Florida Statute 171.043 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XII
MUNICIPALITIES

Chapter 171
LOCAL GOVERNMENT BOUNDARIES

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F.S. 171.043

171.043 Character of the area to be annexed.—A municipal governing body may propose to annex an area only if it meets the general standards of subsection (1) and the requirements of either subsection (2) or subsection (3).

(1) The total area to be annexed must be contiguous to the municipality’s boundaries at the time the annexation proceeding is begun and reasonably compact, and no part of the area shall be included within the boundary of another incorporated municipality.

(2) Part or all of the area to be annexed must be developed for urban purposes. An area developed for urban purposes is defined as any area which meets any one of the following standards:

(a) It has a total resident population equal to at least two persons for each acre of land included within its boundaries;

(b) It has a total resident population equal to at least one person for each acre of land included within its boundaries and is subdivided into lots and tracts so that at least 60 percent of the total number of lots and tracts are 1 acre or less in size; or

(c) It is so developed that at least 60 percent of the total number of lots and tracts in the area at the time of annexation are used for urban purposes, and it is subdivided into lots and tracts so that at least 60 percent of the total acreage, not counting the acreage used at the time of annexation for nonresidential urban purposes, consists of lots and tracts 5 acres or less in size.

(3) In addition to the area developed for urban purposes, a municipal governing body may include in the area to be annexed any area which does not meet the requirements of subsection (2) if such area either:

(a) Lies between the municipal boundary and an area developed for urban purposes, so that the area developed for urban purposes is either not adjacent to the municipal boundary or cannot be served by the municipality without extending services or water or sewer lines through such sparsely developed area; or

(b) Is adjacent, on at least 60 percent of its external boundary, to any combination of the municipal boundary and the boundary of an area or areas developed for urban purposes as defined in subsection (2).

The purpose of this subsection is to permit municipal governing bodies to extend corporate limits to include all nearby areas developed for urban purposes and, where necessary, to include areas which at the time of annexation are not yet developed for urban purposes whose future probable use is urban and which constitute necessary land connections between the municipality and areas developed for urban purposes or between two or more areas developed for urban purposes.

History.—s. 1, ch. 74-190; s. 2, ch. 76-176.

F.S. 171.043 on Google Scholar

F.S. 171.043 on Casetext

Amendments to 171.043

Arrestable Offenses / Crimes under Fla. Stat. 171.043

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 171.043.

Annotations, Discussions, Cases:

Cases Citing Statute 171.043

Total Results: 16

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

Snippet: to be annexed provided in sections171.042 and 171.043, Florida Statutes, as guidance in determining whether

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: disagree with Judge Evander's analysis of section 171.043, Florida Statutes (2003). Rather, we find that …are not disputed. The issue is whether section 171.043, Florida Statutes (2003), permits a municipality…notwithstanding the statute's contrary language. Section 171.043 provides that a municipality may involuntarily

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: criteria set forth in sections 171.0413, 171.042, and 171.043 apply only to involuntary annexations. We quash

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

Snippet: the criteria for annexation set forth in section 171.043, Florida Statutes, may be proposed for exclusion…excluded fails to meet the criteria of section 171.043, Florida Statutes. In addition, the notice must…quot; 8 Section 171.052(1), Fla. Stat. And see s. 171.043, Fla. Stat., prescribing the character of property…Thus, property which fits the requirements of s. 171.043 may not be excluded from a municipality. 9 Section

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

Snippet: criteria set forth in section 171.043, Florida Statutes.4 Section 171.043, Florida Statutes, prescribes…that property meets the requirements of section 171.043, Florida Statutes, and such an action would create…property that satisfies the requirements of section 171.043, Florida Statutes, may not be excluded from a municipality…established in section171.043, Florida Statutes. Section 171.043(1), Florida Statutes, requires that in order to…exclusion if it meets these criteria.8 As section 171.043, Florida Statutes, recognizes: "The purpose

Town of Baldwin v. Consolidated City of Jacksonville

Court: Fla. Dist. Ct. App. | Date Filed: 1992-12-16T00:00:00-08:00

Citation: 610 So. 2d 95, 1992 Fla. App. LEXIS 12783, 1992 WL 371321

Snippet: within the boundaries of Duval County. Section 171.043, Florida Statutes, prohibits annexation of an area…boundaries by another municipality pursuant to section 171.043(1). Appellee correctly states, “The essence of …171.04(1), Florida Statutes (1965), or section 171.-043(1), Florida Statutes (1989), general law provides

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

Snippet: in s. 171.043, F.S., may be proposed for exclusion by municipal governing bodies.6 Section 171.043, F.S…Thus, property which fits the requirements of s. 171.043, F.S., may not be excluded from a municipality.8…City of Ormond Beach is outside the scope of s. 171.043, F.S., may not be made by this office. The procedures…to be excluded fails to meet the criteria of s. 171.043, F.S. In addition, the notice must include the …provided herein. 6 Section 171.052, F.S. 7 Section 171.043(1) and (2), F.S. 8 See, AGO 76-221 (The contraction

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

Snippet: express legislative requirement set forth in s. 171.043, F.S. Cf., s. 165.061(1)(a), F.S., which establishes…separate municipal government." See also, s. 171.043(1), F.S., setting forth the procedures for municipal

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

Snippet: setting forth annexation procedures. And see, s. 171.043, F.S., especially subsections (1) and (3) thereof

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Court: Fla. Att'y Gen. | Date Filed: 1980-09-30T00:53:00-07:00

Snippet: supplied.) This office has previously opined that s. 171.043 is inapplicable to parcels of land sought to be

Capella v. City of Gainesville

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

Citation: 377 So. 2d 658

Snippet: must meet all the standards specified in section 171.043, Florida Statutes (Supp. 1976). Chapter 77-557

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

Snippet: forth in s.171.043, F. S.? SUMMARY: The standards or characteristics set forth in s. 171.043, F. S., are…or owners pursuant to s. 171.044, F. S. Section 171.043, F. S., begins: A municipal governing body…the area to be annexed meets the criteria in s. 171.043. (Emphasis supplied.) There is no mention …incorporates the standards or characteristics of s. 171.043, F. S.) be complied with as a prerequisite to annexation…similarly, no reference in s. 171.044 to either s. 171.043 or s. 171.042. Following the 1974 Legislature'

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Court: Fla. Att'y Gen. | Date Filed: 1977-12-19T23:53:00-08:00

Snippet: annexation (e.g., the standards set forth in s. 171.043, F. S. [1976 Supp.]), the two procedures set forth

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Court: Fla. Att'y Gen. | Date Filed: 1976-11-14T23:53:00-08:00

Snippet: requirements for annexation as contained in s.171.043, F. S. (1976 Supp.)? 2. If, after the 6-month feasibility…that the area in question fully complies with s. 171.043, supra, fulfill the requirements of s.171.051(2…area meeting the criteria for annexation in s. 171.043, supra, be proposed for exclusion by municipal …area to be excluded meets all the criteria of s. 171.043, supra, can the council set the time and place …not to meet the characteristics required by s. 171.043, F. S. (1976 Supp.), of areas to be annexed. A

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

Snippet: meets the criteria in s.171.043 . . . . (Emphasis supplied.) Section 171.043 provides in part that A … annexation) be interpreted as referring to s. 171.043 (character of the area to be annexed), rather than…annexation) rather than to the standards of s. 171.043, F.S. (1974 Supp.), may have been inadvertent, …which incorporate by reference the standards of s.171.043) must be followed when property is voluntarily …meet in order to be annexed are provided in s. 171.043, F.S. (1974 Supp.), and not s. 171.042, F.S. (1974

County of Okeechobee v. Fla. Natl. Bank of Jax

Court: Fla. | Date Filed: 1933-05-09T00:00:00-08:00

Citation: 150 So. 124, 112 Fla. 309

Snippet: America v. Whitney Central National Bank, 261 U.S. 171, 43 Sup. Ct. 311,67 Law Ed. 594, and by Mr. Justice