Florida Statute 165.31 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XII
MUNICIPALITIES

Chapter 165
FORMATION OF LOCAL GOVERNMENTS

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F.S. 165.031

165.031 Definitions.—The following terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) “County” means a political subdivision of the state established pursuant to s. 1, Art. VIII of the State Constitution.

(2) “Formation” means any one of the following activities:

(a) “Incorporation”—The establishment of a municipality.

(b) “Dissolution”—The dissolving of the corporate status of a municipality.

(c) “Merger”—The merging of two or more municipalities with each other and with any unincorporated areas authorized pursuant to this act to form a new municipality; the merging of one or more municipalities or special districts, in any combination thereof, with each other; or the merging of one or more counties with one or more special districts.

(3) “Municipality” means a municipality created pursuant to general or special law authorized or recognized pursuant to s. 2 or s. 6, Art. VIII of the State Constitution.

(4) “Newspaper of general circulation” means a newspaper printed in the language most commonly spoken in the area within which it circulates, which is readily available for purchase by all inhabitants in its area of circulation, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper the primary function of which is to carry legal notices, or a newspaper that is given away primarily to distribute advertising.

(5) “Parties affected” means any person owning property or residing in a municipality proposing a formation or in the territory that is proposed for a formation or any governmental unit with jurisdiction over such area.

(6) “Qualified voter” means any person registered to vote in accordance with law.

(7) “Special district” means a local unit of special government, as defined in s. 189.012. This term includes dependent special districts, as defined in s. 189.012, and independent special districts, as defined in s. 189.012. All provisions of s. 200.001(8)(d) and (e) shall be considered provisions of this chapter.

History.—s. 1, ch. 74-192; s. 11, ch. 81-167; s. 71, ch. 81-259; s. 24, ch. 82-154; s. 11, ch. 83-55; s. 37, ch. 89-169; s. 481, ch. 2011-142; s. 1, ch. 2012-121; s. 65, ch. 2014-22.

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Amendments to 165.031

Annotations, Discussions, Cases:

Cases Citing Statute 165.031

Total Results: 8

Henry L. And Frances O. Hills v. Commissioner of Internal Revenue

691 F.2d 997, 50 A.F.T.R.2d (RIA) 6070, 1982 U.S. App. LEXIS 24098

Court of Appeals for the Eleventh Circuit | Filed: Nov 15, 1982 | Docket: 223791

Cited 16 times | Published

present in the statutory scheme of § 165 31 See Case Comment, supra note

Campus Communications v. Dept. of Rev.

473 So. 2d 1290

Supreme Court of Florida | Filed: Jul 11, 1985 | Docket: 2486895

Cited 9 times | Published

for sale to the public generally...."; and section 165.031(9) For the purposes of chapter 165, relating

Kane v. Robbins

556 So. 2d 1381, 14 Fla. L. Weekly 368

Supreme Court of Florida | Filed: Jul 20, 1989 | Docket: 1528393

Cited 3 times | Published

distinguished school boards and special districts. Section 165.031(5), Florida Statutes (1987), provides: (5)

Ago

Florida Attorney General Reports | Filed: Mar 3, 2003 | Docket: 3256156

Published

of the state, except a school district"). Section 165.031(5), Fla. Stat., defines "Special district"

Ago

Florida Attorney General Reports | Filed: Sep 3, 2002 | Docket: 3255905

Published

authority, special district as defined in section 165.031(5), Florida Statutes, or other public body

Kane v. Robbins

524 So. 2d 1048, 13 Fla. L. Weekly 860, 1988 Fla. App. LEXIS 1382, 1988 WL 28281

District Court of Appeal of Florida | Filed: Apr 6, 1988 | Docket: 64634712

Published

distinguish a school board from a special district. Section 165.031(5), Florida Statutes (1985), which provides

Ago

Florida Attorney General Reports | Filed: Oct 29, 1982 | Docket: 3257781

Published

Art. VIII, State Const. See, s 165.022, F.S. Section 165.031(5) F.S., defines, for the purposes of Ch. 165

Ago

Florida Attorney General Reports | Filed: Apr 18, 1975 | Docket: 3258045

Published

Governments Act," Ch. 74-192, Laws of Florida. Section 165.031(5), F.S., was created to provide: (5) "Special