Florida Statute 166.31 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

Cases Citing Statute 166.031

Total Results: 53

CITIZENS FOR POLICE ACCOUNTABILITY v. Browning

572 F.3d 1213

Court of Appeals for the Eleventh Circuit | Filed: Jun 25, 2009 | Docket: 399431

Cited 36 times | Published

preceding municipal general election." Fla. Stat. § 166.031(1). Plaintiffs claim that the best way to obtain

Capella v. City of Gainesville

377 So. 2d 658, 1979 Fla. LEXIS 4857

Supreme Court of Florida | Filed: Nov 15, 1979 | Docket: 1521653

Cited 28 times | Published

implemented the provisions of chapter 77-557. See section 166.031(1), Florida Statutes (1977). Having concluded

Gaines v. City of Orlando

450 So. 2d 1174, 1984 Fla. App. LEXIS 12910

District Court of Appeal of Florida | Filed: May 3, 1984 | Docket: 1433620

Cited 11 times | Published

petition to amend the City Charter, pursuant to section 166.031, Florida Statutes (1983).[1] If approved by

Holzendorf v. Bell

606 So. 2d 645, 1992 WL 221495

District Court of Appeal of Florida | Filed: Sep 11, 1992 | Docket: 129868

Cited 7 times | Published

referendum of the electors as provided in section 166.031, Florida Statutes. Appellants argue that although

Citizens for Police Accountability Political Committee v. Browning

572 F.3d 1213, 2009 U.S. App. LEXIS 13785, 2009 WL 1797631

Court of Appeals for the Eleventh Circuit | Filed: Jun 25, 2009 | Docket: 65658937

Cited 4 times | Published

preceding municipal general election.” Fla. Stat. § 166.031(1). Plaintiffs claim that the best way to obtain

Citizens for Resp. Growth v. St. Pete Beach

940 So. 2d 1144, 2006 WL 2381941

District Court of Appeal of Florida | Filed: Aug 18, 2006 | Docket: 1524210

Cited 4 times | Published

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

Shulmister v. City of Pompano Beach

798 So. 2d 799, 2001 WL 1266347

District Court of Appeal of Florida | Filed: Oct 24, 2001 | Docket: 1238555

Cited 3 times | Published

voters on the ballot. We hold that because section 166.031(1), Florida Statutes (2000), requires the governing

City of Riviera Beach v. Riviera Beach Citizens Task Force

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

District Court of Appeal of Florida | Filed: Apr 4, 2012 | Docket: 60307955

Cited 2 times | Published

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

City of Cocoa Beach v. Vacation Beach, Inc.

852 So. 2d 358, 2003 Fla. App. LEXIS 12205, 2003 WL 21946462

District Court of Appeal of Florida | Filed: Aug 15, 2003 | Docket: 1711023

Cited 1 times | Published

We reverse. In August of 2001, pursuant to section 166.031, Florida Statutes (2001), citizens of City

Mullen v. Bal Harbour Village

241 So. 3d 949

District Court of Appeal of Florida | Filed: Mar 21, 2018 | Docket: 6340881

Published

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