Senate Bill sb2344

    Florida Senate - 2004                                  SB 2344

    By the Committee on Comprehensive Planning





    316-1084B-04

  1                      A bill to be entitled

  2         An act relating to local governments; amending

  3         s. 171.0413, F.S.; providing notice

  4         requirements for a municipality commencing

  5         certain annexation procedures; providing that

  6         failure to deliver notice under certain

  7         circumstances does not constitute grounds for

  8         invalidating an annexation; providing an

  9         effective date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Subsection (1) of section 171.0413, Florida

14  Statutes, is amended to read:

15         171.0413  Annexation procedures.--Any municipality may

16  annex contiguous, compact, unincorporated territory in the

17  following manner:

18         (1)  An ordinance proposing to annex an area of

19  contiguous, compact, unincorporated territory shall be adopted

20  by the governing body of the annexing municipality pursuant to

21  the procedure for the adoption of a nonemergency ordinance

22  established by s. 166.041. Prior to the adoption of the

23  ordinance of annexation, the local governing body shall hold

24  at least two advertised public hearings.  The first public

25  hearing shall be on a weekday at least 7 days after the day

26  that the first advertisement is published. The second public

27  hearing shall be held on a weekday at least 5 days after the

28  day that the second advertisement is published. At least 10

29  days prior to the first public hearing, the annexing

30  municipality shall provide notice, by mail to the property

31  owners and registered electors within the proposed area to be

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2344
    316-1084B-04




 1  annexed, of the date, time, and place for each of the two

 2  public hearings and a map of the proposed area to be annexed.

 3  If the annexing municipality makes a good faith effort to

 4  comply with this notice requirement but fails to deliver

 5  notice to all of the property owners or electors entitled to

 6  notice, such failure to comply with the notice requirement may

 7  not be the basis for a cause of action invalidating the

 8  annexation. Each such ordinance shall propose only one

 9  reasonably compact area to be annexed. However, prior to the

10  ordinance of annexation becoming effective, a referendum on

11  annexation shall be held as set out below, and, if approved by

12  the referendum, the ordinance shall become effective 10 days

13  after the referendum or as otherwise provided in the

14  ordinance, but not more than 1 year following the date of the

15  referendum.

16         Section 2.  This act shall take effect July 1, 2004.

17  

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19                          SENATE SUMMARY

20    Requires a municipality to notify property owners and
      registered electors within an area proposed for
21    annexation of the date, time, and place of the public
      hearings and provide a map of the affected area. Provides
22    that failure to notify all of the property owners or
      electors is not grounds for an action to invalidate the
23    annexation if the municipality made a good faith effort
      to comply with the notice requirement.
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CODING: Words stricken are deletions; words underlined are additions.