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Florida Statute 171.081 | Lawyer Caselaw & Research
F.S. 171.081 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XII
MUNICIPALITIES
Chapter 171
LOCAL GOVERNMENT BOUNDARIES
View Entire Chapter
F.S. 171.081
171.081 Appeal on annexation or contraction.
(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 contraction as they apply to his or her property may file a petition in the circuit court for the county in which the municipality or municipalities are located seeking review by certiorari. The action may be initiated at the party’s option within 30 days following the passage of the annexation or contraction ordinance or within 30 days following the completion of the dispute resolution process in subsection (2). In any action instituted pursuant to this subsection, the complainant, should he or she prevail, shall be entitled to reasonable costs and attorney’s fees.
(2) If the affected party is a governmental entity, no later than 30 days following the passage of an annexation or contraction ordinance, the governmental entity must initiate and proceed through the conflict resolution procedures established in chapter 164. If there is a failure to resolve the conflict, no later than 30 days following the conclusion of the procedures established in chapter 164, the governmental entity that initiated the conflict resolution procedures may file a petition in the circuit court for the county in which the municipality or municipalities are located seeking review by certiorari. In any legal action instituted pursuant to this subsection, the prevailing party is entitled to reasonable costs and attorney’s fees.
History.s. 1, ch. 74-190; s. 3, ch. 78-95; s. 916, ch. 95-147; s. 5, ch. 2006-218.

F.S. 171.081 on Google Scholar

F.S. 171.081 on Casetext

Amendments to 171.081


Arrestable Offenses / Crimes under Fla. Stat. 171.081
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 171.081.



Annotations, Discussions, Cases:

Cases from cite.case.law:

MATLACHA CIVIC ASSOCIATION, INC. C. J. v. CITY OF CAPE CORAL,, 273 So. 3d 243 (Fla. App. Ct. 2019)

. . . At issue here is the first count which sought certiorari review of the ordinance pursuant to section 171.081 . . . Section 171.081(1) provides for review of an annexation or contraction and states, in pertinent part: . . . The City argued that standing under section 171.081(1) required more than being a "party affected." . . . The certiorari petition before the trial court alleges that it was brought pursuant to section 171.081 . . . (2), which entitles a party challenging an annexation under section 171.081(1) to recover fees. . . .

CITY OF PALM BEACH GARDENS, v. F. OXENVAD,, 259 So. 3d 129 (Fla. App. Ct. 2018)

. . . Section 171.081, Florida Statutes (2017), sets forth the procedure for challenging a municipal annexation . . . "The thirty day time limitation of section 171.081 is designed for the purpose of allowing any complaint . . . Furthermore, as also noted in SCA , "the limited judicial review envisioned by Section 171.081 neatly . . .

CITY OF CENTER HILL, v. McBRYDE,, 952 So. 2d 599 (Fla. Dist. Ct. App. 2007)

. . . . § 171.081, Fla. Stat. (2005); see also County of Volusia v. . . .

BOARD OF COUNTY COMMISSIONERS, v. CITY OF COCOA,, 953 So. 2d 8 (Fla. Dist. Ct. App. 2007)

. . . Circuit courts review annexation ordinances by certiorari pursuant to section 171.081, Florida Statutes . . .

HART, v. CITY OF GROVELAND,, 919 So. 2d 665 (Fla. Dist. Ct. App. 2006)

. . . establishes that in November 2003, Hart filed a verified petition for writ of certiorari pursuant to section 171.081 . . . He also sought an award of costs and attorney’s fees, as provided by section 171.081. . . . AWARD OF FEES PURSUANT TO SECTION 171.081, FLORIDA STATUTES Section 171.081 provides for review by means . . . shall pay Petitioner Lewis Frank Hart, his reasonable costs and attorney’s fees as provided by Section 171.081 . . .

COUNTY OF VOLUSIA, v. CITY OF DELTONA,, 925 So. 2d 340 (Fla. Dist. Ct. App. 2006)

. . . circuit court asserted jurisdiction to review the validity of the annexation ordinance under section 171.081 . . . Circuit courts review annexation ordinances by certiorari under section 171.081. . . .

CITY OF OAK HILL, v. CITY OF EDGEWATER, 917 So. 2d 943 (Fla. Dist. Ct. App. 2005)

. . . After the final vote, Volusia County petitioned for certiorari in circuit court under section 171.081 . . . parties is Edgewater’s entitlement to an award of reasonable costs and attorney’s fees under section 171.081 . . . service to that area under section 180.86, and this was sufficient to confer standing under section 171.081 . . . Section 171.081 addresses the requirement of standing to challenge an annexation: No later than 30 days . . . Under section 171.081, an entity seeking certiorari must be “affected” by and anticipate “material injury . . .

CITY OF AUBURNDALE, a v. TOWN OF POLK CITY, a, 898 So. 2d 1101 (Fla. Dist. Ct. App. 2005)

. . . .” § 171.081, Fla. Stat. (2003). . . . Because the annexation does not “affect” Polk City as required by section 171.081, Polk City did not . . .

CITY OF TALLAHASSEE, v. J. R. Sr. J. M., 771 So. 2d 587 (Fla. Dist. Ct. App. 2000)

. . . challenge the annexation at issue, in that it is not a “party affected” within the meaning of section 171.081 . . . the subject of annexation qualifies the owner as an “affected party” within the meaning of section 171.081 . . . Nevertheless, we find that the better view of “riparian rights” in the context of section 171.081 is . . .

MARTIN COUNTY, a v. CITY OF STUART, a, 736 So. 2d 1264 (Fla. Dist. Ct. App. 1999)

. . . County filed petitions for writs of certiorari to seek review in the circuit court pursuant to section 171.081 . . .

CITY OF TALLAHASSEE, v. KOVACH, 733 So. 2d 576 (Fla. Dist. Ct. App. 1999)

. . . In annexation matters, section 171.081, Florida Statutes (1995), provides for certiorari review by the . . . The legislature has also set forth in Section 171.081 the method by which judicial review of any annexation . . . Again, reading Section 171.081 in pari materia with the foregoing sections on preemption and the purposes . . . challenging the City’s annexation ordinance, any such challenge must be brought pursuant to section 171.081 . . . Finally, that the Kovachs do not have standing pursuant to section 171.081 does not mean that mandamus . . .

POULOS, v. MARTIN COUNTY, 700 So. 2d 163 (Fla. Dist. Ct. App. 1997)

. . . . § 171.081, Fla. Stat. (1995). . . .

CITY OF PANAMA CITY, a v. CITY OF SPRINGFIELD,, 700 So. 2d 101 (Fla. Dist. Ct. App. 1997)

. . . . §§ 171.081; 171.031(5), Florida Statutes (1995). . . .

CITY OF SANFORD, v. SEMINOLE COUNTY,, 538 So. 2d 113 (Fla. Dist. Ct. App. 1989)

. . . . § 171.081, Fla.Stat. (1987). . . . .

CITY OF TAMPA, a v. HILLSBOROUGH COUNTY, a, 504 So. 2d 10 (Fla. Dist. Ct. App. 1986)

. . . Section 171.081, Florida Statutes (1985), provides that any party affected who believes that he will . . .

CITY OF SUNRISE, a v. BROWARD COUNTY, a, 473 So. 2d 1387 (Fla. Dist. Ct. App. 1985)

. . . Section 171.081, Florida Statutes (1983), authorizes any “party affected” who believes he will suffer . . . annexation of that portion of unincorporated Broward County satisfies the second criterion of section 171.081 . . .

CITY OF LAKE MARY, v. COUNTY OF SEMINOLE, J. J. a k a J. J. H. J., 419 So. 2d 737 (Fla. Dist. Ct. App. 1982)

. . . Pursuant to section 171.081, Florida Statutes (1977), the County petitioned the circuit court for a writ . . . They claim section 171.081 is unconstitutional because it conflicts with Article V, Section 5 of the . . . Section 171.081 shows affirmatively that the Legislature intended to create by general law a limited . . . section, the complainant, should he prevail, shall be entitled to reasonable costs and attorney’s fees. § 171.081 . . .

SCA SERVICES OF FLORIDA, INC. v. CITY OF TALLAHASSEE, a, 418 So. 2d 1148 (Fla. Dist. Ct. App. 1982)

. . . The legislature has also set forth in Section 171.081 the method by which judicial review of any annexation . . . Again, reading Section 171.081 in pari materia with the foregoing sections on preemption and the purposes . . . Thus, appellant is a “party affected’’ and meets the first criterion under Section 171.081. . . . second criterion, but appellant’s efforts falter as to the third and fourth requirements of Section 171.081 . . . Section 171.081, Florida Statutes, states: Appeal on annexation or contraction.— No later than 30 days . . .

SCA SERVICES OF FLORIDA, INC. v. CITY OF TALLAHASSEE, a TIMBERLANE SHOPS ON SQUARE, INC. v. CITY OF TALLAHASSEE,, 393 So. 2d 35 (Fla. Dist. Ct. App. 1981)

. . . On March 27, 1980, appellant Timberlane Shops on the Square filed a petition pursuant to Section 171.081 . . . Section 171.081 provides: No later than 30 days following the passage of an annexation or contraction . . . The lower courts are correct in holding that Section 171.081 allows thirty days from the date on which . . . This is evident from the prospective language used in Section 171.081 and Section 171.031(5), i. e., . . . The only provision for attorney’s fees in Chapter 171 is found in Section 171.081. . . .

NORTH RIDGE GENERAL HOSPITAL, INC. v. CITY OF OAKLAND PARK,, 374 So. 2d 461 (Fla. 1979)

. . . Further, section 171.081 provides for limited judicial review of the annexation process.' . . .

SILVERTHORNE v. CITY OF PORT ORANGE,, 356 So. 2d 36 (Fla. Dist. Ct. App. 1978)

. . . See § 171.081, Fla.Stat. (1975); State ex rel. City of Casselberry v. Mager, 356 So.2d 267, (1978). . . .

STATE CITY OF CASSELBERRY, a v. MAGER, C. E. C. L. C., 356 So. 2d 267 (Fla. 1978)

. . . . § 171.081, Fla.Stat. (1975). . . . . 120.31 has been repealed, however, does not render its provisions ineffective for the purposes of § 171.081 . . .

COUNTY OF SEMINOLE, v. CITY OF LAKE MARY, a, 347 So. 2d 674 (Fla. Dist. Ct. App. 1977)

. . . Petitioner asserts that the petition is filed “pursuant to Sections 171.081, 120.31 and 120.68, Florida . . . ground that jurisdiction to review annexation ordinances is in the Circuit Court pursuant to Section 171.081 . . . The section provides: “171.081 Appeal on annexation or contraction.— “(1) No later than 30 days following . . . Obviously the latter part of Section 171.081 contradicts the first part. . . . However, the Legislature has not amended Section 171.081 by replacing “s. 120.31” with “s. 120.68”. . . .