1 | A bill to be entitled |
2 | An act relating to conflict resolution; amending s. |
3 | 171.081, F.S.; requiring a governmental entity affected by |
4 | annexation or contraction to initiate conflict resolution |
5 | procedures under certain circumstances; providing a |
6 | definition; providing for the award of attorney's fees to |
7 | the prevailing party; providing an effective date. |
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9 | Be It Enacted by the Legislature of the State of Florida: |
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11 | Section 1. Section 171.081, Florida Statutes, is amended |
12 | to read: |
13 | 171.081 Appeal on annexation or contraction.--No later |
14 | than 30 days following the passage of an annexation or |
15 | contraction ordinance, any party affected, except a governmental |
16 | entity, who believes that he or she will suffer material injury |
17 | by reason of the failure of the municipal governing body to |
18 | comply with the procedures set forth in this chapter for |
19 | annexation or contraction or to meet the requirements |
20 | established for annexation or contraction as they apply to his |
21 | or her property may file a petition in the circuit court for the |
22 | county in which the municipality or municipalities are located |
23 | seeking review by certiorari. If the affected party is a |
24 | governmental entity, no later than 30 days following the passage |
25 | of an annexation or contraction ordinance, the governmental |
26 | entity must initiate and proceed through the conflict resolution |
27 | procedures established in chapter 164. If there is a failure to |
28 | resolve the conflict, no later than 30 days following the |
29 | conclusion of the procedures established in chapter 164, the |
30 | governmental entity that initiated the conflict resolution |
31 | procedures may file a petition in the circuit court for the |
32 | county in which the municipality or municipalities are located |
33 | seeking review by certiorari. In any action instituted pursuant |
34 | to this section, the prevailing party complainant, should he or |
35 | she prevail, shall be entitled to reasonable costs and |
36 | attorney's fees. For purposes of this section, "governmental |
37 | entity" means a county, municipality, or special district. |
38 | Section 2. This act shall take effect July 1, 2004. |