Florida Statutes
Fla. Stat. § 125.0103 (2025)
Ordinances and rules imposing price controls.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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1125.0103 Ordinances and rules imposing price controls.—
(1)(a) Except as hereinafter provided, a county, municipality, or other entity of local government may not adopt or maintain in effect an ordinance or a rule that has the effect of imposing price controls upon a lawful business activity that is not franchised by, owned by, or under contract with, the governmental agency, unless specifically provided by general law.
(b) This section does not prevent the enactment by local governments of public service rates otherwise authorized by law, including water, sewer, solid waste, public transportation, taxicab, or port rates; rates for towing of vehicles or vessels from or immobilization of vehicles or vessels on private property; or rates for removal and storage of wrecked or disabled vehicles or vessels from an accident scene or the removal and storage of vehicles or vessels, in the event the owner or operator is incapacitated, unavailable, leaves the procurement of wrecker service to the law enforcement officer at the scene, or otherwise does not consent to the removal of the vehicle or vessel.
(c) Counties must establish maximum rates which may be charged on the towing of vehicles or vessels from or immobilization of vehicles or vessels on private property or which may be charged for removal and storage of wrecked or disabled vehicles or vessels from an accident scene or for the removal and storage of vehicles or vessels, in the event the owner or operator is incapacitated, unavailable, leaves the procurement of wrecker service to the law enforcement officer at the scene, or otherwise does not consent to the removal of the vehicle or vessel. However, if a municipality chooses to enact an ordinance establishing the maximum rates for the towing or immobilization of vehicles or vessels as described in paragraph (b), the county’s ordinance does not apply within such municipality.
(d) A county or municipality that has established maximum rates as described in paragraph (c) must publish such rates on its website and must establish a process for investigating and resolving complaints regarding fees charged in excess of such rates. In areas where no maximum rates as described in paragraph (c) have been established, the maximum rates established by the Division of Florida Highway Patrol under s. 321.051(2) apply.
(2) A municipality, county, or other entity of local government may not adopt or maintain in effect any law, ordinance, rule, or other measure that would have the effect of imposing controls on rents.
(3) Notwithstanding any other provisions of this section, municipalities, counties, or other entities of local government may adopt and maintain in effect any law, ordinance, rule, or other measure which is adopted for the purposes of increasing the supply of affordable housing using land use mechanisms such as inclusionary housing ordinances.
History.—ss. 1, 2, 3, 4, 5, 6, ch. 77-50; s. 71, ch. 79-400; s. 1, ch. 88-240; s. 2, ch. 90-283; s. 52, ch. 97-300; s. 4, ch. 98-324; s. 8, ch. 99-360; s. 33, ch. 2001-201; s. 1, ch. 2020-174; s. 2, ch. 2023-17; s. 1, ch. 2024-27.
1Note.—Section 43, ch. 2023-17, provides:
“(1) The Department of Revenue is authorized, and all conditions are deemed met, to adopt emergency rules under s. 120.54(4), Florida Statutes, for the purpose of implementing provisions related to the Live Local Program created by this act. Notwithstanding any other law, emergency rules adopted under this section are effective for 6 months after adoption and may be renewed during the pendency of procedures to adopt permanent rules addressing the subject of the emergency rules.
“(2) This section expires July 1, 2026.”
Notes of Decisions
Cited in 5
cases (2 in the last 5 years), 1978–2025 · leading case: Jasinski v. City of Miami, 269 F. Supp. 2d 1341 (S.D. Fla. 2003).
Jasinski v. City of Miami, 269 F. Supp. 2d 1341 (S.D. Fla. 2003). “12285 to support the imposition of an administrative charge pri- or to October 2002. Thus, the sole question for this Court on Counts III and IV is whether Ordinance No.”
Florida Realtors & Florida Apt. Ass'n, Inc. Vs Orange Cnty., Florida & Bill Cowles, in His Off. Capacity as Orange Cnty. Supervisor of Elections (Fla. 5th DCA 2022). “The County Attorney advised that Florida law imposed strict limits on the County’s ability to enact such a measure, and that it was “unlikely that 6 findings of an increase in the cost of living or inflation alone will be sufficient to meet the requirements of [section 125.0103,…”
City of Miami Beach v. Frankel, 363 So. 2d 555 (Fla. 1978). “NOTES [1] The Act is now codified as § 125.0103, and by duplicate assignment and publication, § 166.”
Florida Ass'n of Realtors, D/B/A Florida Realtors, & v. Orange Cnty., Florida & Bill Cowles, in His Off. Capacity as Orange (Fla. 6th DCA 2025). “See § 125.0103, Fla. Stat. (2023). Accordingly, Orange County filed a suggestion of mootness, signifying that section 125.”
Homeowner's Corp. v. Saba, 626 So. 2d 274 (Fla. 2d DCA 1993). “§ 125.0103(5), Fla.Stat. (1991) (prohibiting local governments from enacting rent control laws except under certain conditions, including declared housing emergencies).”
— 125.0103(1)(a) — 1 case
Florida Ass'n of Realtors, D/B/A Florida Realtors, & v. Orange Cnty., Florida & Bill Cowles, in His Off. Capacity as Orange (Fla. 6th DCA 2025). “See § 125.0103, Fla. Stat. (2023). Accordingly, Orange County filed a suggestion of mootness, signifying that section 125.”
— 125.0103(2) — 2 cases
Florida Realtors & Florida Apt. Ass'n, Inc. Vs Orange Cnty., Florida & Bill Cowles, in His Off. Capacity as Orange Cnty. Supervisor of Elections (Fla. 5th DCA 2022). “The County Attorney advised that Florida law imposed strict limits on the County’s ability to enact such a measure, and that it was “unlikely that 6 findings of an increase in the cost of living or inflation alone will be sufficient to meet the requirements of [section 125.0103,…”
Florida Ass'n of Realtors, D/B/A Florida Realtors, & v. Orange Cnty., Florida & Bill Cowles, in His Off. Capacity as Orange (Fla. 6th DCA 2025). “See § 125.0103, Fla. Stat. (2023). Accordingly, Orange County filed a suggestion of mootness, signifying that section 125.”
— 125.0103(3) — 1 case
Florida Realtors & Florida Apt. Ass'n, Inc. Vs Orange Cnty., Florida & Bill Cowles, in His Off. Capacity as Orange Cnty. Supervisor of Elections (Fla. 5th DCA 2022). “The County Attorney advised that Florida law imposed strict limits on the County’s ability to enact such a measure, and that it was “unlikely that 6 findings of an increase in the cost of living or inflation alone will be sufficient to meet the requirements of [section 125.0103,…”
— 125.0103(4) — 1 case
Florida Realtors & Florida Apt. Ass'n, Inc. Vs Orange Cnty., Florida & Bill Cowles, in His Off. Capacity as Orange Cnty. Supervisor of Elections (Fla. 5th DCA 2022). “The County Attorney advised that Florida law imposed strict limits on the County’s ability to enact such a measure, and that it was “unlikely that 6 findings of an increase in the cost of living or inflation alone will be sufficient to meet the requirements of [section 125.0103,…”
— 125.0103(5) — 2 cases
Homeowner's Corp. v. Saba, 626 So. 2d 274 (Fla. 2d DCA 1993). “§ 125.0103(5), Fla.Stat. (1991) (prohibiting local governments from enacting rent control laws except under certain conditions, including declared housing emergencies).”
Florida Realtors & Florida Apt. Ass'n, Inc. Vs Orange Cnty., Florida & Bill Cowles, in His Off. Capacity as Orange Cnty. Supervisor of Elections (Fla. 5th DCA 2022). “The County Attorney advised that Florida law imposed strict limits on the County’s ability to enact such a measure, and that it was “unlikely that 6 findings of an increase in the cost of living or inflation alone will be sufficient to meet the requirements of [section 125.0103,…”
— 125.0103(5)(a) — 1 case
Florida Realtors & Florida Apt. Ass'n, Inc. Vs Orange Cnty., Florida & Bill Cowles, in His Off. Capacity as Orange Cnty. Supervisor of Elections (Fla. 5th DCA 2022). “The County Attorney advised that Florida law imposed strict limits on the County’s ability to enact such a measure, and that it was “unlikely that 6 findings of an increase in the cost of living or inflation alone will be sufficient to meet the requirements of [section 125.0103,…”
— 125.0103(5)(b) — 1 case
Florida Realtors & Florida Apt. Ass'n, Inc. Vs Orange Cnty., Florida & Bill Cowles, in His Off. Capacity as Orange Cnty. Supervisor of Elections (Fla. 5th DCA 2022). “The County Attorney advised that Florida law imposed strict limits on the County’s ability to enact such a measure, and that it was “unlikely that 6 findings of an increase in the cost of living or inflation alone will be sufficient to meet the requirements of [section 125.0103,…”
— 125.0103(5)(c) — 1 case
Florida Realtors & Florida Apt. Ass'n, Inc. Vs Orange Cnty., Florida & Bill Cowles, in His Off. Capacity as Orange Cnty. Supervisor of Elections (Fla. 5th DCA 2022). “The County Attorney advised that Florida law imposed strict limits on the County’s ability to enact such a measure, and that it was “unlikely that 6 findings of an increase in the cost of living or inflation alone will be sufficient to meet the requirements of [section 125.0103,…”
— 125.0103(6) — 1 case
Florida Realtors & Florida Apt. Ass'n, Inc. Vs Orange Cnty., Florida & Bill Cowles, in His Off. Capacity as Orange Cnty. Supervisor of Elections (Fla. 5th DCA 2022). “The County Attorney advised that Florida law imposed strict limits on the County’s ability to enact such a measure, and that it was “unlikely that 6 findings of an increase in the cost of living or inflation alone will be sufficient to meet the requirements of [section 125.0103,…”
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