Florida/Georgia Personal Injury & Workers Compensation

...The City Commission also could initiate annexation of any contiguous, compact, and unincorporated property by a referendum of the registered voters of the municipality and the residents of the area proposed to be annexed. See 1975 Fla. Laws ch. 75-297, § 2 (codified as amended at Fla. Stat. Ann. § 171.0413 (West.1987 & Supp.1998))....

...so long as the proposed annexations satisfies the obligations of Florida law, and annexations initiated solely by the City, which also must conform to Florida law and which City voters and annex residents must approve by referendum. See Fla. Stat. Ann. §§ 171.044(1), 171.0413....

...The City Commission also could initiate annexation of any contiguous, compact, and unincorporated property by a referendum of the registered voters of the municipality and the residents of the area proposed to be annexed. See 1975 Fla. Laws ch. 75-297, § 2 (codified as amended at Fla. Stat. Ann. § 171.0413 (West....

...proposed annexations satisfies the obligations of Florida law, and annexations initiated solely by the City, which also must conform to Florida law and which City voters and annex residents must approve by referendum. See Fla. Stat. Ann. §§ 171.044(1), 171.0413....

...[4] The legislature has chosen to share this power with municipal corporations [5] and chapter 171, Florida Statutes (1975), delineates the procedures to be followed when annexation is effected at the municipal level rather than in the legislative forum. When a municipality initiates annexation, subsections (1) and (2) of section 171.0413 provide for a referendum to enable the electors of the annexing municipality and of the area proposed to be annexed to vote on the annexation issue....

...Bennett v. Lee, 123 Fla. 252, 166 So. 565 (1936). It is well-settled that the legislature is entitled to annex an area with or without an affirmative vote of the affected property owners. [6] As noted by appellants, however, subsections (1) and (2) of section 171.0413 require a referendum when annexation is initiated by the municipality....

...At this election, a majority of the qualified electors participating approved the annexation. Capella claims that the effect of the ordinance was to subject a portion of the area previously the object of the November 1976, annexation referendum to a second annexation referendum within a two-year period in violation of section 171.0413(2)(e), Florida Statutes (1977). The City and Council respond that this section does not apply because it was superseded by chapter 77-557 and additionally because the language of that statute does not encompass the particular facts of this controversy. We hold that section 171.0413(2)(e) has not been superseded by chapter 77-557 since a reading of the special act in conjunction with the general act reveals no inconsistency, but we do find that the two-year requirement of section 171.0413(2)(e) does not apply in this case. Section 171.0413(2)(e) provides: If there is a separate majority vote for annexation in the annexing municipality and in the area proposed to be annexed, the ordinance of annexation shall become effective on the effective date specified therein....

...1974), provided: A majority vote "Against annexation" shall prevent any part of the area proposed for annexation from being the subject of an annexation ordinance by the same municipality for a period of 2 years from the date of the referendum election. (Emphasis added.) We find significant the difference in language between section 171.0413(2)(e), Florida Statutes (1977), and section 171.0415(9), Florida Statutes (Supp....

...in a previous annexation ordinance defeated within a period of two years. In the present case, the City sought to annex only "a part of the area" originally proposed for annexation, not the identical area. Capella suggests that this construction of section 171.0413(2)(e) permits a municipality to enact repeated annexation ordinances within two years from the defeat of the first by simply adding or subtracting one block from the legal description contained in each successive annexation attempt....

...2301, which was in full conformity with chapter 77-557. We hold that the City had the authority to enact this ordinance which merely implemented the provisions of chapter 77-557. See section 166.031(1), Florida Statutes (1977). Having concluded that section 171.0413(2)(e) does not preclude the annexation and that the ordinance is valid, we now consider the constitutional challenge to chapter 77-557....

...ection of a majority vote of the five county commission members of the council, which was a prerequisite to the Council's recommendation to the City that certain lands be annexed. Accordingly, having found that chapter 77-557 is constitutional, that section 171.0413(2)(e) is not applicable, and that the ordinance and referendum were valid, we affirm the judgment of the trial court....

...Supreme Court of Florida. January 11, 1979. *762 Herman W. Goldner of Goldner, Reams, Marger, Davis, Piper & Kiernan, St. Petersburg, for appellant. Edward D. Foreman, St. Petersburg, for appellee. HATCHETT, Justice. The question presented is whether Section 171.0413(5), Florida Statutes (1977), which provides a procedure whereby municipalities annex contiguous unincorporated territory, is constitutional....

...wned by individuals, corporations, or legal entities who were "not registered electors of the area proposed to be annexed," and that the City of Pinellas Park had not attempted to obtain the consent of a majority of such owners. The trial judge held Section 171.0413(5), Florida Statutes (1977), (1) unconstitutionally vague and ambiguous, and (2) violative of the "one man, one vote" principle of the Fourteenth Amendment to the Constitution of the United States, and Article I, Section 2 of the Florida Constitution (1968)....

...r these questions by reading the statute. It cannot be left to the judiciary to determine when an area is "predominantly owned" according to its definitions and notions; the guidelines and definitions must be set out by the Legislature. We hold that Section 171.0413(5), Florida Statutes (1977), is unconstitutionally vague and ambiguous....

...Accordingly, the order of the trial judge, as limited, is affirmed. It is so ordered. ENGLAND, C.J., and ADKINS, BOYD, OVERTON and SUNDBERG, JJ., concur. ALDERMAN, J., concurs specially with an opinion, with which ADKINS, J., concurs. ALDERMAN, Justice, concurring specially. I agree that Section 171.0413(5) is vague and ambiguous and therefore constitutionally defective....

...Our decision today does not hold that owners of land within an area proposed to be annexed may not be given a voice in the annexation of their property, even if they are not registered electors of the area to be annexed. A properly drafted statute may be valid. We simply hold that Section 171.0413(5) is not....

...The Court will consider each of these contentions in turn. 1. The Contiguity and Compactness Requirements of Section 171 Since 1974, it has been the law in Florida that municipalities may only "annex contiguous, compact, [and] incorporated territory." Fla.Stat. § 171.0413; see also, City of Tampa v....

...1974). The Act provides two methods of annexation. The first is by referendum. A municipality may annex contiguous, compact, unincorporated territory according to set procedures, including a vote by the electors in the proposed annexation area. See § 171.0413....

...In doing so, I have some concern about whether the legislature should extend this important remedy to owners of lands that happen to be located in a municipality. It might be appropriate to do so before the inevitable case arises where a municipality extends its boundaries through the process prescribed by section 171.0413, Florida Statutes (1993) and an owner who has a parcel without access cannot step foot on it....

substantially the following question: Pursuant to section 171.0413(5), Florida Statutes (1995), may public roadways

...A notice of intent must be published in a sufficient newspaper, in a prescribed format. See § 163.3184(8), Fla. Stat. The local governing body must hold at least two advertised public hearings on the proposed plan amendment. See § 163.3184(15), Fla. Stat. Section 171.0413, Florida Statutes, sets forth the specific procedures for municipalities to annex areas of unincorporated territory....

...of a municipality prior to the expense of a referendum.” Id. at 36-37 (emphasis added). Furthermore, as also noted in SCA, “the limited judicial review envisioned 2 by Section 171.081 neatly interacts with Section 171.0413(2)(a), Fla....

...Baldwin: On behalf of the Village of North Palm Beach, you ask substantially the following question: May the Village of North Palm Beach enact an ordinance requiring a separate majority vote both in the municipality and the area proposed to be annexed before the ordinance becomes effective even though section 171.0413 , Florida Statutes, prescribes that there be an election only in the area to be annexed? In sum: Section 171.0413 , Florida Statutes, which establishes the uniform method for annexation and provides only for a vote in the area to be annexed if the total area to be annexed during the calendar year does not exceed 5 percent of the total land area...

...[e]stablish uniform legislative standards throughout the state for the adjustment of municipal boundaries." 1 To ac-complish this purpose, the act provides general law standards and procedures for adjusting the boundaries of Florida municipalities and acts as a preemption to the state regarding legislation in this area. 2 Section 171.0413 , Florida Statutes, provides that a municipality may annex contiguous, compact, unincorporated territory by ordi-nance adopted by the governing body pursuant to the procedures set forth in section 166.041 , Florida Statutes, for nonemergency ordinances. However, prior to the ordinance of annexation becoming effective, a referendum on annexation shall be held as set forth in section 171.0413 . 3 Section 171.0413 (2), Florida Statutes, provides: 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....

...n 5 percent of the total area of the municipality or exceeds more than 5 percent of the total of the municipal population. Otherwise, the statute pro-vides for a referendum on the issue of annexation only in the area to be annexed. Subsection (4) of section 171.0413 , Florida Statutes, provides: Except as otherwise provided in this law, the annexation procedure as set forth in this section shall constitute a uniform method for the adoption of an ordinance of annexation by the governing body of a...

...ation of territory that is separated from the annexing municipality by a body of water or watercourse shall not be repealed. Moreover, the courts have consistently held that there is no absolute right to vote on an annexation issue. 4 Prior to 1993, section 171.0413 , Florida Statutes 1991, required submission of the annexing ordinance to a separate referendum vote of the registered electors of the annexing municipality and of the area proposed to be annexed....

...t its being done in any other way. 7 As noted above, municipalities possess no home rule powers regarding the subject of annexation but must act in accordance with the procedures prescribed by the Legislature. In light of the procedure prescribed in section 171.0413 , Florida Statutes, providing for a vote only in the area to be annexed, I am of the opinion that the municipality may not require passage of the annexation ordinance on a separate referendum vote by the electors of the annexing city...

...on the subjects of annexation, merger, and the exercise of extraterritorial power which require a general law or special law. But see, Art. VIII, s. 11(1)(c), (5) and (6), Fla. Stat., giving Dade County jurisdiction over its municipal annexations. 3 Section 171.0413 (1), Fla....

...City of Gainesville, 377 So.2d 658 (Fla. 1979); North Ridge General Hospital v. City of Oakland Park, 374 So.2d 461 (Fla. 1979). 5 Section 1, Ch. 93-243, Laws of Florida. And see, s. 16, Ch. 93-206, Laws of Florida, containing substantially the same amendment of section 171.0413 , Fla....

...Baldwin General Counsel, Village of North Palm Beach Law Offices of Brant and Baldwin 330 Federal Highway Lake Park, Florida 33403 Dear Mr. Baldwin: As general counsel for the Village of North Palm Beach you have asked for my opinion on substantially the following question: Pursuant to section 171.0413 (5), Florida Statutes, are privately owned rights-of-way, water bodies, and condominiums to be considered in the calculation of ownership of land by non-registered elector owners? According to your letter, the Village of North Palm Beach is considering involuntary annexation of areas contiguous to its borders under section 171.0413 , Florida Statutes....

...tion or contraction is appropriate. 2 To accomplish these goals, the act provides general law standards and procedures for adjusting the boundaries of Florida municipalities and acts as a preemption to the state regarding legislation in this area. 3 Section 171.0413 , Florida Statutes, provides that a municipality may annex contiguous, compact, unincorporated territory by using the procedures described in the statute....

...oposed to be annexed. 5 If a majority of the electors in the area to be annexed vote against annexation, the ordinance has no legal efficacy, and the area may not be the subject of another annexation attempt for at least 2 years. 6 Subsection (5) of section 171.0413 , Florida Statutes, provides that: "If more than 70 percent of the land in an area proposed to be annexed is owned by individuals, corporations, or legal entities which are not registered electors of such area, such area shall not be...

...unless the owners of more than 50 percent of the land in such area consent to such annexation. Such consent shall be obtained by the parties proposing the annexation prior to the referendum to be held on the annexation." Thus, annexation pursuant to section 171.0413 (5), Florida Statutes, requires the satisfaction of several prerequisites that must be met independently: 1) more than 70 percent of the land to be annexed must be owned by non-registered elector owners and, if this threshold is met,...

...han 50 percent of the land in the area must consent to annexation before any referendum on annexation may be held. Rights-of-way You ask whether private rights-of-way owned by other than registered electors must be included in the calculations under section 171.0413 (5), Florida Statutes, as land owned by individuals, corporations, or legal entities that are not registered electors of the area....

..., it is my understanding that a "right-of-way" is privately owned property over which the public may have a right to pass or travel. Because this land is privately owned it would appear that this land must be included in calculations for purposes of section 171.0413 (5), Florida Statutes, to determine whether 70 percent of the land to be annexed is owned by individuals, corporations, or legal entities that are not registered electors of the area....

...As you have noted, this office issued Attorney General Opinion 96-74 to you on a related topic. In that opinion you asked, and this office considered, whether public roadways should be included when determining the ownership of land for purposes of municipal annexation pursuant to section 171.0413 (5), Florida Statutes. The opinion analyzed your question in light of the ownership of public roadways and concluded that the Village of North Palm Beach could not include publicly owned roadways or easements in the calculation of land ownership pursuant to section 171.0413 (5)....

...n contrast to your earlier question, the rights-of-way involved in this opinion request are privately owned rather than public. Therefore, it is my opinion that these rights-of-way must be considered in the calculations of land ownership pursuant to section 171.0413 (5), Florida Statutes....

...14 In light of the nature of these water bodies as privately owned real property, they should be treated for annexation purposes in the same fashion as other real property. That is, this property should be included within the calculations pursuant to section 171.0413 (5), Florida Statutes, as real property within the proposed annexation area that may be owned by individuals, corporations, or other legal entities that are not registered electors....

...ent that more than 30 percent of the land in an area being considered for annexation is owned by individuals, corporations, or legal entities that are registered electors of the area, the area would not qualify for annexation under the provisions of section 171.0413 (5), Florida Statutes. Section 171.0413 (5) specifically requires that more than 70 percent of the land to be annexed must be owned by those who are not registered electors in order to utilize the procedures set forth in this subsection....

...ral or special law); and s. 166.021 , Fla. Stat., stating that municipalities have home rule powers except, among others, on the subjects of annexation, merger, and the exercise of extraterritorial power which require a general law or special law. 4 Section 171.0413 (1), Fla. Stat. 5 Id. 6 Section 171.0413 (2)(e), Fla....

...10 Webster's New Collegiate Dictionary 998 (1975). 11 American Heritage Dictionary 593 (office edition). 12 3 Sutherland Statutory Construction s. 62.01 (4th Ed. 1974). And see generally , 82 C.J.S. Statutes s. 137. 13 56 Fla. Jur.2d Water s. 57. 14 Id. 15 Section 171.0413 (5), Fla....

...om development in the public interest, such as for wetlands or native upland buffers designated for conservation? According to your letter, the City of Marineland is contemplating an annexation of adjacent areas by referendum under the provisions of section 171.0413 , Florida Statutes....

...Chapter 171 , Florida Statutes, is the "Municipal Annexation or Contraction Act." 1 The purposes of the act are to establish uniform procedures for adjusting municipal boundaries through annexation or contraction of corporate limits and to set forth criteria for determining when annexation or contraction is appropriate. 2 Section 171.0413 , Florida Statutes, provides that a municipality may annex territory that is contiguous, compact, and unincorporated by using the procedures set forth in the statute....

...sed to be annexed. 4 If a majority of the electors in the area to be annexed votes against annexation, the ordinance has no legal efficacy, and the area may not be the subject of another annexation attempt for at least two years. 5 Subsection (5) of section 171.0413 , Florida Statutes, states that: "If more than 70 percent of the land in an area proposed to be annexed is owned by individuals, corporations, or legal entities which are not registered electors of such area, such area shall not be a...

...gislature's concern that landowners who are not registered electors and would therefore not be allowed to vote on the annexation referendum would have the opportunity to express their position on the proposed annexation of their real property. Thus, section 171.0413 (5), Florida Statutes, requires that if more than 70 percent of the land to be annexed is owned by non-registered elector owners, then the owners of more than 50 percent of the land in the area must consent to annexation before any referendum on annexation may be held under the section....

...be leased or conveyed to the association." 6 The statute provides that "common area" property is owned or leased by the association. Because this land is privately owned it would appear that this land must be included in calculations for purposes of section 171.0413 (5), Florida Statutes, to determine whether 70 percent of the land to be annexed is owned by individuals, corporations, or legal entities that are not registered electors of the area....

...he calculation of ownership of land by non-registered elector owners. Regarding rights-of-way, the opinion concludes that as privately owned land, even though dedicated to public travel, rights-of-way must be included in calculations for purposes of section 171.0413 (5), Florida Statutes....

...Similarly, water bodies located within a subdivision that is proposed to be annexed and are privately owned real property should be treated for annexation purposes in the same manner as other real property. That is, these water bodies should be included in the calculations pursuant to section 171.0413 (5), Florida Statutes, as real property within the proposed annexation area that may be owned by individuals, corporations, or other legal entities that are not registered electors....

...Therefore, it is my opinion that privately owned "common area" homeowner association property should be treated for annexation purposes in the same fashion as other real property. That is to say, this property should be included within the calculations pursuant to section 171.0413 (5), Florida Statutes, as real property within the proposed annexation area that may be owned by individuals, corporations, or other legal entities that are not registered electors. Question Two Based on my answer to Question One, you ask what approval of owners is required to consent to annexation of the common areas. Section 171.0413 (5), Florida Statutes, states that "the owners of more than 50 percent of the land in such area [must] consent to such annexation." The statute does not limit consent of the owners of more than 50 percent of the land to those who are not registered voters....

...Question Three Finally, you have asked whether my response to Question One is affected by the fact that the private property included in the "common area" is dedicated to the public interest for such things as wetlands or conservation buffers. Nothing in section 171.0413 (5), Florida Statutes, distinguishes property based on its use....

...In contrast, that opinion and Attorney General Opinion 96-74 have concluded that public roads within the state, county, and municipal road system may not be considered in the calculation of ownership of land by non-registered elector owners pursuant to section 171.0413 (5)....

...2 Section 171.021 , Fla. Stat. And see, SCA Services of Florida, Inc. v. City of Tallahassee , 418 So. 2d 1148 (Fla. 1st DCA 1982), rev. den. , 427 So. 2d 737 (Fla. 1983) (statutes provide clearly defined and exclusive method by which annexation can be accomplished). 3 Section 171.0413 (1), Fla. Stat. 4 Id. 5 Section 171.0413 (2)(e), Fla....

...n in character, and insure that areas are not annexed unless municipal services can be provided to such areas. Section 171.021 , F.S. Any municipality may annex contiguous, compact, unincorporated territory in the manner established in the Act. See, s. 171.0413 , F.S. The annexation procedure is declared to be a uniform method for the adoption of an ordinance of annexation by the governing body of any municipality "except as otherwise provided in this law." Section 171.0413 (4)....

...City of Gainesville, 377 So.2d 658 (Fla. 1979). The provisions of any special act or municipal charter relating to the adjusting of municipal boundaries in effect on October 1, 1974, are repealed by s. 171.022 (2), F.S., except as otherwise provided in Ch. 171. See, s. 171.0413 (4), which provides, inter alia, that all existing provisions of special laws which establish municipal annexation procedures are thereby repealed except that any provisions of special laws which prohibit annexation of territory that is s...

...zation] from enacting any annexation procedures contrary to Ch. 171 , F.S., irrespective of whether such procedures would be less stringent or more stringent than those provided in Ch. 171"). Prior to commencing the annexation procedures mandated by s. 171.0413 , F.S., the governing body of the municipality must prepare a report setting forth, inter alia, plans to provide urban services to any area to be annexed....

...ning body passes the annexation ordinance for an affected party to challenge compliance with annexation procedures. The purpose of Chapter 171 is to provide a uniform method of effecting annexation by municipality. Section 171.021, Fla.Stat. (1979); Section 171.0413(4), Fla.Stat....

"[e]xcept as otherwise provided in this law." Section 171.0413(4). This office has construed the foregoing

...t 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." 4 Section 171.0413 , F.S., which prescribes municipal annexation procedures requires that an ordinance proposing the annexation of property must be adopted pursuant to the procedures for the adoption of a nonemergency ordinance established by s....

...ipality may specify additional or more stringent requirements for the adoption or enactment of ordinances or prescribe procedures in greater detail than are contained in s. 166.041 , F.S.). And see, s. 166.041 (6), F.S. 4 Section 171.031 (4), F.S. 5 Section 171.0413 (2)(b), F.S....