| 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. |
| 8 |
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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. |