171.044
Voluntary annexation.
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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.
Notes of Decisions
Cited in 21
cases, 1978–2019 · leading case: Pinellas County v. City of Largo
Pinellas County v. City of Largo (2007)
“See § 171.044. The 1974 version of the Act provided that voluntary annexation "shall be supplemental to the other provisions of this chapter.”
Burton v. City of Belle Glade (1999)
“74-190, § 1 (codified as amended at Fla. Stat. Ann. § 171.044 (1) (West Supp.”
Village of Wellington v. Palm Beach County (2006)
“044(4) is simply a clarifying savings clause to avoid violation of the supplemental voluntary annexation statute (section 171.044, Florida Statutes) by Dade County.”
City of Sunrise v. Broward County (1985)
“The petitioner, City of Sunrise, received a petition for voluntary annexation pursuant to section 171.044, Florida Statutes (1983), from owners of approximately 800 acres of the 1,237 acres that comprise the development known as Bonaventure, requesting that unincorporated lands…”
NORTH RIDGE GEN. HOSPITAL, INC. v. City of Oakland Park (1979)
“An examination of section 171.044, Florida Statutes (1975), demonstrates the legislative intent underlying the method of annexation employed in the case before us.”
County of Volusia v. City of Deltona (2006)
“Following public comments, discussion by the Commissioners, and inquiries of City staff by the Commissioners, the Commissioners voted 6 to 1 in favor of annexing the subject parcels, pursuant to Fla. Stat. § 171.044 . Subsequent to the filing of the County's certiorari petition,…”
City of Center Hill v. McBryde (2007)
“In response, the City and SCC argued that the annexed property was reasonably compact, as required by section 171.044, Florida Statutes (2005).”
State Ex Rel. City of Casselberry v. Mager (1978)
“In January of 1977, the City Council of Casselberry adopted an ordinance annexing lands located in Seminole County into its corporate limits, in accordance with the voluntary annexation provisions of Section 171.044, Florida Statutes (Supp. 1976).”
City of Lake Mary v. County of Seminole (1982)
“040(c) (1982), we elect to treat this appeal by the City of Lake Mary as a petition for writ of certiorari to review an order of the trial court quashing an annexation ordinance because it creates islands of incorporated and unincorporated areas in violation of section 171.044,…”
City of Tampa v. Hillsborough County (1986)
“The trial judge granted certiorari review, found the ordinance invalid for failure to follow the essential requirements of section 171.044, Florida Statutes (1985), and quashed the ordinance.”
Village of North Palm Beach v. S & H Foster's, Inc. (2012)
“2008-10 on September 11, 2008, the Village Council granted the voluntary annexation petition pursuant to section 171.044, Florida Statutes, and annexed the property into the Village.”
Martin County v. City of Stuart (1999)
“The petitions, which were consolidated, challenged the annexations as failing to result in a compact urban form as required by section 171.044, Florida Statutes (1997).”
— 171.044(1) — 6 cases
City of Center Hill v. McBryde (2007)
“In response, the City and SCC argued that the annexed property was reasonably compact, as required by section 171.044, Florida Statutes (2005).”
City of Lake Mary v. County of Seminole (1982)
“040(c) (1982), we elect to treat this appeal by the City of Lake Mary as a petition for writ of certiorari to review an order of the trial court quashing an annexation ordinance because it creates islands of incorporated and unincorporated areas in violation of section 171.044,…”
City of Sunrise v. Broward County (1985)
“The petitioner, City of Sunrise, received a petition for voluntary annexation pursuant to section 171.044, Florida Statutes (1983), from owners of approximately 800 acres of the 1,237 acres that comprise the development known as Bonaventure, requesting that unincorporated lands…”
— 171.044(2) — 1 case
County of Volusia v. City of Deltona (2006)
“Following public comments, discussion by the Commissioners, and inquiries of City staff by the Commissioners, the Commissioners voted 6 to 1 in favor of annexing the subject parcels, pursuant to Fla. Stat. § 171.044 . Subsequent to the filing of the County's certiorari petition,…”
— 171.044(4) — 3 cases
Pinellas County v. City of Largo (2007)
“See § 171.044. The 1974 version of the Act provided that voluntary annexation "shall be supplemental to the other provisions of this chapter.”
Village of Wellington v. Palm Beach County (2006)
“044(4) is simply a clarifying savings clause to avoid violation of the supplemental voluntary annexation statute (section 171.044, Florida Statutes) by Dade County.”
— 171.044(5) — 1 case
City of Tampa v. Hillsborough County (1986)
“The trial judge granted certiorari review, found the ordinance invalid for failure to follow the essential requirements of section 171.044, Florida Statutes (1985), and quashed the ordinance.”
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