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Florida Statute 171.044 | Lawyer Caselaw & Research
F.S. 171.044 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XII
MUNICIPALITIES
Chapter 171
LOCAL GOVERNMENT BOUNDARIES
View Entire Chapter
F.S. 171.044
171.044 Voluntary annexation.
(1) The owner or owners of real property in an unincorporated area of a county which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality.
(2) Upon determination by the governing body of the municipality that the petition bears the signatures of all owners of property in the area proposed to be annexed, the governing body may, at any regular meeting, adopt a nonemergency ordinance to annex said property and redefine the boundary lines of the municipality to include said property. Said ordinance shall be passed after notice of the annexation has been published at least once each week for 2 consecutive weeks in some newspaper in such city or town or, if no newspaper is published in said city or town, then in a newspaper published in the same county; and if no newspaper is published in said county, then at least three printed copies of said notice shall be posted for 4 consecutive weeks at some conspicuous place in said city or town. The notice shall give the ordinance number 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.
(3) An ordinance adopted under this section shall be filed with the clerk of the circuit court and the chief administrative officer of the county in which the municipality is located and with the Department of State within 7 days after the adoption of such ordinance. The ordinance must include a map which clearly shows the annexed area and a complete legal description of that area by metes and bounds.
(4) The method of annexation provided by this section shall be supplemental to any other procedure provided by general or special law, except that this section shall not apply to municipalities in counties with charters which provide for an exclusive method of municipal annexation.
(5) Land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves.
(6) Not fewer than 10 days prior to publishing or posting the ordinance notice required under subsection (2), the governing body of the municipality must provide a copy of the notice, via certified mail, to the board of the county commissioners of the county wherein the municipality is located. The notice provision provided in this subsection may be the basis for a cause of action invalidating the annexation.
History.s. 1, ch. 74-190; ss. 4, 5, ch. 75-297; s. 3, ch. 76-176; s. 2, ch. 86-113; s. 1, ch. 90-171; s. 16, ch. 90-279; s. 16, ch. 98-176; s. 3, ch. 2006-218.

F.S. 171.044 on Google Scholar

F.S. 171.044 on Casetext

Amendments to 171.044


Arrestable Offenses / Crimes under Fla. Stat. 171.044
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 171.044.



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)

. . . Cape Coral used the "voluntary annexation" procedure pursuant to section 171.044, Florida Statutes (2017 . . .

WHOLE WOMAN S HEALTH, PLLC, d b a s s d b a M. D. M. D. M. P. H. M. D. v. PAXTON, El Jr., 280 F. Supp. 3d 938 (W.D. Tex. 2017)

. . . . §§ 171.044, .046 (West 2017). . . . .

WHOLE WOMAN S HEALTH, PLLC, d b a s s d b a M. D. M. D. M. D. M. P. H. M. D. v. PAXTON, El Jr., 264 F. Supp. 3d 813 (W.D. Tex. 2017)

. . . . §§ 171.044, .046 (West 2017). . . . .

VILLAGE OF NORTH PALM BEACH, FLORIDA, v. S H FOSTER S, INC. d b a s, 80 So. 3d 433 (Fla. Dist. Ct. App. 2012)

. . . September 11, 2008, the Village Council granted the voluntary annexation petition pursuant to section 171.044 . . . Contra 171.044(2), Fla. Stat. . . . not dispute that the Village followed the procedures for voluntary annexation provided for in section 171.044 . . .

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

. . . See § 171.044. . . . .” § 171.044(4), Fla. Stat. (Supp.1974). . . . Section 171.044(4) speaks in terms of “counties with charters.” . . . The statutory language of section 171.044(4) compels that result. See Acosta v. . . . which provide for an exclusive method of municipal annexation.” § 171.044(4). . . .

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

. . . response, the City and SCC argued that the annexed property was reasonably compact, as required by section 171.044 . . . Specifically, section 171.044(1), Florida Statutes (2005), provides that “[t]he owner or owners of real . . .

VILLAGE OF WELLINGTON, v. PALM BEACH COUNTY, a, 941 So. 2d 595 (Fla. Dist. Ct. App. 2006)

. . . Section 171.044(4), Florida Statutes (2004), provides as follows: 171.044 Voluntary annexation.— (4) . . . Second, they urge that section 171.044(4) is simply a clarifying savings clause to avoid violation of . . . the supplemental voluntary annexation statute (section 171.044, Florida Statutes) by Dade County. . . . Appellants argue that the trial court erred because in section 171.044(4) the word “voluntary” is not . . . The method of annexation under section 171.044 is entitled “Voluntary Annexation.” . . .

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

. . . approximately 4,975 acres located in unincorporated Volusia County, Florida, pursuant to Florida Statutes § 171.044 . . . Pursuant to ... § 171.044(2), Florida Statutes, the City Commission verified the signatures of the property . . . Stat. § 171.044. . . .

WAITE DEVELOPMENT, INC. A. H. v. CITY OF MILTON,, 866 So. 2d 153 (Fla. Dist. Ct. App. 2004)

. . . The City then passed Ordinance No. 841 on April 10, 1990, which provided in part: Pursuant to Chapter 171.044 . . .

ALACHUA COUNTY, v. FLORIDA ROCK INDUSTRIES, INC., 834 So. 2d 370 (Fla. Dist. Ct. App. 2003)

. . . See § 171.044(1), Fla. Stat. (1999) (authorizing voluntary annexation). . . . .

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

. . . consolidated, challenged the annexations as failing to result in a compact urban form as required by section 171.044 . . .

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

. . . . § 171.044(1) (West Supp.1998)). . . . Ann. § 171.044(1) (West Supp.1998), Appellants had no available remedy. . . . Ann. §§ 171.044(1), 171.0413. . . . Ann. § 171.044(1) (West Supp.1998). . . .

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

. . . Section 171.044, Fla. Stat. (1989). . . . Subsection (5) of § 171.044 proscribes annexation when such annexation results in the creation of enclaves . . .

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

. . . Section 171.044(1), Florida Statutes (1987) provides: (1) The owner or owners of real property in an . . . Section 171.044(1) requires that the subject land be “reasonably compact” and section 171.031(12) defines . . .

CITY OF CLEARWATER, v. METCO DEVELOPMENT CORPORATION, 519 So. 2d 23 (Fla. Dist. Ct. App. 1987)

. . . water service is contrary to a 1975 resolution of the Pinellas County Commission, sections 180.06 and 171.044 . . .

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

. . . not contiguous to the boundaries of the City and was not reasonably compact, as required by section 171.044 . . . that the annexation would create enclaves of unincorporated county land, which is forbidden by section 171.044 . . .

METCO DEVELOPMENT CORPORATION v. CITY OF CLEARWATER,, 20 Fla. Supp. 2d 45 (Fla. Cir. Ct. 1986)

. . . Likewise, under § 171.044, Fla. . . .

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

. . . found that the property annexed was not contiguous to the existing city limits, as required by section 171.044 . . . Further, under the voluntary annexation procedure set forth in section 171.044, the only limitations . . .

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

. . . The petitioner, City of Sunrise, received a petition for voluntary annexation pursuant to section 171.044 . . . by incorporated land; and 4) the annexation area was not reasonably compact as required by section 171.044 . . . Section 171.044, Florida Statutes (1983), authorizes owners of real property in an unincorporated area . . . The opinion referred to sections 171.044(1) and 171.031(12) both of which are concerned with and refer . . . therefore concluded that the parcel sought to be annexed was “reasonably compact” as required by section 171.044 . . .

CITY OF LAKE MARY, v. COUNTY OF SEMINOLE, J. J. a k a J. J. H. J., 419 So. 2d 737 (Fla. Dist. Ct. App. 1982)

. . . ordinance because it creates islands of incorporated and unincorporated areas in violation of section 171.044 . . . this case, voluntarily petitioned the City of Lake Mary to annex their property pursuant to section 171.044 . . . property could not be annexed because the property was not “reasonably compact” as required by section 171.044 . . . Section 171.044(1), Florida Statutes (1977) provides: The owner or owners of real property in an unincorporated . . .

NORTH RIDGE GENERAL HOSPITAL, INC. v. CITY OF OAKLAND PARK,, 374 So. 2d 461 (Fla. 1979)

. . . Under section 171.044, property owners may voluntarily petition a municipality for annexation. . . .

COUNTY OF VOLUSIA, v. CITY OF DAYTONA BEACH SHORES, a, 356 So. 2d 932 (Fla. Dist. Ct. App. 1978)

. . . Section 171.044(4), Florida Statutes (1975). MILLS, Acting C. J., and ERVIN and BOOTH, JJ., concur. . . .

SILVERTHORNE v. CITY OF PORT ORANGE,, 356 So. 2d 36 (Fla. Dist. Ct. App. 1978)

. . . The ordinance was adopted pursuant to Section 171.044, Florida Statutes (1975), authorizing municipalities . . .

STATE CITY OF CASSELBERRY, a v. MAGER, C. E. C. L. C., 356 So. 2d 267 (Fla. 1978)

. . . County into its corporate limits, in accordance with the voluntary annexation provisions of Section 171.044 . . .