HB 0985

1
A bill to be entitled
2An act relating to conflict resolution; amending s.
3171.081, F.S.; requiring a governmental entity affected by
4annexation or contraction to initiate conflict resolution
5procedures under certain circumstances; providing a
6definition; providing for the award of attorney's fees to
7the prevailing party; providing an effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Section 171.081, Florida Statutes, is amended
12to read:
13     171.081  Appeal on annexation or contraction.--No later
14than 30 days following the passage of an annexation or
15contraction ordinance, any party affected, except a governmental
16entity, who believes that he or she will suffer material injury
17by reason of the failure of the municipal governing body to
18comply with the procedures set forth in this chapter for
19annexation or contraction or to meet the requirements
20established for annexation or contraction as they apply to his
21or her property may file a petition in the circuit court for the
22county in which the municipality or municipalities are located
23seeking review by certiorari. If the affected party is a
24governmental entity, no later than 30 days following the passage
25of an annexation or contraction ordinance, the governmental
26entity must initiate and proceed through the conflict resolution
27procedures established in chapter 164. If there is a failure to
28resolve the conflict, no later than 30 days following the
29conclusion of the procedures established in chapter 164, the
30governmental entity that initiated the conflict resolution
31procedures may file a petition in the circuit court for the
32county in which the municipality or municipalities are located
33seeking review by certiorari. In any action instituted pursuant
34to this section, the prevailing party complainant, should he or
35she prevail, shall be entitled to reasonable costs and
36attorney's fees. For purposes of this section, "governmental
37entity" means a county, municipality, or special district.
38     Section 2.  This act shall take effect July 1, 2004.


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