Florida Statute 166.031 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XII
MUNICIPALITIES

Chapter 166
MUNICIPALITIES

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F.S. 166.031

166.031 Charter amendments.—

(1) The governing body of a municipality may, by ordinance, or the electors of a municipality may, by petition signed by 10 percent of the registered electors as of the last preceding municipal general election, submit to the electors of said municipality a proposed amendment to its charter, which amendment may be to any part or to all of said charter except that part describing the boundaries of such municipality. The governing body of the municipality shall place the proposed amendment contained in the ordinance or petition to a vote of the electors at the next general election held within the municipality or at a special election called for such purpose.

(2) Upon adoption of an amendment to the charter of a municipality by a majority of the electors voting in a referendum upon such amendment, the governing body of said municipality shall have the amendment incorporated into the charter and shall file the revised charter with the Department of State. All such amendments are effective on the date specified therein or as otherwise provided in the charter.

(3) A municipality may amend its charter pursuant to this section notwithstanding any charter provisions to the contrary. This section shall be supplemental to the provisions of all other laws relating to the amendment of municipal charters and is not intended to diminish any substantive or procedural power vested in any municipality by present law. A municipality may, by ordinance and without referendum, redefine its boundaries to include only those lands previously annexed and shall file said redefinition with the Department of State pursuant to the provisions of subsection (2).

(4) There shall be no restrictions by the municipality on any employee’s or employee group’s political activity, while not working, in any referendum changing employee rights.

(5) A municipality may, by unanimous vote of the governing body, abolish municipal departments provided for in the municipal charter and amend provisions or language out of the charter which has been judicially construed, either by judgment or by binding legal precedent from a decision of a court of last resort, to be contrary to either the State Constitution or Federal Constitution.

(6) Each municipality shall, by ordinance or charter provision, provide procedures for filling a vacancy in office caused by death, resignation, or removal from office. Such ordinance or charter provision shall also provide procedures for filling a vacancy in candidacy caused by death, withdrawal, or removal from the ballot of a qualified candidate following the end of the qualifying period which leaves fewer than two candidates for an office.

History.—s. 1, ch. 73-129; s. 1, ch. 86-95; s. 1, ch. 90-106; s. 43, ch. 90-315; s. 45, ch. 94-136.

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Amendments to 166.031

Arrestable Offenses / Crimes under Fla. Stat. 166.031

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 166.031.

Annotations, Discussions, Cases:

Cases Citing Statute 166.031

Total Results: 20

Mullen v. Bal Harbour Village

Court: District Court of Appeal of Florida | Date Filed: 2018-03-21

Citation: 241 So. 3d 949

Snippet: amendments to the Village Charter, pursuant to section 166.031 of the Florida Statutes,2 Plaintiffs gathered

Subirats v. Fidelity National Property

Court: District Court of Appeal of Florida | Date Filed: 2013-02-20

Citation: 106 So. 3d 997, 2013 WL 616602, 2013 Fla. App. LEXIS 2620

Snippet: (2009), and Florida Administrative Code Rule 69J-166.031. In 1993, the Florida Legislature added section

City of Riviera Beach v. Riviera Beach Citizens Task Force

Court: District Court of Appeal of Florida | Date Filed: 2012-04-04

Citation: 87 So. 3d 18, 2012 WL 1108509, 2012 Fla. App. LEXIS 5166

Snippet: Force’s petition was in accordance with section 166.031(1). The City Clerk presented the initiative to

State Farm Florida Insurance v. Unlimited Restoration Specialists, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2012-03-23

Citation: 84 So. 3d 390, 2012 WL 966642, 2012 Fla. App. LEXIS 4589

Snippet: support of its position principally upon Rule 69B-166.031(10)(c), Florida Administrative Code.1 That rule

Gassman v. State Farm Florida Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 2011-11-02

Citation: 77 So. 3d 210, 2011 Fla. App. LEXIS 17370, 2011 WL 5170298

Snippet: participate in this program. Fla. Admin. Code R. 69J-166.031(4)(a)l. The Third District concluded: The plain

UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY v. Colosimo

Court: District Court of Appeal of Florida | Date Filed: 2011-05-25

Citation: 61 So. 3d 1241, 2011 Fla. App. LEXIS 7575

Snippet: requirements are further clarified in rule 69J-166.031 of the Florida Administrative Code, which "implements

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Court: Florida Attorney General Reports | Date Filed: 2010-12-29

Snippet: without referendum approval as provided in section 166.031, Florida Statutes.5 While municipal charter provisions

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Court: Florida Attorney General Reports | Date Filed: 2010-06-07

Snippet: itself by charter amendment pursuant to section 166.031, Florida Statutes? In sum: Section 165.051, Florida

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Court: Florida Attorney General Reports | Date Filed: 2010-01-04

Snippet: exercise of municipal powers, noting that section 166.031(1), Florida Statutes, authorizes the amendment

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Court: Florida Attorney General Reports | Date Filed: 2009-10-13

Snippet: municipalities broad home rule powers. Section 166.031, Florida Statutes, implementing the constitutional

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Court: Florida Attorney General Reports | Date Filed: 2009-09-15

Snippet: by referendum of the electors as provided in s. 166.031. Any other limitation of power upon any municipality

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Court: Florida Attorney General Reports | Date Filed: 2009-04-01

Snippet: pursuant to general or special law." (e.s.) Section 166.031(1), Florida Statutes, in pertinent part, provides:

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Court: Florida Attorney General Reports | Date Filed: 2008-07-23

Snippet: vote of the city commission pursuant to section 166.031(5), Florida Statutes? The Charter of the City of

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Court: Florida Attorney General Reports | Date Filed: 2007-09-24

Snippet: by referendum of the electors as provided in s. 166.031. Any other limitation of power upon any municipality

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Court: Florida Attorney General Reports | Date Filed: 2007-07-24

Snippet: without referendum approval as provided in section 166.031, Florida Statutes. 4 See House of Representatives

Citizens for Resp. Growth v. St. Pete Beach

Court: District Court of Appeal of Florida | Date Filed: 2006-08-18

Citation: 940 So. 2d 1144

Snippet: referendum as provided in Florida statute Section 166.031 or by the City Charter or as otherwise provided

Snippet: the 10% statutory threshold set forth in section 166.031 of the Florida Statutes),[1] the burden shifted

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