Florida/Georgia Personal Injury & Workers Compensation

...The statute specifically provided for the voluntary annexation of any property contiguous to a municipality upon petition by the property owner to the municipality's governing body. See 1974 Fla. Laws ch. 74-190, § 1 (codified as amended at Fla. Stat. Ann. § 171.044(1) (West Supp.1998))....

...On March 24, 1997, the district court granted Okeechobee tenant Charles Jackson's motion to withdraw as plaintiff. Three tenants remain in the suit. 6 statutory requirements for annexation set forth in Fla. Stat. Ann. § 171.044(1) (West Supp.1998), Appellants had no available remedy....

...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....

...Florida law, however, is hotly disputed and far from settled on this question. Since 1974, Florida law has provided that an owner of reasonably compact14 property that is contiguous15 to a municipality may petition for annexation. See Fla. Stat. Ann. § 171.044(1) (West 13 Section 171.021 provides: The purposes of this act are to set forth procedures for adjusting the boundaries of municipalities through annexations or contractions or co...

...The statute specifically provided for the voluntary annexation of any property contiguous to a municipality upon petition by the property owner to the municipality’s governing body. See 1974 Fla. Laws ch. 74-190, § 1 (codified as amended at Fla. Stat. Ann. § 171.044(1) (West Supp....

...Prior to trial, each side moved for summary judgment. The City filed a motion on Appellants’ claims under section 2 of the Voting Rights Act, arguing that because the Okeechobee Center did not satisfy the statutory requirements for annexation set forth in Fla. Stat. Ann. § 171.044(1) (West Supp....

...23 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....

...Florida law, however, is hotly disputed and far from settled on this question. Since 1974, Florida law has provided that an owner of reasonably compact14 property that is contiguous15 to a municipality may petition for annexation. See Fla. Stat. Ann. § 171.044(1) (West Supp....

...rea. In order to ensure proper representation of the interests of all persons to be affected by the municipally-initiated annexation, chapter 171 provides for a referendum on the annexation question and other procedural safeguards. An examination of section 171.044, Florida Statutes (1975), demonstrates the legislative intent underlying the method of annexation employed in the case before us. Under section 171.044, property owners may voluntarily petition a municipality for annexation....

...Casselberry is a municipal corporation located within the boundaries of Seminole County, Florida. In January of 1977, the City Council of Casselberry adopted an ordinance annexing lands located in Seminole County into its corporate limits, in accordance with the voluntary annexation provisions of Section 171.044, Florida Statutes (Supp....

...petitions for writs of certiorari to seek review in the circuit court pursuant to section 171.081, Florida Statute (1997). The petitions, which were consolidated, challenged the annexations as failing to result in a compact urban form as required by section 171.044, Florida Statutes (1997)....

...Parkhurst of Parkhurst & Carlson, Fort Lauderdale, for appellant. Susan F. Delegal, Gen. Counsel, and Richard Doody, Asst. Gen. Counsel, Fort Lauderdale, for appellee. *1388 DOWNEY, Judge. The petitioner, City of Sunrise, received a petition for voluntary annexation pursuant to section 171.044, Florida Statutes (1983), from owners of approximately 800 acres of the 1,237 acres that comprise the development known as Bonaventure, requesting that unincorporated lands owned by said owners be annexed into the City....

...rd County would suffer material injury as a result of the annexation ordinance; 3) the annexation ordinance created enclaves of unincorporated land surrounded by incorporated land; and 4) the annexation area was not reasonably compact as required by section 171.044, Florida Statutes (1983)....

...Sunrise contends Broward County had no standing; that it did not carry its burden of proof in the circuit court proceeding and that the circuit court misinterpreted the statutory requirement of compactness and the prohibition against the creation of enclaves. Section 171.044, Florida Statutes (1983), authorizes owners of real property in an unincorporated area of a county, which is contiguous to a municipality and reasonably compact, to petition the municipality for annexation....

...o contemplate municipal enclaves, and the statute does not purport to prohibit or otherwise regulate enclaves of county land brought about by municipal annexation. 1980 Op.Att'y.Gen. Fla. 080-84 (September 30, 1980). The opinion referred to sections 171.044(1) and 171.031(12) both of which are concerned with and refer to the "area" or the "piece of property" to be annexed and noted that both sections possess the purpose of assuring creation of geographically unified and compact municipalities....

...itory with no access since the municipality has also annexed the roadways. In addition, the attorney general noted that the area was "quite compact" and therefore concluded that the parcel sought to be annexed was "reasonably compact" as required by section 171.044(1)....

...The circuit court made the following factual and procedural findings: On March 1, 2004, the City Commission adopted Ordinance No. 02-2004, voluntarily annexing approximately 4,975 acres located in unincorporated Volusia County, Florida, pursuant to *342 Florida Statutes § 171.044 of the Municipal Annexation or Contraction Act....

...The owners of the three (3) parcels consisting of 10,339, and 4,626 acres, respectively, filed petitions proposing that their parcels be included within the City boundaries and requesting that the City consider their petitions as a unified request to annex all of their properties together. Pursuant to ... § 171.044(2), Florida Statutes, the City Commission verified the signatures of the property owners and held two (2) hearings on the ordinance....

...ort or any of its contents into the record. Following public comments, discussion by the Commissioners, and inquiries of City staff by the Commissioners, the Commissioners voted 6 to 1 in favor of annexing the subject parcels, pursuant to Fla. Stat. § 171.044....

...The ordinance was adopted pursuant to the petitions of several property owners requesting voluntary annexation of that area. The trial judge granted certiorari review, found the ordinance invalid for failure to follow the essential requirements of section 171.044, Florida Statutes (1985), and quashed the ordinance....

...In his final order the trial judge found that the City's ordinance failed to meet the requirements for a voluntary annexation plan because the area to be annexed was not contiguous to the boundaries of the City and was not reasonably compact, as required by section 171.044(1). Additionally, the trial judge found that the annexation would create enclaves of unincorporated county land, which is forbidden by section 171.044(5)....

...red by statute, as it created a 100-acre "pocket" of unincorporated territory ("the parcel") surrounded by hundreds of acres of municipal property. In response, the City and SCC argued that the annexed property was reasonably compact, as required by section 171.044, Florida Statutes (2005)....

...Allstate Ins. Co., 692 So.2d 979, 982 (Fla. 2d DCA 1997). Property annexed by municipalities must be contiguous, reasonably compact, and not create enclaves. See City of Sunrise v. Broward County, 473 So.2d 1387, 1389 (Fla. 4th DCA 1985). Specifically, section 171.044(1), Florida Statutes (2005), provides that "[t]he 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...

...control over property no longer within its jurisdiction, and the municipality must be able to monitor compliance with the terms of its own land-use plan incorporating the new property. AFFIRMED. DAVIS, J., concurs; BOOTH, J., dissents. NOTES [1] See § 171.044(1), Fla....

...the correct law. City of Deerfield Beach v. Vaillant, 419 So.2d 624 (Fla. 1982). [2] We therefore treat this *115 appeal as a petition for writ of certiorari (Florida Rule of Appellate Procedure 9.040(c)) and quash the decision of the circuit court. Section 171.044(1), Florida Statutes (1987) provides: (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....

...The legal requirement of contiguity is met, because the annexed parcels touch or adjoin existing municipal territory in a reasonably substantial sense. May v. Lee County, supra . We also agree with the City's contention that the circuit court applied the wrong law in concluding that the annexed areas were not compact. Section 171.044(1) requires that the subject land be "reasonably compact" and section 171.031(12) defines "compactness": "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....

...Pursuant to Florida Rule of Appellate Procedure 9.040(c) (1982), we elect to treat this appeal by the City of Lake Mary as a petition for writ of certiorari to review an order of the trial court quashing an annexation ordinance because it creates islands of incorporated and unincorporated areas in violation of section 171.044, Florida Statutes (1977). [1] We deny the writ. In 1977, various landowners, some of the appellees in this case, voluntarily petitioned the City of Lake Mary to annex their property pursuant to section 171.044. Despite the objections of Seminole County, also an appellee, that the described property could not be annexed because the property was not "reasonably compact" as required by section 171.044, the City of Lake Mary passed an ordinance annexing the property....

...Procedural due process was afforded the parties below, and we find the circuit court considered the substantive issues raised consistent with essential requirements of law. PETITION FOR WRIT OF CERTIORARI DENIED. COBB and FRANK D. UPCHURCH, Jr., JJ., concur. NOTES [1] Section 171.044(1), Florida Statutes (1977) provides: 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....

...Pinellas County (the County) appeals the trial court's final summary judgment entered in favor of the City of Largo and the City of Seminole (the Cities). The judgment invalidated three ordinances by which the County attempted to create an exclusive method of voluntary municipal annexation. The judgment recites that section 171.044(4), Florida Statutes (2005), did not allow the County to adopt such a method. We have jurisdiction. See Fla. R.App. P. 9.030(b)(1)(A). We affirm the judgment. We hold that the County may provide an exclusive method of voluntary municipal annexation in its charter under section 171.044(4)....

...electors in the proposed annexation area. See § 171.0413. The second method—voluntary annexation—allows all property owners in unincorporated, reasonably compact areas contiguous to a municipality to petition the municipality for annexation. See § 171.044. The 1974 version of the Act provided that voluntary annexation "shall be supplemental to the other provisions of this chapter." § 171.044(4), Fla. Stat. (Supp.1974). Therefore, voluntary annexation was an alternative to annexation by referendum. In 1975, the legislature amended section 171.044(4) to add language that remains in effect today: (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. See ch. 75-297, § 4, at 1079, Laws of Fla. (emphasis added). [1] When the legislature amended section 171.044(4) in 1975, the County was not a charter county....

...A "`contraction' means the reversion of real property within municipal boundaries to an unincorporated *851 status." § 171.031(2). The Cities filed suit seeking to invalidate all three ordinances. The Cities moved for summary judgment. The trial court concluded that section 171.044(4) did not allow the County to adopt its own method of annexation....

...harter; it merely delegated the authority to do so by ordinance to the County commission. As a consequence of these rulings, the Voluntary Annexation Ordinance and the Contraction Ordinance necessarily were invalid. On appeal, the County argues that section 171.044(4) allows charter counties to provide for an exclusive method of voluntary municipal annexation....

...egulate voluntary annexation. The Cities argue that, even if charter counties have such authority, the method of voluntary annexation must rest in the County charter. Analysis The trial court's final summary judgment is based on an interpretation of section 171.044(4)....

...xation. Id. at 597. As here, the amendment authorized the Palm Beach County Commission to adopt, by ordinance, the method of voluntary municipal annexation. See id. at 598. Affirming the trial court, the Fourth District held that the "requirement in section 171.044(4) that the exclusive method of voluntary annexation be contained in the Charter itself was violated by allowing the County Commission to use an ordinance to accomplish the same goal." Id. at 601. We agree that article VIII, section (1)(g) of the Florida Constitution and section 171.044(4) require that any exclusive method of voluntary municipal annexation be contained in the county charter. Village of Wellington also held that the trial court correctly interpreted section 171.044(4) to allow charter counties to provide their own exclusive methods of voluntary municipal annexation....

...resort to rules of statutory interpretation and construction; statute must be given its plain and obvious meaning). 1. Charter County Authority to Adopt Exclusive Method of Voluntary Annexation. Under the Act, the voluntary annexation provisions of section 171.044(4) are inapplicable "to municipalities in counties with charters which provide for an exclusive method of municipal annexation." § 171.044(4). On its face, the statute contemplates that a charter county may provide for its own exclusive method of voluntary annexation. Only then do the section 171.044(4) voluntary annexation provisions not apply to the pertinent municipalities....

...of N.Y., 840 So.2d 993, 996 (Fla. 2003). Particularly telling is the 2006 enactment of part II of chapter 171, providing for Interlocal Service Boundary Agreements. See § 171.20-.212, Fla. Stat. (2006). [4] The legislature specifically referred to section 171.044(4): Effect of part on interlocal agreement and county charter.— . . . [A] charter provision adopted under s. 171.044(4) . . . is not affected by this part. . . . A local government within a county that has adopted a charter provision pursuant to s. 171.044(4) may avail itself of the provisions of this part which authorize an interlocal service boundary agreement if such interlocal agreement is consistent with the charter of that county, as the charter was approved, revised, or amended pursuant to s. 125.64.[ [5] ] See § 171.21 (emphasis added). In our view, the legislature recognized and anticipated that a charter county can adopt an exclusive method of voluntary municipal annexation. The language of section 171.044(4), reinforced by subsequent legislation, leads inexorably to the conclusion that the County may provide for such a method....

...SCA Services concluded that the legislature intended to provide a clearly defined and exclusive method for annexation and to share its annexation power with municipalities. 418 So.2d at 1149. SCA Services does not address county government powers, and we cannot discern that it directly involved section 171.044(4). In any event, the appellee, there, had not met the prerequisites for annexation. Id. *853 Here, the trial court concluded that section 171.044(4) did not allow the County to adopt an exclusive method of voluntary municipal annexation....

...Section 171.022 identifies a legislative purpose and repeals specified legislative or municipal charter provisions. We cannot conclude that this language reflects a clear and unambiguous legislative intent to oust charter counties from the annexation arena, especially when section 171.044(4) envisions such involvement....

..."When courts create preemption by implication, the preempted field is usually a narrowly defined field, limited to the specific area where the Legislature has expressed their will to be the sole regulator.'" Id. Reading sections 171.021, 171.022(1), and 171.044(4) together, we discern no implied preemption in the field of voluntary annexation in charter counties....

...a will be reasonably compact." § 171.031(12). And, of course, a charter county's method of voluntary municipal annexation must be consistent with the Act's purposes as expressed in section 171.021. We are also mindful that any authority bestowed by section 171.044(4) is a statutory grant subject to legislative amendment, another check on charter county action....

...A charter county may devise a method of voluntary annexation that differs from one adopted by another charter county. But, that experimentation remains constrained by general law. Thus, charter counties must act uniformly in the sense that they advance the Act's purposes. The Cities also argue that section 171.044(4) was intended to apply only to Dade County, the only constitutionally-recognized charter county in Florida....

...Section 171.071 provides that Municipalities within the boundaries of Dade County shall adopt annexation or contraction ordinances pursuant to methods established by the home rule charter established pursuant to s. 6(e), Art. VIII of the State Constitution. Section 171.044(4) speaks in terms of "counties with charters." The use of the plural does not support the limitation urged by the Cities....

...Moreover, on its face, section 171.071 limits municipalities within Dade County. The language says nothing about other charter counties. We are similarly unmoved by the Cities' argument that only counties that had charters in 1974 or 1975 fall under section 171.044(4)....

...Placement of Voluntary Annexation Method in Charter. We join the Fourth District in holding that an exclusive method of voluntary municipal annexation by a charter county must be contained in the charter. See Village of Wellington, 941 So.2d at 601. The statutory language of section 171.044(4) compels that result. See Acosta v. Richter, 671 So.2d 149, 153-54 (Fla. 1996). Section 171.044's voluntary annexation provisions do not apply to municipalities "in counties with charters which provide for an exclusive method of municipal annexation." § 171.044(4)....

...fficials. That power resides with the voters who may amend their charter to provide such a method. See Village of Wellington, 941 So.2d at 601. The trial court correctly ruled in favor of the Cities on this point. Conclusion In summary, we hold that section 171.044(4) allows the County to provide an exclusive method of voluntary municipal annexation in its charter....

...nties.shtml. Charters are formal written documents that confer powers, duties, or privileges on the county and must be approved, along with any amendments, by the voters of the county. Id. [3] The parties do not dispute that the language at issue in section 171.044(4) applies only to voluntary annexation. See Village of Wellington v. Palm Beach County, 941 So.2d 595, 600 (Fla. 4th DCA 2006), review denied, 954 So.2d 29 (2007) (holding that the subject of section 171.044(4) is voluntary annexation)....

...The court again denied the motion. The County proceeded to draft its ordinance. On December 10, 2004, appellants filed a Motion for Summary Judgment, and on March 15, 2005, the County filed its response and a cross-motion for Summary Judgment. The trial court found that section 171.044(4), Florida Statutes, requires that any exclusive method must be set forth in the charter itself, and not provided for by ordinance....

...The trial court severed the Charter and excised three provisions. The court let the remaining portions stand as the County's exclusive method of voluntary municipal annexation. *599 The issue we address is whether the trial court erred in finding that section 171.044(4), Florida Statutes, authorizes counties to devise their own methods of voluntary municipal annexation. Section 171.044(4), Florida Statutes (2004), provides as follows: 171.044 Voluntary annexation.— ....

...(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. Appellants argue that section 171.044(4) does not allow charter counties to adopt new charter-based voluntary annexation methods for three reasons....

...shall be as provided by general or special law." Art. VIII, § 2(c), Fla. Const. (2005). Counties, they therefore urge, cannot alter the methods of annexation because it is the sole power of the legislature, which enacts general and special laws. 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. Dade County has an exclusive method of municipal annexation that would otherwise violate the statute without the savings clause. Third, they argue the word "voluntary" cannot be added to the phrase "municipal annexation" in subsection 171.044(4), Florida Statutes, even though the section is entitled "Voluntary Annexation." Adding "voluntary" would conflict with the subsection's plain and obvious meaning that it applies to all forms of "municipal annexation." PBC argues that the court did not err, as section 171.044, Florida Statutes, authorizes counties to establish their own exclusive method of voluntary annexation....

...A "special law" is one relating to, or designed to operate on, particular persons or things, or one that purports to operate on classified persons or things when classification is not permissible or the classification adopted is illegal. Schrader v. Fla. Keys Aqueduct Auth., 840 So.2d 1050 (Fla.2003). However, under subsection 171.044(4), Florida Statutes, if a charter of a county contains an exclusive method of municipal annexation, the procedures set out in section *600 171.044 do not apply and parties must follow the procedures of that charter. In this case, the trial court found that subsection 171.044(4) allows charter counties to regulate voluntary annexation. The trial court found that to the extent that section 171.044(4) refers to "an exclusive method of municipal annexation," that reference must be interpreted as "voluntary" because it falls under the statute entitled "Voluntary Annexation." A heading of a section or subsection of a statute is part of the law and can be used to glean statutory intent....

...Val-Pak Direct Mktg. Sys., 862 So.2d 1 (Fla. 2d DCA 2003); Fajardo v. State, 805 So.2d 961 (Fla. 2d DCA 2001) (title of a legislative enactment may be helpful in construing an ambiguous statute). Appellants argue that the trial court erred because in section 171.044(4) the word "voluntary" is not used in the subsection to describe the method of annexation....

...Prot., 875 So.2d 1257, 1260 (Fla. 5th DCA 2004). "A court's function is to interpret statutes as they are written and give effect to each word in the statute." City of Miami v. Valdez, 847 So.2d 1005, 1008 (Fla. 3d DCA 2003). The method of annexation under section 171.044 is entitled "Voluntary Annexation." Within subsection (4) is the reference to the method of annexation by clarifying as "provided by this section." Therefore the method of annexation that is the subject of subsection (4) is voluntary annexation....

...tion. The next issue we address is whether the trial court erred in attempting to sever the unconstitutional portions from the charter amendment. Appellants argue that the lower court's attempt to sever invalid portions of the charter amendment made section 171.044, Florida Statutes, inapplicable in Palm Beach County. Section 171.044 provides a method of voluntary municipal annexation, but if a Charter has an exclusive method of municipal annexation, then the methods of voluntary annexation provided for in section 171.044 would not apply....

...o define the exclusive method of voluntary municipal annexation for unincorporated areas not designated as either an "unincorporated protection area" or an "unincorporated rural neighborhood" by ordinance. The court concluded that the requirement in section 171.044(4) that the exclusive method of voluntary annexation be contained in the Charter itself was violated by allowing the County Commission to use an ordinance to accomplish the same goal....

...side of Alternate AIA (“Property”), contiguous with the then-existing corporate limits of the Village. Through the adoption of Ordinance No. 2008-10 on September 11, 2008, the Village Council granted the voluntary annexation petition pursuant to section 171.044, Florida Statutes, and annexed the property into the Village....

...Furthermore, enforcement of section 3-2 of the Town Code would cause serious financial harm because 32-35% of Foster’s Pub’s business occurs between the hours of 2:00 a.m. and 5:00 a.m. [[Image here]] [T]he annexation was requested by the landowner, not the leaseholder. Contra 171.044(2), Fla....

...not abandoned. Id. at 754-55 . Pursuant to section 562.14(1), the Village had the authority to enact its ordinance regulating sale of alcohol. The Pub does not dispute that the Village followed the procedures for voluntary annexation provided for in section 171.044....

bounded on all sides by city territory? SUMMARY: Section 171.044, F. S., merely contemplates prohibition of

petition for voluntary annexation pursuant to section 171.044, Florida Statutes, may the city consider whether

accedes to the petition of the property owners. Section 171.044(1), F. S., provides: The owner or owners

...the eastern edge of the island community of Matlacha in unincorporated Lee County. In 2016, the City Council of Cape Coral proposed Ordinance 57-16 to annex the property into the city limits of Cape Coral. Cape Coral used the "voluntary annexation" procedure pursuant to section 171.044, Florida Statutes (2017), because it owned the parcels. When the Cape Coral City Council conducted a hearing on the proposed annexation, it was met with significant opposition....

property is owned by the City of Avon Park. Section 171.044, F.S., controls voluntary annexation of unincorporated

SMITH, Acting Chief Judge. Plaintiffs appeal from a final judgment dismissing their complaint for a declaration of the invalidity of an annexation ordinance adopted by the City of Port Orange. The ordinance was adopted pursuant to Section 171.044, Florida Statutes (1975), authorizing municipalities to annex contiguous property upon the voluntary petition of the owners....

corresponding statute sections provided therein. Section 171.044(1) provides as follows: The owner or owners

judgment approving annexation is affirmed. Section 171.044(4), Florida Statutes (1975). MILLS, Acting

applicable. See, s. 171.044(4), F.S. (1986 Supp.). Section 171.044, F.S. (1986 Supp.), provides that the owners

...uired that such a petition contain the signatures of all owners of units in a condominium. It had been questioned whether a petition signed only by an authorized officer or officers of the condominium would comply with the procedural requirements of section 171.044 (2), Florida Statutes....

...ot comply with statutory procedures for municipal annexation. The circuit court agreed and declared Ordinance Number 2247 invalid. Specifically, the court found that the property annexed was not contiguous to the existing city limits, as required by section 171.044, Florida Statutes (1983), and that the land was not sufficiently urban in character, as defined by section 171.021, Florida Statutes (1983)....

...slated for, development for “urban purposes.” On the contrary, such land is “urban in character” as that phrase is employed in section 171.021 and defined in section 171.031(8). Further, under the voluntary annexation procedure set forth in section 171.044, the only limitations proscribed are that the property be contiguous, reasonably compact, and that it not create enclaves....

exclusive method of municipal annexation.' Section 171.044(4). There are three specific requirements in

...ty only in accordance with the procedures provided in Chapter 171. Thus, this office stated that a city charter could not require an ordinance providing for the voluntary annexation of property to be submitted to a referendum on such annexation when section 171.044 , Florida Statutes, providing for voluntary annexations, does not require such an approving referendum....

...Stat., declaring the annexation procedure set forth in s. 171.0413 to be a uniform method for the adoption of an ordinance of annexation by the governing body of any municipality "[e]xcept as otherwise provided in this law." This office has construed the foregoing proviso as referring to s. 171.044 , Fla....