Annexation
Annexation, in its simplest terms, is the
addition of unincorporated areas into a municipality. In a state such as
Florida, rapid urban growth can force cities to find ways to expand and
maintain their network of goods and services to the unincorporated areas that
surround them. Annexation provides plenty of inherent good for both parties
involved as the municipality gains new land and additional people for its tax
base, and the citizens in the newly annexed locations gain the established services
that a municipality brings with it; however, there are also downsides to this
expansion. The municipality must figure out how to interact and co-exist with
existing county services, and how this will be funded. Existing residents of
the municipality are sometimes subject to double taxation for the extension of
services to the new areas, which they are already paying for within the
municipality.
Annexation Under
Florida Law
The
legal framework for annexation is laid out in Chapter 171 of Florida Statutes.
There are two main paths to annexation: voluntary and involuntary.
Voluntary
Residents
of unincorporated areas are given the right by Florida law to petition a
governing body of a municipality to annex their area. If the governing body determines
the petition has signatures of every landowner in the proposed area of annexation,
they have the option to pass an ordinance that lays out the boundaries of the
area to be annexed. The annexation ordinance is only final after certain
requirements for notifying the public of the proposed annexed land have been
met.
Involuntary
Before
starting the annexation process, the municipality must put out a report that
details how they plan on providing urban services to the new areas. In this
report, they must include: a map of the existing and proposed boundaries of the
annexation, a plan detailing how municipal services like water and sewer will
be extended, and a plan for how this extension will be financed. If a
municipality wishes to annex an area, they can pass an ordinance that does so.
The annexation must be “contiguous, compact, and unincorporated.” Land owned by residents or businesses within
the proposed area of annexation must be included in their entirety, and no
enclaves can be formed. Before the ordinance is adopted, the governing body is
required to host two public hearings. After these public hearings occur, the
annexing municipality must hold a referendum for the voters who live within the
borders of the proposed annexation.
Pros and Cons of
Annexation
Florida
has seen incredible urban growth in the last half century. Cities all across
the state have developed into large population hubs with big economies and a
web of services. It is only natural that in this urban growth, cities look to
the land outside their borders as a desirable commodity. Research has shown that
across the nation restrictive annexation policies have choked cities like St.
Louis and New Orleans, whereas cities that encouraged growth like Charlotte
have prospered. By adding regional economies into the larger municipal economy,
businesses in both areas will benefit from the larger consumer population.
Another benefit is the extension of municipal services into traditionally rural
areas, which may have previously not had services or had sub-par services. This
brings up a negative, however. Sometimes residents end up being “double taxed” where
they are paying for services in the new areas that they are already paying for
within their district because tax rates have to be raised to afford the
extension of services. It is important to note that annexation should be
approached on a case-by-case basis. Citizens must take into account their
individual needs and resources before they move on with annexation.