Pinellas County v. City of Largo

964 So. 2d 847, 2007 WL 2713544
CourtDistrict Court of Appeal of Florida
DecidedSeptember 19, 2007
Docket2D06-4826
StatusPublished
Cited by6 cases

This text of 964 So. 2d 847 (Pinellas County v. City of Largo) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pinellas County v. City of Largo, 964 So. 2d 847, 2007 WL 2713544 (Fla. Ct. App. 2007).

Opinion

964 So.2d 847 (2007)

PINELLAS COUNTY, Florida, a political subdivision, Appellant,
v.
CITY OF LARGO, Florida, a municipal corporation, and City of Seminole, Florida, a municipal corporation, Appellees.

No. 2D06-4826.

District Court of Appeal of Florida, Second District.

September 19, 2007.

*849 David S. Sadowsky, Assistant County Attorney, Clearwater, for Appellant.

Alan S. Zimmet and Natalie D. Wilhelm of Zimmet, Unice, Salzman & Heyman, P.A., Clearwater, for Appellee City of Largo.

John M. Elias, Clearwater, for Appellee City of Seminole.

James W. Denhardt, St. Petersburg, for Appellee City of Pinellas Park (as Intervenor).

Thomas B. Drage, Jr., County Attorney, and Joel D. Prinsell, Deputy County Attorney, Orlando, and Linda Brehmer Lanosa, Assistant County Attorney, Orlando, for Appellant's Amicus Curiae Orange County.

Harry Morrison, General Counsel, and Rebecca O'Hara, Deputy General Counsel, Tallahassee, for Appellee's Amicus Curiae Florida League of Cities, Inc., and John C. Wolfe, City Attorney, and Jeanne Hoffmann, Assistant City Attorney, St. Petersburg, for Appellee's Amicus Curiae City of St. Petersburg.

LaROSE, Judge.

Pinellas County (the County) appeals the trial court's final summary judgment entered in favor of the City of Largo and the City of Seminole (the Cities). The judgment invalidated three ordinances by which the County attempted to create an exclusive method of voluntary municipal annexation. The judgment recites that section 171.044(4), Florida Statutes (2005), did not allow the County to adopt such a method. We have jurisdiction. See Fla. R.App. P. 9.030(b)(1)(A). We affirm the judgment. We hold that the County may provide an exclusive method of voluntary municipal annexation in its charter under section 171.044(4). The County's exclusive method of voluntary municipal annexation, however, was ineffective because it was not set forth in the County charter and approved by the voters.

Background

The Municipal Annexation or Contraction Act (the Act), enacted in 1974, underlies this case. See §§ 171.011-.094; ch. 74-190, § 1, at 502-11, Laws of Fla. The central issue for our review is whether and how the County may adopt an exclusive method of voluntary municipal annexation. At the outset, we note that our constitution specifically addresses municipal annexation:

Municipal annexation of unincorporated territory, merger of municipalities, and exercise of extra-territorial powers by municipalities shall be as provided by general or special law.

Art. VIII, § 2(c), Fla. Const. Although annexation power resides in the first instance with the legislature, the legislature may share that power. See N. Ridge Gen. Hosp., Inc. v. City of Oakland Park, 374 So.2d 461, 464 (Fla.1979). The Act, a general law, establishes procedures for adjusting municipal boundaries. The Act reflects a legislative determination that municipal annexation or contractions should (1) ensure sound urban development and accommodation to growth, (2) be made pursuant to uniform legislative statewide standards, (3) ensure the efficient provision of urban services to areas that become urban in character, and (4) ensure that areas are not annexed unless municipal services can be provided to those areas. § 171.021; see also § 171.022 (stating that the purpose of the Act is to provide viable and usable general law standards and procedures for adjusting the boundaries of municipalities; repealing *850 provisions of any special act or municipal charter relating to the adjusting of municipal boundaries in effect on October 1, 1974).

The Act provides two methods of annexation. The first is by referendum. A municipality may annex contiguous, compact, unincorporated territory according to set procedures, including a vote by the electors in the proposed annexation area. See § 171.0413.

The second method—voluntary annexation—allows all property owners in unincorporated, reasonably compact areas contiguous to a municipality to petition the municipality for annexation. See § 171.044. The 1974 version of the Act provided that voluntary annexation "shall be supplemental to the other provisions of this chapter." § 171.044(4), Fla. Stat. (Supp.1974). Therefore, voluntary annexation was an alternative to annexation by referendum. In 1975, the legislature amended section 171.044(4) to add language that remains in effect today:

(4) The method of annexation provided by this section shall be supplemental to any other procedure provided by general or special law, except that this section shall not apply to municipalities in counties with charters which provide for an exclusive method of municipal annexation.

See ch. 75-297, § 4, at 1079, Laws of Fla. (emphasis added).[1]

When the legislature amended section 171.044(4) in 1975, the County was not a charter county.[2] It became a charter county in 1980. Its charter does not provide for an exclusive method of voluntary municipal annexation.

Our record suggests that the County's growth, increasing density, and planning needs counseled in favor of a county-wide method of voluntary municipal annexation. Accordingly, in November 2000, the County's voters adopted Ordinance 00-66 (the Charter Ordinance). The Charter Ordinance amended the County charter to provide that all voluntary annexations must comport with an exclusive method and criteria to be set forth in another ordinance. Concurrently, the County commission adopted Ordinance 00-63 (the Voluntary Annexation Ordinance) that provided the exclusive method for voluntary annexation, delineating areas eligible for municipal annexation.

The lawsuit underlying this appeal stems from the County commission's adoption of Ordinance 02-48 (the Contraction Ordinance). The County sought to contract the size of certain municipalities, including the Cities. A "`contraction' means the reversion of real property within municipal boundaries to an unincorporated *851 status." § 171.031(2). The Cities filed suit seeking to invalidate all three ordinances.

The Cities moved for summary judgment. The trial court concluded that section 171.044(4) did not allow the County to adopt its own method of annexation.[3] Alternatively, the trial court concluded that the Charter Ordinance violated general law because it did not provide for an exclusive method of voluntary municipal annexation in the county charter; it merely delegated the authority to do so by ordinance to the County commission. As a consequence of these rulings, the Voluntary Annexation Ordinance and the Contraction Ordinance necessarily were invalid.

On appeal, the County argues that section 171.044(4) allows charter counties to provide for an exclusive method of voluntary municipal annexation. It also argues that such method can be set forth in an ordinance. The Cities, on the other hand, contend that part I of chapter 171 preempts the entire field of annexation and does not authorize charter counties to regulate voluntary annexation. The Cities argue that, even if charter counties have such authority, the method of voluntary annexation must rest in the County charter.

Analysis

The trial court's final summary judgment is based on an interpretation of section 171.044(4). Our "standard of review governing a trial court's ruling on a motion for summary judgment posing a pure question of law is de novo." Shaw v. Tampa Elec. Co., 949 So.2d 1066, 1069 (Fla. 2d DCA 2007) (quoting Major League Baseball v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

City of Jacksonville v. Smith
159 So. 3d 888 (District Court of Appeal of Florida, 2015)
M & H PROFIT, INC. v. City of Panama City
28 So. 3d 71 (District Court of Appeal of Florida, 2009)
Brock v. Board of County Commissioners
21 So. 3d 844 (District Court of Appeal of Florida, 2009)
Fernandez-Fox v. Estate of Lindsay
972 So. 2d 281 (District Court of Appeal of Florida, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
964 So. 2d 847, 2007 WL 2713544, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pinellas-county-v-city-of-largo-fladistctapp-2007.