Florida Statute 171.81 - Full Text and Legal Analysis

The 2025 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.

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Amendments to 171.081

Annotations, Discussions, Cases:

Cases Citing Statute 171.081

Total Results: 24

NORTH RIDGE GEN. HOSPITAL, INC. v. City of Oakland Park

374 So. 2d 461, 1979 Fla. LEXIS 4684

Supreme Court of Florida | Filed: Jun 7, 1979 | Docket: 1523401

Cited 29 times | Published

to vote on the annexation issue. Further, section 171.081 provides for limited judicial review of the

NORTH RIDGE GEN. HOSPITAL, INC. v. City of Oakland Park

374 So. 2d 461, 1979 Fla. LEXIS 4684

Supreme Court of Florida | Filed: Jun 7, 1979 | Docket: 1523401

Cited 29 times | Published

to vote on the annexation issue. Further, section 171.081 provides for limited judicial review of the

State Ex Rel. City of Casselberry v. Mager

356 So. 2d 267

Supreme Court of Florida | Filed: Feb 23, 1978 | Docket: 1478692

Cited 18 times | Published

NOTES [1] Art. V, § 3(b)(4), Fla. Const. [2] § 171.081, Fla. Stat. (1975). [3] Ch. 74-310, Laws of Florida

SCA SERVICES, ETC. v. City of Tallahassee

418 So. 2d 1148

District Court of Appeal of Florida | Filed: Aug 23, 1982 | Docket: 1685875

Cited 10 times | Published

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

Martin County v. City of Stuart

736 So. 2d 1264, 1999 WL 493267

District Court of Appeal of Florida | Filed: Jul 14, 1999 | Docket: 1429852

Cited 9 times | Published

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

City of Sunrise v. Broward County

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

District Court of Appeal of Florida | Filed: Aug 21, 1985 | Docket: 1510535

Cited 9 times | Published

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

Hart v. City of Groveland

919 So. 2d 665, 2006 WL 192524

District Court of Appeal of Florida | Filed: Jan 27, 2006 | Docket: 1678545

Cited 6 times | Published

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

County of Volusia v. City of Deltona

925 So. 2d 340, 2006 Fla. App. LEXIS 460, 2006 WL 140380

District Court of Appeal of Florida | Filed: Jan 20, 2006 | Docket: 2518507

Cited 6 times | Published

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

City of Tampa v. Hillsborough County

504 So. 2d 10, 12 Fla. L. Weekly 143

District Court of Appeal of Florida | Filed: Dec 30, 1986 | Docket: 1511172

Cited 5 times | Published

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

City of Center Hill v. McBryde

952 So. 2d 599, 2007 WL 858636

District Court of Appeal of Florida | Filed: Mar 23, 2007 | Docket: 1703202

Cited 3 times | Published

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

City of Tallahassee v. Kovach

733 So. 2d 576, 1999 WL 312242

District Court of Appeal of Florida | Filed: May 19, 1999 | Docket: 1659871

Cited 3 times | Published

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

Poulos v. Martin County

700 So. 2d 163, 1997 WL 632047

District Court of Appeal of Florida | Filed: Oct 15, 1997 | Docket: 1373631

Cited 3 times | Published

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

City of Sanford v. Seminole County

538 So. 2d 113, 14 Fla. L. Weekly 409, 1989 Fla. App. LEXIS 597, 1989 WL 8703

District Court of Appeal of Florida | Filed: Feb 9, 1989 | Docket: 472294

Cited 3 times | Published

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

City of Auburndale v. Town of Polk City

898 So. 2d 1101, 2005 WL 711707

District Court of Appeal of Florida | Filed: Mar 30, 2005 | Docket: 1732333

Cited 2 times | Published

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

City of Lake Mary v. County of Seminole

419 So. 2d 737

District Court of Appeal of Florida | Filed: Sep 22, 1982 | Docket: 1586159

Cited 2 times | Published

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

CTY. OF SEMINOLE v. City of Lake Mary

347 So. 2d 674

District Court of Appeal of Florida | Filed: Jun 3, 1977 | Docket: 2467731

Cited 2 times | Published

Court pursuant to Section 171.081, Florida Statutes (1975). Unfortunately, Section 171.081 is no model of

MATLACHA CIVIC ASSOC., INC. v. CITY OF CAPE CORAL, FLORIDA

273 So. 3d 243

District Court of Appeal of Florida | Filed: May 22, 2019 | Docket: 15658395

Published

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

259 So. 3d 129

District Court of Appeal of Florida | Filed: Nov 14, 2018 | Docket: 8186517

Published

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

Ago

Florida Attorney General Reports | Filed: Sep 24, 2007 | Docket: 3255813

Published

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

BOARD OF COUNTY COM'RS v. City of Cocoa

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

District Court of Appeal of Florida | Filed: Jan 5, 2007 | Docket: 1712749

Published

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

City of Oak Hill v. City of Edgewater

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

District Court of Appeal of Florida | Filed: Dec 16, 2005 | Docket: 64841623

Published

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

City of Tallahassee v. J.R.

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

District Court of Appeal of Florida | Filed: Nov 9, 2000 | Docket: 64801760

Published

not a “party affected” within the meaning of section 171.081, Florida Statutes (1999). The City cites our

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

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

District Court of Appeal of Florida | Filed: Jan 16, 1981 | Docket: 64579990

Published

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

Silverthorne v. City of Port Orange

356 So. 2d 36, 1978 Fla. App. LEXIS 15512

District Court of Appeal of Florida | Filed: Mar 7, 1978 | Docket: 64563303

Published

plaintiffs’ choice of remedy in the circuit court. See § 171.081, Fla.Stat. (1975); State ex rel. City of Casselberry