HomeMy WebLinkAboutHandouts_Workshop_Tab 01_06/22/2010 D'Ambra (2) Thoughts on Municipal Annexation in Florida
There are two types of annexation, through Chapter 171, Florida Statutes:
Voluntary — usually one or two landowners petition the city for annexation through public
hearing and adoption of an ordinance by the council /commission.
Referendum — a vote of registered voters within the area to be annexed (community) and the
registered voters within the city's limits is required; the referendum must pass both sections by
simple majority or it is considered defeated. If defeated, it can be tried again.
In both cases, the land must be contiguous to the existing city boundaries, reasonably compact
and not create an enclave (an area that is bounded by a city's limits on three or more sides).
There is an additional measure allowed by statute: the city and county can agree upon the
annexation of undeveloped land in small parcels by mutual consent, and then the city adopts an
ordinance through public hearing. This usually works for something near an industrial or
commercial area. The area in question cannot be developed before it is annexed.
Steps to consider:
Voluntary — the landowner often wants to be part of the city before seeking a land -use change,
or considering development, or may want the annexation for access to a utility (water, sewer,
stormwater, natural gas). The scheduling of the public hearings and determination of all of the
paperwork are the toughest parts.
Referendum — depending upon the size of the community in question, there are numerous points
to consider. Staff usually compiles the map, data (number of residents /commercial
entities /number of registered voters and impacted precincts) and determines whether public
meetings (town hall, or community forum - style) should be held in the area in question so that
residents and business owners know what is proposed and what the process is.
County commissions can and do challenge annexations, especially in chartered counties, due to
land -use or control of land -use decisions. Counties have also been known to challenge for what
are called "finger," or "serpentine" types of annexations if it appears the city has cherry- picked
an outlying piece of land and use existing boundaries to reach it. There is quite a bit of case law
on these challenges.
Service delivery concerns (who will maintain roads, or will private roads be acquired by the city)
often arise in Referendum annexations. If there is an MSTU (municipal services taxing unit) in
the area to be annexed, then the county will be very involved in the pre - annexation work because
of the necessary transition of service delivery and the need to change possible tax codes for
certain addresses if the MSTU would no longer apply (remember, MSTUs can and often do
include municipal properties — don't assume an MSTU goes away if an area is annexed). There
has been substantial debate between cities and counties over "double taxation" related to law
enforcement, and the MSTU was originally thought of as a tool to help combat the burden that a
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city bears for countywide law enforcement when a city has its own police department, but the
courts have sided with county law enforcement since the 1980s due to the fact certain county law
enforcement tasks /responsibilities cannot be performed by a police department (law enforcement
at the jail, or issuing eviction notices for example). The Legislature has not looked at this issue;
it is a legislative priority for the Florida League of Cities.
Public meeting ideas — large map; written summary of the ballot language and ballot
dates /process; have a Q and A session with city staff and elected officials to answer questions —
it helps if a neutral person serves as moderator (someone from the community college's political
science or communications department).
Keep in mind: in 2008, Legislature passed SB 216, which limits a city's activities on any ballot
measure such that public funds may not be expended on the ballot issue except for informational
materials (the city cannot advocate a yes /no vote and may share only facts). As a result, the
number of ballot measures for cities and counties has decreased.
Key players: city attorney (and possible special counsel who are experienced in annexation law);
city planners; those who prepare city agenda material (manager, clerk) and public meetings
(manager, clerk); neighborhood association chairmen and directors; utility providers in the areas
being considered (franchise agreements with FPL, for example, would be impacted if a city's
boundaries change); county attorney, county planner (changes to county land -use maps and the
county comprehensive plan) and the supervisor of elections.
Other resources:
Florida Legislature: Chapter 171 of Florida Statutes:
http: / /www.leg.state.fl.us /Statutes /index.cfm ?App mode = Display Statute &URL =Ch0171 /ch017
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The Legislative Committee on Intergovernmental Relations.: www.floridalcir.gov — wrote one of
the only annexation study papers in the 1980s; it is under their publications list on this web site
through 6/30/10 — the committee is being abolished as of 7/1/10 and we are not sure where their
library of data will reside after that time. Phone: 850/488 -9627
International City /County Management Association — www.icma.org has a bookstore and
reference materials on annexation (theory and practice; does not include Florida- specific
references). This web site is currently down due to a new site being launched this week. Phone
number (might be faster to call them): 202/289 -4262. Your city manager may be an ICMA
member and can access some of their material at no cost — this is worth checking.