Florida Statutes
Fla. Stat. § 171.081 (2025)
Appeal on annexation or contraction.
✓ 2025 Florida Statutes — current through the 2025 Regular Session Cite as: Fla. Stat. § 171.081 (2025)
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171.081 Appeal on annexation or contraction.—
(1) Any party affected who believes that he or she will suffer material injury by reason of the failure of the municipal governing body to comply with the procedures set forth in this chapter for annexation or contraction or to meet the requirements established for annexation or contraction as they apply to his or her property may file a petition in the circuit court for the county in which the municipality or municipalities are located seeking review by certiorari. The action may be initiated at the party’s option within 30 days following the passage of the annexation or contraction ordinance or within 30 days following the completion of the dispute resolution process in subsection (2). In any action instituted pursuant to this subsection, the complainant, should he or she prevail, shall be entitled to reasonable costs and attorney’s fees.
(2) If the affected party is a governmental entity, no later than 30 days following the passage of an annexation or contraction ordinance, the governmental entity must initiate and proceed through the conflict resolution procedures established in chapter 164. If there is a failure to resolve the conflict, no later than 30 days following the conclusion of the procedures established in chapter 164, the governmental entity that initiated the conflict resolution procedures may file a petition in the circuit court for the county in which the municipality or municipalities are located seeking review by certiorari. In any legal action instituted pursuant to this subsection, the prevailing party is entitled to reasonable costs and attorney’s fees.
History.—s. 1, ch. 74-190; s. 3, ch. 78-95; s. 916, ch. 95-147; s. 5, ch. 2006-218.
Notes of Decisions
Cited in 25
cases (1 in the last 5 years), 1977–2025 · leading case: Hart v. City of Groveland
Hart v. City of Groveland (2006)
“The record establishes that in November 2003, Hart filed a verified petition for writ of certiorari pursuant to section 171.081, Florida Statutes (2003), challenging four annexation ordinances.”
SCA SERVICES, ETC. v. City of Tallahassee (1982)
“[3] Section 171.081, Florida Statutes, states: Appeal on annexation or contraction.”
City of Tallahassee v. Kovach (1999)
“In annexation matters, section 171.081, Florida Statutes (1995), provides for certiorari review by the circuit court: Appeal on annexation or contraction.”
State Ex Rel. City of Casselberry v. Mager (1978)
“[2] § 171.081, Fla. Stat. (1975). [3] Ch. 74-310, Laws of Florida, enacting § 120.”
SCA Services of Florida, Inc. v. City of Tallahassee (1981)
“The City responded by filing a motion to dismiss, contending that SCA was required to challenge the annexation within thirty days following the passage of the annexation ordinance by the City Commission as required by Section 171.081, Fla. Stat. (1979). On May 18, 1980, the…”
City of Lake Mary v. County of Seminole (1982)
“ontraction ordinance, any party affected who believes that he will suffer material injury by reason of the failure of the municipal governing body to comply with the procedures set forth in this chapter for annexation or contraction or to meet the requirements established by…”
City of Sunrise v. Broward County (1985)
“Section 171.081, Florida Statutes (1983), authorizes any "party affected" who believes he will suffer material injury by reason of the failure of the city to comply with the statutory procedure for annexation to seek certiorari review of the proposed ordinance.”
County of Volusia v. City of Deltona (2006)
“This Court, in recognition of Levler's [sic] justiciable interest in this cause and in the interest of judicial *343 economy, permitted Leffler's intervention.”
NORTH RIDGE GEN. HOSPITAL, INC. v. City of Oakland Park (1979)
“Further, section 171.081 provides for limited judicial review of the annexation process.”
City of Auburndale v. Town of Polk City (2005)
“" § 171.081, Fla. Stat. (2003). Thus, for an entity to have standing to seek review by certiorari, it must be "affected" by and anticipate "material injury" from the annexation.”
City of Center Hill v. McBryde (2007)
“Furthermore, the [City's and SCC's] argument that the annexation does not create a pocket is not supported by competent substantial evidence because [their] own expert did not know what a pocket was for the purposes of annexation.”
CTY. OF SEMINOLE v. City of Lake Mary (1977)
“" The City of Lake Mary has moved to dismiss the petition on the ground that jurisdiction to review annexation ordinances is in the Circuit Court pursuant to Section 171.081, Florida Statutes (1975).”
— 171.081(1) — 2 cases
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