Florida Florida Statutes

§ 171.0413 — Annexation procedures

FS § 171.0413Ch. 171

Statute text

Any municipality may annex contiguous, compact, unincorporated territory in the following manner:(1) An ordinance proposing to annex an area of contiguous, compact, unincorporated territory must be adopted by the governing body of the annexing municipality pursuant to the procedure for the adoption of a nonemergency ordinance established by s. 166.041.(a) Before the adoption of the ordinance of annexation, the local governing body shall hold at least two advertised public hearings. The first public hearing must be on a weekday at least 7 days after the day that the first advertisement is published. The second public hearing must be held on a weekday at least 5 days after the day that the second advertisement is published. Each such ordinance shall propose only one reasonably compact area to be annexed.

(b)A municipality seeking to annex state-owned lands must, in writing or by e-mail, notify each member of the legislative delegation of the county in which the land is located when the advertisement for the first public hearing is published.

(c)Before the ordinance of annexation becomes effective, a referendum on annexation must be held as set out below, and, if approved by the referendum, the ordinance shall become effective 10 days after the referendum or as otherwise provided in the ordinance, but not more than 1 year following the date of the referendum.

(2)Following the final adoption of the ordinance of annexation by the governing body of the annexing municipality, the ordinance shall be submitted to a vote of the registered electors of the area proposed to be annexed. The governing body of the annexing municipality may also choose to submit the ordinance of annexation to a separate vote of the registered electors of the annexing municipality. The referendum on annexation shall be called and conducted and the expense thereof paid by the governing body of the annexing municipality.(a) The referendum on annexation shall be held at the next regularly scheduled election following the final adoption of the ordinance of annexation by the governing body of the annexing municipality or at a special election called for the purpose of holding the referendum. However, the referendum, whether held at a regularly scheduled election or at a special election, shall not be held sooner than 30 days following the final adoption of the ordinance by the governing body of the annexing municipality.

(b)The governing body of the annexing municipality shall publish notice of the referendum on annexation at least once each week for 2 consecutive weeks immediately preceding the date of the referendum in a newspaper of general circulation in the area in which the referendum is to be held. The notice shall give the ordinance number, the time and places for the referendum, and a brief, general description of the area proposed to be annexed. The description shall include a map clearly showing the area and a statement that the complete legal description by metes and bounds and the ordinance can be obtained from the office of the city clerk.

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Legislative history

s. 1, ch. 74-190; s. 2, ch. 76-176.