CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2003 Fla. App. LEXIS 203, 2003 WL 104575
...Schwartz, Assistant County Attorney, Gainesville, for Appellant. John A. DeVault, III, and Courtney K. Grimm of Bedell, Dittmar, DeVault, Pillans & Coxe, P.A., Jacksonville, for Appellee. ERVIN, J. Appellant, Alachua County, appeals from a final summary judgment wherein the trial court held that under section 171.062, Florida Statutes (1999), appellant no longer has the authority to enforce its developer's agreement with appellee, Florida Rock Industries, because the City of Newberry annexed the Florida Rock property. Alachua County contends the trial court erred by concluding that the statute applies to the developer's agreement, because the agreement is a contract rather than a law, ordinance, or regulation under section 171.062....
...ve relief. The trial court entered summary judgment against the county, finding that under its home rule charter, Alachua County's land-use responsibilities extend only to its unincorporated area; that the Alachua County Code expressly provides that section 171.062 applies to annexations within the county; and that under subsections 171.062(1) and (2), Alachua County's control over the development of the Florida Rock property passed to the City of Newberry, the county's "successor in interest." [3] Section 171.062 provides, in pertinent part: (1) An area annexed to a municipality shall be subject to all laws, ordinances, and regulations in force in that municipality and shall be entitled to the same privileges and benefits as other parts of that municipality upon the effective date of the annexation....
...t, the site plan approval and the [Developer's] Agreement, are no longer in force and effect." Although a developer's agreement is contractual in nature, [4] and is not itself a law, ordinance, regulation, or land-use plan, which are the subjects of section 171.062, the statutes relevant to the issue at bar demonstrate that the county can no longer exercise control through its developer's agreement with Florida Rock, because it is no longer the local government that has jurisdiction over Florida Rock's property....
...(1999) (Florida Local Government Development Agreement Act). Section
163.3223 provides that a local government may enact procedures regulating the creation of such agreements pertaining to "real property located within its jurisdiction " (emphasis added). As stated above, sections
171.062(1) and (2) provide that any area a municipality annexes is subject to the city's laws, ordinances, regulations, land-use plan, and zoning regulations....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2000 WL 1726948
...re was a moratorium on development. In 1997, the City of Stuart began receiving petitions for voluntary annexation of parcels of real property. Ultimately, some 1,200 acres were annexed into the City. [1] Despite the annexation, however, pursuant to section 171.062(2), Florida Statutes (1997), the parcels remained subject to Martin County's land use plan and/or zoning and subdivision regulations until such time as the City adopted comprehensive plan amendments that included the annexed parcels....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2006 WL 1459775
...Therefore, at the time of adoption, the charter amendment did provide for preemption of the City's future land use regulation as to this parcel already included within the City's jurisdiction. Even including the Rook property, however, the "Rural Area" only encompassed land governed by the County's Comprehensive Plan. Section 171.062(2), Florida Statutes, provides that if an annexed area "was subject to a county land use plan and county zoning or subdivision regulations, these regulations remain in full force and effect until the municipality adopts a comprehensiv...
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2012 WL 555486, 2012 Fla. App. LEXIS 2664
...We now turn to whether it was proper for the court to grant the equitable relief of grandfather status to the Pub until its lease expires in 2015. The Village argues that two Florida statutes are on point and bar the type of relief granted to the Pub. Section 171.062, Florida Statutes (2010), provides in relevant part: (1) An area annexed to a municipality shall be subject to all laws, ordinances, and regulations in force in that municipality ... upon the effective date of the annexation. § 171.062(1), Fla....
...at 754-55 . Pursuant to section
562.14(1), the Village had the authority to enact its ordinance regulating sale of alcohol. The Pub does not dispute that the Village followed the procedures for voluntary annexation provided for in section
171.044. Under section
171.062(1), once the property was annexed, the Pub had to comply with the liquor sales ordinance....
CopyPublished | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 13875
...deira Development), which was recently annexed into the City and which is being developed by the owner, Ponce Associates, LLC. In my view, the circuit court, in denying certiorari, failed to apply the correct law by ruling it was proper, pursuant to section 171.062(2), Florida Statutes, for the City to modify the PUD before amending its Comprehensive Plan to include the annexed property....
...perty, it could not modify the County PUD. Thus the PUD modifications were illegal. The circuit court denied the petition, finding that the City's adoption of the special master's recommendations which amended the PUD was proper, because pursuant to section 171.062, Florida Statutes, the City had the power to modify the County PUD so long as the changes were consistent with the County's comprehensive plan. It interpreted the statute as follows: The Court does not agree with the Petitioner's reading of § 171.062....
...The local governing body must hold at least two advertised public hearings on the proposed plan amendment. See §
163.3184(15), Fla. Stat. Section
171.0413, Florida Statutes, sets forth the specific procedures for municipalities to annex areas of unincorporated territory. Section
171.062, Florida Statutes, sets out the specific effects of annexations....
...(2) If the area annexed was subject to a county land use plan and county zoning or subdivision regulations, these regulations remain in full force and effect until the municipality adopts a comprehensive plan amendment that includes the annexed area. (emphasis added). § 171.062, Fla. Stat. The interpretation of section 171.062(2), Florida Statutes, as applied to these facts, appears to be a case of first impression in the State of Florida. [2] In my view, a plain reading of the statute does not support the interpretation of the circuit court below. The history of section 171.062(2), Florida Statutes, supports this view....
...All zoning changes must be consistent with the zoning entity's own comprehensive plan, not the plan in effect for the entity from whom the property is annexed. Effective October 1, 1974, the Florida legislature in section 7, Ch. 74-190, Laws of Florida, created section 171.062, Florida Statutes, including subsection 2 which reads as follows: (2) If the area annexed was subject to a county land use plan and county zoning or sub-division regulations, said regulations shall remain in full force and *579 effect...
...ations for a period of two years from the effective date of the annexation unless approval of such increase is granted by the governing body of the county. Effective October 1, 1985, the legislature in section 22, Ch. 85-55, Laws of Florida, amended section 171.062(2), Florida Statutes, as follows: (2) If the area annexed was subject to a county land use plan and county zoning or subdivision regulations, said regulations shall remain in full force and effect until the area is rezoned by the municipality to comply with its comprehensive plan otherwise provided by law....
...regulations for a period of 2 years from the effective date of the annexation unless approval of such increase is granted by the governing body of the county. Effective 15 May 1993, the Legislature in section 2, Ch. 93-243, Laws of Florida, amended section 171.062(2), Florida Statutes, as follows: (2) If the area annexed was subject to a county land use plan and county zoning or subdivision regulations, said regulations shall remain in full force and effect until the municipality adopts a comprehensive plan amendment to include the annexed area the area is rezoned by the municipality to comply with its comprehensive plan. Finally, effective 1 July 1993, the Legislature in section 17, Ch. 93-206, Laws of Florida, amended section 171.062(2), Florida Statutes, to its final form: (2) If the area annexed was subject to a county land use plan and county zoning or subdivision regulations, these said regulations shall remain in full force and effect until the municipality a...
...NOTES [1] On September 19, 2002, the City's Director of Planning and Building sent a letter to Ponce Associates' attorney, stating that Ponce Associates could eliminate the existing 18-hole golf course without additional approval from the City Commission. [2] Only three (3) Florida cases were found which cite to section 171.062, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 2427, 1984 Fla. App. LEXIS 16529
...nacting land development regulations or taking action in regard to development orders which are not consistent with the lawfully and properly adopted comprehensive plan by Section
163.3194, Florida Statutes.” Pinellas County has alleged that under section
171.062, Florida Statutes (1981), the county had the right to approve zoning changes for two years after annexation .of the property by the municipality....
...Therefore, the PPC’s allegations do not indicate that the planning documents could have any effect in the City of Gulfport. The claims for relief against appellees’ development plans based on an alleged violation of the PPC’s plan cannot stand. Appellants maintain that under section 171.062, Florida Statutes, a municipality is precluded from increasing or decreasing the density allowed by a county for two years after annexation....
...Appellants contend that Gulfport violated this section by rezoning the property where PYCC is to be built. We note that ordinance 82-10 zoned 327.99 acres as a “P.U.D.” City of Gulf-port ordinance 82-3 controls “P.U.D.s” and provides, as does section 171.062, that absent county approval, the city shall not increase or decrease the density of annexed property for two years after annexation. We believe, therefore, that ordinances 82-3 and 82-10, read together, comply with the provisions of section 171.062....
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
...11 Section
171.051 (2), F.S. (1990 Supp.). 12 Section
171.051 (3), F.S. (1990 Supp.). 13 Section
171.051 (5), F.S. (1990 Supp.). 14 Section
171.051 (7), F.S. (1990 Supp.). 15 Section
171.051 (8), (9), (10), F.S. (1990 Supp.). 16 Section
171.061 (2), F.S. 17 Section
171.062 (3), F.S.
CopyAgo (Fla. Att'y Gen. 1985).
Published | Florida Attorney General Reports
...Delegal General Counsel Board of County Commissioners Broward County Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Dear Ms. Delegal: This is in response to your request for an Attorney General's Opinion on substantially the following question: IS A COUNTY COMMISSION PURSUANT TO s 171.062 (2), F.S., REQUIRED TO APPROVE A DECREASE IN THE DENSITY ALLOWED UNDER A COUNTY LAND USE PLAN AND COUNTY ZONING OR SUBDIVISION REGULATIONS UP TO TWO YEARS AFTER AN AREA HAS BEEN ANNEXED BY A MUNICIPALITY? Your letter states that it is the cur...
...ounty Board of County Commissioners to review municipal rezonings and local land use plan amendments in areas annexed within two years after annexation if such a change would increase allowable densities. As you have noted in your opinion request, s 171.062 , F.S., requires approval of such increases in density by the governing body of the county in order to effectuate such a change....
...municipality shall be subject to all the laws, ordinances and regulations which are in force in the municipality and shall be entitled to the same privileges and benefits as other parts of the municipality upon the effective date of the annexation. Section 171.062 (1), F.S. Pursuant to s 171.062 (2), F.S., If the area annexed was subject to a county land use plan and county zoning or subdivision regulations, said regulations shall remain in full force and effect until otherwise provided by law....
...The prohibition on the decrease of density allowed under a county land use plan and regulations following annexation appears to be complete, allowing for no exception thereto. Further, it would appear that the only exception expressed by the terms of s 171.062 (2), F.S., from the general prohibition against a change in density allowed under a county land use plan and zoning or subdivision regulations is an exception for an increase in density when such increase is granted by the county governing body....
...American Surety Company of New York,
99 So.2d 877 , 880 (2 D.C.A.Fla., 1958), for the proposition that where a statute sets forth exceptions, no others may be implied to be intended. Therefore, it is my opinion that, pursuant to the express terms of s
171.062 (2), F.S., a county is neither required nor authorized to approve a decrease in the density allowed under a county land use plan and county zoning or subdivision regulations for a period of two years from the date an area has been annexed by a municipality....
