The 2023 Florida Statutes (including Special Session C)

Title XII
MUNICIPALITIES

Chapter 171
LOCAL GOVERNMENT BOUNDARIES

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F.S. 171.031

171.031 Definitions.—As used in this chapter, the following words and terms have the following meanings unless some other meaning is plainly indicated:

(1) “Annexation” means the adding of real property to the boundaries of an incorporated municipality, such addition making such real property in every way a part of the municipality.

(2) “Compactness” means concentration of a piece of property in a single area and precludes any action which would create enclaves, pockets, or finger areas in serpentine patterns. Any annexation proceeding in any county in this state must be designed in such a manner as to ensure that the area will be reasonably compact.

(3) “Contiguous” means that a substantial part of a boundary of the territory sought to be annexed by a municipality is coterminous with a part of the boundary of the municipality. The separation of the territory sought to be annexed from the annexing municipality by a publicly owned county park; a right-of-way for a highway, road, railroad, canal, or utility; or a body of water, watercourse, or other minor geographical division of a similar nature, running parallel with and between the territory sought to be annexed and the annexing municipality, may not prevent annexation under this act, provided the presence of such a division does not, as a practical matter, prevent the territory sought to be annexed and the annexing municipality from becoming a unified whole with respect to municipal services or prevent their inhabitants from fully associating and trading with each other, socially and economically. However, nothing in this subsection may be construed to allow local rights-of-way, utility easements, railroad rights-of-way, or like entities to be annexed in a corridor fashion to gain contiguity; and when any provision of any special law prohibits the annexation of territory that is separated from the annexing municipality by a body of water or watercourse, then that law shall prevent annexation under this act.

(4) “Contraction” means the reversion of real property within municipal boundaries to an unincorporated status.

(5) “Enclave” means:

(a) Any unincorporated improved or developed area that is enclosed within and bounded on all sides by a single municipality; or

(b) Any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or manmade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality.

(6) “Feasibility study” means an analysis conducted by qualified staff or consultants of the economic, market, technical, financial, and management feasibility of the proposed annexation or contraction, as applicable.

(7) “Municipality” means a municipality created pursuant to general or special law authorized or recognized pursuant to s. 2 or s. 6, Art. VIII of the State Constitution.

(8) “Newspaper of general circulation” means a newspaper printed in the language most commonly spoken in the area within which it circulates, which is readily available for purchase by all inhabitants in its area of circulation, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper whose primary function is to carry legal notices, or a newspaper that is given away primarily to distribute advertising.

(9) “Parties affected” means any persons or firms owning property in, or residing in, either a municipality proposing annexation or contraction or owning property that is proposed for annexation to a municipality or any governmental unit with jurisdiction over such area.

(10) “Qualified voter” means any person registered to vote in accordance with law.

(11) “Sufficiency of petition” means the verification of the signatures and addresses of all signers of a petition with the voting list maintained by the county supervisor of elections and certification that the number of valid signatures represents the required percentage of the total number of qualified voters in the area affected by a proposed annexation.

(12) “Urban in character” means an area used intensively for residential, urban recreational or conservation parklands, commercial, industrial, institutional, or governmental purposes or an area undergoing development for any of these purposes.

(13) “Urban purposes” means that land is used intensively for residential, commercial, industrial, institutional, and governmental purposes, including any parcels of land retained in their natural state or kept free of development as dedicated greenbelt areas.

(14) “Urban services” means any services offered by a municipality, either directly or by contract, to any of its present residents.

History.—s. 1, ch. 74-190; s. 1, ch. 75-297; s. 75, ch. 81-259; s. 1, ch. 84-148; s. 15, ch. 93-206; s. 2, ch. 2023-305.

F.S. 171.031 on Google Scholar

F.S. 171.031 on Casetext

Amendments to 171.031

Arrestable Offenses / Crimes under Fla. Stat. 171.031

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 171.031.

Annotations, Discussions, Cases:

Cases from cite.case.law:

MATLACHA CIVIC ASSOCIATION, INC. C. J. v. CITY OF CAPE CORAL,, 273 So. 3d 243 (Fla. App. Ct. 2019)

. . . Section 171.031(5) defines "parties affected" as "any persons or firms owning property in, or residing . . . and the City concedes, that the Cape Coral petitioners are "parties affected" as defined by section 171.031 . . . determined, correctly, that the Matlacha petitioners are not "parties affected" as defined by section 171.031 . . . requirements of law in the trial court's reliance on the definition of "parties affected" in section 171.031 . . . Polk City did not assert it was a party "affected" pursuant to section 171.031(5), Florida Statutes ( . . .

PINELLAS COUNTY, a v. CITY OF LARGO, a a, 964 So. 2d 847 (Fla. Dist. Ct. App. 2007)

. . . .” § 171.031(2). The Cities filed suit seeking to invalidate all three ordinances. . . . annexation “shall be designed in such a manner as to ensure that the area will be reasonably compact.” § 171.031 . . .

CITY OF CENTER HILL, v. McBRYDE,, 952 So. 2d 599 (Fla. Dist. Ct. App. 2007)

. . . .” § 171.031(12), Fla. Stat. (2005). . . .

BOARD OF COUNTY COMMISSIONERS, v. CITY OF COCOA,, 953 So. 2d 8 (Fla. Dist. Ct. App. 2007)

. . . Section 171.031(11) requires that a substantial portion of a boundary of the territory annexed must be . . .

COUNTY OF VOLUSIA, v. CITY OF DELTONA,, 925 So. 2d 340 (Fla. Dist. Ct. App. 2006)

. . . .” § 171.031(11); see also Sanford v. . . . railroad rights-of-way, and like entities may not be annexed in corridor fashion to gain contiguity. § 171.031 . . . See § 171.031(11). . . . Section 171.031(11) requires that “a substantial part of a boundary of the territory to be annexed by . . . Section 171.031(11) requires that a substantial portion of a boundary of the territory annexed must be . . .

CITY OF OAK HILL, v. CITY OF EDGEWATER, 917 So. 2d 943 (Fla. Dist. Ct. App. 2005)

. . . court misapplied the law in concluding that Edgewater was an “affected party” as defined under section 171.031 . . . Section 171.031(5) defines “parties affected”: “Parties affected” means any persons or firms owning property . . . Here, Edgewater claims it is an “affected party” under section 171.031(5) because it has a property interest . . . Section 171.031(5) expressly grants standing to “any governmental unit with jurisdiction over” the area . . .

I. LEVY, P. III, L. E. v. MIAMI- DADE COUNTY, a, 254 F. Supp. 2d 1269 (S.D. Fla. 2003)

. . . . § 171.031, a county agency, Fla. . . .

MARTIN COUNTY, a v. CITY OF STUART, a, 736 So. 2d 1264 (Fla. Dist. Ct. App. 1999)

. . . The circuit court granted certiorari as to two of the parcels because they violated section 171.031(12 . . . The county first argues that the circuit court erroneously applied section 171.031(12), which precludes . . . Significantly, the county acknowledges that section 171.031(12) is the correct law, but contends that . . . we look at the shape of the city after annexation, there are “finger areas” in violation of section 171.031 . . .

BURTON, v. CITY OF BELLE GLADE,, 178 F.3d 1175 (11th Cir. 1999)

. . . . § 171.031(11) (West 1987)). . . . Ann. § 171.031(12). . " 'Contiguous' means that a substantial part of a boundary of the territory sought . . . Ann. § 171.031(11). . . . Prior to 1975, section 171.031(11) stated, in relevant part: "Local rights-of-way, utility easements, . . .

CITY OF TALLAHASSEE, v. KOVACH, 733 So. 2d 576 (Fla. Dist. Ct. App. 1999)

. . . Purporting to refer to the wording of section 171.031(5), Florida Statutes (1995), the final judgment . . . This construction of section 171.031 is plainly erroneous. . . . In section 171.031(5), Florida Statutes (1995), the Legislature has provided a definition of “parties . . .

CITY OF PANAMA CITY, a v. L. MUNROE,, 700 So. 2d 128 (Fla. Dist. Ct. App. 1997)

. . . requirements of the law in determining that respondent had standing to challenge the annexation under section 171.031 . . .

CITY OF PANAMA CITY, a v. CITY OF SPRINGFIELD,, 700 So. 2d 101 (Fla. Dist. Ct. App. 1997)

. . . . §§ 171.081; 171.031(5), Florida Statutes (1995). . . .

BURTON, v. CITY OF BELLE GLADE,, 966 F. Supp. 1178 (S.D. Fla. 1997)

. . . . § 171.031(11). . . . Fla.Stat. § 171.031(12). . . . that such an annexation would not necessarily violate the corridor annexation prohibition of Section 171.031 . . . Stat. § 171.031(13). . . . See Fla.Stat. § 171.031(12) (defining enclave as one of the things forbidden under compactness requirement . . .

PALM BEACH COUNTY v. TOWN OF JUNO BEACH EKEY TAYLOR v. TOWN OF JUNO BEACH, 48 Fla. Supp. 2d 88 (Fla. Cir. Ct. 1991)

. . . Contiguous and compactness are defined in § 171.031 as follows: (11) “Contiguous” means that a substantial . . .

CITY OF SANFORD, v. SEMINOLE COUNTY,, 538 So. 2d 113 (Fla. Dist. Ct. App. 1989)

. . . . § 171.031(11), Fla.Stat. (1987). . . . Section 171.031(11) only requires “that a substantial part of a boundary” touch municipal property. . . . Section 171.044(1) requires that the subject land be “reasonably compact” and section 171.031(12) defines . . .

CITY OF TAMPA, a v. HILLSBOROUGH COUNTY, a, 504 So. 2d 10 (Fla. Dist. Ct. App. 1986)

. . . . § 171.031(5). . . .

MAY, Ft. a Ft. v. LEE COUNTY, a, 483 So. 2d 481 (Fla. Dist. Ct. App. 1986)

. . . such land is “urban in character” as that phrase is employed in section 171.021 and defined in section 171.031 . . .

CITY OF SUNRISE, a v. BROWARD COUNTY, a, 473 So. 2d 1387 (Fla. Dist. Ct. App. 1985)

. . . The opinion referred to sections 171.044(1) and 171.031(12) both of which are concerned with and refer . . . That Broward County is a “party affected” seems clear from the wording of section 171.031(5), Florida . . .

SCA SERVICES OF FLORIDA, INC. v. CITY OF TALLAHASSEE, a, 418 So. 2d 1148 (Fla. Dist. Ct. App. 1982)

. . . Section 171.031(5), Florida Statutes, defines “parties affected” as “any . . . firms owning property . . .

SCA SERVICES OF FLORIDA, INC. v. CITY OF TALLAHASSEE, a TIMBERLANE SHOPS ON SQUARE, INC. v. CITY OF TALLAHASSEE,, 393 So. 2d 35 (Fla. Dist. Ct. App. 1981)

. . . This is evident from the prospective language used in Section 171.081 and Section 171.031(5), i. e., . . .