Florida Statute 171.081 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XII
MUNICIPALITIES

Chapter 171
LOCAL GOVERNMENT BOUNDARIES

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F.S. 171.081

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.

F.S. 171.081 on Google Scholar

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Amendments to 171.081

Arrestable Offenses / Crimes under Fla. Stat. 171.081

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 171.081.

Annotations, Discussions, Cases:

Cases Citing Statute 171.081

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: certiorari review of the ordinance pursuant to section 171.081(1).

THE CITY OF PALM BEACH GARDENS v. LOUIS F. OXENVAD, CARRIE GRUBER, MICHAEL GRUBER and ROBERT KLINE

Court: District Court of Appeal of Florida | Date Filed: 2018-11-14

Citation: 259 So. 3d 129

Snippet: money judgment in the county court). Section 171.081, Florida Statutes (2017), sets forth the procedure

Ago

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

Snippet: annexation appeal a denial pursuant to section 171.081, Florida Statutes? Question One Chapter 171,

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: review annexation ordinances by certiorari. § 171.081, Fla. Stat. (2005); see also County of Volusia

BOARD OF COUNTY COM'RS v. City of Cocoa

Court: District Court of Appeal of Florida | Date Filed: 2007-01-05

Citation: 953 So. 2d 8, 2007 Fla. App. LEXIS 91, 2007 WL 28294

Snippet: annexation ordinances by certiorari pursuant to section 171.081, Florida Statutes. In the first-tier review, the

Hart v. City of Groveland

Court: District Court of Appeal of Florida | Date Filed: 2006-01-27

Citation: 919 So. 2d 665, 2006 WL 192524

Snippet: petition for writ of certiorari pursuant to section 171.081, Florida Statutes (2003), challenging four annexation

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: validity of the annexation ordinance under section 171.081. The County timely petitioned for certiorari review

City of Oak Hill v. City of Edgewater

Court: District Court of Appeal of Florida | Date Filed: 2005-12-16

Citation: 917 So. 2d 943, 2005 Fla. App. LEXIS 19955, 2005 WL 3439916

Snippet: for certiorari in circuit court under section 171.081, and Edgewater filed a similar petition shortly

City of Auburndale v. Town of Polk City

Court: District Court of Appeal of Florida | Date Filed: 2005-03-30

Citation: 898 So. 2d 1101, 2005 WL 711707

Snippet: petition ... seeking review by certiorari." § 171.081, Fla. Stat. (2003). Thus, for an entity to have

City of Tallahassee v. J.R.

Court: District Court of Appeal of Florida | Date Filed: 2000-11-09

Citation: 771 So. 2d 587, 2000 Fla. App. LEXIS 14665, 2000 WL 1675996

Snippet: “party affected” within the meaning of section 171.081, Florida Statutes (1999). The City cites our recent

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: review in the circuit court pursuant to section 171.081, Florida Statute (1997). The petitions, which were

City of Tallahassee v. Kovach

Court: District Court of Appeal of Florida | Date Filed: 1999-05-19

Citation: 733 So. 2d 576, 1999 WL 312242

Snippet: plainly erroneous. In annexation matters, section 171.081, Florida Statutes (1995), provides for certiorari

Poulos v. Martin County

Court: District Court of Appeal of Florida | Date Filed: 1997-10-15

Citation: 700 So. 2d 163, 1997 WL 632047

Snippet: review as an "action" in the very same section. § 171.081, Fla. Stat. (1995). Nevertheless, Judge Wentworth

City of Panama City v. City of Springfield

Court: District Court of Appeal of Florida | Date Filed: 1997-10-07

Citation: 700 So. 2d 101, 1997 Fla. App. LEXIS 11444, 1997 WL 611769

Snippet: standing to challenge the annexation ordinances. §§ 171.081; 171.031(5), Florida Statutes (1995). Accordingly

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: W., Jr., Associate Judge, concur. NOTES [1] § 171.081, Fla. Stat. (1987). [2] In City of Deerfield Beach

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: he did, and deny the City's petition. Section 171.081, Florida Statutes (1985), provides that any party

City of Sunrise v. Broward County

Court: District Court of Appeal of Florida | Date Filed: 1985-08-21

Citation: 473 So. 2d 1387, 10 Fla. L. Weekly 2000

Snippet: seek review of the ordinance in question. Section 171.081, Florida Statutes (1983), authorizes any "party

City of Lake Mary v. County of Seminole

Court: District Court of Appeal of Florida | Date Filed: 1982-09-22

Citation: 419 So. 2d 737

Snippet: ordinance annexing the property. Pursuant to section 171.081, Florida Statutes (1977),[2] the County petitioned

SCA SERVICES, ETC. v. City of Tallahassee

Court: District Court of Appeal of Florida | Date Filed: 1982-08-23

Citation: 418 So. 2d 1148

Snippet: The legislature has also set forth in Section 171.081[3] the method by which judicial review of any annexation

SCA Services of Florida, Inc. v. City of Tallahassee

Court: District Court of Appeal of Florida | Date Filed: 1981-01-16

Citation: 393 So. 2d 35, 1981 Fla. App. LEXIS 19405

Snippet: by the City Commission as required by Section 171.081, Fla. Stat. (1979). On May 18, 1980, the trial