Senate Bill sb2760

    Florida Senate - 2004                                  SB 2760

    By Senator Constantine





    22-1791-04

  1                      A bill to be entitled

  2         An act relating to appeal of a municipal

  3         annexation or contraction ordinance; amending

  4         s. 171.081, F.S.; requiring a county,

  5         municipality, or special district to complete

  6         conflict resolution procedures before seeking

  7         judicial review; providing for costs and

  8         attorney's fees to be paid to the prevailing

  9         party, not just to the prevailing complainant;

10         providing an effective date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Section 171.081, Florida Statutes, is

15  amended to read:

16         171.081  Appeal on annexation or contraction.--No later

17  than 30 days following the passage of an annexation or

18  contraction ordinance, any party affected who believes that he

19  or she will suffer material injury by reason of the failure of

20  the municipal governing body to comply with the procedures set

21  forth in this chapter for annexation or contraction or to meet

22  the requirements established for annexation or contraction as

23  they apply to his or her property may file a petition in the

24  circuit court for the county in which the municipality or

25  municipalities are located seeking review by certiorari.

26  However, if the party affected is a government entity, it

27  must, before filing such a petition, initiate and proceed

28  through the conflict resolution procedures in chapter 164.

29  The entity must initiate such procedures no later than 30 days

30  following the passage of the annexation or contraction

31  ordinance. If the conflict is not resolved, the government

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    Florida Senate - 2004                                  SB 2760
    22-1791-04




 1  entity that initiated the conflict resolution procedures may,

 2  no later than 30 days following conclusion of the procedures,

 3  file a petition in the circuit court for the county in which

 4  the municipality or municipalities are located seeking review

 5  by certiorari. In any legal action instituted pursuant to this

 6  section, the prevailing party the complainant, should he or

 7  she prevail, shall be entitled to reasonable costs and

 8  attorney's fees. For purposes of this section, the term

 9  "government entity" means a county, municipality, or special

10  district.

11         Section 2.  This act shall take effect July 1, 2004.

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14                          SENATE SUMMARY

15    Requires a county, municipality, or special district to
      complete conflict resolution procedures before seeking
16    judicial review of an annexation or contraction ordinance
      by a municipality. Awards costs and attorney's fees in
17    the legal action to the prevailing party, not just the
      prevailing complainant.
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CODING: Words stricken are deletions; words underlined are additions.