The Apopka City Council unanimously approved the fourth amendment of the joint planning area agreement (JPA) with Orange County, which entails a two-year extension on the agreement to allow renegotiation of its terms.  

At the Oct. 1 City Council meeting, city planner Bobby Howell said the amendment proposes a two-year extension to renegotiate the JPA, which was first created between the city and county in 2004 as a settlement agreement to resolve pending litigation between both parties at the time. The original JPA includes a 21-year agreement.  

“The city was sued over numerous issues, I believe, related to annexation,” Howell said. “This is what my understanding is.”  

Since 2004, the JPA was amended three times, with the last one coming in 2019.  

The City Council previously directed staff at the July 2 meeting to renegotiate the JPA terms between the city and Orange County. The agreement expires on Dec. 31 with an automatic renewal for another five years unless either party delivers a notice of non-renewal.  

City and county staff agreed upon a two-year extension of the JPA to allow time to establish a negotiated framework for the JPA that will be mutually beneficial to both parties.  

In discussion with the City Council, Howell said city staff met with Orange County staff in early September about modifying the JPA, which would include the new agreement to have a five-year term with a 90-day opt-out clause. 

If the amendment is approved, the expiration date of the existing agreement will be Dec. 31, 2027.  

Commissioner Nick Nesta asked Howell about how Senate Bill (SB) 180 would impact the JPA and potential liability issues.  

SB 180 was approved during the 2025 legislative session with the intent to assist Floridians rebuilt after hurricanes, but the final version also nullified land-use regulations and comprehensive plans—leading 25 municipalities and counties to sue.  

“I know our comp(prehensive) plan was kicked back due to some of those restrictions with this JPA, although it’s not with the state; it’s between two municipalities,” Nesta said.  

In response, Howell said anybody could challenge the JPA.  

“When our comp plan was kicked back from the state, it was deemed null and void because it was restrictive and burdensome,” Howell said. “The person I spoke to at Florida Commerce literally told me that you might get a different reviewer next time; you might get a different answer.” 

Seeing that the South Apopka annexation map is included within the JPA, Nesta asked if the city should put the South Apopka annexation on the ballot as a referendum.  

Howell said the South Apopka annexation is a topic discussed during the JPA negotiation.  

“It’d be something we’d look at incorporating into the new agreement, depending on what the outcome of the referendum is,” he said.  

According to city finance director Blanche Sherman, the city released a solicitation for a study of the South Apoka annexation on Sept. 28. A survey for residents is also planned. The timeline is expected to meet the March 2026 election deadline, Sherman said.  

The Orange County Board of County Commissioners will take up discussion on the JPA at its Oct. 14 meeting, according to Howell.