The 2023 Florida Statutes (including Special Session C)

Title XII
MUNICIPALITIES

Chapter 171
LOCAL GOVERNMENT BOUNDARIES

View Entire Chapter

F.S. 171.043

171.043 Character of the area to be annexed.—A municipal governing body may propose to annex an area only if it meets the general standards of subsection (1) and the requirements of either subsection (2) or subsection (3).

(1) The total area to be annexed must be contiguous to the municipality’s boundaries at the time the annexation proceeding is begun and reasonably compact, and no part of the area shall be included within the boundary of another incorporated municipality.

(2) Part or all of the area to be annexed must be developed for urban purposes. An area developed for urban purposes is defined as any area which meets any one of the following standards:

(a) It has a total resident population equal to at least two persons for each acre of land included within its boundaries;

(b) It has a total resident population equal to at least one person for each acre of land included within its boundaries and is subdivided into lots and tracts so that at least 60 percent of the total number of lots and tracts are 1 acre or less in size; or

(c) It is so developed that at least 60 percent of the total number of lots and tracts in the area at the time of annexation are used for urban purposes, and it is subdivided into lots and tracts so that at least 60 percent of the total acreage, not counting the acreage used at the time of annexation for nonresidential urban purposes, consists of lots and tracts 5 acres or less in size.

(3) In addition to the area developed for urban purposes, a municipal governing body may include in the area to be annexed any area which does not meet the requirements of subsection (2) if such area either:

(a) Lies between the municipal boundary and an area developed for urban purposes, so that the area developed for urban purposes is either not adjacent to the municipal boundary or cannot be served by the municipality without extending services or water or sewer lines through such sparsely developed area; or

(b) Is adjacent, on at least 60 percent of its external boundary, to any combination of the municipal boundary and the boundary of an area or areas developed for urban purposes as defined in subsection (2).

The purpose of this subsection is to permit municipal governing bodies to extend corporate limits to include all nearby areas developed for urban purposes and, where necessary, to include areas which at the time of annexation are not yet developed for urban purposes whose future probable use is urban and which constitute necessary land connections between the municipality and areas developed for urban purposes or between two or more areas developed for urban purposes.

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

F.S. 171.043 on Google Scholar

F.S. 171.043 on Casetext

Amendments to 171.043

Arrestable Offenses / Crimes under Fla. Stat. 171.043

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 171.043.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . In so ruling, we note that we do not necessarily disagree with Judge Evander’s analysis of section 171.043 . . . The issue is whether section 171.043, Florida Statutes (2003), permits a municipality to involuntarily . . . Section 171.043 provides that a municipality .may involuntarily annex property only if it meets the general . . .

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

. . . not apply to voluntary annexations and that the criteria set forth in sections 171.0413, 171.042, and 171.043 . . .

TOWN OF BALDWIN, a B. Jr. A. G. Sr. v. CONSOLIDATED CITY OF JACKSONVILLE,, 610 So. 2d 95 (Fla. Dist. Ct. App. 1992)

. . . Section 171.043, Florida Statutes, prohibits annexation of an area “included within the boundary of another . . . protected from annexation of land within its boundaries by another municipality pursuant to section 171.043 . . .

A. CAPELLA, v. CITY OF GAINESVILLE,, 377 So. 2d 658 (Fla. 1979)

. . . The lands sought to be annexed must meet all the standards specified in section 171.043, Florida Statutes . . .