Florida Statutes
Fla. Stat. § 166.031 (2025)
Charter amendments.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 17
cases, 1976–2018 · leading case: Gaines v. City of Orlando, 450 So. 2d 1174 (Fla. 5th DCA 1984).
Gaines v. City of Orlando, 450 So. 2d 1174 (Fla. 5th DCA 1984). “Six taxpayers and qualified electors of the City of Orlando (City) appeal from the circuit court's final order dismissing their petition for writ of mandamus to compel the City to take action on their petition to amend the City Charter, pursuant to section 166.031, Florida…”
City of Riviera Beach v. Riviera Beach Citizens Task Force, 87 So. 3d 18 (Fla. 4th DCA 2012). “Nevertheless, with the approval of the council the City Clerk sent a letter to the Supervisor of Elections which acknowledged that the City Council disagreed with the language in the petition but stated that a majority have agreed to comply with section 166.031 and have the…”
Shulmister v. City of Pompano Beach, 798 So. 2d 799 (Fla. 4th DCA 2001). “See § 166.031(1), Fla. Stat. Pursuant to section 101.”
Holzendorf v. Bell, 606 So. 2d 645 (Fla. 1st DCA 1992). “The act provided that amendments as to such matters could not become effective without approval by referendum of the electors as provided in section 166.031, Florida Statutes. Appellants argue that although the trial court recognized the right of the people to speak in a…”
Capella v. City of Gainesville, 377 So. 2d 658 (Fla. 1979). “See section 166.031(1), Florida Statutes (1977).”
Citizens for Resp. Growth v. St. Pete Beach, 940 So. 2d 1144 (Fla. 2d DCA 2006). “A comprehensive plan ("Plan") or comprehensive plan amendment ("Plan Amendment") (both as defined in Florida Statutes Chapter 163) shall not be adopted by the City Commission until such proposed Plan or Plan Amendment is approved by the electors in a referendum as provided in…”
Resedean v. Civil Serv. Bd. of Pensacola, 332 So. 2d 150 (Fla. 1st DCA 1976). “” F.S. 166.031 describes the manner in which amendments to municipal charters may be enacted.”
Citizens for Police Acct. Political Comm. v. Browning, 572 F.3d 1213 (11th Cir. 2009). “” Fla. Stat. § 166.031 (1). Plaintiffs claim that the best way to obtain signatures is to approach voters exiting polling places.”
Mullen v. Bal Harbour Vill., 241 So. 3d 949 (Fla. 3d DCA 2018). “Plaintiffs submit petitions to the Village As part of Plaintiffs’ effort to secure passage of two amendments to the Village Charter, pursuant to section 166.031 of the Florida Statutes,2 Plaintiffs gathered and submitted to the Village Clerk signatures in support of two…”
City of Cocoa Beach v. Vacation Beach, Inc., 852 So. 2d 358 (Fla. 5th DCA 2003). “In August of 2001, pursuant to section 166.031, Florida Statutes (2001), citizens of City initiated petitions to amend its charter in two respects.”
Citizens for Police Acct. Political Comm. v. Browning, 581 F. Supp. 2d 1164 (M.D. Fla. 2008). “” Fla. Stat. § 166.031 (1) (2007). Plaintiffs assert that after nearly a year of circulating the Petition at polling places, recreational areas, and churches, as.”
Evans v. Bell, 651 So. 2d 162 (Fla. 1st DCA 1995). “01, and states that the “consolidated government” may amend or repeal any provision of the charter by ordinance, provided that changes in the terms of the elected officers, matters relating to appointive boards or change in the form of government “cannot become effective without…”
— 166.031(1) — 8 cases
Shulmister v. City of Pompano Beach, 798 So. 2d 799 (Fla. 4th DCA 2001). “See § 166.031(1), Fla. Stat. Pursuant to section 101.”
Capella v. City of Gainesville, 377 So. 2d 658 (Fla. 1979). “See section 166.031(1), Florida Statutes (1977).”
City of Riviera Beach v. Riviera Beach Citizens Task Force, 87 So. 3d 18 (Fla. 4th DCA 2012). “Nevertheless, with the approval of the council the City Clerk sent a letter to the Supervisor of Elections which acknowledged that the City Council disagreed with the language in the petition but stated that a majority have agreed to comply with section 166.031 and have the…”
Gaines v. City of Orlando, 450 So. 2d 1174 (Fla. 5th DCA 1984). “Six taxpayers and qualified electors of the City of Orlando (City) appeal from the circuit court's final order dismissing their petition for writ of mandamus to compel the City to take action on their petition to amend the City Charter, pursuant to section 166.031, Florida…”
Mullen v. Bal Harbour Vill., 241 So. 3d 949 (Fla. 3d DCA 2018). “Plaintiffs submit petitions to the Village As part of Plaintiffs’ effort to secure passage of two amendments to the Village Charter, pursuant to section 166.031 of the Florida Statutes,2 Plaintiffs gathered and submitted to the Village Clerk signatures in support of two…”
— 166.031(2) — 1 case
City of Cocoa Beach v. Vacation Beach, Inc., 852 So. 2d 358 (Fla. 5th DCA 2003). “In August of 2001, pursuant to section 166.031, Florida Statutes (2001), citizens of City initiated petitions to amend its charter in two respects.”
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