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Florida Statutes, Title XII

Florida/Statutes

← All Florida coverage

Title XII, Municipalities

9 chapters · 292 sections in this title.

All chapters in Title XII292 Ch 166, Municipalities64 Ch 177, Land Boundaries41 Ch 175, Firefighter Pensions39 Ch 185, Municipal Police Pensions38 Ch 171, Local Government Boundaries32 Ch 180, Municipal Public Works32 Ch 170, Supplemental and Alternative Method …20 Ch 173, Foreclosure of Municipal Tax and Spe…15 Ch 165, Formation of Local Governments11

292 sections·Filtered byTitle XII✕

Fla. Stat. § 171.042 Prerequisites to annexation
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(1) Before commencing the annexation procedures under s. 171.0413, the governing body of the municipality shall prepare a feasibility study setting forth the plans to provide urban services to any area to be annexed, and the feasibility study must include the following:(a) A map …
Fla. Stat. § 171.043 Character of the area to be annexed
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A municipal governing body may propose to annex an area only if it meets the general standards of subsection (1) and the requirements of either subsection (2) or subsection (3).(1) The total area to be annexed must be contiguous to the municipality’s boundaries at the time the an…
Fla. Stat. § 171.044 Voluntary annexation
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(1) The owner or owners of real property in an unincorporated area of a county which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality.(2) Upon determination by the governi…
Fla. Stat. § 171.045 Annexation limited to a single county
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In order for an annexation proceeding to be valid for the purposes of this chapter, the annexation must take place within the boundaries of a single county.History.—s. 2, ch. 74-190.

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Fla. Stat. § 171.046 Annexation of enclaves

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(1) The Legislature recognizes that enclaves can create significant problems in planning, growth management, and service delivery, and therefore declares that it is the policy of the state to eliminate enclaves.(2) In order to expedite the annexation of enclaves of 110 acres or l…

Fla. Stat. § 171.051 Contraction procedures

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Any municipality may initiate the contraction of municipal boundaries in the following manner:(1) The governing body shall by ordinance propose the contraction of municipal boundaries, as described in the ordinance, and provide an effective date for the contraction.(2) A petition…

Fla. Stat. § 171.052 Criteria for contraction of municipal boundaries

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(1) Only those areas which do not meet the criteria for annexation in s. 171.043 may be proposed for exclusion by municipal governing bodies. If the area proposed to be excluded does not meet the criteria of s. 171.043, but such exclusion would result in a portion of the municipa…

Fla. Stat. § 171.061 Apportionment of debts and taxes in annexations or contractions

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(1) The area annexed to a municipality shall be subject to the taxes and debts of the municipality upon the effective date of the annexation. However, the annexed area shall not be subject to municipal ad valorem taxation for the current year if the effective date of the annexati…

Fla. Stat. § 171.062 Effects of annexations or contractions

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(1) An area annexed to a municipality shall be subject to all laws, ordinances, and regulations in force in that municipality and shall be entitled to the same privileges and benefits as other parts of that municipality upon the effective date of the annexation.(2) If the area an…

Fla. Stat. § 171.071 Effect in Miami-Dade County

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Municipalities within the boundaries of Miami-Dade County shall adopt annexation or contraction ordinances pursuant to methods established by the home rule charter established pursuant to s. 6(e), Art. VIII of the State Constitution.History.—s. 1, ch. 74-190; s. 31, ch. 2008-4.

Fla. Stat. § 171.081 Appeal on annexation or contraction

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(1) Any party affected who believes that he or she will suffer material injury by reason of the failure of the municipal governing body to comply with the procedures set forth in this chapter for annexation or contraction or to meet the requirements established for annexation or …

Fla. Stat. § 171.091 Recording

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Any change in the municipal boundaries through annexation or contraction shall revise the charter boundary article and shall be filed as a revision of the charter with the Department of State within 30 days. A copy of such revision must be submitted to the Office of Economic and …

Fla. Stat. § 171.093 Municipal annexation within independent special districts

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(1) The purpose of this section is to provide an orderly transition of special district service responsibilities in an annexed area from an independent special district which levies ad valorem taxes to a municipality following the municipality’s annexation of property located wit…

Fla. Stat. § 171.094 Effect of interlocal service boundary agreements adopted under part II on annexations under this part

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(1) An interlocal service boundary agreement entered into pursuant to part II is binding on the parties to the agreement, and a party may not take any action that violates the interlocal service boundary agreement.(2) Notwithstanding any other provision of this part, without the …

Fla. Stat. § 171.20 Short title

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This part may be cited as the “Interlocal Service Boundary Agreement Act.”History.—s. 1, ch. 2006-218.

Fla. Stat. § 171.201 Legislative intent

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The Legislature intends to provide an alternative to part I of this chapter for local governments regarding the annexation of territory into a municipality and the subtraction of territory from the unincorporated area of the county. The principal goal of this part is to encourage…

Fla. Stat. § 171.202 Definitions

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As used in this part, the term:(1) “Chief administrative officer” means the municipal administrator, municipal manager, county manager, county administrator, or other officer of the municipality, county, or independent special district who reports directly to the governing body o…

Fla. Stat. § 171.203 Interlocal service boundary agreement

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The governing body of a county and one or more municipalities or independent special districts within the county may enter into an interlocal service boundary agreement under this part. The governing bodies of a county, a municipality, or an independent special district may devel…

Fla. Stat. § 171.204 Prerequisites to annexation under this part

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The interlocal service boundary agreement may describe the character of land that may be annexed under this part and may provide that the restrictions on the character of land that may be annexed pursuant to part I are not restrictions on land that may be annexed pursuant to this…

Fla. Stat. § 171.205 Consent requirements for annexation of land under this part

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Notwithstanding part I, an interlocal service boundary agreement may provide a process for annexation consistent with this section or with part I.(1) For all or a portion of the area within a designated municipal service area, the interlocal service boundary agreement may provide…

Fla. Stat. § 171.206 Effect of interlocal service boundary area agreement on annexations

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(1) An interlocal service boundary agreement is binding on the parties to the agreement, and a party may not take any action that violates the interlocal service boundary agreement.(2) Notwithstanding part I, without consent of the county and the affected municipality by resoluti…

Fla. Stat. § 171.207 Transfer of powers

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This part is an alternative provision otherwise provided by law, as authorized in s. 4, Art. VIII of the State Constitution, for any transfer of power resulting from an interlocal service boundary agreement for the provision of services or the acquisition of public facilities ent…

Fla. Stat. § 171.208 Municipal extraterritorial power

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This part authorizes a municipality to exercise extraterritorial powers that include, but are not limited to, the authority to provide services and facilities within the unincorporated area or within the territory of another municipality as provided within an interlocal service b…

Fla. Stat. § 171.209 County incorporated area power

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As provided in an interlocal service boundary agreement, this part authorizes a county to exercise powers within a municipality that include, but are not limited to, the authority to provide services and facilities within the territory of a municipality. These powers are in addit…

Fla. Stat. § 171.21 Effect of part on interlocal agreement and county charter

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A joint planning agreement, a charter provision adopted under s. 171.044(4), or any other interlocal agreement between local governments including a county, municipality, or independent special district is not affected by this part; however, a county, municipality or independent …

Fla. Stat. § 171.211 Interlocal service boundary agreement presumed valid and binding

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(1) If there is litigation over the terms, conditions, construction, or enforcement of an interlocal service boundary agreement, the agreement shall be presumed valid, and the challenger has the burden of proving its invalidity.(2) Notwithstanding part I, it is the intent of this…

Fla. Stat. § 171.212 Disputes regarding construction and effect of an interlocal service boundary agreement

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If there is a question or dispute about the construction or effect of an interlocal service boundary agreement, a local government shall initiate and proceed through the conflict resolution procedures established in chapter 164. If there is a failure to resolve the conflict, no l…

Fla. Stat. § 173.01 Foreclosure of municipal tax certificates authorized

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The lien of any and all taxes, except those ad valorem taxes collectible by the county tax collector, tax certificates, and special assessments imposed by any incorporated city or town in the state upon real estate may be foreclosed by such city or town by suit in chancery. The p…

Fla. Stat. § 173.02 Proceedings in rem against the lands

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Suits for the foreclosure of tax liens and special assessments under this chapter shall be in the nature of proceedings in rem against the lands upon which said taxes or special assessments are a lien or liens, and it shall not be material that the ownership of said lands be corr…

Fla. Stat. § 173.03 Conditions determining when suit may be brought; lands and claims included

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(1) Suit may be brought at any time after any one or more of the following events, respectively:(a) After the expiration of 2 years from the date of any tax certificate issued and held by a city or town whose charter provides for or requires the issuing of tax certificates for de…

Fla. Stat. § 173.04 Procedure for bringing foreclosure suit; certificate of attorney as to notice of suit; jurisdiction obtained by publication of notice of suit; form of notice

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(1) Any suit hereby authorized shall be commenced by bill in chancery in the circuit court of the county in which such city or town is situated, in the name of the city or town whose taxes, tax certificates and special assessments are sought to be enforced, as complainant, and ag…

Fla. Stat. § 173.05 Parties; time for appearance

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Every person interested in or having any lien upon any parcel of land described in the bill of complaint shall be deemed a party to said cause and may appear and defend said cause within the time specified in such notice. Any person not appearing and defending within such time sh…

Fla. Stat. § 173.06 Affidavits and certificates as prima facie evidence; proof of validity or invalidity

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(1) An affidavit or affidavits of the tax collector or other officer of complainant having the duty of issuing or collecting such taxes, special assessments or tax certificates, as to the existence of delinquent taxes, tax certificates and special assessments upon any parcel of l…

Fla. Stat. § 173.07 Tender of correct amount as condition precedent

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If any person shall claim that any tax, tax certificate or assessment is improper or illegal, and seek to contest the same, then such person at the time of filing an answer resisting the foreclosure of any tax lien, tax certificate or assessment lien shall tender into the registr…

Fla. Stat. § 173.08 Judgment for complainant; amounts included; attorney’s fee

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(1) In all cases where the cause may be decided for complainant, the judgment for delinquent taxes, tax certificates and special assessments against any parcel of land shall include the principal of, and interest and penalties on such taxes, tax certificates and special assessmen…

Fla. Stat. § 173.09 Judgment for complainant; special magistrate’s sale; complainant may purchase and later sell

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(1) Any such decree shall direct the special magistrate thereby appointed to sell the several parcels of land separately to the highest and best bidder for cash (or, at the option of complainant, to the extent of special assessments included in such judgment, for bonds or interes…

Fla. Stat. § 173.10 Judgment for complainant; court may order payment of other taxes or sale subject to taxes; special magistrate’s conveyances

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(1) In the judgment or decree the court may, in its discretion, direct the payment of all unpaid state and county taxes and also all unpaid city or town taxes and special assessments or installments thereof, imposed or falling due since the institution of the suit, with the penal…

Fla. Stat. § 173.11 Distribution of proceeds of sale

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The proceeds of any foreclosure sale authorized by this chapter shall be distributed by the special magistrate conducting the sale according to the final decree, and if any surplus remains after the payment of the full amount of the decree, costs and attorney’s fees, and any subs…

Fla. Stat. § 173.12 Lands may be redeemed prior to sale

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Any person interested in any lands included in the suit may redeem such lands at any time prior to the sale thereof by the special magistrate by paying into the registry of the court the amount due for delinquent taxes, interest and penalties thereon, and such proportionate part …

Fla. Stat. § 173.13 Procedure under this chapter optional

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The exercise of the power and provisions conferred in this chapter shall be optional with the municipalities and shall not be mandatory upon any municipality of the state. Any municipality desiring to proceed hereunder may elect to proceed hereunder by formal action of its govern…

Fla. Stat. § 173.14 Chapter supplemental to other law

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This chapter shall not repeal any other statute relating to the subject matter hereof, but shall be deemed to provide a supplemental, additional and alternative method of enforcement of tax liens and special assessments for the benefit of all incorporated cities or towns of the s…

Fla. Stat. § 173.15 Parties and subject matter; tax liens of equal dignity

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(1) In the foreclosure of municipal tax and special assessment liens by suit in the nature of proceedings in rem, as provided by this chapter, for the purpose of adjudicating therein all tax liens against the lands being proceeded against, or any portion thereof, and receiving fr…

Fla. Stat. § 175.021 Legislative declaration

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(1) It is hereby declared by the Legislature that firefighters perform state and municipal functions; that it is their duty to extinguish fires, to protect life, and to protect property at their own risk and peril; that it is their duty to prevent conflagration and to continuousl…

Fla. Stat. § 175.025 Short title

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This chapter may be cited as the “Marvin B. Clayton Firefighters Pension Trust Fund Act.”History.—s. 1, ch. 2004-21.

Fla. Stat. § 175.032 Definitions

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For any municipality, special fire control district, chapter plan, local law municipality, local law special fire control district, or local law plan under this chapter, the term:(1) “Additional premium tax revenues” means revenues received by a municipality or special fire contr…

Fla. Stat. § 175.041 Firefighters’ Pension Trust Fund created; applicability of provisions

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For any municipality, special fire control district, chapter plan, local law municipality, local law special fire control district, or local law plan under this chapter:(1) There shall be established a special fund exclusively for the purpose of this chapter, which in the case of…

Fla. Stat. § 175.051 Actuarial deficits not state obligation

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For any municipality, special fire control district, chapter plan, local law municipality, local law special fire control district, or local law plan under this chapter, actuarial deficits, if any, arising under this chapter shall not be the obligation of the state.History.—s. 1,…

Fla. Stat. § 175.061 Board of trustees; members; terms of office; meetings; legal entity; costs; attorney’s fees

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For any municipality, special fire control district, chapter plan, local law municipality, local law special fire control district, or local law plan under this chapter:(1) In each municipality and in each special fire control district there is hereby created a board of trustees …

Fla. Stat. § 175.071 General powers and duties of board of trustees

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For any municipality, special fire control district, chapter plan, local law municipality, local law special fire control district, or local law plan under this chapter:(1) The board of trustees, subject to the fiduciary standards in ss. 112.656, 112.661, and 518.11, the Code of …

Fla. Stat. § 175.081 Use of annuity or insurance policies

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When the board of trustees of any municipality, special fire control district, chapter plan, local law municipality, local law special fire control district, or local law plan purchases annuity or life insurance contracts to provide all or any part of the benefits as provided for…