CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2003 Fla. App. LEXIS 203, 2003 WL 104575
...Schwartz, Assistant County Attorney, Gainesville, for Appellant. John A. DeVault, III, and Courtney K. Grimm of Bedell, Dittmar, DeVault, Pillans & Coxe, P.A., Jacksonville, for Appellee. ERVIN, J. Appellant, Alachua County, appeals from a final summary judgment wherein the trial court held that under section 171.062, Florida Statutes (1999), appellant no longer has the authority to enforce its developer's agreement with appellee, Florida Rock Industries, because the City of Newberry annexed the Florida Rock property. Alachua County contends the trial court erred by concluding that the statute applies to the developer's agreement, because the agreement is a contract rather than a law, ordinance, or regulation under section 171.062....
...ve relief. The trial court entered summary judgment against the county, finding that under its home rule charter, Alachua County's land-use responsibilities extend only to its unincorporated area; that the Alachua County Code expressly provides that section 171.062 applies to annexations within the county; and that under subsections 171.062(1) and (2), Alachua County's control over the development of the Florida Rock property passed to the City of Newberry, the county's "successor in interest." [3] Section 171.062 provides, in pertinent part: (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....
...t, the site plan approval and the [Developer's] Agreement, are no longer in force and effect." Although a developer's agreement is contractual in nature, [4] and is not itself a law, ordinance, regulation, or land-use plan, which are the subjects of section 171.062, the statutes relevant to the issue at bar demonstrate that the county can no longer exercise control through its developer's agreement with Florida Rock, because it is no longer the local government that has jurisdiction over Florida Rock's property....
...(1999) (Florida Local Government Development Agreement Act). Section
163.3223 provides that a local government may enact procedures regulating the creation of such agreements pertaining to "real property located within its jurisdiction " (emphasis added). As stated above, sections
171.062(1) and (2) provide that any area a municipality annexes is subject to the city's laws, ordinances, regulations, land-use plan, and zoning regulations....
CopyPublished | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 13875
...deira Development), which was recently annexed into the City and which is being developed by the owner, Ponce Associates, LLC. In my view, the circuit court, in denying certiorari, failed to apply the correct law by ruling it was proper, pursuant to section 171.062(2), Florida Statutes, for the City to modify the PUD before amending its Comprehensive Plan to include the annexed property....
...perty, it could not modify the County PUD. Thus the PUD modifications were illegal. The circuit court denied the petition, finding that the City's adoption of the special master's recommendations which amended the PUD was proper, because pursuant to section 171.062, Florida Statutes, the City had the power to modify the County PUD so long as the changes were consistent with the County's comprehensive plan. It interpreted the statute as follows: The Court does not agree with the Petitioner's reading of § 171.062....
...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. Section
171.062, Florida Statutes, sets out the specific effects of annexations....
...(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. (emphasis added). § 171.062, Fla. Stat. The interpretation of section 171.062(2), Florida Statutes, as applied to these facts, appears to be a case of first impression in the State of Florida. [2] In my view, a plain reading of the statute does not support the interpretation of the circuit court below. The history of section 171.062(2), Florida Statutes, supports this view....
...All zoning changes must be consistent with the zoning entity's own comprehensive plan, not the plan in effect for the entity from whom the property is annexed. Effective October 1, 1974, the Florida legislature in section 7, Ch. 74-190, Laws of Florida, created section 171.062, Florida Statutes, including subsection 2 which reads as follows: (2) If the area annexed was subject to a county land use plan and county zoning or sub-division regulations, said regulations shall remain in full force and *579 effect...
...ations for a period of two years from the effective date of the annexation unless approval of such increase is granted by the governing body of the county. Effective October 1, 1985, the legislature in section 22, Ch. 85-55, Laws of Florida, amended section 171.062(2), Florida Statutes, as follows: (2) If the area annexed was subject to a county land use plan and county zoning or subdivision regulations, said regulations shall remain in full force and effect until the area is rezoned by the municipality to comply with its comprehensive plan otherwise provided by law....
...regulations for a period of 2 years from the effective date of the annexation unless approval of such increase is granted by the governing body of the county. Effective 15 May 1993, the Legislature in section 2, Ch. 93-243, Laws of Florida, amended section 171.062(2), Florida Statutes, as follows: (2) If the area annexed was subject to a county land use plan and county zoning or subdivision regulations, said regulations shall remain in full force and effect until the municipality adopts a comprehensive plan amendment to include the annexed area the area is rezoned by the municipality to comply with its comprehensive plan. Finally, effective 1 July 1993, the Legislature in section 17, Ch. 93-206, Laws of Florida, amended section 171.062(2), Florida Statutes, to its final form: (2) If the area annexed was subject to a county land use plan and county zoning or subdivision regulations, these said regulations shall remain in full force and effect until the municipality a...
...NOTES [1] On September 19, 2002, the City's Director of Planning and Building sent a letter to Ponce Associates' attorney, stating that Ponce Associates could eliminate the existing 18-hole golf course without additional approval from the City Commission. [2] Only three (3) Florida cases were found which cite to section 171.062, Florida Statutes....
