Florida Statute 171.44 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XII
MUNICIPALITIES

Chapter 171
LOCAL GOVERNMENT BOUNDARIES

View Entire Chapter

F.S. 171.044

171.044 Voluntary annexation.—

(1) The owner or owners of real property in an unincorporated area of a county which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality.

(2) Upon determination by the governing body of the municipality that the petition bears the signatures of all owners of property in the area proposed to be annexed, the governing body may, at any regular meeting, adopt a nonemergency ordinance to annex said property and redefine the boundary lines of the municipality to include said property. Said ordinance shall be passed after notice of the annexation has been published at least once each week for 2 consecutive weeks in some newspaper in such city or town or, if no newspaper is published in said city or town, then in a newspaper published in the same county; and if no newspaper is published in said county, then at least three printed copies of said notice shall be posted for 4 consecutive weeks at some conspicuous place in said city or town. The notice shall give the ordinance number 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.

(3) An ordinance adopted under this section shall be filed with the clerk of the circuit court and the chief administrative officer of the county in which the municipality is located and with the Department of State within 7 days after the adoption of such ordinance. The ordinance must include a map which clearly shows the annexed area and a complete legal description of that area by metes and bounds.

(4) The method of annexation provided by this section shall be supplemental to any other procedure provided by general or special law, except that this section shall not apply to municipalities in counties with charters which provide for an exclusive method of municipal annexation.

(5) Land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves.

(6) Not fewer than 10 days prior to publishing or posting the ordinance notice required under subsection (2), the governing body of the municipality must provide a copy of the notice, via certified mail, to the board of the county commissioners of the county wherein the municipality is located. The notice provision provided in this subsection may be the basis for a cause of action invalidating the annexation.

History.—s. 1, ch. 74-190; ss. 4, 5, ch. 75-297; s. 3, ch. 76-176; s. 2, ch. 86-113; s. 1, ch. 90-171; s. 16, ch. 90-279; s. 16, ch. 98-176; s. 3, ch. 2006-218.

F.S. 171.044 on Google Scholar

F.S. 171.044 on CourtListener

Amendments to 171.044

Annotations, Discussions, Cases:

Cases Citing Statute 171.044

Total Results: 29

Burton v. City of Belle Glade

178 F.3d 1175, 44 Fed. R. Serv. 3d 43, 1999 U.S. App. LEXIS 14020, 1999 WL 425895

Court of Appeals for the Eleventh Circuit | Filed: Jun 25, 1999 | Docket: 395328

Cited 426 times | Published

§ 1 (codified as amended at Fla. Stat. Ann. § 171.044(1) (West Supp.1998)). The City Commission also

Burton v. City of Belle Glade

178 F.3d 1175

Court of Appeals for the Eleventh Circuit | Filed: Jun 25, 1999 | Docket: 1080753

Cited 213 times | Published

§ 1 (codified as amended at Fla. Stat. Ann. § 171.044(1) (West Supp. 1998)). The City Commission also

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

374 So. 2d 461, 1979 Fla. LEXIS 4684

Supreme Court of Florida | Filed: Jun 7, 1979 | Docket: 1523401

Cited 29 times | Published

other procedural safeguards. An examination of section 171.044, Florida Statutes (1975), demonstrates the

State Ex Rel. City of Casselberry v. Mager

356 So. 2d 267

Supreme Court of Florida | Filed: Feb 23, 1978 | Docket: 1478692

Cited 18 times | Published

with the voluntary annexation provisions of Section 171.044, Florida Statutes (Supp. 1976). In an effort

Martin County v. City of Stuart

736 So. 2d 1264, 1999 WL 493267

District Court of Appeal of Florida | Filed: Jul 14, 1999 | Docket: 1429852

Cited 9 times | Published

result in a compact urban form as required by section 171.044, Florida Statutes (1997). The circuit court

City of Sunrise v. Broward County

473 So. 2d 1387, 10 Fla. L. Weekly 2000

District Court of Appeal of Florida | Filed: Aug 21, 1985 | Docket: 1510535

Cited 9 times | Published

petition for voluntary annexation pursuant to section 171.044, Florida Statutes (1983), from owners of approximately

County of Volusia v. City of Deltona

925 So. 2d 340, 2006 Fla. App. LEXIS 460, 2006 WL 140380

District Court of Appeal of Florida | Filed: Jan 20, 2006 | Docket: 2518507

Cited 6 times | Published

County, Florida, pursuant to *342 Florida Statutes § 171.044 of the Municipal Annexation or Contraction Act

City of Tampa v. Hillsborough County

504 So. 2d 10, 12 Fla. L. Weekly 143

District Court of Appeal of Florida | Filed: Dec 30, 1986 | Docket: 1511172

Cited 5 times | Published

failure to follow the essential requirements of section 171.044, Florida Statutes (1985), and quashed the ordinance

City of Center Hill v. McBryde

952 So. 2d 599, 2007 WL 858636

District Court of Appeal of Florida | Filed: Mar 23, 2007 | Docket: 1703202

Cited 3 times | Published

property was reasonably compact, as required by section 171.044, Florida Statutes (2005). After due consideration

Alachua County v. Florida Rock Industries, Inc.

834 So. 2d 370, 2003 Fla. App. LEXIS 203, 2003 WL 104575

District Court of Appeal of Florida | Filed: Jan 14, 2003 | Docket: 1697601

Cited 3 times | Published

concurs; BOOTH, J., dissents. NOTES [1] See § 171.044(1), Fla. Stat. (1999) (authorizing voluntary annexation)

City of Sanford v. Seminole County

538 So. 2d 113, 14 Fla. L. Weekly 409, 1989 Fla. App. LEXIS 597, 1989 WL 8703

District Court of Appeal of Florida | Filed: Feb 9, 1989 | Docket: 472294

Cited 3 times | Published

and quash the decision of the circuit court. Section 171.044(1), Florida Statutes (1987) provides: (1) The

Pinellas County v. City of Largo

964 So. 2d 847, 2007 WL 2713544

District Court of Appeal of Florida | Filed: Sep 19, 2007 | Docket: 1240744

Cited 2 times | Published

municipal annexation. The judgment recites that section 171.044(4), Florida Statutes (2005), did not allow

City of Lake Mary v. County of Seminole

419 So. 2d 737

District Court of Appeal of Florida | Filed: Sep 22, 1982 | Docket: 1586159

Cited 2 times | Published

incorporated and unincorporated areas in violation of section 171.044, Florida Statutes (1977).[1] We deny the writ

City of Lake Mary v. County of Seminole

419 So. 2d 737

District Court of Appeal of Florida | Filed: Sep 22, 1982 | Docket: 1586159

Cited 2 times | Published

incorporated and unincorporated areas in violation of section 171.044, Florida Statutes (1977).[1] We deny the writ

Village of North Palm Beach v. S & H Foster's, Inc.

80 So. 3d 433, 2012 WL 555486, 2012 Fla. App. LEXIS 2664

District Court of Appeal of Florida | Filed: Feb 22, 2012 | Docket: 60305708

Cited 1 times | Published

voluntary annexation petition pursuant to section 171.044, Florida Statutes, and annexed the property

Village of Wellington v. Palm Beach County

941 So. 2d 595, 2006 WL 3373045

District Court of Appeal of Florida | Filed: Nov 22, 2006 | Docket: 431537

Cited 1 times | Published

Summary Judgment. The trial court found that section 171.044(4), Florida Statutes, requires that any exclusive

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

273 So. 3d 243

District Court of Appeal of Florida | Filed: May 22, 2019 | Docket: 15658395

Published

"voluntary annexation" procedure pursuant to section 171.044, Florida Statutes (2017), because it owned

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Florida Attorney General Reports | Filed: Sep 24, 2007 | Docket: 3255813

Published

petition for voluntary annexation pursuant to section 171.044, Florida Statutes, may the city consider whether

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Florida Attorney General Reports | Filed: Jan 27, 2005 | Docket: 3258459

Published

comply with the procedural requirements of section 171.044(2), Florida Statutes. Likewise, in this instance

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Florida Attorney General Reports | Filed: Apr 30, 2004 | Docket: 3255225

Published

submitted to a referendum on such annexation when section 171.044, Florida Statutes, providing for voluntary

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Florida Attorney General Reports | Filed: Jun 1, 1987 | Docket: 3257443

Published

applicable. See, s. 171.044(4), F.S. (1986 Supp.). Section 171.044, F.S. (1986 Supp.), provides that the owners

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Florida Attorney General Reports | Filed: May 21, 1986 | Docket: 3256136

Published

property is owned by the City of Avon Park. Section 171.044, F.S., controls voluntary annexation of unincorporated

May v. Lee County

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

District Court of Appeal of Florida | Filed: Feb 12, 1986 | Docket: 64617467

Published

to the existing city limits, as required by section 171.044, Florida Statutes (1983), and that the land

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Florida Attorney General Reports | Filed: Sep 30, 1980 | Docket: 3258196

Published

bounded on all sides by city territory? SUMMARY: Section 171.044, F. S., merely contemplates prohibition of

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Florida Attorney General Reports | Filed: Oct 12, 1978 | Docket: 3256034

Published

accedes to the petition of the property owners. Section 171.044(1), F. S., provides: The owner or owners

County of Volusia v. City of Daytona Beach Shores

356 So. 2d 932, 1978 Fla. App. LEXIS 15570

District Court of Appeal of Florida | Filed: Mar 31, 1978 | Docket: 64563601

Published

judgment approving annexation is affirmed. Section 171.044(4), Florida Statutes (1975). MILLS, Acting

Silverthorne v. City of Port Orange

356 So. 2d 36, 1978 Fla. App. LEXIS 15512

District Court of Appeal of Florida | Filed: Mar 7, 1978 | Docket: 64563303

Published

Orange. The ordinance was adopted pursuant to Section 171.044, Florida Statutes (1975), authorizing municipalities

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Florida Attorney General Reports | Filed: Feb 10, 1977 | Docket: 3258210

Published

exclusive method of municipal annexation.' Section 171.044(4). There are three specific requirements in

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Florida Attorney General Reports | Filed: Mar 7, 1975 | Docket: 3256715

Published

corresponding statute sections provided therein. Section 171.044(1) provides as follows: The owner or owners