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Florida Statute 166.041 | Lawyer Caselaw & Research
F.S. 166.041 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

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.
(c) This subsection does not apply to:
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. Part II of chapter 163, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements, and development permits;
b. Sections 190.005 and 190.046;
c. Section 553.73, relating to the Florida Building Code; or
d. 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.

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 from cite.case.law:

M. COSTELLO, v. CITY OF ARCHER, LLC,, 263 So. 3d 290 (Fla. App. Ct. 2019)

. . . Clay County Zoning Comm'n , 225 So.2d 555 (Fla. 1st DCA 1969) ; see also § 166.041(7), Fla. . . .

JULIAN, v. BAY COUNTY DISTRICT SCHOOL BOARD,, 189 So. 3d 310 (Fla. Dist. Ct. App. 2016)

. . . Indeed, section 166.041, Florida Statutes (2011), which governs municipalities, defines “ordinance” as . . .

ANDERSON, v. CITY OF ST. PETE BEACH, a St., 161 So. 3d 548 (Fla. Dist. Ct. App. 2014)

. . . 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 . . .

SOUTH FLORIDA EQUITABLE FUND LLC, v. CITY OF MIAMI, FLORIDA,, 770 F. Supp. 2d 1269 (S.D. Fla. 2011)

. . . 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 . . .

BAY COUNTY, v. TOWN OF CEDAR GROVE, v., 992 So. 2d 164 (Fla. 2008)

. . . 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 . . .

A. WHITE, v. TOWN OF INGLIS,, 988 So. 2d 163 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .

A. BINFORD, v. CITY OF WINTER SPRINGS,, 969 So. 2d 1098 (Fla. Dist. Ct. App. 2007)

. . . Section 166.041(3)(C), Florida Statutes (2006), requires that proposed ordinances which change the "list . . .

WATSON CONSTRUCTION COMPANY, v. CITY OF GAINESVILLE,, 244 F. App'x 274 (11th Cir. 2007)

. . . 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 . . .

JEFFREY O. v. CITY OF BOCA RATON,, 511 F. Supp. 2d 1339 (S.D. Fla. 2007)

. . . . § 166.041. . . .

J. NEUMONT, F. J. v. FLORIDA,, 451 F.3d 1284 (11th Cir. 2006)

. . . In Plaintiffs’ Second Amended Complaint, they allege that Monroe violated Florida Statutes section 166.041 . . .

WATSON CONSTRUCTION COMPANY INC. a v. CITY OF GAINESVILLE, a, 433 F. Supp. 2d 1269 (N.D. Fla. 2006)

. . . 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 . . .

RED- EYED JACK, INC. a v. CITY OF DAYTONA BEACH, a a s, v. a, 322 F. Supp. 2d 1361 (M.D. Fla. 2004)

. . . [section] 166.041(3)(c) ....” A violation of Section 847.0134 constitutes a third-degree felony. . . .

M. SHULMISTER, v. E. LARKINS, I. L. K. E. K. a, 856 So. 2d 1149 (Fla. Dist. Ct. App. 2003)

. . . 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 . . .

CITY OF COCOA BEACH, v. VACATION BEACH, INC., 852 So. 2d 358 (Fla. Dist. Ct. App. 2003)

. . . . § 166.041(l)(a), Fla. Stat. (2001); City of Miami v. Rosen, 151 Fla. 677, 10 So.2d 307 (1942). . . .

J. NEUMONT, v. MONROE COUNTY, FLORIDA,, 280 F. Supp. 2d 1367 (S.D. Fla. 2003)

. . . 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 . . .

GALAXY FIREWORKS, INC. v. CITY OF ORLANDO,, 842 So. 2d 160 (Fla. Dist. Ct. App. 2003)

. . . impair the use of land are invalid if they were not enacted with the formality required under section 166.041 . . .

CITY OF POMPANO BEACH, v. YARDARM RESTAURANT, INC., 834 So. 2d 861 (Fla. Dist. Ct. App. 2002)

. . . .” § 166.041 (l)(a), Fla. Stat. (1983). . . .

CITY OF NORTH LAUDERDALE, v. SMM PROPERTIES, INC., 825 So. 2d 343 (Fla. 2002)

. . . with home rule powers under article VIII, section 2(b), Florida Constitution and sections 166.021 and 166.041 . . .

ORANGE COUNTY, v. COSTCO WHOLESALE CORPORATION,, 823 So. 2d 732 (Fla. 2002)

. . . general welfare of the community under proceedings as provided in s. 125.66(4), for counties, and s. 166.041 . . .

COLEMAN, v. CITY OF KEY WEST, v., 807 So. 2d 84 (Fla. Dist. Ct. App. 2001)

. . . 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 . . .

TOWN OF LAUDERDALE- BY- THE- SEA, a v. MERETSKY, 773 So. 2d 1245 (Fla. Dist. Ct. App. 2000)

. . . trial court opined that the permissive use was on “the same level of an ordinance” but under section 166.041 . . .

WEBB, v. TOWN COUNCIL OF TOWN OF HILLIARD, I., 766 So. 2d 1241 (Fla. Dist. Ct. App. 2000)

. . . ordinances which substantially affect the use of land must comply strictly with the notice requirements of § 166.041 . . .

CITY OF MIAMI E. P. v. MIAMI ASSOCIATION OF FIREFIGHTERS, LOCAL Of M. T., 744 So. 2d 555 (Fla. Dist. Ct. App. 1999)

. . . that the City’s proposal is invalid because it fails to meet the single subject requirement of Section 166.041 . . .

LAMAR ADVERTISING OF MOBILE, INC. TLC v. CITY OF LAKELAND, FLORIDA, a, 189 F.R.D. 480 (M.D. Fla. 1999)

. . . 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 . . .

DONMAR CORPORATION II, a d b a v. CITY OF WEST PALM BEACH, a a, 740 So. 2d 48 (Fla. Dist. Ct. App. 1999)

. . . Section 166.041 defines the terms “ordinance” and “resolution,” but the definition creates no conflict . . . See § 166.041(1), Fla. . . .

FLEEMAN, v. CITY OF ST. AUGUSTINE BEACH,, 728 So. 2d 1178 (Fla. Dist. Ct. App. 1998)

. . . amendments if the local government complies with the provisions in s. 125.66(4)(a) for a county or in s. 166.041 . . .

CITY OF SARASOTA, a v. S. LEMON, INC., 722 So. 2d 268 (Fla. Dist. Ct. App. 1998)

. . . Ordinance and the Permitting Ordinance were adopted pursuant to the procedures set forth in section 166.041 . . .

BROOKS v. WATCHTOWER BIBLE AND TRACT SOCIETY OF FLORIDA, INC. a a, 706 So. 2d 85 (Fla. Dist. Ct. App. 1998)

. . . 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 . . .

LADY J. LINGERIE, INC. v. CITY OF JACKSONVILLE, R. HOWARD, v. CITY OF JACKSONVILLE,, 973 F. Supp. 1428 (M.D. Fla. 1997)

. . . 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). . . .

M A MANAGEMENT CORP. v. CITY OF MELBOURNE, FLORIDA,, 653 So. 2d 1050 (Fla. Dist. Ct. App. 1995)

. . . 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 . . .

CHARTER REVIEW COMMISSION OF ORANGE COUNTY, v. SCOTT,, 647 So. 2d 835 (Fla. 1994)

. . . 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 . . .

A. McLEOD, v. ORANGE COUNTY,, 645 So. 2d 411 (Fla. 1994)

. . . 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. . . .

N. FEDERAL HIGHWAY, INC. d b a v. BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, a B., 646 So. 2d 215 (Fla. Dist. Ct. App. 1994)

. . . .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 . . .

CHARTER REVIEW COMMISSION OF ORANGE COUNTY, v. SCOTT, T. K., 627 So. 2d 520 (Fla. Dist. Ct. App. 1993)

. . . Constitution); § 125.67, Fla.Stat. (1991) (applying the single subject rule to county ordinances); § 166.041 . . .

HEALTHSOUTH DOCTORS HOSPITAL, INC. a v. J. HARTNETT, J., 622 So. 2d 146 (Fla. Dist. Ct. App. 1993)

. . . 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 . . .

GREENBARG, v. METROPOLITAN DADE COUNTY BOARD OF COUNTY COMMISSIONERS,, 618 So. 2d 760 (Fla. Dist. Ct. App. 1993)

. . . find that the public was provided reasonable notice of the Board meeting, and the public hearing, § 166.041 . . .

A. EVERETT, v. CITY OF TALLAHASSEE, a, 840 F. Supp. 1528 (N.D. Fla. 1992)

. . . 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 . . .

J. SNAIR, v. CITY OF CLEARWATER,, 787 F. Supp. 1401 (M.D. Fla. 1992)

. . . subsequently declared void because it had been improperly advertised, under Florida Statutes, section 166.041 . . .

S. JENNINGS, v. DADE COUNTY, 589 So. 2d 1345 (Fla. Dist. Ct. App. 1991)

. . . Fla. 3d DCA 1987) (en banc), rev. denied, 529 So.2d 694 (Fla.1988), by statute, sections 163.3161 and 166.041 . . .

REDNER v. STATE OF FLORIDA, 47 Fla. Supp. 2d 76 (Fla. Cir. Ct. 1991)

. . . 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 . . .

REDNER, v. CITY OF TAMPA, 48 Fla. Supp. 2d 69 (Fla. Cir. Ct. 1991)

. . . 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 . . .

CHURCH OF SCIENTOLOGY FLAG SERVICES ORG. INC. v. CITY OF CLEARWATER,, 756 F. Supp. 1498 (M.D. Fla. 1991)

. . . Constitution; sections 2, 3, 4, 5, 9, 17, and 23 of Article I of the Florida Constitution; Florida Statutes § 166.041 . . .

M. BARRY, AD HOC Lt. E. F. V. W. A. v. GARCIA, a, 573 So. 2d 932 (Fla. Dist. Ct. App. 1991)

. . . Sec. 166.041(l)(a), Fla.Stat. (1987). . . . Sec. 166.041(l)(b), Fla. Stat. (1987). . . .

REEVES v. STATE OF FLORIDA, 43 Fla. Supp. 2d 72 (Fla. Cir. Ct. 1990)

. . . 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 . . .

REDNER, v. CITY OF TAMPA, 41 Fla. Supp. 2d 57 (Fla. Cir. Ct. 1990)

. . . 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 . . .

SOUTHERN ENTERTAINMENT COMPANY OF FLORIDA, INC. v. CITY OF BOYNTON BEACH,, 736 F. Supp. 1094 (S.D. Fla. 1990)

. . . 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. . . . .

DeSISTO COLLEGE, INC. E. v. P. LINE,, 888 F.2d 755 (11th Cir. 1989)

. . . .-3215 and 166.041. . Fed.R.Civ.P. 8 states in pertinent part: . . . .

CITY OF MARGATE, v. AMOCO OIL COMPANY,, 546 So. 2d 1091 (Fla. Dist. Ct. App. 1989)

. . . they were not properly enacted since they did not comply with the publication requirements of section 166.041 . . .

HOLLYWOOD, FLORIDA COMMUNITY REDEVELOPMENT AGENCY, v. SAADA,, 43 Fla. Supp. 2d 161 (Fla. Cir. Ct. 1989)

. . . Stat. 166.041; Thorn v Florida Real Estate Commission, 146 SO.2d 907 (Fla. 1962); DeGroot v Sheffield . . .

DAYTONA LEISURE CORP. v. CITY OF DAYTONA BEACH,, 539 So. 2d 597 (Fla. Dist. Ct. App. 1989)

. . . 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 . . .

CHURCH OF THE LUKUMI BABALU AYE, INC. a v. CITY OF HIALEAH, D, 688 F. Supp. 1522 (S.D. Fla. 1988)

. . . 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). . . .

TOWN OF BAY HARBOR ISLANDS, v. DRIGGS H. D. W., 522 So. 2d 912 (Fla. Dist. Ct. App. 1988)

. . . 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, . . .

L. MACHADO, v. MUSGROVE,, 519 So. 2d 629 (Fla. Dist. Ct. App. 1987)

. . . . § 166.041(l)(a), Fla.Stat. (1985). . . .

A. B. T. CORPORATION, INC. v. CITY OF FORT LAUDERDALE, FLORIDA, a, 664 F. Supp. 488 (S.D. Fla. 1987)

. . . 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). . . . .

BAYWOOD CONSTRUCTION, INC. E. v. CITY OF CAPE CORAL,, 507 So. 2d 768 (Fla. Dist. Ct. App. 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 . . .

BUCHHOLZ v. CLEARWATER DEVELOPMENT CODE ADJUSTMENT BOARD KEY SAND ASSOCIATES, LTD., 27 Fla. Supp. 2d 198 (Fla. Div. Admin. Hearings 1987)

. . . 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 . . .

W. LITTLE, v. CITY OF NORTH MIAMI, V. Jr. P. A. f k a, 805 F.2d 962 (11th Cir. 1986)

. . . . § 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). . . .

WALLACE, v. LEAHY,, 496 So. 2d 970 (Fla. Dist. Ct. App. 1986)

. . . . § 166.041, Fla.Stat. (1985); see also Op.Atty.Gen., 073-385, Oct. 12, 1973. . . .

C. DAVID, s d b a s a v. CITY OF DUNEDIN, a F. G., 473 So. 2d 304 (Fla. Dist. Ct. App. 1985)

. . . 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 . . .

L. FOUNTAIN Jo v. CITY OF JACKSONVILLE,, 447 So. 2d 353 (Fla. Dist. Ct. App. 1984)

. . . 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 . . .

VES CARPENTER CONTRACTORS, INC. v. CITY OF DANIA, a, 422 So. 2d 342 (Fla. Dist. Ct. App. 1982)

. . . Section 166.041(3)(b), Florida Statutes (1981). . . .

B. M. Z. CORPORATION, v. CITY OF OAKLAND PARK,, 415 So. 2d 735 (Fla. Dist. Ct. App. 1982)

. . . 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 . . .

CITY OF GAINESVILLE, v. GNV INVESTMENTS, INC. a d b a, 413 So. 2d 770 (Fla. Dist. Ct. App. 1982)

. . . In this case, the City of Gainesville has a specific grant of power concerning zoning, Section 166.041 . . .

CITY OF SANIBEL, E. J. Jr. v. F. BUNTROCK R. Jr., 409 So. 2d 1073 (Fla. Dist. Ct. App. 1981)

. . . 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 . . .

NEFF v. BOWMER, 1 Fla. Supp. 2d 104 (Hillsborough Cty. Cir. Ct. 1981)

. . . The Attorney General in an opinion concerning §166.041, Fla. . . .

SCA SERVICES OF FLORIDA, INC. v. CITY OF TALLAHASSEE, a TIMBERLANE SHOPS ON SQUARE, INC. v. CITY OF TALLAHASSEE,, 393 So. 2d 35 (Fla. Dist. Ct. App. 1981)

. . . In Section 166.041(4), Fla. . . .

MARRIOTT CORPORATION, a v. METROPOLITAN DADE COUNTY,, 383 So. 2d 662 (Fla. Dist. Ct. App. 1980)

. . . .” § 166.041(1)(b), Fla.Stat. (1977). . . .

CITY OF HALLANDALE, a Jr. v. STATE H. ZACHAR, 371 So. 2d 186 (Fla. Dist. Ct. App. 1979)

. . . 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 . . .

CITY OF ST. PETERSBURG, a M. St. a v. W. AUSTIN N., 355 So. 2d 486 (Fla. Dist. Ct. App. 1978)

. . . 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 . . .

R. STONE R. v. TOWN OF MEXICO BEACH,, 348 So. 2d 40 (Fla. Dist. Ct. App. 1977)

. . . titles to ordinances 35 and 50 of the Town of Mexico Beach were not legally sufficient under Section 166.041 . . .

COUNTY OF ESCAMBIA, v. HERRING, 343 So. 2d 63 (Fla. Dist. Ct. App. 1977)

. . . But see § 166.041(2), Fla.Stat. (1975). . . .

JORDAN CHAPEL FREEWILL BAPTIST CHURCH, a v. DADE COUNTY, a, 334 So. 2d 661 (Fla. Dist. Ct. App. 1976)

. . . 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 . . .