1.Annexation and Interlocal Service Boundary Agreements

By: Janet Mueller, Executive Planner

What is An Annexation? 
Annexation is the process of adding property to the boundaries of a city and removing it from the unincorporated area of a county. State annexation law makes it easy for property owners in the unincorporated county to apply to a city to annex their property into city jurisdiction. If the property is compact, contiguous (adjacent) to city boundaries, and will not create enclaves in unincorporated county, it can be annexed. 

Types of Annexations
An unincorporated area can be annexed into a city in two ways:

1.  If all property owners sign a petition asking that their property be annexed, the city can adopt an ordinance annexing the property. This action is referred to as a “voluntary annexation.”  In a voluntary annexation, the property owners sign a petition asking to be annexed.  If all the property owners sign the petition and it meets State requirements, then the city annexes the property. The governing body of the annexing jurisdiction is required to give public notice of the annexation proposal and the city must adopt an ordinance approving the annexation. Under the voluntary annexation procedure the only limitations are that the property be contiguous, reasonably compact and that it not create enclaves. 

2.  If all of the property owners will not sign a petition to be annexed, the city can institute an “involuntary annexation.” The procedures for involuntary annexation are described in the Florida Statutes. A governing body wishing to annex property may pass an ordinance to annex the property. However, this ordinance cannot become effective until a majority of the electors in the area to be annexed vote for the annexation. There are very specific notice and hearing requirements for the involuntary annexation.

County zoning and land development regulations remain in effect on the annexed property until the city’s Comprehensive Plan is amended to assign a city future land use designation and rezoning occurs to assign City land development regulations to the property.

County Staff Review of Annexations           

• The administrative process begins with a notice from the City to the Board of County Commissioners.

• The County Administrator receives the notice and sends it to the Planning and Growth Management Department (PGM) to coordinate a review.

• PGM distributes the documents to reviewing departments and outside agencies.

• PGM prepares an agenda item for a Board of County Commissioners meeting asking the Board to receive the City’s correspondence and authorize the transmittal of staff commentary to the City.

Interlocal Service Boundary Agreements
Part II of the annexation statute creates the Interlocal Service Boundary Agreement Act which sets out the process through which cities, counties and other public entities jointly determine how to provide service to properties in the most efficient way and to establish a process for adjusting municipal boundaries. This part is intended to encourage intergovernmental coordination in planning, service delivery and boundary adjustments. It is also intended to promote sensible boundaries that reduce the costs of local governments and avoid duplication of local services.

Comprehensive Plan policies call for the County to review all municipal annexation requests and to strive to negotiate interlocal agreements with the incorporated municipalities to resolve planning and infrastructure issues relating to lands planned for annexation. Interlocal Agreements will allow for further coordination of the land use planning and infrastructure provision for areas of possible annexation surrounding the municipalities.

Hillsborough County, Temple Terrace and Plant City staff have been working together to identify opportunities for joint planning, including land use, transportation and public service delivery in anticipation of developing Interlocal Service Boundary Agreements.

2. Annexation Facts in Hillsborough County

Since 2003, the following numbers of voluntary annexations have been proposed:

Plant City — 50 voluntary proposals to annex an estimated 3,897 acres into the City of Plant City

Temple Terrace — 20 voluntary proposals to annex an estimated 345 acres into the City of Temple Terrace

Tampa — 1 voluntary proposal to annex 379 acres into the City of Tampa