Florida Statute 171.062 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XII
MUNICIPALITIES

Chapter 171
LOCAL GOVERNMENT BOUNDARIES

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F.S. 171.062

171.062 Effects of annexations or contractions.—

(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.

(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.

(3) An area excluded from a municipality shall no longer be subject to any laws, ordinances, or regulations in force in the municipality from which it was excluded and shall no longer be entitled to the privileges and benefits accruing to the area within the municipal boundaries upon the effective date of the exclusion. It shall be subject to all laws, ordinances, and regulations in force in that county.

(4)(a) A party that has an exclusive franchise which was in effect for at least 6 months prior to the initiation of an annexation to provide solid waste collection services in an unincorporated area may continue to provide such services to an annexed area for 5 years or the remainder of the franchise term, whichever is shorter, if:

1. The franchisee provides, if the annexing municipality requires, a level of quality and frequency of service which is equivalent to that required by the municipality in other areas of the municipality not served by the franchisee, and

2. The franchisee provides such service to the annexed area at a reasonable cost. The cost must include the following as related to providing services to the annexed area:

a. Capital costs for land, structures, vehicles, equipment, and other items used for solid waste management;

b. Operating and maintenance costs for solid waste management;

c. Costs to comply with applicable statutes, rules, permit conditions, and insurance requirements;

d. Disposal costs; and

e. A reasonable profit.

If the municipality and the franchisee cannot enter into an agreement as to such cost, they shall submit the matter of cost to arbitration.

(b) A municipality, at its option, may allow the franchisee to continue providing services pursuant to the existing franchise agreement.

(c) A municipality may terminate any franchise if the franchisee does not agree to comply with the requirements of paragraph (a) within 90 days after the effective date of the proposed annexation.

(5) A party that has a contract that was in effect for at least 6 months prior to the initiation of an annexation to provide solid waste collection services in an unincorporated area may continue to provide such services to an annexed area for 5 years or the remainder of the contract term, whichever is shorter. Within a reasonable time following a written request to do so, the party shall provide the annexing municipality with a copy of the pertinent portion of the contract or other written evidence showing the duration of the contract, excluding any automatic renewals or so-called “evergreen” provisions. This subsection does not apply to contracts to provide solid waste collection services to single-family residential properties in those enclaves described in s. 171.046.

History.—s. 1, ch. 74-190; s. 22, ch. 85-55; s. 1, ch. 88-92; s. 17, ch. 93-206; s. 2, ch. 93-243; s. 2, ch. 2000-304.

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Amendments to 171.062

Arrestable Offenses / Crimes under Fla. Stat. 171.062

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 171.062.

Annotations, Discussions, Cases:

Cases Citing Statute 171.062

Total Results: 12

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: the type of relief granted to the Pub. Section 171.062, Florida Statutes (2010), provides in relevant

Seminole County v. City of Winter Springs

Court: District Court of Appeal of Florida | Date Filed: 2006-05-26

Citation: 935 So. 2d 521, 2006 WL 1459775

Snippet: governed by the County's Comprehensive Plan. Section 171.062(2), Florida Statutes, provides that if an annexed

St. Johns Committee v. St. Augustine

Court: District Court of Appeal of Florida | Date Filed: 2005-09-02

Citation: 909 So. 2d 575, 2005 Fla. App. LEXIS 13875

Snippet: law by ruling it was proper, pursuant to section 171.062(2), Florida Statutes, for the City to modify the

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: wherein the trial court held that under section 171.062, Florida Statutes (1999), appellant no longer has

MARTIN CTY. v. Dept. of Community Affairs

Court: District Court of Appeal of Florida | Date Filed: 2000-11-22

Citation: 771 So. 2d 1268, 2000 WL 1726948

Snippet: Despite the annexation, however, pursuant to section 171.062(2), Florida Statutes (1997), the parcels remained

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Court: Florida Attorney General Reports | Date Filed: 1991-03-26

Snippet: Supp.). 16 Section 171.061(2), F.S. 17 Section 171.062(3), F.S.

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Court: Florida Attorney General Reports | Date Filed: 1990-03-19

Snippet: Butterworth Attorney General RAB/tjw 1 See, s. 171.062(2), F.S., providing that if an area annexed was

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Court: Florida Attorney General Reports | Date Filed: 1987-02-09

Snippet: such tax by the municipal governing body; and s. 171.062(1) and (2), F.S., providing that an area annexed

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Court: Florida Attorney General Reports | Date Filed: 1986-04-18

Snippet: to documentary stamp taxes. See also, AGO's 70-171, 62-145 and 61-176. Cf., Nelson v. Watson, 155 So.

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Court: Florida Attorney General Reports | Date Filed: 1985-02-18

Snippet: question: IS A COUNTY COMMISSION PURSUANT TO s 171.062(2), F.S., REQUIRED TO APPROVE A DECREASE IN THE

Pinellas County v. City of Gulfport

Court: District Court of Appeal of Florida | Date Filed: 1984-11-14

Citation: 458 So. 2d 436, 9 Fla. L. Weekly 2427, 1984 Fla. App. LEXIS 16529

Snippet: Pinellas County has alleged that under section 171.062, Florida Statutes (1981), the county had the right

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Court: Florida Attorney General Reports | Date Filed: 1975-08-28

Snippet: of the phrase "area annexed" as utilized in s. 171.062, F.S. (1974 Supp.)? 3. Does s. 171.044, F.S. (1974