Florida Statute 171.042 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XII
MUNICIPALITIES

Chapter 171
LOCAL GOVERNMENT BOUNDARIES

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F.S. 171.042

171.042 Prerequisites to annexation.—

(1) Before commencing the annexation procedures under s. 171.0413, the governing body of the municipality shall prepare a feasibility study setting forth the plans to provide urban services to any area to be annexed, and the feasibility study must include the following:

(a) 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, as required in paragraph (c), and the general land use pattern in the area to be annexed.

(b) A statement certifying that the area to be annexed meets the criteria in s. 171.043.

(c) 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. Specifically, such plans must:

1. Provide for extending urban services except as otherwise provided in this subsection to the area to be annexed on the date of annexation on substantially the same basis and in the same manner as such services are provided within the rest of the municipality before annexation.

2. Provide for the extension of existing municipal water and sewer services into the area to be annexed so that, when such services are provided, property owners in the area to be annexed will be able to secure public water and sewer service according to the policies in effect in such municipality for extending water and sewer lines to individual lots or subdivisions.

3. If extension of major trunk water mains and sewer mains into the area to be annexed is necessary, set forth a proposed timetable for construction of such mains as soon as possible following the effective date of annexation.

4. Set forth the method under which the municipality plans to finance extension of services into the area to be annexed.

(2) Not fewer than 15 days before commencing the annexation procedures under s. 171.0413, the governing body of the municipality shall file a copy of the feasibility study required by this section with the board of county commissioners of the county in which the municipality is located. Failure to timely file the feasibility study as required in this subsection may be the basis for a cause of action to invalidate the annexation.

(3) The governing body of the municipality shall, not less than 10 days prior to the date set for the first public hearing required by s. 171.0413(1), mail a written notice to each person who resides or owns property within the area proposed to be annexed. The notice must describe the annexation proposal, the time and place for each public hearing to be held regarding the annexation, and the place or places within the municipality where the proposed ordinance may be inspected by the public. A copy of the notice must be kept available for public inspection during the regular business hours of the office of the clerk of the governing body.

History.—s. 1, ch. 74-190; s. 3, ch. 75-297; s. 1, ch. 78-19; s. 13, ch. 81-167; s. 13, ch. 83-55; s. 5, ch. 84-241; s. 2, ch. 2006-218; s. 4, ch. 2023-305.

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Amendments to 171.042

Arrestable Offenses / Crimes under Fla. Stat. 171.042

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 171.042.

Annotations, Discussions, Cases:

Cases Citing Statute 171.042

Total Results: 7

BRENDA FORMAN v. HOWARD C. FORMAN

Court: Fla. Dist. Ct. App. | Date Filed: 2019-11-05T23:53:00-08:00

Snippet: presented at the fee hearing, the court determined that 171.42 hours at the hourly attorney rate of $350 and hourly

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

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

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

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

Snippet: lots or subdivisions." Section 171.042(1)(c)2. See also, s. 171.042(1)(c)3. It thus becomes evident …urban services to any area to be annexed. Section 171.042(1), F.S. Such plans must provide for extending

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Court: Fla. Att'y Gen. | Date Filed: 1978-10-12T00:53:00-07:00

Snippet: reference to s. 171.042. As shown above, s. 171.043 — irrespective of s. 171.042 &#8212…Emphasis supplied.) There is no mention in s. 171.042, F. S., of annexation carried out under s. 171.044… any requirement that the prerequisites of s. 171.042 (which incorporates the standards or characteristics…reference in s. 171.044 to either s. 171.043 or s. 171.042. Following the 1974 Legislature's revision …unincorporated area which meets the standards of s. 171.042 . . . .' (Emphasis supplied.) I observed in

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Court: Fla. Att'y Gen. | Date Filed: 1975-08-28T00:53:00-07:00

Snippet: the prerequisites to annexation prescribed by s. 171.042, F.S. (1974 Supp.), prior to annexing an area pursuant…the prerequisites to annexation prescribed by s. 171.042, id. An area annexed pursuant to s. 171.044, F.…the prerequisites to annexation prescribed by s. 171.042, F.S. (1974 Supp.), as amended by Ch. 75-297, Laws…such requirement elsewhere in Ch. 171, id. See s. 171.042, which provides in pertinent part that, "[…municipality is not required to comply with s. 171.042. As to s.171.062, F.S. (1974 Supp.), it provides

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Court: Fla. Att'y Gen. | Date Filed: 1975-03-07T00:53:00-07:00

Snippet: 1974 Supp.), and not s. 171.042, F.S. (1974 Supp.), the reference to s. 171.042 contained in s. 171.044…standards of s. 171.042." (Emphasis supplied.) However, in this Senate version, s. 171.042 was, in fact…refers to "the standards of s. 171.042," but s. 171.042 concerns the prerequisites to annexation…character of the area to be annexed), rather than s. 171.042 (prerequisites to annexation)? SUMMARY: Although…Although the reference to the "standards of s. 171.042" contained in that section of Ch. 74-190,