The 2023 Florida Statutes (including Special Session C)

Title XII
MUNICIPALITIES

Chapter 171
LOCAL GOVERNMENT BOUNDARIES

View Entire Chapter

F.S. 171.062

171.062 Effects of annexations or contractions.—

(1) An area annexed to a municipality shall be subject to all laws, ordinances, and regulations in force in that municipality and shall be entitled to the same privileges and benefits as other parts of that municipality upon the effective date of the annexation.

(2) If the area annexed was subject to a county land use plan and county zoning or subdivision regulations, these regulations remain in full force and effect until the municipality adopts a comprehensive plan amendment that includes the annexed area.

(3) An area excluded from a municipality shall no longer be subject to any laws, ordinances, or regulations in force in the municipality from which it was excluded and shall no longer be entitled to the privileges and benefits accruing to the area within the municipal boundaries upon the effective date of the exclusion. It shall be subject to all laws, ordinances, and regulations in force in that county.

(4)(a) A party that has an exclusive franchise which was in effect for at least 6 months prior to the initiation of an annexation to provide solid waste collection services in an unincorporated area may continue to provide such services to an annexed area for 5 years or the remainder of the franchise term, whichever is shorter, if:

1. The franchisee provides, if the annexing municipality requires, a level of quality and frequency of service which is equivalent to that required by the municipality in other areas of the municipality not served by the franchisee, and

2. The franchisee provides such service to the annexed area at a reasonable cost. The cost must include the following as related to providing services to the annexed area:

a. Capital costs for land, structures, vehicles, equipment, and other items used for solid waste management;

b. Operating and maintenance costs for solid waste management;

c. Costs to comply with applicable statutes, rules, permit conditions, and insurance requirements;

d. Disposal costs; and

e. A reasonable profit.

If the municipality and the franchisee cannot enter into an agreement as to such cost, they shall submit the matter of cost to arbitration.

(b) A municipality, at its option, may allow the franchisee to continue providing services pursuant to the existing franchise agreement.

(c) A municipality may terminate any franchise if the franchisee does not agree to comply with the requirements of paragraph (a) within 90 days after the effective date of the proposed annexation.

(5) A party that has a contract that was in effect for at least 6 months prior to the initiation of an annexation to provide solid waste collection services in an unincorporated area may continue to provide such services to an annexed area for 5 years or the remainder of the contract term, whichever is shorter. Within a reasonable time following a written request to do so, the party shall provide the annexing municipality with a copy of the pertinent portion of the contract or other written evidence showing the duration of the contract, excluding any automatic renewals or so-called “evergreen” provisions. This subsection does not apply to contracts to provide solid waste collection services to single-family residential properties in those enclaves described in s. 171.046.

History.—s. 1, ch. 74-190; s. 22, ch. 85-55; s. 1, ch. 88-92; s. 17, ch. 93-206; s. 2, ch. 93-243; s. 2, ch. 2000-304.

F.S. 171.062 on Google Scholar

F.S. 171.062 on Casetext

Amendments to 171.062

Arrestable Offenses / Crimes under Fla. Stat. 171.062

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 171.062.

Annotations, Discussions, Cases:

Cases from cite.case.law:

LEXRA, INC. v. CITY OF DEERFIELD BEACH, FLORIDA,, 593 F. App'x 860 (11th Cir. 2014)

. . . or alcoholic beverages of any kind” after the ordinance’s 2:00 a.m. deadline) and Florida Statutes § 171.062 . . . We also note that the district court determined that Florida Statutes § 171.062(1) was not applicable . . . The implication of the court’s opinion on this point is that if § 171.062(1) does not apply, then newly . . . But even if the court correctly determined that § 171.062(1) is inapplicable in this case, the fact remains . . . Appellants’ equal-protection claim thus remains regardless of whether § 171.062(1) is applicable. . . .

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)

. . . Section 171.062, Florida Statutes (2010), provides in relevant part: (1) An area annexed to a municipality . . . ordinances, and regulations in force in that municipality ... upon the effective date of the annexation. § 171.062 . . . Under section 171.062(1), once the property was annexed, the Pub had to comply with the liquor sales . . .

SEMINOLE COUNTY, v. CITY OF WINTER SPRINGS,, 935 So. 2d 521 (Fla. Dist. Ct. App. 2006)

. . . Section 171.062(2), Florida Statutes, provides that if an annexed area “was subject to a county land . . .

ST. JOHNS ST. AUGUSTINE, COMMITTEE, v. CITY OF ST. AUGUSTINE,, 909 So. 2d 575 (Fla. Dist. Ct. App. 2005)

. . . in denying certiora-ri, failed to apply the correct law by ruling it was proper, pursuant to section 171.062 . . . Section 171.062, Florida Statutes, sets out the specific effects of annexations. . . . . § 171.062, Fla. Stat. . . . The history of section 171.062(2), Florida Statutes, supports this view. . . . Only three (3) Florida cases were found which cite to section 171.062, Florida Statutes. . . .

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

. . . Alachua County, appeals from a final summary judgment wherein the trial court held that under section 171.062 . . . agreement, because the agreement is a contract rather than a law, ordinance, or regulation under section 171.062 . . . applies to annexations within the county; and that under subsections 171.062(1) and (2), Alachua County . . . Section 171.062 provides, in pertinent part: (1) An area annexed to a municipality shall be subject to . . . As stated above, sections 171.062(1) and (2) provide that any area a municipality annexes is subject . . .

MARTIN COUNTY v. DEPARTMENT OF COMMUNITY AFFAIRS, 771 So. 2d 1268 (Fla. Dist. Ct. App. 2000)

. . . Despite the annexation, however, pursuant to section 171.062(2), Florida Statutes (1997), the parcels . . .

PINELLAS COUNTY, a v. CITY OF GULFPORT, 458 So. 2d 436 (Fla. Dist. Ct. App. 1984)

. . . Pinellas County has alleged that under section 171.062, Florida Statutes (1981), the county had the right . . . Appellants maintain that under section 171.062, Florida Statutes, a municipality is precluded from increasing . . . City of Gulf-port ordinance 82-3 controls “P.U.D.s” and provides, as does section 171.062, that absent . . . believe, therefore, that ordinances 82-3 and 82-10, read together, comply with the provisions of section 171.062 . . .