy. We hold that section 171.0413(2)(e) has not been superseded by chapter 77-557…significant the difference in language between section 171.0413(2)(e), Florida Statutes (1977), and section 171.0415…Capella suggests that this construction of section 171.0413(2)(e) permits a municipality to enact repeated

NORTH RIDGE GEN. HOSPITAL, INC. v. City of Oakland Park

Court: Fla. | Date Filed: 1979-06-07T00:53:00-07:00

Citation: 374 So. 2d 461

Snippet: annexation, subsections (1) and (2) of section 171.0413 provide for a referendum to enable the electors…appellants, however, subsections (1) and (2) of section 171.0413 require a referendum when annexation is initiated

ABA Industries, Inc. v. City of Pinellas Park

Court: Fla. | Date Filed: 1979-01-10T23:53:00-08:00

Citation: 366 So. 2d 761

Snippet: Justice. The question presented is whether Section 171.0413(5), Florida Statutes (1977), which provides a …majority of such owners. The trial judge held Section 171.0413(5), Florida Statutes (1977), (1) unconstitutionally…set out by the Legislature. We hold that Section 171.0413(5), Florida Statutes (1977), is unconstitutionally…Justice, concurring specially. I agree that Section 171.0413(5) is vague and ambiguous and therefore constitutionally…statute may be valid. We simply hold that Section 171.0413(5) is not. ADKINS, J., concurs. NOTES [1] Our