The most common types of annexation fall under an umbrella of voluntary annexation, which requires some form of consent from the property owners in the area. That could occur through a petition method, where a petition is submitted to the municipality that bears the signatures of all the property owners in the area proposed to be annexed. It could also occur through a voter referendum of all registered voters in the proposed area. In each of these scenarios, the land must be contiguous to the city limits and cannot create enclaves.

Annexation by Special Act occurs when the Florida Legislature approves a local bill to extend a municipality’s borders. This form of annexation is the only form of annexation in Florida that does not require approval from members of the community being annexed.

Annexation by Special Act requires a member of the Florida Legislature, in this case a member of the Lee County legislative delegation, to file a bill to expand the boundaries of a municipality. These bills are often referred to as local bills and must be approved by the entire local legislative delegation before being filed.

Once filed, the bill must be approved by the Florida House and Florida Senate and not vetoed by the Governor before it becomes law.

Cape Coral has identified several enclaves, or properties adjacent to city limits that have not been incorporated into the city, to be annexed as part of the proposed Special Act. Most of the enclaves are assembled along SW Pine Island or Pondella Road, with a cluster of properties along Sand Road in northwest Cape and another group of properties on Whispering Pines Road.

About half of the enclaves located along Pine Island Road are located within the Greater Pine Island Water Association (GPIWA) service area. If these properties are annexed, the city would eventually need to provide water, sewer and irrigation services.

Property owners within the GPIWA and MPIFCD service areas could experience increased taxes and a loss of high-quality, essential services if annexation occurs.

GPIWA provides water to residential, commercial and other users through a longstanding agreement with Lee County to unincorporated areas. This means that, if parts of the GPIWA service area are annexed, the association can only continue to provide services through the end of the existing agreement. Once that agreement expires, water utilities would be provided by the City of Cape Coral. This could lead to increased utility costs to the annexed properties.

Annexation efforts could lead to increased taxes for property owners in newly annexed areas. Ad valorem taxes within city limits are generally higher than those in unincorporated Lee County. The City of Cape Coral also imposes a 7% public service tax on electricity and charges an additional fire assessment fee. Additionally, annexed areas would fall under the City of Cape Coral Code Enforcement rules.

Annexation efforts could have a significant impact on the long-term health of the water association and fire department. As more properties within their respective service areas are annexed into the City of Cape Coral, the GPIWA will lose revenue.

The GPIWA is one of the longest operating nonprofit water utilities in Lee County, providing clean, safe drinking water to Pine Island and the surrounding communities since 1967. The association is governed by a Board of Directors, which has the authority to establish a minimum, monthly base rate for services, which is charged to its members.

If annexation were to move forward, the GPIWA would not only be limited in its ability to serve customers, but also collect necessary operating rates. This would have a long-term impact on the financial health and viability of the organization.

Yes. In 2003, then-Florida State Rep. Jeff Kottkamp sponsored legislation that would have allowed Cape Coral to annex several enclaves. While the bill was approved by the Florida House and the Florida Senate, then-Gov. Jeb Bush ultimately vetoed the proposal. In his veto letter, Bush cited concerns raised by “affected and interested parties” as a reason for his veto. Kottkamp also removed support for the bill, due to public outcry, and was among those encouraging Bush to veto it.

During the Lee Board of County Commissioners regular meeting on Nov. 15, the Board voted unanimously to include a policy statement opposing legislative annexation of unincorporated land into city boundaries

It’s important that members of the Lee Board of County Commissioners and the Lee County legislative delegation hear from property owners and community members that could be impacted by these annexation attempts. For more information about how you can take action, click here.