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: Fla. Dist. Ct. App. | Date Filed: 2012-02-22T00:00:00-08:00

Citation: 80 So. 3d 433

Snippet: the type of relief granted to the Pub. Section 171.062, Florida Statutes (2010), provides in relevant …. upon the effective date of the annexation. § 171.062(1), Fla. Stat. (2010). Section 562.14, Florida …provided for in section 171.044. Under section 171.062(1), once the property was annexed, the Pub had

Seminole County v. City of Winter Springs

Court: Fla. Dist. Ct. App. | Date Filed: 2006-05-26T00:53:00-07:00

Citation: 935 So. 2d 521

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

St. Johns Committee v. St. Augustine

Court: Fla. Dist. Ct. App. | Date Filed: 2005-09-02T00:53:00-07:00

Citation: 909 So. 2d 575

Snippet: . (emphasis added). § 171.062, Fla. Stat. The interpretation of section 171.062(2), Florida Statutes, …law by ruling it was proper, pursuant to section 171.062(2), Florida Statutes, for the City to modify the…the PUD was proper, because pursuant to section 171.062, Florida Statutes, the City had the power to modify…not agree with the Petitioner's reading of § 171.062. The statute does not specifically allow or disallow…annex areas of unincorporated territory. Section 171.062, Florida Statutes, sets out the specific effects

Alachua County v. Florida Rock Industries, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2003-01-13T23:53:00-08:00

Citation: 834 So. 2d 370

Snippet: section 171.062 applies to annexations within the county; and that under subsections 171.062(1) and (…wherein the trial court held that under section 171.062, Florida Statutes (1999), appellant no longer has… a law, ordinance, or regulation under section 171.062. We affirm, because the pertinent statutes provide… "successor in interest."[3] Section 171.062 provides, in pertinent part: (1) An area annexed…land-use plan, which are the subjects of section 171.062, the statutes relevant to the issue at bar demonstrate

MARTIN CTY. v. Dept. of Community Affairs

Court: Fla. Dist. Ct. App. | Date Filed: 2000-11-21T23:53:00-08:00

Citation: 771 So. 2d 1268

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

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Court: Fla. Att'y Gen. | Date Filed: 1991-03-25T23:53:00-08:00

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

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Court: Fla. Att'y Gen. | Date Filed: 1990-03-18T23:53:00-08:00

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: Fla. Att'y Gen. | Date Filed: 1987-02-08T23:53:00-08:00

Snippet: such tax by the municipal governing body; and s. 171.062(1) and (2), F.S., providing that an area annexed…comprehensive plan. Neither s. 171.061(1) nor s. 171.062(1) and (2) appears to address or speak to the effect

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Court: Fla. Att'y Gen. | Date Filed: 1986-04-17T23:53:00-08:00

Snippet: 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: Fla. Att'y Gen. | Date Filed: 1985-02-17T23:53:00-08:00

Snippet: date of the annexation. Section 171.062(1), F.S. Pursuant to s 171.062(2), F.S., If the area annexed…question: IS A COUNTY COMMISSION PURSUANT TO s 171.062(2), F.S., REQUIRED TO APPROVE A DECREASE IN THE…. As you have noted in your opinion request, s 171.062, F.S., requires approval of such increases in density…the only exception expressed by the terms of s 171.062(2), F.S., from the general prohibition against …opinion that, pursuant to the express terms of s 171.062(2), F.S., a county is neither required nor authorized

Pinellas County v. City of Gulfport

Court: Fla. Dist. Ct. App. | Date Filed: 1984-11-14T00:00:00-08:00

Citation: 458 So. 2d 436

Snippet: Pinellas County has alleged that under section 171.062, Florida Statutes (1981), the county had the right… stand. Appellants maintain that under section 171.062, Florida Statutes, a municipality is precluded …controls “P.U.D.s” and provides, as does section 171.062, that absent county approval, the city shall not…together, comply with the provisions of section 171.062. For these reasons, we find that the second amended

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Court: Fla. Att'y Gen. | Date Filed: 1975-08-28T00:53:00-07:00

Snippet: phrase "area annexed" as utilized in s. 171.062, F.S. (1974 Supp.)? 3. Does s. 171.044, F.S. (1974…phrase "area annexed" as utilized in s. 171.062, F.S. (1974 Supp.) The notice of the proposed adoption…not required to comply with s. 171.042. As to s.171.062, F.S. (1974 Supp.), it provides in pertinent part…phrase "area annexed" as utilized in s. 171.062. AS TO QUESTION 3: It is a well-settled rule of