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 must shall be 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) Before Prior to the adoption of the ordinance of
   25  annexation, the local governing body shall hold at least two
   26  advertised public hearings. The first public hearing must shall
   27  be on a weekday at least 7 days after the day that the first
   28  advertisement is published. The second public hearing must shall
   29  be held on a weekday at least 5 days after the day that the
   30  second advertisement is published. Each such ordinance may shall
   31  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) Before However, prior to the ordinance of annexation
   37  becomes becoming effective, a referendum on annexation must
   38  shall be 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.