Florida Statute 165.041 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XII
MUNICIPALITIES

Chapter 165
FORMATION OF LOCAL GOVERNMENTS

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165.041 Incorporation; merger.—

(1)(a) A charter for incorporation of a municipality, except in case of a merger which is adopted as otherwise provided in subsections (2) and (3), shall be adopted only by a special act of the Legislature upon determination that the standards herein provided have been met.

(b) To inform the Legislature on the feasibility of a proposed incorporation of a municipality, a feasibility study shall be completed and submitted to the Legislature no later than the first Monday after September 1 of the year before the regular session of the Legislature during which the municipal charter would be enacted. The feasibility study shall contain the following:

1. The location of territory subject to boundary change and a map of the area which identifies the proposed change.

2. The major reasons for proposing the boundary change.

3. The following characteristics of the area:

a. A list of the current land use designations applied to the subject area in the county comprehensive plan.

b. A list of the current county zoning designations applied to the subject area.

c. A general statement of present land use characteristics of the area.

d. A description of development being proposed for the territory, if any, and a statement of when actual development is expected to begin, if known.

4. A list of all public agencies, such as local governments, school districts, and special districts, whose current boundary falls within the boundary of the territory proposed for the change or reorganization.

5. A list of current services being provided within the proposed incorporation area, including, but not limited to, water, sewer, solid waste, transportation, public works, law enforcement, fire and rescue, zoning, street lighting, parks and recreation, and library and cultural facilities, and the estimated costs for each current service.

6. A list of proposed services to be provided within the proposed incorporation area, and the estimated cost of such proposed services.

7. The names and addresses of three officers or persons submitting the proposal.

8. Evidence of fiscal capacity and an organizational plan as it relates to the area seeking incorporation that, at a minimum, includes:

a. Existing tax bases, including ad valorem taxable value, utility taxes, sales and use taxes, franchise taxes, license and permit fees, charges for services, fines and forfeitures, and other revenue sources, as appropriate.

b. A 5-year operational plan that, at a minimum, includes proposed staffing, building acquisition and construction, debt issuance, and budgets.

9. Data and analysis to support the conclusions that incorporation is necessary and financially feasible, including population projections and population density calculations, and an explanation concerning methodologies used for such analysis.

10. Evaluation of the alternatives available to the area to address its policy concerns.

11. Evidence that the proposed municipality meets the requirements for incorporation pursuant to s. 165.061.

(c) In counties that have adopted a municipal overlay for municipal incorporation pursuant to s. 163.3217, such information shall be submitted to the Legislature in conjunction with any proposed municipal incorporation in the county. This information should be used to evaluate the feasibility of a proposed municipal incorporation in the geographic area.

(2)(a) A charter for merger of two or more municipalities and associated unincorporated areas may also be adopted by passage of a concurrent ordinance by the governing bodies of each municipality affected, approved by a vote of the qualified voters in each area affected.

(b) The ordinance shall provide for:

1. The charter and its effective date.

2. The financial or other adjustments required.

3. A referendum for separate majorities by each unit or area to be affected.

4. The date of election, which should be the next regularly scheduled election or a special election held prior to such election, if approved by a majority of the members of the governing body of each governmental unit affected, but no sooner than 30 days after passage of the ordinance.

(c) Notice of the election shall be published at least once each week for 2 consecutive weeks immediately prior to the election, in a newspaper of general circulation in the area to be affected. Such notice shall give the time and places for the election and a general description of the area to be included in the municipality, which shall be in the form of a map to show clearly the area to be covered by the municipality.

(3)(a) Initiation of procedures for municipal incorporation by merger as described in subsection (2) may be done either by adoption of a resolution by the governing body of an area to be affected or by a petition of 10 percent of the qualified voters in the area.

(b) If a petition has been filed with the clerks of the governing bodies concerned, the governing bodies shall immediately undertake a study of the feasibility of the formation proposal and shall, within 6 months, either adopt an ordinance under subsection (2) or reject the petition, specifically stating the facts upon which the rejection is based.

(c) The purpose of this subsection is to provide broad citizen involvement in both initiating and developing their local government; therefore, establishment of appropriate citizen advisory committees, as well as other mechanisms for citizen involvement, by the governing bodies of the units affected is specifically authorized and encouraged.

History.—s. 1, ch. 74-192; s. 25, ch. 82-154; s. 1, ch. 87-223; s. 38, ch. 89-169; s. 12, ch. 90-279; s. 8, ch. 96-416; s. 3, ch. 97-255; s. 11, ch. 99-378; s. 2, ch. 2012-121.

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Amendments to 165.041

Annotations, Discussions, Cases:

Cases Citing Statute 165.041

Total Results: 13 | Sort by: Relevance | Newest First

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Fla. Dept. of Rev. v. City of Gainesville, 918 So. 2d 250 (Fla. 2005).

Cited 58 times | Published | Supreme Court of Florida | 2005 WL 3310297

...[7] The Legislature has long had the authority to grant cities the status of municipal corporations. See Coen v. Lee, 116 Fla. 215, 156 So. 747, 749 (1933) ("The creation of municipal corporations with governmental powers and the establishment and regulation of municipalities are inherent legislative powers ...."); § 165.041(1)(a), Fla....

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Ago (Fla. Att'y Gen. 1983).

Published | Florida Attorney General Reports

governing body of each of the affected districts. Section 165.041(4), F.S. (1982 Supp.). Cf., s165.041(3) setting

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Miami-Dade Cnty. v. Palmetto Bay, 744 So. 2d 1076 (Fla. Dist. Ct. App. 1999).

Published | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 12736, 1999 WL 765948

create an obligation to hold an election. See § 165.041, Fla. Stat. (1997); Code of Metropolitan Dade

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Ago (Fla. Att'y Gen. 1978).

Published | Florida Attorney General Reports

...S., relating to the creation of new community districts for the special purposes prescribed therein and the levying of ad valorem taxes by such districts subject to referendum by the electors of such districts where required by the State Constitution. Section 165.041 (2), F....

...S., provides for the creation of a special district by ordinance of a municipal governing body, if such action is the best alternative available for delivering the specialized service and the district is amenable to separate district government ( see s. 165.061 (3), F. S.). However, s. 165.041 (2), F....

...s . . . .' (Emphasis supplied.) Attorney General Opinion 078-92. Further, while s. 166.211 (1), F. S., authorizes municipalities to levy ad valorem taxes, it does not purport to empower any special district created by municipal ordinance pursuant to s. 165.041 (2) to levy such taxes within the district....

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Ago (Fla. Att'y Gen. 1984).

Published | Florida Attorney General Reports

levy a "tax" on the benefited properties. Section 165.041, F.S., does authorize a municipality to create

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Ago (Fla. Att'y Gen. 1983).

Published | Florida Attorney General Reports

...Such law may be amended or repealed by like vote.' Chapter 82-154, Laws of Florida, was passed by the requisite three-fifths vote in each house. See , Journal of the House of Representatives, April 7, 1982, p. 40; Journal of the Senate, April 7, 1982, p. 40. Section 165.041 , F.S., as amended by s 25, Ch....

...And see, Commentary 26A F.S.A. s 12, Art. X, stating that as to subsection (g) of s 12, Art. X, ss 10 and 11 of Art. III are affected. Thus the prohibition against special laws contained in s 11(a)(21), Art. III, State Const., on the subjects provided for in ss 165.022 (2) and 165.041 (2), F.S., as amended, would appear to be equally applicable to special laws and to local laws or bills....

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Ago (Fla. Att'y Gen. 1984).

Published | Florida Attorney General Reports

...See also, AGO 75-108 wherein this office stated that to the extent that the methods of creating a water management district under Ch. 298 , F.S., or any other general or special law existing on July 1, 1974, conflict with the provisions of ss 165.022 and 165.041 (2), F.S., s 165.022 operates to supersede any such conflicting provisions of general or special law and mandates that the provisions of s 165.041 (2) control the establishment of such districts; thus where a county charter does not provide an "exclusive method as specifically authorized by s....

...III, State Const., the Legislature prohibits special laws or general laws of local application pertaining to the creation of dependent and independent special districts under conditions or subject to provisions which conflict with the provisions of Ch. 165. Section 165.041 (2), F.S., states: A charter for creation of a dependent special district shall be adopted only by special act of the Legislature or by ordinance of a county or municipal governing body having jurisdiction over the area affected....

...d by the Constitution and laws of Florida did not constitute an exclusive method for which an exception was made in s 165.022 from the provisions of Ch. 165. While Ch. 165 , F.S., provides for the establishment of special districts, it does not in s 165.041 (2) require that the creation of such districts be approved by referendum. (It should be noted, however, that the creation of an independent special district which pursuant to s 165.041 (2) must be authorized by general law will be governed by the terms and conditions of such law.) Moreover, while Ch....

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Ago (Fla. Att'y Gen. 1978).

Published | Florida Attorney General Reports

of the affected electors of such districts. Section 165.041(2), supra, does not by its terms confer any

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Ago (Fla. Att'y Gen. 1991).

Published | Florida Attorney General Reports

for the incorporation of such. For instance, section 165.041(1), Florida Statutes (1990 Supplement), provides

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Ago (Fla. Att'y Gen. 1998).

Published | Florida Attorney General Reports

additional ninety-nine years. Question One Section 165.041(1)(a), Florida Statutes, provides that a charter

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Ago (Fla. Att'y Gen. 1985).

Published | Florida Attorney General Reports

...special districts in this state . . ." (e.s.) and further provides that the standards and procedures therein for forming special districts are "in lieu of any procedure . . . now provided by general or special law." (e.s.) See also, AGO's 84-23, 75-108. Section 165.041 provides for creation of a dependent special district by ordinance of a municipal governing body having jurisdiction over the area affected....

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Ago (Fla. Att'y Gen. 1994).

Published | Florida Attorney General Reports

Section 165.021, Florida Statutes (1993). [8] Section 165.041(1), Florida Statutes (1993). [9] Section 165

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Ago (Fla. Att'y Gen. 1975).

Published | Florida Attorney General Reports

created pursuant to general law, Ch.388, F.S. Section 165.041(2), F.S., was created to provide: (2) A charter

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