Florida Statute 171.044 | Lawyer Caselaw & Research

The 2024 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.

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Amendments to 171.044

Arrestable Offenses / Crimes under Fla. Stat. 171.044

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 171.044.

Annotations, Discussions, Cases:

Cases Citing Statute 171.044

Total Results: 20

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

Court: District Court of Appeal of Florida | Date Filed: 2019-05-22

Citation: 273 So. 3d 243

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

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

Court: District Court of Appeal of Florida | Date Filed: 2012-02-22

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

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

Ago

Court: Florida Attorney General Reports | Date Filed: 2007-09-24

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

Pinellas County v. City of Largo

Court: District Court of Appeal of Florida | Date Filed: 2007-09-19

Citation: 964 So. 2d 847, 2007 WL 2713544

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

City of Center Hill v. McBryde

Court: District Court of Appeal of Florida | Date Filed: 2007-03-23

Citation: 952 So. 2d 599, 2007 WL 858636

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

Village of Wellington v. Palm Beach County

Court: District Court of Appeal of Florida | Date Filed: 2006-11-22

Citation: 941 So. 2d 595, 2006 WL 3373045

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

County of Volusia v. City of Deltona

Court: District Court of Appeal of Florida | Date Filed: 2006-01-20

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

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

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Court: Florida Attorney General Reports | Date Filed: 2005-01-27

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

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Court: Florida Attorney General Reports | Date Filed: 2004-04-30

Snippet: to a referendum on such annexation when section 171.044, Florida Statutes, providing for voluntary annexations

WAITE DEVELOPMENT INC. v. City of Milton

Court: District Court of Appeal of Florida | Date Filed: 2004-02-19

Citation: 866 So. 2d 153, 2004 WL 305663

Snippet: 1990, which provided in part: Pursuant to Chapter 171.044 of the Florida Statutes, and pursuant to a Petition

Alachua County v. Florida Rock Industries, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2003-01-14

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

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

Martin County v. City of Stuart

Court: District Court of Appeal of Florida | Date Filed: 1999-07-14

Citation: 736 So. 2d 1264, 1999 WL 493267

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

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Court: Florida Attorney General Reports | Date Filed: 1989-09-13

Snippet: through the voluntary annexation procedure in s. 171.044, F.S. These properties are located on the east

City of Sanford v. Seminole County

Court: District Court of Appeal of Florida | Date Filed: 1989-02-09

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

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

City of Clearwater v. Metco Development Corp.

Court: District Court of Appeal of Florida | Date Filed: 1987-12-02

Citation: 519 So. 2d 23, 12 Fla. L. Weekly 2783, 1987 Fla. App. LEXIS 11299, 1987 WL 2125

Snippet: Pinellas County Commission, sections 180.06 and 171.044, Florida Statutes (1985), and the “organic law”

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Court: Florida Attorney General Reports | Date Filed: 1987-06-01

Snippet: annexation is applicable. See, s. 171.044(4), F.S. (1986 Supp.). Section 171.044, F.S. (1986 Supp.), provides

City of Tampa v. Hillsborough County

Court: District Court of Appeal of Florida | Date Filed: 1986-12-30

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

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

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

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