Florida Statute 166.041 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XII
MUNICIPALITIES

Chapter 166
MUNICIPALITIES

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F.S. 166.041

166.041 Procedures for adoption of ordinances and resolutions.—

(1) As used in this section, the following words and terms shall have the following meanings unless some other meaning is plainly indicated:

(a) “Ordinance” means an official legislative action of a governing body, which action is a regulation of a general and permanent nature and enforceable as a local law.

(b) “Resolution” means an expression of a governing body concerning matters of administration, an expression of a temporary character, or a provision for the disposition of a particular item of the administrative business of the governing body.

(2) Each ordinance or resolution shall be introduced in writing and shall embrace but one subject and matters properly connected therewith. The subject shall be clearly stated in the title. No ordinance shall be revised or amended by reference to its title only. Ordinances to revise or amend shall set out in full the revised or amended act or section or subsection or paragraph of a section or subsection.

(3)(a) Except as provided in paragraphs (c) and (d), a proposed ordinance may be read by title, or in full, on at least 2 separate days and shall, at least 10 days prior to adoption, be noticed once in a newspaper of general circulation in the municipality. The notice of proposed enactment shall state the date, time, and place of the meeting; the title or titles of proposed ordinances; and the place or places within the municipality where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance.

(b) The governing body of a municipality may, by a two-thirds vote, enact an emergency ordinance without complying with the requirements of paragraph (a) of this subsection. However, no emergency ordinance or resolution shall be enacted which establishes or amends the actual zoning map designation of a parcel or parcels of land or that changes the actual list of permitted, conditional, or prohibited uses within a zoning category. Emergency enactment procedures for land use plans adopted pursuant to part II of chapter 163 shall be pursuant to that part.

(c) Ordinances initiated by other than the municipality that change the actual zoning map designation of a parcel or parcels of land shall be enacted pursuant to paragraph (a). Ordinances that change the actual list of permitted, conditional, or prohibited uses within a zoning category, or ordinances initiated by the municipality that change the actual zoning map designation of a parcel or parcels of land shall be enacted pursuant to the following procedure:

1. In cases in which the proposed ordinance changes the actual zoning map designation for a parcel or parcels of land involving less than 10 contiguous acres, the governing body shall direct the clerk of the governing body to notify by mail each real property owner whose land the municipality will redesignate by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance as it affects that property owner and shall set a time and place for one or more public hearings on such ordinance. Such notice shall be given at least 30 days prior to the date set for the public hearing, and a copy of the notice shall be kept available for public inspection during the regular business hours of the office of the clerk of the governing body. The governing body shall hold a public hearing on the proposed ordinance and may, upon the conclusion of the hearing, immediately adopt the ordinance.

2. In cases in which the proposed ordinance changes the actual list of permitted, conditional, or prohibited uses within a zoning category, or changes the actual zoning map designation of a parcel or parcels of land involving 10 contiguous acres or more, the governing body shall provide for public notice and hearings as follows:

a. The local governing body shall hold two advertised public hearings on the proposed ordinance. At least one hearing shall be held after 5 p.m. on a weekday, unless the local governing body, by a majority plus one vote, elects to conduct that hearing at another time of day. The first public hearing shall be held at least 7 days after the day that the first advertisement is published. The second hearing shall be held at least 10 days after the first hearing and shall be advertised at least 5 days prior to the public hearing.

b. If published in the print edition of a newspaper, the required advertisements shall be no less than 2 columns wide by 10 inches long in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper in the municipality and of general interest and readership in the municipality pursuant to chapter 50. It is the legislative intent that, whenever possible, the advertisement appear in a newspaper that is published at least weekly unless the only newspaper in the municipality is published less than weekly. The advertisement shall be in substantially the following form:

NOTICE OF (TYPE OF) CHANGE

The (name of local governmental unit) proposes to adopt the following ordinance: (title of the ordinance) .

A public hearing on the ordinance will be held on (date and time) at (meeting place) .

Except for amendments which change the actual list of permitted, conditional, or prohibited uses within a zoning category, the advertisement shall contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the general area. If published in the print edition of the newspaper, the map must also be part of any online notice made pursuant to s. 50.0211.

c. In lieu of publishing the advertisement set out in this paragraph, the municipality may mail a notice to each person owning real property within the area covered by the ordinance. Such notice shall clearly explain the proposed ordinance and shall notify the person of the time, place, and location of any public hearing on the proposed ordinance.

(d) Consideration of the proposed municipal ordinance at a meeting properly noticed pursuant to this subsection may be continued to a subsequent meeting if, at the meeting, the date, time, and place of the subsequent meeting is publicly stated. No further publication, mailing, or posted notice as required under this subsection is required, except that the continued consideration must be listed in an agenda or similar communication produced for the subsequent meeting. This paragraph is remedial in nature, is intended to clarify existing law, and shall apply retroactively.

(4)(a) Before the enactment of a proposed ordinance, the governing body of a municipality shall prepare or cause to be prepared a business impact estimate in accordance with this subsection. The business impact estimate must be posted on the municipality’s website no later than the date the notice of proposed enactment is published pursuant to paragraph (3)(a) and must include all of the following:

1. A summary of the proposed ordinance, including a statement of the public purpose to be served by the proposed ordinance, such as serving the public health, safety, morals, and welfare of the municipality.

2. An estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the municipality, including the following, if any:

a. An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted;

b. Identification of any new charge or fee on businesses subject to the proposed ordinance, or for which businesses will be financially responsible; and

c. An estimate of the municipality’s regulatory costs, including an estimate of revenues from any new charges or fees that will be imposed on businesses to cover such costs.

3. A good faith estimate of the number of businesses likely to be impacted by the ordinance.

4. Any additional information the governing body determines may be useful.

(b) This subsection may not be construed to require a municipality to procure an accountant or other financial consultant to prepare the business impact estimate required by this subsection.

1. Ordinances required for compliance with federal or state law or regulation;

2. Ordinances relating to the issuance or refinancing of debt;

3. Ordinances relating to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget;

4. Ordinances required to implement a contract or an agreement, including, but not limited to, any federal, state, local, or private grant, or other financial assistance accepted by a municipal government;

5. Emergency ordinances;

6. Ordinances relating to procurement; or

7. Ordinances enacted to implement the following:

a. Development orders and development permits, as those terms are defined in s. 163.3164, and development agreements, as authorized by the Florida Local Government Development Agreement Act under ss. 163.3220-163.3243;

b. Comprehensive plan amendments and land development regulation amendments initiated by an application by a private party other than the municipality;

c. Sections 190.005 and 190.046;

d. Section 553.73, relating to the Florida Building Code; or

e. Section 633.202, relating to the Florida Fire Prevention Code.

(5) A majority of the members of the governing body shall constitute a quorum. An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution; except that two-thirds of the membership of the board is required to enact an emergency ordinance. On final passage, the vote of each member of the governing body voting shall be entered on the official record of the meeting. All ordinances or resolutions passed by the governing body shall become effective 10 days after passage or as otherwise provided therein.

(6) Every ordinance or resolution shall, upon its final passage, be recorded in a book kept for that purpose and shall be signed by the presiding officer and the clerk of the governing body.

(7) The procedure as set forth herein shall constitute a uniform method for the adoption and enactment of municipal ordinances and resolutions and shall be taken as cumulative to other methods now provided by law for adoption and enactment of municipal ordinances and resolutions. By future ordinance or charter amendment, a municipality may specify additional requirements for the adoption or enactment of ordinances or resolutions or prescribe procedures in greater detail than contained herein. However, a municipality shall not have the power or authority to lessen or reduce the requirements of this section or other requirements as provided by general law.

(8) Five years after the adoption of any ordinance or resolution adopted after the effective date of this act, no cause of action shall be commenced as to the validity of an ordinance or resolution based on the failure to strictly adhere to the provisions contained in this section. After 5 years, substantial compliance with the provisions contained in this section shall be a defense to an action to invalidate an ordinance or resolution for failure to comply with the provisions contained in this section. Without limitation, the common law doctrines of laches and waiver are valid defenses to any action challenging the validity of an ordinance or resolution based on failure to strictly adhere to the provisions contained in this section. Standing to initiate a challenge to the adoption of an ordinance or resolution based on a failure to strictly adhere to the provisions contained in this section shall be limited to a person who was entitled to actual or constructive notice at the time the ordinance or resolution was adopted. Nothing herein shall be construed to affect the standing requirements under part II of chapter 163.

(9) The notice procedures required by this section are established as minimum notice procedures.

History.—s. 1, ch. 73-129; s. 2, ch. 76-155; s. 2, ch. 77-331; s. 1, ch. 83-240; s. 1, ch. 83-301; s. 2, ch. 95-198; s. 5, ch. 95-310; s. 5, ch. 2012-212; s. 15, ch. 2021-17; ss. 5, 6, ch. 2023-309; s. 3, ch. 2024-145.

F.S. 166.041 on Google Scholar

F.S. 166.041 on Casetext

Amendments to 166.041

Arrestable Offenses / Crimes under Fla. Stat. 166.041

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 166.041.

Annotations, Discussions, Cases:

Cases Citing Statute 166.041

Total Results: 20

Adena Testa, individually and as co-trustee of the Michael David Testa Revocable Trust v. Town of Jupiter Island and Dolphin Suite, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-31T00:00:00-07:00

Snippet: did not follow the notice provisions in section 166.041(3)(a), Florida Statutes (2019), prior to enacting…agreed that the Town did not comply with section 166.041(3)(a)’s notice provisions prior to enacting Ordinance

MICHAEL DAVID TESTA, Individually and as Trustee of the M. DAVID TESTA REVOCABLE LIVING TRUST, DATED OCTOBER 25, 2017 v. TOWN OF JUPITER ISLAND

Court: Fla. Dist. Ct. App. | Date Filed: 2023-05-17T00:53:00-07:00

Snippet: certified question asks: Whether section 166.041(3)(a), Florida Statutes (2018), requires …public meeting in compliance with section 166.041(3)(a), Florida Statutes (2018), and the proposed… date certain public meeting, does section 166.041(3)(a) require …public meeting in compliance with section 166.041(3)(a)? Motions for certification granted; rephrased…certain public meeting in compliance with section 166.041(3)(a), Florida Statutes (2018), and the proposed

MICHAEL DAVID TESTA, Individually and as Trustee of the M. DAVID TESTA REVOCABLE LIVING TRUST, DATED OCTOBER 25, 2017 v. TOWN OF JUPITER ISLAND

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-07T23:53:00-08:00

Snippet: comply with section 166.041(3)(a), Florida Statutes (2018), and section 166.041(3)(c), Florida Statutes…proposed ordinance. § 166.041(3)(a), Fla. Stat. (2018). Section 166.041(3)(c) provides, in pertinent… part of” section 166.041(3)(a), and to avoid rendering any part of section 166.041(3)(a) meaningless,… and phrases within section 166.041(3)(a) to indicate that section 166.041(3)(a) addresses only the meeting…certain notice requirements contained in section 166.041, Florida Statutes (2018), entitled “Procedures

SAVE CALUSA INC. v. MIAMI-DADE COUNTY

Court: Fla. Dist. Ct. App. | Date Filed: 2023-01-31T23:53:00-08:00

Snippet: notice of the time, 3 Similarly, Section 166.041(6), Florida Statutes (2021), regulating municipalities…requirements as provided by general law. § 166.041(6), Fla. Stat. In this context, [s]tanding…the ordinance or resolution was adopted. § 166.041(7), Fla. Stat.

SAVE CALUSA INC. v. MIAMI-DADE COUNTY

Court: Fla. Dist. Ct. App. | Date Filed: 2022-11-15T23:53:00-08:00

Snippet: potential effects on fish and wildlife. 2 Section 166.041(4), Florida Statutes (2021), provides, in pertinent…Chapter 166, Florida Statutes (2021) Section 166.041, Florida Statutes (2021), codifies the procedures…requirements as provided by general law. § 166.041(6), Fla. Stat. In this context, [s]tanding… ordinance or resolution was adopted. § 166.041(7), Fla. Stat. Section 33-310, Code of Miami-Dade

Costello v. City Of Archer

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-08T00:00:00-08:00

Citation: 263 So. 3d 290

Snippet: 225 So.2d 555 (Fla. 1st DCA 1969) ; see also § 166.041(7), Fla. Stat. (2012). Lewis, Makar, and M.K. Thomas

Costello v. City Of Archer

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-08T00:00:00-08:00

Citation: 263 So. 3d 290

Snippet: 225 So.2d 555 (Fla. 1st DCA 1969) ; see also § 166.041(7), Fla. Stat. (2012). Lewis, Makar, and M.K. Thomas

Laurie M. Costello v. City of Archer, Florida, and Florida Crossroads etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-07T23:53:00-08:00

Snippet: 225 So. 2d 555 (Fla. 1st DCA 1969); see also § 166.041(7), Fla. Stat. (2012). LEWIS, MAKAR, and M.K.

Holly Julian v. Bay County District School Board

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-14T00:00:00-07:00

Citation: 189 So. 3d 310, 2016 WL 1458510, 2016 Fla. App. LEXIS 5674

Snippet: (internal citations omitted). Indeed, section 166.041, Florida Statutes (2011), which governs municipalities

Anderson v. City of St. Pete Beach

Court: Fla. Dist. Ct. App. | Date Filed: 2014-10-15T00:00:00-07:00

Citation: 161 So. 3d 548, 2014 Fla. App. LEXIS 16830, 2014 WL 5151321

Snippet: the notice provisions of section 166.041. 1 Section 166.041(3)(c) in pertinent part provides…failure to publish notice in accordance with section 166.041, Florida Statutes (2011). Finally, Anderson argues…comply with the notice requirements of. section 166.041 when it passed the ordinance. We also conclude …enacted pursuant to the notice provisions of section 166.041 are null and void. See, e.g., David v. City…enacted pursuant to the requirements of section 166.041.”); Coleman v. City of Key West, 807

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Court: Fla. Att'y Gen. | Date Filed: 2010-11-08T23:53:00-08:00

Snippet: Attorney General BM/tgh 1 See, for example, s. 166.041(3), Fla. Stat., providing notice requirements for

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Court: Fla. Att'y Gen. | Date Filed: 2010-08-25T00:53:00-07:00

Snippet: .021(4), Fla. Stat. 2 Section 166.041(4), Fla. Stat. See also s. 166.041(6), Fla. Stat., stating: "…general or special law, or county charter.1 Section 166.041, Florida Statutes, sets forth the procedures for…'s physical presence prescribed in section 166.041, Florida Statutes, when it is conducting official…appear to conflict with the mandate in section 166.041(4), Florida Statutes, requiring the presence of

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Court: Fla. Att'y Gen. | Date Filed: 2010-02-15T23:53:00-08:00

Snippet: rather than a resolution. The opinion cites to s. 166.041(1)(a), Fla. Stat., defining "ordinance"…enforceable as a local laws," (e.s.) while s. 166.041(1)(b), Fla. Stat., defines "resolution"

Bay County v. Town of Cedar Grove

Court: Fla. | Date Filed: 2008-09-18T00:53:00-07:00

Citation: 992 So. 2d 164

Snippet: to s. 125.66(2) or s. 166.041(3)(a).... (Emphasis added.) And section 166.041(3)(a), which applies to…standards set forth in section 166.041(3)(a) or 125.66(2). Although sections 166.041(3)(a) and 125.66(2) include…only the public notice requirements of sections 166.041(3)(a) and 125.66(2), Florida Statutes (2006), we…parties may appear and be heard at the meeting. §§ 166.041(3)(a); 125.66(2)(a), Fla. Stat. Because section…only the public notice requirements of sections 166.041(3)(a) and 125.66(2), we find that section 163.346

White v. Town of Inglis

Court: Fla. Dist. Ct. App. | Date Filed: 2008-08-07T00:00:00-07:00

Citation: 988 So. 2d 163, 2008 Fla. App. LEXIS 11863, 2008 WL 3050692

Snippet: constitutes an “ordinance” as defined in section 166.041(l)(a), Florida Statutes (2005), and, because the…with the ten-day notice requirement in section 166.041(3)(a), we hold the ordinance void. Accordingly,…to Palm Point Drive from the property. Section 166.041(l)(a) defines “ordinance” as “an official legislative…nature and enforceable as a local law.” Section 166.041(l)(b) defines “resolution” to mean “an expression… Town is an ordinance as defined under section 166.041(1)(a). In R14-05, the Town regulates the use of

Binford v. City of Winter Springs

Court: Fla. Dist. Ct. App. | Date Filed: 2007-11-02T00:00:00-07:00

Citation: 969 So. 2d 1098, 2007 Fla. App. LEXIS 17340, 2007 WL 3224142

Snippet: PALMER, C.J., and LAWSON, J., concur. . Section 166.041(3)(C), Florida Statutes (2006), requires that proposed

Shulmister ex rel. Mayor-at-Large Initiative Committee v. Larkins

Court: Fla. Dist. Ct. App. | Date Filed: 2003-10-29T00:00:00-08:00

Citation: 856 So. 2d 1149, 2003 Fla. App. LEXIS 16180

Snippet: denied, 821 So.2d 293 (Fla.2002). . Section 166.041(l)(a), Florida Statutes (1997) defines 'ordinance… and enforceable as a local law." Section 166.041(l)(b) defines 'resolution' as “an expression

City of Cocoa Beach v. Vacation Beach, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2003-08-15T00:53:00-07:00

Citation: 852 So. 2d 358

Snippet: is legislative action of the governing body. § 166.041(1)(a), Fla. Stat. (2001); City of Miami v. Rosen

Galaxy Fireworks, Inc. v. City of Orlando

Court: Fla. Dist. Ct. App. | Date Filed: 2003-02-27T23:53:00-08:00

Citation: 842 So. 2d 160

Snippet: enacted with the formality required under section 166.041(3)(c) [the statute which governs the enactment

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Court: Fla. Att'y Gen. | Date Filed: 2002-10-11T00:53:00-07:00

Snippet: satisfy the requirements of the statute. Section 166.041(3)(a), Florida Statutes, requires that, at least…proposed municipal ordinances as required in s. 166.041(3)(a), Fla. Stat. "the requirements contained… have been added by statutes such as . . . [s.]166.041(3)(c)2., Florida Statutes." And see, Op. Att