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2005 Florida Attorney General Reports and Opinions 1 (2005)

handle is hein.sag/sagfl0028 and id is 1 raw text is: Florida Attorney General Advisory Legal Opinion Number: AGO 2005-01 Date: January 27, 2005 Subject: Annexation, calculation of ownership of land Mr. George W. Baldwin General Counsel, Village of North Palm Beach Law Offices of Brant and Baldwin 330 Federal Highway Lake Park, Florida 33403 RE: MUNICIPALITIES - ANNEXATION - ROADS - WATER BODIES - CONDOMINIUMS - inclusion of certain private property in calculation of ownership of land for municipal annexation. Dear Mr. Baldwin: As general counsel for the Village of North Palm Beach you have asked for my opinion on substantially the following question: Pursuant to section 171.0413(5), Florida Statutes, are privately owned rights-of-way, water bodies, and condominiums to be considered in the calculation of ownership of land by non-registered elector owners? According to your letter, the Village of North Palm Beach is considering involuntary annexation of areas contiguous to its borders under section 171.0413, Florida Statutes. The village has had its planning consultant make a study of the proposed area, and the consultant advises that more than 70 percent of the land might be owned by individuals, corporations or legal entities that are not registered electors, depending on whether privately owned rights-of-way, water bodies and condominium units owned by non-registered electors are included in the calculation. Chapter 171, Florida Statutes, is the Municipal Annexation or Contraction Act. [1] Among the purposes of the act are to establish uniform procedures for adjusting municipal boundaries through annexation or contraction of corporate limits and to set forth criteria for determining when annexation or contraction is appropriate.[2] To accomplish these goals, the act provides general law standards and procedures for adjusting the boundaries of Florida municipalities and acts as a preemption to the state regarding legislation in this area.[3] Section 171.0413, Florida Statutes, provides that a municipality may annex contiguous, compact, unincorporated territory by using the procedures described in the statute. The statute requires the governing body of a municipality to adopt a nonemergency ordinance proposing the annexation of the territory.[4] The ordinance does not become effective, however, until at least 10 days after it has been approved by a majority of the registered electors in the area proposed to be annexed.[5] If a majority of the electors in the area to be annexed vote against annexation, the