The 2023 Florida Statutes (including Special Session C)
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. . . Clay County Zoning Comm'n , 225 So.2d 555 (Fla. 1st DCA 1969) ; see also § 166.041(7), Fla. . . .
. . . Indeed, section 166.041, Florida Statutes (2011), which governs municipalities, defines “ordinance” as . . .
. . . City’s comprehensive plan based on the City’s failure to publish notice in accordance with section 166.041 . . . Ordinance 2011-19 is void because the City did not comply with the notice requirements of. section 166.041 . . . that the ordinance is invalid because the City did not comply with the notice provisions of section 166.041 . . . Section 166.041(3)(c) in pertinent part provides: (c) Ordinances initiated by other than the municipality . . . The City does not dispute that it did not follow the procedure outlined in section 166.041(3), nor does . . .
. . . because the City enacted it without providing notice pursuant to the notice provisions in sections 166.041 . . . Section 166.041(3)(a) provides that a proposed ordinance “shall at least 10 days prior to adoption, be . . . Stat. § 166.041(3)(a). . . . Stat. § 166.041(3)(e). . . . Sections 166.041(3)(a) and (c) of the Florida Statutes are inapplicable because the New Zoning Ordinance . . .
. . . Because section 163.346 incorporates only the public notice requirements of sections 166.041(3)(a) and . . . And section 166.041(3)(a), which applies to municipalities, provides: Except as provided in paragraph . . . This public notice is subject to the standards set forth in section 166.041(3)(a) or 125.66(2). . . . Although sections 166.041(3)(a) and 125.66(2) include additional procedures for enacting municipal and . . . Because section 163.346 incorporates only the public notice requirements of sections 166.041(3)(a) and . . .
. . . We hold that R14-05 constitutes an “ordinance” as defined in section 166.041(l)(a), Florida Statutes . . . Section 166.041(l)(a) defines “ordinance” as “an official legislative action of a governing body, which . . . Section 166.041(l)(b) defines “resolution” to mean “an expression of a governing body concerning matters . . . It is clear that the action by the Town is an ordinance as defined under section 166.041(1)(a). . . . Because the Town enacted R14-05 without following the requirements of section 166.041(3)(a) (notice in . . .
. . . Section 166.041(3)(C), Florida Statutes (2006), requires that proposed ordinances which change the "list . . .
. . . procedural due process (Count III); a state law claim alleging a violation of Florida Statutes Section 166.041 . . . argument that the district court erred in finding that the City did not violate Florida Statutes Section 166.041 . . . Section 166.041 provides that an ordinance becomes effective 10 days after passage unless otherwise provided . . . retroactive effective date for the moratorium ordinance, meaning the ordinance was in violation of Section 166.041 . . .
. . . . § 166.041. . . .
. . . In Plaintiffs’ Second Amended Complaint, they allege that Monroe violated Florida Statutes section 166.041 . . .
. . . COUNT TV: FLORIDA STATUTES SECTION 166.041 Count IV alleges a violation of Florida Statutes section 166.041 . . . Florida Statutes section 166.041 is simply inapplicable to Watson’s argument about the zoning-in-progress . . . the City’s selection of February 12, 2001 as the cutoff date is simply not cognizable under section 166.041 . . .
. . . [section] 166.041(3)(c) ....” A violation of Section 847.0134 constitutes a third-degree felony. . . .
. . . Section 166.041(l)(a), Florida Statutes (1997) defines 'ordinance' as "an official legislative action . . . Section 166.041(l)(b) defines 'resolution' as “an expression of a governing body concerning matters of . . .
. . . . § 166.041(l)(a), Fla. Stat. (2001); City of Miami v. Rosen, 151 Fla. 677, 10 So.2d 307 (1942). . . .
. . . ground that the published title was insufficient to provide adequate notice under the requirements of § 166.041 . . . The court notes that the while Hallandale court dealt with Florida Statutes § 166.041, there is an exact . . .
. . . impair the use of land are invalid if they were not enacted with the formality required under section 166.041 . . .
. . . .” § 166.041 (l)(a), Fla. Stat. (1983). . . .
. . . with home rule powers under article VIII, section 2(b), Florida Constitution and sections 166.021 and 166.041 . . .
. . . general welfare of the community under proceedings as provided in s. 125.66(4), for counties, and s. 166.041 . . .
. . . uses within the City’s residential zoning category (or categories), the City was required by section 166.041 . . . public hearing was to be advertised at least five days prior to the date set for that public hearing. § 166.041 . . . advertisement two days prior to the second public hearing did not comply with the five-day mandate of section 166.041 . . . The courts have consistently held that ordinances which fall within the ambit of section 166.041(3), . . . Ordinance no. 98-31 is null and void for failure to comply with the notice requirements of section 166.041 . . .
. . . trial court opined that the permissive use was on “the same level of an ordinance” but under section 166.041 . . .
. . . ordinances which substantially affect the use of land must comply strictly with the notice requirements of § 166.041 . . .
. . . that the City’s proposal is invalid because it fails to meet the single subject requirement of Section 166.041 . . .
. . . Statutory Framework Section 166.041(c), Florida Statutes, creates particular procedural requirements . . . The map shall include major street names as a means of identification of the general area. § 166.041( . . . argues further that the notice provided was adequate to meet the legislative intent behind Section 166.041 . . . The Defendant makes valid policy arguments that the notice requirements imposed by Section 166.041(3) . . . void ab initio because the Defendant failed to comply with the notice requirements imposed by Section 166.041 . . .
. . . Section 166.041 defines the terms “ordinance” and “resolution,” but the definition creates no conflict . . . See § 166.041(1), Fla. . . .
. . . amendments if the local government complies with the provisions in s. 125.66(4)(a) for a county or in s. 166.041 . . .
. . . Ordinance and the Permitting Ordinance were adopted pursuant to the procedures set forth in section 166.041 . . .
. . . Pursuant to section 166.041(4), Florida Statutes (1997), a municipal ordinance takes effect ten days . . . See § 166.041(3)(a). . . . Appellees also argue that section 166.041(1)(a), Florida Statutes, when read in tandem with section 6.02 . . . Section 166.041(1)(a) defines “ordinance” as “an official legislative action of a governing body, which . . . Section 166.041(1)(b) defines a “resolution” as “an expression of a governing body concerning matters . . .
. . . Stat. § 166.041(3)(c)2. . . . However, § 166.041(3)(c)(2) applies only to ordinances which substantially affect the use of land. . . . Section 166.041(8) provides that “[t]he notice procedures required by this section are established as . . . Therefore, the Court finds that the fourteen days notice complies with the requirements of § 166.041( . . . Thus, the City did not have to comply with the notice requirements of § 166.041(3)(c)(2). . . .
. . . invalid because the City did not comply with the procedural notice requirements set forth in Section 166.041 . . . Section 166.041(3)(c) sets forth certain procedural requirements for the enactment of ordinances which . . . it was only required to comply with the procedural requirements set forth in subsection (a) of F.S. 166.041 . . . because of Melbourne’s alleged failure to comply with the procedural requirements set forth in Section 166.041 . . .
. . . 125.67, Florida Statutes (1991), applies the single-subject rule to county ordinances, and section 166.041 . . . Section 166.041(2), Florida Statutes (1991), provides in relevant part: Each ordinance or resolution . . .
. . . that Orange County should have enacted Ordinance 91-17 pursuant to procedures established in section 166.041 . . . Section 166.041 enumerates the procedures a municipality must follow when enacting an ordinance. . . .
. . . .2d 328 (Fla.1982), the second district concluded that the city was required to comply with section 166.041 . . . impair the use of land are invalid if they were not enacted with the formality required under section 166.041 . . . Oddly, chapter 90-152 would not have affected City of Sanibel since it does not amend section 166.041 . . . clear guidance about what constitutes a "substantial change” in land use within the meaning of section 166.041 . . .
. . . Constitution); § 125.67, Fla.Stat. (1991) (applying the single subject rule to county ordinances); § 166.041 . . .
. . . s finding that the ordinance is invalid because the requisite notice was not provided under Section 166.041 . . . The adoption of the ordinance was governed by Section 166.041(3)(a), Florida Statutes (1987), because . . . As the trial court correctly noted: Section [166.041](3)(a) is the applicable section since the purported . . . Thus, the procedural provisions of Section 166.041(3)(a), rather than Section 166.-041(3)(c), applied . . . ordinance is null and void because the City failed to follow the mandatory notice requirements of Section 166.041 . . .
. . . find that the public was provided reasonable notice of the Board meeting, and the public hearing, § 166.041 . . .
. . . The City’s failure to provide such notice violates both Section 166.041, Florida Statutes and the United . . . Section 166.041(3)(a), Florida Statutes provides, in pertinent part, that Except as provided in paragraph . . . Section 166.041(3)(a) states the notice requirements for the adoption of a municipal ordinance. . . . permitted use categories in zoning districts” are subject to the more rigid requirements of Section 166.041 . . . given to plaintiff, it is immaterial (and this court need not decide) whether section 166.-041(3)(a) or 166.041 . . .
. . . subsequently declared void because it had been improperly advertised, under Florida Statutes, section 166.041 . . .
. . . Fla. 3d DCA 1987) (en banc), rev. denied, 529 So.2d 694 (Fla.1988), by statute, sections 163.3161 and 166.041 . . .
. . . which had to be enacted in strict compliance with the notice and public hearing requirements of section 166.041 . . . Section 166.041 is the counterpart of section 125.55 that applies to zoning ordinances initiated by a . . .
. . . created Chapter 43A of the Tampa Zoning Code, was a zoning ordinance within the meaning of section 166.041 . . . effect it did not rezone property or change any permitted uses within a zoning district and Section 166.041 . . . The use of the word “initiated” in section 166.041(3)(c) is significant under the law. . . . zoning ordinances are null and void if not strictly enacted pursuant to the requirements of section 166.041 . . . (R 227 and 414) (emphasis supplied) Based on this stipulation alone, section 166.041(3)(c) was clearly . . .
. . . Constitution; sections 2, 3, 4, 5, 9, 17, and 23 of Article I of the Florida Constitution; Florida Statutes § 166.041 . . .
. . . Sec. 166.041(l)(a), Fla.Stat. (1987). . . . Sec. 166.041(l)(b), Fla. Stat. (1987). . . .
. . . method and manner by which the appellee did or did not comply with the notice requirement(s) of F.S. 166.041 . . . was the question of the City’s compliance — or lack thereof — with the notice requirements) of F.S. 166.041 . . .
. . . contend that Ordinance 8482-A which created Chapter 43A was not enacted in compliance with section 166.041 . . . substantially change(d) permitted use categories in zoning districts. . .” as contemplated by section 166.041 . . . fact that its application was delayed and prior to its application the notice requirements of Section 166.041 . . . ’s piece of property at the later public hearings held in accordance with the provisions of section 166.041 . . . Section 166.041(a) defines ordinance as “an official legislative action of a governing body, which action . . .
. . . The notice provisions of Florida Statutes Section 166.041 require that these advertisements “be no less . . . The City concedes that it did not comply with the notice provisions of § 166.041. . . . Florida Statutes Section 166.041(3)(c)2 provides in pertinent part: 2. . . . The map shall include major street names as a means of identification of the area. § 166.041, Fla.Stat . . . See Florida Statutes Section 166.041, supra note 1. . Id. . . . .
. . . .-3215 and 166.041. . Fed.R.Civ.P. 8 states in pertinent part: . . . .
. . . they were not properly enacted since they did not comply with the publication requirements of section 166.041 . . .
. . . Stat. 166.041; Thorn v Florida Real Estate Commission, 146 SO.2d 907 (Fla. 1962); DeGroot v Sheffield . . .
. . . such, was enacted without providing notice and an opportunity to be heard as required under section 166.041 . . . The City’s reliance on section 166.041(3)(b), which authorizes the adoption of emergency ordinances, . . . requirements are invalid (null and void if not strictly enacted pursuant to the requirement of section 166.041 . . .
. . . Florida Statute section 166.041(1)(a) defines “ordinance” as an “official Legislative action of a governing . . . Fla.Stat.Ann. section 166.041(1)(a) (West 1987). . . . Fla.Stat.Ann. section 166.041(1)(b) (West 1987). . . .
. . . the trial court held Ordinance 314 invalid and unconstitutional for failure to comply with section 166.041 . . . Considered in light of section 166.041(3)(a), and the case law construing similar enabling statutes, . . .
. . . . § 166.041(l)(a), Fla.Stat. (1985). . . .
. . . Fla.Stat.Ann. § 166.041(2) (West Supp.1987). . . . As Amended, section 166.041(3)(c) requires that ordinances “which rezone specific parcels of private . . . Fla.Stat.Ann. § 166.041(3)(c) (West Supp.1987). . . . The City concedes that it failed to comply with the notice provisions contained in section 166.041(3) . . . Fla.Stat.Ann. § 166.041(3)(a) (West Supp.1987). . . . .
. . . The record reflects that in adopting the ordinance under consideration, the city followed section 166.041 . . . A rezoning ordinance must be adopted by following the stricter procedures set forth in section 166.041 . . . zoning ordinances are null and void if not strictly enacted pursuant to the requirements of section 166.041 . . . determination that ordinance 63-80 did not have to be enacted pursuant to the requirements of section 166.041 . . . Such an ordinance, therefore, may be properly adopted by using the procedure set forth in section 166.041 . . .
. . . It is recognized that Section 166.041(3)(c), Florida Statutes (1985), provides for notice to interested . . . In addition, Section 166.041(6) authorizes a municipality to adopt notice requirements that are stricter . . .
. . . . § 166.041(l)(a) (West Supp.1985). . . . Fla.Stat. § 166.041(1)(b) (West Supp.1985). . . . Fla.Stat. § 166.041(1)(a) (West Supp. 1985). . . .
. . . . § 166.041, Fla.Stat. (1985); see also Op.Atty.Gen., 073-385, Oct. 12, 1973. . . .
. . . that neither Ordinance No. 72-25 nor No. 77-48 had been legally adopted in accordance with sections 166.041 . . . ordinances which are null and void if not strictly enacted pursuant to the requirements of section 166.041 . . .
. . . adhere to the special notice and hearing requirements for rezoning of land, as required by Section 166.041 . . . We agree with appellants’ contention ((1) above) that the procedural prerequisites of Section 166.041 . . . deemed null and void because of the City’s failure to comply with the procedural requirements of Section 166.041 . . . Section 166.041(3)(c), Florida Statutes (1978), provides for a notice and hearing procedure before adoption . . .
. . . Section 166.041(3)(b), Florida Statutes (1981). . . .
. . . Section 166.041(4), Florida Statutes (1979), provides that all ordinances “shall become effective 10 . . . effective date of its ordinances, either that set forth in its charter or that authorized by section 166.041 . . . Although we expressly rest our decision on the construction of section 166.041 and although we requested . . .
. . . In this case, the City of Gainesville has a specific grant of power concerning zoning, Section 166.041 . . .
. . . had not enacted the moratorium ordinance pursuant to the notice and hearing requirements of section 166.041 . . . Section 166.041(3)(c)l. applies to ordinances affecting less than 5% of the total land area of a city . . . In adopting the ordinance in question, the city followed section 166.041(3)(a), Florida Statutes (1979 . . . plan adopted under the authority of the Local Government Comprehensive Planning Act of 1975, section 166.041 . . . land use plan involving less than 5% of the total land area is the same as that set forth in section 166.041 . . .
. . . The Attorney General in an opinion concerning §166.041, Fla. . . .
. . . In Section 166.041(4), Fla. . . .
. . . .” § 166.041(1)(b), Fla.Stat. (1977). . . .
. . . submit that the ordinances in question were invalid because they violate the provisions of Section 166.041 . . . Section 166.041, Florida Statutes (1973), in pertinent part, provides: “166.041. . . . ordinances in question satisfies us there was no violation of the statutory requirements of Section 166.041 . . . of the final judgment which held the ordinances in question are invalid because they violate Section 166.041 . . .
. . . Section 166.041(3)(a), Florida Statutes (Supp.1976) sets forth the procedures for adoption of ordinances . . . The court concluded as a matter of law: (1) Section 166.041(3)(a) requires that a proposed ordinance . . .
. . . titles to ordinances 35 and 50 of the Town of Mexico Beach were not legally sufficient under Section 166.041 . . .
. . . But see § 166.041(2), Fla.Stat. (1975). . . .
. . . Dade County contends that Section 166.041 provides a minimum standard to be followed by municipalities . . . be followed since the plaintiffs have not established any violation of the requirements of Section 166.041 . . .