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Florida Statute 171.051 - Full Text and Legal Analysis
Florida Statute 171.051 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XII
MUNICIPALITIES
Chapter 171
LOCAL GOVERNMENT BOUNDARIES
View Entire Chapter
171.051 Contraction procedures.Any municipality may initiate the contraction of municipal boundaries in the following manner:
(1) The governing body shall by ordinance propose the contraction of municipal boundaries, as described in the ordinance, and provide an effective date for the contraction.
(2) A petition of 15 percent of the qualified voters in an area desiring to be excluded from the municipal boundaries, filed with the clerk of the municipal governing body, may propose such an ordinance. The municipality to which such petition is directed shall immediately undertake a feasibility study of such proposal, and the governing body shall, within 6 months, evaluate the feasibility study of such proposal and either initiate proceedings under subsection (1) by introducing a contraction ordinance or reject the petition as a legislative decision.
(3) After introduction, the contraction ordinance shall be noticed at least once per week for 2 consecutive weeks in a newspaper of general circulation in the municipality, such notice to describe the area to be excluded. Such description shall include a statement of findings to show that the area to be excluded fails to meet the criteria of s. 171.043, set the time and place of the meeting at which the ordinance will be considered, and advise that all parties affected may be heard.
(4) If, at the meeting held for the purpose of considering the contraction ordinance introduced by the governing body, a petition is filed and signed by at least 15 percent of the qualified voters resident in the area proposed for contraction requesting a referendum on the question, the governing body shall, upon verification, paid for by the municipality, of the sufficiency of the petition, and before passing such ordinance, submit the question of contraction to a vote of the qualified voters of the area proposed for contraction, or the governing body may vote not to contract the municipal boundaries.
(5) The governing body may also call for a referendum on the question of contraction on its own volition and in the absence of a petition requesting a referendum.
(6) The referendum, if required, shall be held at the next regularly scheduled election, or, if approved by a majority of the municipal governing body, at a special election held prior to such election, but no sooner than 30 days after verification of the petition or passage of the resolution or ordinance calling for the referendum.
(7) The municipal governing body shall establish the date of election and publish notice of the referendum election at least once a week for the 2 consecutive weeks immediately prior to the election in a newspaper of general circulation in the area proposed to be excluded or in the municipality. Such notice shall give the time and places for the election and a general description of the area to be excluded, which shall be in the form of a map clearly showing the area proposed to be excluded.
(8) Ballots or mechanical voting devices shall offer the choices “For deannexation” and “Against deannexation,” in that order.
(9) A majority vote “For deannexation” shall cause the area proposed for exclusion to be so excluded upon the effective date set in the contraction ordinance.
(10) A majority vote “Against deannexation” shall prevent any part of the area proposed for exclusion from being the subject of a contraction ordinance for a period of 2 years from the date of the referendum election.
(11) If more than 70 percent of the acres of land in an area proposed to be contracted is owned by individuals, corporations, or legal entities that are not registered electors of such area, such area may not be contracted unless the owners of more than 50 percent of the acres of land in such area consent to such contraction.
History.s. 1, ch. 74-190; s. 17, ch. 90-279; s. 5, ch. 2023-305.

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Amendments to 171.051


Annotations, Discussions, Cases:

Cases Citing Statute 171.051

Total Results: 3  |  Sort by: Relevance  |  Newest First

Copy

Ago (Fla. Att'y Gen. 1976).

Published | Florida Attorney General Reports

voters of the area proposed for contraction." Section 171.051(4). Such a referendum may be sought by submission
Copy

Ago (Fla. Att'y Gen. 1991).

Published | Florida Attorney General Reports

...171.043 , F.S., may not be excluded from a municipality. 8 The determination of whether the property to be excluded from the City of Ormond Beach is outside the scope of s. 171.043 , F.S., may not be made by this office. The procedures for contracting municipal boundaries are contained in s. 171.051 , F.S....
...(2) The provisions of any special act or municipal charter relating to the adjusting of municipal boundaries in effect on October 1, 1974, are repealed except as otherwise provided herein. 6 Section 171.052 , F.S. 7 Section 171.043 (1) and (2), F.S. 8 See , AGO 76-221 (The contraction procedures provided by s. 171.051 , F.S., may be used to exclude only areas found not to meet the characteristics required by s....
...characteristics set forth in s. 171.043 .) 9 For purposes of the act, "[c]ontraction" is defined as "the reversion of real property within municipal boundaries to an unincorporated status." See , s. 171.031 (2), F.S. 10 Section 171.052 (2), F.S. 11 Section 171.051 (2), F.S. (1990 Supp.). 12 Section 171.051 (3), F.S. (1990 Supp.). 13 Section 171.051 (5), F.S. (1990 Supp.). 14 Section 171.051 (7), F.S. (1990 Supp.). 15 Section 171.051 (8), (9), (10), F.S....
Copy

Ago (Fla. Att'y Gen. 2004).

Published | Florida Attorney General Reports

...Pursuant to the act, only those areas that do not meet the criteria for annexation set forth in section 171.043 , Florida Statutes, may be proposed for exclusion by municipal governing bodies. 8 The procedures for contracting municipal boundaries are set forth in section 171.051 , Florida Statutes....
...fails to meet the criteria of section 171.043 , Florida Statutes. In addition, the notice must include the time and place of the meeting at which the contraction ordinance will be considered and advise all parties affected that they may be heard. 11 Section 171.051 (4), Florida Statutes, provides certain procedures to be utilized at a meeting held for the purpose of considering a contraction ordinance....
...voters of the area proposed for contraction. Subsection (5) of the statute provides that the governing body "may also call for a referendum on the question of contraction on its own volition and in the absence of a petition requesting a referendum." Section 171.051 , Florida Statutes, therefore, prescribes the procedures to be utilized in contracting a municipality's boundaries....
...Stat., prescribing the character of property to be annexed and requiring such things as contiguity to the municipality's boundaries, compactness, and that part or all of the area be developed for urban purposes. Thus, property which fits the requirements of s. 171.043 may not be excluded from a municipality. 9 Section 171.051 (1), Fla. Stat. And see s. 171.031 (2), Fla. Stat., defining "Contraction" as "the reversion of real property within municipal boundaries to an unincorporated status." 10 Section 171.051 (2), Fla....
...be excluded from the municipal boundaries, filed with the municipal clerk, may propose such an ordinance. The municipality is required to immediately undertake a feasibility study of the proposal and within 6 months either initiate proceedings under section 171.051 (1) or reject the petition, specifying the reasons for such rejection. 11 Section 171.051 (3), Fla....

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