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: Fla. Dist. Ct. App. | Date Filed: 2018-03-21T00:53:00-07:00

Snippet: amendments to the Village Charter, pursuant to section 166.031 of the Florida Statutes,2 Plaintiffs gathered …denial of the requested injunction. 2 Section 166.031(1) provides, in relevant part, as follows: … election called for such purpose. § 166.031(1), Fla. Stat. (2017). …Village Charter – not contained in either section 166.031, the Village Charter or the Village Code – that…petitions to amend a municipal charter under section 166.031, a municipality has a ministerial duty to forward

Subirats v. Fidelity National Property

Court: Fla. Dist. Ct. App. | Date Filed: 2013-02-20T00:00:00-08:00

Citation: 106 So. 3d 997

Snippet: 2009), and Florida Administrative Code Rule 69J-166.031. In 1993, the Florida Legislature added section…participate in this program.” Fla. Admin. R. 69J-166.031(4)(a)(l). It is there the Department exceeded its…was at issue. Our glancing reference to Rule 69J-166.031 in a footnote in the opinion was clearly dicta.…cite no case holding that violation of Rule 69J-166.031(4)(a)(l) results in a waiver of an insurer’s right…section 624.15, Florida Statutes. See Rule 69J-166.031(4)(a)(4). It bears mentioning that the purpose

City of Riviera Beach v. Riviera Beach Citizens Task Force

Court: Fla. Dist. Ct. App. | Date Filed: 2012-04-04T00:00:00-07:00

Citation: 87 So. 3d 18

Snippet: municipality. § 166.031(1), Fla. Stat. (2010) (emphasis added). The trial court found that section 166.031 does …Force’s petition was in accordance with section 166.031(1). The City Clerk presented the initiative to … a majority have agreed to comply with section 166.031 and have the referendum placed on the ballot at…enabling resolution or ordinance.” However, section 166.031 describes the method by which the City and citizens…because none was necessary pursuant to section 166.031. The trial court explained: The City’s role in

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

Court: Fla. Dist. Ct. App. | Date Filed: 2012-03-23T00:00:00-07:00

Citation: 84 So. 3d 390

Snippet: 69B-166.031, Florida Administrative Code, no longer exists. In September 2008, Rule 69B-166.031 was transferred…present case, Rule 69J-166.031 was almost identical to Rule 690-166.031, and both rules included the language…2009, Rule 69J-166,031 was amended by the elimination of that language. Rule 690-166.031, however, was …support of its position principally upon Rule 69B-166.031(10)(c), Florida Administrative Code.1 That rule…easy task. The county court relied on Rule 69B-166.031(10)(c), Florida Administrative Code, while the

Gassman v. State Farm Florida Insurance Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2011-11-02T00:00:00-07:00

Citation: 77 So. 3d 210

Snippet: participate in this program. Fla. Admin. Code R. 69J-166.031(4)(a)l. The Third District concluded: The plain…of section 627.7015, as well as that of rule 69-166.031, clearly provide that if an insurer fails to supply

UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY v. Colosimo

Court: Fla. Dist. Ct. App. | Date Filed: 2011-05-25T00:00:00-07:00

Citation: 61 So. 3d 1241

Snippet: information required by rule 69J-166.031. See Fla. Admin. Code R. 69J-166.031. Furthermore, section 627.7015…-day requirement of rule 69J-166.031. See Fla. Admin. Code R. 69J-166.031(4)(a)(1). 3D11-180 …requirements are further clarified in rule 69J-166.031 of the Florida Administrative Code, which "…assign a mediator; . . . . Fla. Admin. Code R. 69J-166.031(1) & 4(a)1-3 (emphasis added). "As we …of section 627.7015, as well as that of rule 69-166.031, clearly provide that if an insurer fails to supply

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Court: Fla. Att'y Gen. | Date Filed: 2010-12-28T23:53:00-08:00

Snippet: without referendum approval as provided in section 166.031, Florida Statutes.5 While municipal charter provisions…may only be amended in accordance with section 166.031, Florida Statutes.6 From the information provided…referendum of the electors as provided in section 166.031, Florida Statutes. Accordingly, I am of the opinion…general municipal election in 2005." 5 See s. 166.031(1), Fla. Stat., which provides: "The governing…-30 (1988) (charter amendment provisions in s. 166.031, Fla. Stat., prevail over conflicting provisions

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Court: Fla. Att'y Gen. | Date Filed: 2010-06-07T00:53:00-07:00

Snippet: itself by charter amendment pursuant to section 166.031, Florida Statutes? In sum: Section 165.051, Florida…municipality's charter pursuant to section 166.031, Florida Statutes. You state that a group of citizens…the citizens are using the procedure in section 166.031(1), Florida Statutes, to petition the placement…by referendum of the electors as provided in s. 166.031."7 Thus, clearly a vote of the electorate …Bill McCollum Attorney General BM/tals 1 Section 166.031(1), Fla. Stat., provides: "The governing body

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Court: Fla. Att'y Gen. | Date Filed: 2010-01-03T23:53:00-08:00

Snippet: exercise of municipal powers, noting that section 166.031(1), Florida Statutes, authorizes the amendment …expenditure of capital outlays pursuant to section 166.031, Florida Statutes. Previous opinions of this office…authority to amend the charter pursuant to section 166.031, Florida Statutes, this office concluded that the

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Court: Fla. Att'y Gen. | Date Filed: 2009-10-13T00:53:00-07:00

Snippet: municipalities broad home rule powers. Section 166.031, Florida Statutes, implementing the constitutional…comply with the procedures set forth in section 166.031, Florida Statutes.1 The statute sets forth the …could not be amended except as provided in section 166.031. Likewise, in Attorney General Opinion 79-80, this…by referendum of the electors as provided in s. 166.031." (e.s.) Further, section 100.3605(2), Florida…-30 (1988) (charter amendment provisions in s. 166.031, Fla. Stat., prevail over conflicting provisions

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Court: Fla. Att'y Gen. | Date Filed: 2009-09-15T00:53:00-07:00

Snippet: provided in section 166.031, Florida Statutes.3 The legislative directive in section 166.031 as to how a municipal…is bound by the provisions in s. 166.031, Fla. Stat.).Cf. s. 166.031(3), Fla. Stat., authorizing the amendment…by referendum of the electors as provided in s. 166.031. Any other limitation of power upon any municipality…requires referendum approval as provided in section 166.031, Florida Statutes, for any change to a city'… section 166.021, Florida Statutes, or section 166.031, Florida Statutes. In the event that the City of

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Court: Fla. Att'y Gen. | Date Filed: 2009-04-01T00:53:00-07:00

Snippet: to general or special law." (e.s.) Section 166.031(1), Florida Statutes, in pertinent part, provides…such purpose." (e.s.) Furthermore, section 166.031(3), Florida Statutes, allows a municipality to …provisions. Thus, the only limitation in section 166.031, Florida Statutes, is placed upon amending that…municipal charter could be amended pursuant to section 166.031, Florida Statutes, to limit or restrict the exercise…Article VIII, Florida Constitution, and section 166.031, Florida Statutes, this office concluded that the

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Court: Fla. Att'y Gen. | Date Filed: 2008-07-23T00:53:00-07:00

Snippet: 1973, is provided in section 166.031, Florida Statutes. Section 166.031(1), Florida Statutes, states:… the electors as provided in s. 166.031. . . ." 4 See s. 166.031(2), Fla. Stat. 5 And see Op. Att…vote of the city commission pursuant to section 166.031(5), Florida Statutes? The Charter of the City of…offices abolished by the city pursuant to section 166.031(5), Florida Statutes, which allows the city commission…such purpose."3 Subsection (1) of section 166.031, Florida Statutes, thus provides the method for

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Court: Fla. Att'y Gen. | Date Filed: 2007-09-24T00:53:00-07:00

Snippet: by referendum of the electors as provided in s. 166.031. Any other limitation of power upon any municipality…comply with the procedures set forth in section 166.031, Florida Statutes.2 That statute sets forth the…could not be amended except as provided in section 166.031. Similarly, in Attorney General Opinion 79-80, …by referendum of the electors as provided in s. 166.031." (e.s.) In addition, section 100.3605(2),…-30 (1988) (charter amendment provisions in s. 166.031, Fla. Stat., prevail over conflicting provisions

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Court: Fla. Att'y Gen. | Date Filed: 2007-07-24T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2006-08-18T00:53:00-07:00

Citation: 940 So. 2d 1144

Snippet: referendum as provided in Florida statute Section 166.031 or by the City Charter or as otherwise provided…referendum as provided by Florida Statutes Section 166.031 or by the City Charter. This amendment shall become…by referendum as provided by Florida Statute S. 166.031 or by the City Charter. This amendment shall become

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Court: Fla. Att'y Gen. | Date Filed: 2006-07-20T00:53:00-07:00

Snippet: of the registered electors pursuant to section 166.031(1), Florida Statutes, constitute "action of…charter using the procedure authorized by section 166.031(1), Florida Statutes. This amendment was submitted…charter proposed and approved pursuant to section 166.031(1), Florida Statutes, does constitute "action…General CC/tgh 1 As you note, pursuant to section 166.031(1), Florida Statutes, the town commission, as governing

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Court: Fla. Att'y Gen. | Date Filed: 2006-03-07T23:53:00-08:00

Snippet: is bound by the provisions in s. 166.031, Fla. Stat.). Cf. s. 166.031(3), Fla. Stat., authorizing the … would be subject to the procedures in section 166.031, Florida Statutes, which includes a requirement…referendum of the voters.1 Subsection (1) of section 166.031, Florida Statutes, provides: "The governing…comply with the procedures set forth in section 166.031, Florida Statutes.2 As noted above, the charter…would be governed by the provisions of section 166.031, which requires that an ordinance passed by the

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Court: Fla. Att'y Gen. | Date Filed: 2005-11-08T23:53:00-08:00

Snippet: provided in section 166.031, Florida Statutes.5 The legislative directive in section 166.031 as to how a municipal…is bound by the provisions in s. 166.031, Fla. Stat.). Cf., s. 166.031(3), Fla. Stat., authorizing the …by referendum of the electors as provided in s. 166.031. Any other limitation of power upon any municipality…requires referendum approval as provided in section 166.031, Florida Statutes, for any change to a city'…exceptions to the referendum requirements of section 166.031, Florida Statutes,4 nothing in the act provides

Guetzloe v. City of Daytona Beach

Court: Fla. Dist. Ct. App. | Date Filed: 2005-05-20T00:53:00-07:00

Citation: 901 So. 2d 415

Snippet: concur. NOTES [1] Section 166.031 of the Florida Statutes (2001) provides: 166.031. Charter amendments (1…the 10% statutory threshold set forth in section 166.031 of the Florida Statutes),[1] the burden shifted…10% threshold requirement set forth in section 166.031 because the signatures on those petitions had not