Florida Senate - 2025 SB 384 By Senator Burton 12-00217-25 2025384__ 1 A bill to be entitled 2 An act relating to annexing state-owned lands; 3 amending s. 171.0413, F.S.; requiring a municipality 4 proposing to annex state-owned lands to notify the 5 county legislative delegation at a certain time; 6 reenacting ss. 101.6102(5) and 171.042, F.S., relating 7 to mail ballot elections and limitations and 8 prerequisites to annexation, respectively, to 9 incorporate the amendment made to s. 171.0413, F.S., 10 in references thereto; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Subsection (1) of section 171.0413, Florida 15 Statutes, is amended to read: 16 171.0413 Annexation procedures.—Any municipality may annex 17 contiguous, compact, unincorporated territory in the following 18 manner: 19 (1) An ordinance proposing to annex an area of contiguous, 20 compact, unincorporated territory mustshallbe adopted by the 21 governing body of the annexing municipality pursuant to the 22 procedure for the adoption of a nonemergency ordinance 23 established by s. 166.041. 24 (a) BeforePrior tothe adoption of the ordinance of 25 annexation, the local governing body shall hold at least two 26 advertised public hearings. The first public hearing mustshall27 be on a weekday at least 7 days after the day that the first 28 advertisement is published. The second public hearing mustshall29 be held on a weekday at least 5 days after the day that the 30 second advertisement is published. Each such ordinance mayshall31 propose only one reasonably compact area to be annexed. 32 (b) A municipality seeking to annex state-owned lands must, 33 in writing or by e-mail, notify the county legislative 34 delegation of the county in which the land is located when the 35 advertisement for the first public hearing is published. 36 (c) BeforeHowever, prior tothe ordinance of annexation 37 becomesbecomingeffective, a referendum on annexation must 38shallbe held as set out below, and, if approved by the 39 referendum, the ordinance shall become effective 10 days after 40 the referendum or as otherwise provided in the ordinance, but 41 not more than 1 year following the date of the referendum. 42 Section 2. For the purpose of incorporating the amendment 43 made by this act to section 171.0413, Florida Statutes, in a 44 reference thereto, subsection (5) of section 101.6102, Florida 45 Statutes, is reenacted to read: 46 101.6102 Mail ballot elections; limitations.— 47 (5) Nothing in this section shall be construed to prohibit 48 the use of a mail ballot election in a municipal annexation 49 referendum requiring separate vote of the registered electors of 50 the annexing municipality and of the area proposed to be 51 annexed. If a mail ballot election is authorized for a municipal 52 annexation referendum, the provisions of ss. 101.6101-101.6107 53 shall control over any conflicting provisions of s. 171.0413. 54 Section 3. For the purpose of incorporating the amendment 55 made by this act to section 171.0413, Florida Statutes, in 56 references thereto, section 171.042, Florida Statutes, is 57 reenacted to read: 58 171.042 Prerequisites to annexation.— 59 (1) Before commencing the annexation procedures under s. 60 171.0413, the governing body of the municipality shall prepare a 61 feasibility study setting forth the plans to provide urban 62 services to any area to be annexed, and the feasibility study 63 must include the following: 64 (a) A map or maps of the municipality and adjacent 65 territory showing the present and proposed municipal boundaries, 66 the present major trunk water mains and sewer interceptors and 67 outfalls, the proposed extensions of such mains and outfalls, as 68 required in paragraph (c), and the general land use pattern in 69 the area to be annexed. 70 (b) A statement certifying that the area to be annexed 71 meets the criteria in s. 171.043. 72 (c) A statement setting forth the plans of the municipality 73 for extending to the area to be annexed each major municipal 74 service performed within the municipality at the time of 75 annexation. Specifically, such plans must: 76 1. Provide for extending urban services except as otherwise 77 provided in this subsection to the area to be annexed on the 78 date of annexation on substantially the same basis and in the 79 same manner as such services are provided within the rest of the 80 municipality before annexation. 81 2. Provide for the extension of existing municipal water 82 and sewer services into the area to be annexed so that, when 83 such services are provided, property owners in the area to be 84 annexed will be able to secure public water and sewer service 85 according to the policies in effect in such municipality for 86 extending water and sewer lines to individual lots or 87 subdivisions. 88 3. If extension of major trunk water mains and sewer mains 89 into the area to be annexed is necessary, set forth a proposed 90 timetable for construction of such mains as soon as possible 91 following the effective date of annexation. 92 4. Set forth the method under which the municipality plans 93 to finance extension of services into the area to be annexed. 94 (2) Not fewer than 15 days before commencing the annexation 95 procedures under s. 171.0413, the governing body of the 96 municipality shall file a copy of the feasibility study required 97 by this section with the board of county commissioners of the 98 county in which the municipality is located. Failure to timely 99 file the feasibility study as required in this subsection may be 100 the basis for a cause of action to invalidate the annexation. 101 (3) The governing body of the municipality shall, not less 102 than 10 days prior to the date set for the first public hearing 103 required by s. 171.0413(1), mail a written notice to each person 104 who resides or owns property within the area proposed to be 105 annexed. The notice must describe the annexation proposal, the 106 time and place for each public hearing to be held regarding the 107 annexation, and the place or places within the municipality 108 where the proposed ordinance may be inspected by the public. A 109 copy of the notice must be kept available for public inspection 110 during the regular business hours of the office of the clerk of 111 the governing body. 112 Section 4. This act shall take effect July 1, 2025.