Florida Statute 166.41 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XII
MUNICIPALITIES

Chapter 166
MUNICIPALITIES

View Entire Chapter

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 CourtListener

Amendments to 166.041

Annotations, Discussions, Cases:

Cases Citing Statute 166.041

Total Results: 97

Lamar Advertising of Mobile, Inc. v. City of Lakeland

189 F.R.D. 480, 1999 U.S. Dist. LEXIS 17743, 1999 WL 1051922

District Court, M.D. Florida | Filed: Oct 7, 1999 | Docket: 66010809

Cited 36 times | Published

response. BACKGROUND I. Statutory Framework Section 166.041(c), Florida Statutes, creates particular procedural

JORDAN CHAPEL FREEWILL BAPTIST CH. v. Dade County

334 So. 2d 661

District Court of Appeal of Florida | Filed: Jun 22, 1976 | Docket: 1309624

Cited 28 times | Published

in compliance with Florida Statute 166.041. Dade County contends that Section 166.041 provides a minimum

Marriott Corp. v. Metropolitan Dade County

383 So. 2d 662, 1980 Fla. App. LEXIS 16695

District Court of Appeal of Florida | Filed: Apr 15, 1980 | Docket: 1512405

Cited 25 times | Published

administrative business of the governing body." § 166.041(1)(b), Fla. Stat. (1977). A public body, however

Stone v. Town of Mexico Beach

348 So. 2d 40

District Court of Appeal of Florida | Filed: Jun 29, 1977 | Docket: 1760278

Cited 21 times | Published

Mexico Beach were not legally sufficient under Section 166.041(2), Florida Statutes (1975), added by Ch. 73-129

3299 N. Federal Hwy. v. BROWARD CTY. COM'RS

646 So. 2d 215, 1994 WL 486627

District Court of Appeal of Florida | Filed: Nov 29, 1994 | Docket: 1254342

Cited 19 times | Published

that the city was required to comply with section 166.041 (the statute which governs the enactment of

Yarbrough v. Young

462 So. 2d 515, 10 Fla. L. Weekly 99

District Court of Appeal of Florida | Filed: Jan 3, 1985 | Docket: 449468

Cited 18 times | Published

such notice for certain subjects. See, e.g., Section 166.041(3)(c), Florida Statutes.

Southern Entertainment Co. v. City of Boynton Beach

736 F. Supp. 1094, 1990 U.S. Dist. LEXIS 5484, 1990 WL 58671

District Court, S.D. Florida | Filed: Apr 6, 1990 | Docket: 1498116

Cited 17 times | Published

The notice provisions of Florida Statutes Section 166.041 require that these advertisements "be no less

Lady J. Lingerie, Inc. v. City of Jacksonville

973 F. Supp. 1428, 1997 WL 533569

District Court, M.D. Florida | Filed: Aug 26, 1997 | Docket: 1239493

Cited 14 times | Published

procedural requirements set forth in Florida Statutes, § 166.041(3)(c), in the enactment of the two Ordinances

Fountain v. City of Jacksonville

447 So. 2d 353

District Court of Appeal of Florida | Filed: Mar 8, 1984 | Docket: 1691124

Cited 14 times | Published

requirements for rezoning of land, as required by Section 166.041, Florida Statutes; (2) the land use restrictions

Daytona Leisure Corp. v. City of Daytona Beach

539 So. 2d 597, 14 Fla. L. Weekly 647, 1989 Fla. App. LEXIS 1233, 1989 WL 20583

District Court of Appeal of Florida | Filed: Mar 10, 1989 | Docket: 453046

Cited 13 times | Published

opportunity to be heard as required under section 166.041(3)(c), Florida Statutes (1987).[2] It also

Little v. City of North Miami

805 F.2d 962, 1986 U.S. App. LEXIS 34498, 35 Educ. L. Rep. 1037

Court of Appeals for the Eleventh Circuit | Filed: Dec 9, 1986 | Docket: 66221399

Cited 13 times | Published

resolution is “enforceable as a local law.” Fla. Stat. § 166.041(l)(a) (West Supp.1985). A resolution is defined

David v. City of Dunedin

473 So. 2d 304, 10 Fla. L. Weekly 1933

District Court of Appeal of Florida | Filed: Aug 7, 1985 | Docket: 1510548

Cited 11 times | Published

strictly enacted pursuant to the requirements of section 166.041 (formerly sections 176.05 and.06). See Fountain

Charter Review Com'n of Orange County v. Scott

647 So. 2d 835, 19 Fla. L. Weekly Supp. 662, 1994 Fla. LEXIS 1973, 1994 WL 708403

Supreme Court of Florida | Filed: Dec 22, 1994 | Docket: 437660

Cited 10 times | Published

single-subject rule to county ordinances,[3] and section 166.041(2) places a single-subject requirement on municipal

City of St. Petersburg v. Austin

355 So. 2d 486

District Court of Appeal of Florida | Filed: Feb 24, 1978 | Docket: 1715026

Cited 10 times | Published

purported enactment of Ordinance No. 172-F. Section 166.041(3)(a), Florida Statutes (Supp. 1976) sets forth

Webb v. Town Council of Town of Hilliard

766 So. 2d 1241, 2000 WL 1369878

District Court of Appeal of Florida | Filed: Sep 25, 2000 | Docket: 1330108

Cited 9 times | Published

comply strictly with the notice requirements of § 166.041(3)(c)1., Fla.Stat. This provision states in pertinent

City of Fort Pierce v. Davis

400 So. 2d 1242

District Court of Appeal of Florida | Filed: Jun 3, 1981 | Docket: 2450243

Cited 8 times | Published

The applicable provision is contained in Section 166.041(3)(c)(1), Florida Statutes (1979): In cases

MacHado v. Musgrove

519 So. 2d 629, 1987 WL 494

District Court of Appeal of Florida | Filed: Feb 23, 1988 | Docket: 1332286

Cited 7 times | Published

government which continues in force until repealed. § 166.041(1)(a), Fla. Stat. (1985). We know of no rule and

ABT Corp., Inc. v. CITY OF FORT LAUDERDALE, FLA.

664 F. Supp. 488, 1987 U.S. Dist. LEXIS 13730

District Court, S.D. Florida | Filed: Jun 16, 1987 | Docket: 994672

Cited 7 times | Published

is in violation of Florida Statute § 166.041(2). Section 166.041(2) requires: "Each ordinance or resolution

Ves Carpenter Contractors, Inc. v. City of Dania

422 So. 2d 342, 1982 Fla. App. LEXIS 22127

District Court of Appeal of Florida | Filed: Nov 10, 1982 | Docket: 1479580

Cited 7 times | Published

body in order to be valid under Florida law. Section 166.041(3)(b), Florida Statutes (1981). The appellant

City of Sanibel v. Buntrock

409 So. 2d 1073

District Court of Appeal of Florida | Filed: Dec 30, 1981 | Docket: 526598

Cited 7 times | Published

to the notice and hearing requirements of section 166.041(3)(c)1., Florida Statutes (1979),[1] that are

TOWN OF LAUDERDALE-BY-THE-SEA v. Meretsky

773 So. 2d 1245, 2000 WL 1819401

District Court of Appeal of Florida | Filed: Dec 13, 2000 | Docket: 1291979

Cited 6 times | Published

"the same level of an ordinance" but under section 166.041, Florida Statutes (1997), there are certain

Brooks v. WATCHTOWER BIBLE AND TRACT

706 So. 2d 85, 1998 WL 64088

District Court of Appeal of Florida | Filed: Feb 18, 1998 | Docket: 1682419

Cited 6 times | Published

four to one on July 28, 1997. Pursuant to section 166.041(4), Florida Statutes (1997), a municipal ordinance

Coleman v. City of Key West

807 So. 2d 84, 2001 WL 1613894

District Court of Appeal of Florida | Filed: Dec 19, 2001 | Docket: 1750723

Cited 5 times | Published

(or categories), the City was required by section 166.041(3)(c)(2), Florida Statutes (1997), to hold

Bay County v. Town of Cedar Grove

992 So. 2d 164, 2008 WL 4241076

Supreme Court of Florida | Filed: Sep 18, 2008 | Docket: 1390974

Cited 4 times | Published

s. 166.041(3)(a).... (Emphasis added.) And section 166.041(3)(a), which applies to municipalities, provides:

JEFFREY O. v. City of Boca Raton

511 F. Supp. 2d 1339, 2007 U.S. Dist. LEXIS 12983, 2007 WL 628131

District Court, S.D. Florida | Filed: Feb 26, 2007 | Docket: 900980

Cited 4 times | Published

public to speak to the Ordinance. See Fla. Stat. § 166.041. In this case, I find the statements made at a

CHARTER REVIEW COM'N v. Scott

627 So. 2d 520, 1993 WL 383011

District Court of Appeal of Florida | Filed: Dec 10, 1993 | Docket: 1752976

Cited 4 times | Published

the single subject rule to county ordinances); § 166.041(2), Fla. Stat. (1991) (applying the single subject

Snair v. City of Clearwater

787 F. Supp. 1401, 15 Employee Benefits Cas. (BNA) 1040, 1992 U.S. Dist. LEXIS 3530, 1992 WL 59028

District Court, M.D. Florida | Filed: Mar 17, 1992 | Docket: 1793547

Cited 4 times | Published

improperly advertised, under Florida Statutes, section 166.041. The 1978 ordinance was intended to ratify

Church of Scientology Flag Services Org., Inc. v. City of Clearwater

756 F. Supp. 1498, 1991 U.S. Dist. LEXIS 1843, 1991 WL 16676

District Court, M.D. Florida | Filed: Feb 4, 1991 | Docket: 2135752

Cited 4 times | Published

of the Florida Constitution; Florida Statutes § 166.041(3)(a); and Clearwater City Charter § 2.09. Scientology

BMZ CORP. v. City of Oakland Park

415 So. 2d 735, 1982 Fla. App. LEXIS 20855

District Court of Appeal of Florida | Filed: May 5, 1982 | Docket: 1512969

Cited 4 times | Published

effective date in the ordinance was valid. Section 166.041(4), Florida Statutes (1979), provides that

City, Gainesville v. Gnv Investments

413 So. 2d 770

District Court of Appeal of Florida | Filed: Mar 15, 1982 | Docket: 1344797

Cited 4 times | Published

specific grant of power concerning zoning, Section 166.041(3)(c), Florida Statutes (1979), which contains

Galaxy Fireworks, Inc. v. City of Orlando

842 So. 2d 160, 2003 Fla. App. LEXIS 2401, 2003 WL 553980

District Court of Appeal of Florida | Filed: Feb 28, 2003 | Docket: 1440340

Cited 3 times | Published

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

City of Margate v. Amoco Oil Co.

546 So. 2d 1091, 14 Fla. L. Weekly 1496, 1989 Fla. App. LEXIS 3539, 1989 WL 69786

District Court of Appeal of Florida | Filed: Jun 21, 1989 | Docket: 1443080

Cited 3 times | Published

comply with the publication requirements of section 166.041, Florida Statutes, which the trial court held

Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah

688 F. Supp. 1522, 1988 U.S. Dist. LEXIS 5675, 1988 WL 63013

District Court, S.D. Florida | Filed: Jun 10, 1988 | Docket: 1959898

Cited 3 times | Published

definition is a legislative action. Florida Statute section 166.041(1)(a) defines "ordinance" as an "official Legislative

Town of Bay Harbor Islands v. Driggs

522 So. 2d 912, 1988 WL 18581

District Court of Appeal of Florida | Filed: Mar 8, 1988 | Docket: 1192013

Cited 3 times | Published

unconstitutional for failure to comply with section 166.041(3)(c)(2)(a), Florida Statutes (1976), which

Baywood Construction, Inc. v. City of Cape Coral

507 So. 2d 768, 12 Fla. L. Weekly 1321, 1987 Fla. App. LEXIS 8349

District Court of Appeal of Florida | Filed: May 22, 1987 | Docket: 460075

Cited 3 times | Published

enacted pursuant to the procedures set forth in section 166.041(3)(c)(2), *769 Florida Statutes (1979). In

City of Hallandale v. State Ex Rel. Zachar

371 So. 2d 186

District Court of Appeal of Florida | Filed: May 16, 1979 | Docket: 1786735

Cited 3 times | Published

invalid because they violate the provisions of Section 166.041, Florida Statutes (1973). Specifically, appellees

Neumont v. Florida

451 F.3d 1284, 2006 U.S. App. LEXIS 14536, 2006 WL 1628053

Court of Appeals for the Eleventh Circuit | Filed: Jun 14, 2006 | Docket: 65657401

Cited 2 times | Published

allege that Monroe violated Florida Statutes section 166.041. This section sets out procedures under which

Red-Eyed Jack, Inc. v. City of Daytona Beach

322 F. Supp. 2d 1361, 2004 U.S. Dist. LEXIS 12223, 2004 WL 1444723

District Court, M.D. Florida | Filed: Jun 1, 2004 | Docket: 2435073

Cited 2 times | Published

location under proceedings as provided in ... [section] 166.041(3)(c) ...."[10] A violation of Section 847

McLeod v. Orange County

645 So. 2d 411, 1994 WL 570638

Supreme Court of Florida | Filed: Oct 20, 1994 | Docket: 1222986

Cited 2 times | Published

91-17 pursuant to procedures established in section 166.041, Florida Statutes (1991), and not pursuant

HEALTHSOUTH DOCTORS'HOSP v. Hartnett

622 So. 2d 146

District Court of Appeal of Florida | Filed: Aug 10, 1993 | Docket: 1528953

Cited 2 times | Published

the requisite notice was not provided under Section 166.041(3)(a), Florida Statutes (1987). In 1977, the

Everett v. City of Tallahassee

840 F. Supp. 1528, 1993 U.S. Dist. LEXIS 18698, 1992 WL 554233

District Court, N.D. Florida | Filed: Jul 2, 1993 | Docket: 1782359

Cited 2 times | Published

failure to provide such notice violates both Section 166.041, Florida Statutes and the United States Constitution

City of Winter Springs v. Florida Land Co.

413 So. 2d 84, 1982 Fla. App. LEXIS 19693

District Court of Appeal of Florida | Filed: Mar 31, 1982 | Docket: 1344462

Cited 2 times | Published

complied with all procedural requirements of section 166.041(3)(c)(1), Florida Statutes (1979), pertaining

South Florida Equitable Fund LLC v. City of Miami

770 F. Supp. 2d 1269, 2011 U.S. Dist. LEXIS 31201, 2011 WL 913254

District Court, S.D. Florida | Filed: Mar 14, 2011 | Docket: 2340410

Cited 1 times | Published

challenge to an ordinance it purports to repeal. Section 166.041(3)(a) provides that a proposed ordinance "shall

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

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

Neumont v. Monroe County, Florida

280 F. Supp. 2d 1367, 2003 U.S. Dist. LEXIS 8641, 2003 WL 22100039

District Court, S.D. Florida | Filed: May 21, 2003 | Docket: 2368734

Cited 1 times | Published

provide adequate notice under the requirements of § 166.041, Fla. Stat. A.B.T., 664 F.Supp. at 489. Though

City of Pompano Beach v. Yardarm Restaurant, Inc.

834 So. 2d 861, 2002 Fla. App. LEXIS 14597, 2002 WL 31255439

District Court of Appeal of Florida | Filed: Oct 9, 2002 | Docket: 1328976

Cited 1 times | Published

permanent nature and enforceable as a local law." § 166.041(1)(a), Fla. Stat. (1983).

Wallace v. Leahy

496 So. 2d 970, 11 Fla. L. Weekly 2315

District Court of Appeal of Florida | Filed: Oct 31, 1986 | Docket: 428074

Cited 1 times | Published

circulation at least ten days prior to adoption. § 166.041, Fla. Stat. (1985); see also Op.Atty.Gen., 073-385

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

District Court of Appeal of Florida | Filed: Jul 31, 2024 | Docket: 68999083

Published

Town did not follow the notice provisions in section 166.041(3)(a), Florida Statutes (2019), prior to enacting

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

District Court of Appeal of Florida | Filed: May 17, 2023 | Docket: 66795954

Published

certified question asks: Whether section 166.041(3)(a), Florida Statutes (2018), requires

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

District Court of Appeal of Florida | Filed: Feb 8, 2023 | Docket: 66795954

Published

with certain notice requirements contained in section 166.041, Florida Statutes (2018), entitled “Procedures

SAVE CALUSA INC. v. MIAMI-DADE COUNTY

District Court of Appeal of Florida | Filed: Feb 1, 2023 | Docket: 66777661

Published

upon notice of the time, 3 Similarly, Section 166.041(6), Florida Statutes (2021), regulating municipalities

SAVE CALUSA INC. v. MIAMI-DADE COUNTY

District Court of Appeal of Florida | Filed: Nov 16, 2022 | Docket: 65757898

Published

potential effects on fish and wildlife. 2 Section 166.041(4), Florida Statutes (2021), provides, in pertinent

Costello v. City Of Archer

263 So. 3d 290

District Court of Appeal of Florida | Filed: Feb 8, 2019 | Docket: 64702858

Published

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

Costello v. City Of Archer

263 So. 3d 290

District Court of Appeal of Florida | Filed: Feb 8, 2019 | Docket: 64702857

Published

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

Costello v. City Of Archer

263 So. 3d 290

District Court of Appeal of Florida | Filed: Feb 8, 2019 | Docket: 64702857

Published

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

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

District Court of Appeal of Florida | Filed: Feb 8, 2019 | Docket: 14542926

Published

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

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

District Court of Appeal of Florida | Filed: Apr 14, 2016 | Docket: 3058412

Published

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

Anderson v. City of St. Pete Beach

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

District Court of Appeal of Florida | Filed: Oct 15, 2014 | Docket: 1447508

Published

failure to publish notice in accordance with section 166.041, Florida Statutes (2011). Finally, Anderson

Ago

Florida Attorney General Reports | Filed: Aug 25, 2010 | Docket: 3255913

Published

general or special law, or county charter.1 Section 166.041, Florida Statutes, sets forth the procedures

White v. Town of Inglis

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

District Court of Appeal of Florida | Filed: Aug 7, 2008 | Docket: 64855386

Published

R14-05 constitutes an “ordinance” as defined in section 166.041(l)(a), Florida Statutes (2005), and, because

Binford v. City of Winter Springs

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

District Court of Appeal of Florida | Filed: Nov 2, 2007 | Docket: 64853278

Published

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

Neumont v. Florida

610 F.3d 1249, 2010 WL 2629483

Court of Appeals for the Eleventh Circuit | Filed: Jun 14, 2006 | Docket: 206313

Published

allege that Monroe violated Florida Statutes section 166.041. This section sets out procedures under which

Watson Construction Co. v. City of Gainesville

433 F. Supp. 2d 1269, 2006 U.S. Dist. LEXIS 32432, 2006 WL 1418947

District Court, N.D. Florida | Filed: May 23, 2006 | Docket: 2397046

Published

FLORIDA STATUTES SECTION 166.041 Count IV alleges a violation of Florida Statutes section 166.041, which sets

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

856 So. 2d 1149, 2003 Fla. App. LEXIS 16180, 2003 WL 22446918

District Court of Appeal of Florida | Filed: Oct 29, 2003 | Docket: 64825829

Published

review denied, 821 So.2d 293 (Fla.2002). . Section 166.041(l)(a), Florida Statutes (1997) defines 'ordinance'

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Florida Attorney General Reports | Filed: Oct 11, 2002 | Docket: 3255934

Published

not satisfy the requirements of the statute. Section 166.041(3)(a), Florida Statutes, requires that, at

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Florida Attorney General Reports | Filed: Sep 3, 2002 | Docket: 3255905

Published

done in a different manner.7 You refer to section 166.041(7), Florida Statutes, which provides in part:

City of Miami v. ASS'N OF FIREFIGHTERS

744 So. 2d 555

District Court of Appeal of Florida | Filed: Oct 29, 1999 | Docket: 1721523

Published

to meet the single subject requirement of Section 166.041(2), Florida Statutes (1999) which relates to

Donmar Corp. II v. City of West Palm Beach

740 So. 2d 48, 1999 WL 174221

District Court of Appeal of Florida | Filed: Mar 31, 1999 | Docket: 1746382

Published

setting up such a veto power for its mayor. Section 166.041 defines the terms "ordinance" and "resolution

City of Sarasota v. 35 S. LEMON INC.

722 So. 2d 268, 1998 WL 879207

District Court of Appeal of Florida | Filed: Dec 18, 1998 | Docket: 1241732

Published

pursuant to the *269 procedures set forth in section 166.041(3)(a), Florida Statutes (1995). After the ordinances

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Florida Attorney General Reports | Filed: Apr 2, 1996 | Docket: 3258736

Published

to satisfy the publication requirements of section 166.041(3), Florida Statutes.1 The Pompano Ledger is

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Florida Attorney General Reports | Filed: Jan 5, 1996 | Docket: 3258814

Published

body pursuant to the procedures set forth in section 166.041, Florida Statutes, for nonemergency ordinances

M & a MANAGEMENT v. City of Melbourne

653 So. 2d 1050, 1995 Fla. App. LEXIS 3308, 1995 WL 137079

District Court of Appeal of Florida | Filed: Mar 31, 1995 | Docket: 1530029

Published

hall business venture. II. APPLICATION OF SECTION 166.041(3), F.S. (1993) In its complaint, the Plaintiff

Greenbarg v. Metropolitan Dade County Board of County Commissioners

618 So. 2d 760, 1993 Fla. App. LEXIS 5251, 1993 WL 152173

District Court of Appeal of Florida | Filed: May 11, 1993 | Docket: 64696427

Published

of the Board meeting, and the public hearing, § 166.041, Fla.Stat. (1989); § 125.001, Fla.Stat. (1989);

City of Tampa v. Redner

597 So. 2d 305, 1991 Fla. App. LEXIS 13256, 1991 WL 272678

District Court of Appeal of Florida | Filed: Dec 20, 1991 | Docket: 64666748

Published

failed to comply with the requirements of section 166.-041(3)(c), Florida Statutes (1983). We find that

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Florida Attorney General Reports | Filed: Jan 16, 1990 | Docket: 3255208

Published

ordinances and charter provisions govern.3 Section 166.041, Florida Statutes, establishes a uniform procedure

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Florida Attorney General Reports | Filed: Aug 24, 1989 | Docket: 3257965

Published

Section 163.3181(1), F.S. 11 Id. 12 Id. 13 Section 166.041(3)(c), F.S. 14 While I am not advised of the

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Florida Attorney General Reports | Filed: Aug 24, 1989 | Docket: 3257965

Published

Section 163.3181(1), F.S. 11 Id. 12 Id. 13 Section 166.041(3)(c), F.S. 14 While I am not advised of the

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Florida Attorney General Reports | Filed: May 15, 1989 | Docket: 3259045

Published

comply with the single subject requirement of section 166.041(2), Florida Statutes? In sum, it is my opinion

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Florida Attorney General Reports | Filed: Feb 14, 1986 | Docket: 3256433

Published

enact municipal ordinances or resolutions. Section 166.041, F.S., of the Municipal Home Rule Powers Act

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Florida Attorney General Reports | Filed: May 22, 1985 | Docket: 3258904

Published

a quorum present) to take official action. Section 166.041, F.S., establishes a uniform procedure for

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Florida Attorney General Reports | Filed: Jul 12, 1984 | Docket: 3257034

Published

family/hotel districts by special exception. Section 166.041, F.S., establishes a uniform procedure for

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Florida Attorney General Reports | Filed: Oct 29, 1982 | Docket: 3257373

Published

enforceable as a local law.' See also, AGO 075-171. Section 166.041 generally sets forth the procedures for adoption

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Florida Attorney General Reports | Filed: Sep 28, 1981 | Docket: 3257433

Published

are not required to) be read by title only. Section 166.041, F.S., establishes a uniform procedure for

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Florida Attorney General Reports | Filed: Apr 29, 1981 | Docket: 3258092

Published

controlled by the provisions of s. 166.041. Section 166.041, F.S., establishes a uniform procedure for

SCA Services of Florida, Inc. v. City of Tallahassee

393 So. 2d 35, 1981 Fla. App. LEXIS 19405

District Court of Appeal of Florida | Filed: Jan 16, 1981 | Docket: 64579990

Published

governing body and prior to the referendum. In Section 166.041(4), Fla. Stat. (1979), which sets out the uniform

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Florida Attorney General Reports | Filed: Dec 30, 1980 | Docket: 3258500

Published

special notice provisions of s. 166.041(3)(c). Section 166.041, F. S., establishes a uniform procedure for

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Florida Attorney General Reports | Filed: Mar 8, 1979 | Docket: 3255949

Published

restrictive than the provisions of s. 166.041(4). Section 166.041(6) authorizes municipalities to provide for

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Florida Attorney General Reports | Filed: Dec 12, 1978 | Docket: 3256789

Published

166, F. S., specifically address the issue. Section 166.041(1)(a), F. S., however, defines `ordinance'

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Florida Attorney General Reports | Filed: Jan 10, 1978 | Docket: 3258028

Published

by municipalities in enacting ordinances. Section 166.041(3). Therefore, I also assume that Sanibel has

County of Escambia v. Herring

343 So. 2d 63, 1977 Fla. App. LEXIS 15415

District Court of Appeal of Florida | Filed: Feb 25, 1977 | Docket: 64557452

Published

give reasonable notice of its scope. But see § 166.041(2), Fla.Stat. (1975).

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Florida Attorney General Reports | Filed: Nov 16, 1976 | Docket: 3258088

Published

ordinances which rezone private real property. Section 166.041(3)(d) provides in part as follows: (d) Enactment

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Florida Attorney General Reports | Filed: Sep 23, 1976 | Docket: 3256011

Published

notice "at least 14 days prior to adoption." Section 166.041(3)(a), F. S., formerly provided in part that

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Florida Attorney General Reports | Filed: Jan 8, 1976 | Docket: 3257072

Published

"ordinance" and "resolution" contained in section 166.041, Florida Statutes, it would appear that, at

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Florida Attorney General Reports | Filed: Nov 14, 1975 | Docket: 3256996

Published

home rule powers is an ordinance. Accord: Section 166.041 as to municipal action of "a general and permanent

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Florida Attorney General Reports | Filed: Aug 28, 1975 | Docket: 3258138

Published

proposed ordinance. (Emphasis supplied.) [Section 166.041(3)(a), F.S.] In contrast, s. 171.044, F.S.

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Florida Attorney General Reports | Filed: Jun 13, 1975 | Docket: 3256209

Published

"ordinance" and "resolution" contained in section 166.041, Florida Statutes, it would appear that, at

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Florida Attorney General Reports | Filed: May 23, 1974 | Docket: 3258174

Published

administrative business of the governing body. Section 166.041(4), F.S., provides: (4) A majority of the members