Florida Statutes

Fla. Stat. § 166.042 (2025)

Legislative intent.

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166.042 Legislative intent.—

(1) It is the legislative intent that the repeal by chapter 73-129, Laws of Florida, of chapters 167, 168, 169, 172, 174, 176, 178, 181, 183, and 184 of Florida Statutes shall not be interpreted to limit or restrict the powers of municipal officials, but shall be interpreted as a recognition of constitutional powers. It is, further, the legislative intent to recognize residual constitutional home rule powers in municipal government, and the Legislature finds that this can best be accomplished by the removal of legislative direction from the statutes. It is, further, the legislative intent that municipalities shall continue to exercise all powers heretofore conferred on municipalities by the chapters enumerated above, but shall hereafter exercise those powers at their own discretion, subject only to the terms and conditions which they choose to prescribe.

(2) Nothing contained in s. 5, chapter 73-129, Laws of Florida, shall be interpreted to impair any claim against a municipality or to affect the validity of any bonds or obligations issued under authority of any of the chapters enumerated in subsection (1).

History.—s. 5, ch. 73-129.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1975–2021 · leading case: City of Boca Raton v. Gidman, 440 So. 2d 1277 (Fla. 1983).

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City of Boca Raton v. Gidman, 440 So. 2d 1277 (Fla. 1983). · cites it 2× “In reference to the deletion, section 166.042, Florida Statutes (1979), provides: 166.”

City of Gainesville v. Florida Power & Light Co., 488 F. Supp. 1258 (S.D. Fla. 1980). · cites it 2× “); Fla.Stat. § 166.042(1); State v. Dade County, 142 So.”

Pleasures II Adult Video, Inc. v. City of Sarasota, 833 So. 2d 185 (Fla. 2d DCA 2002). · cites it 2× “; see also § 166.042, Fla. Stat. (1997). The City contended this statement of legislative intent accords it the same authority to confer jurisdiction on circuit courts as that previously reposited in section 176.”

City of Temple Terrace v. HILLSBOROUGH ASS'N, ETC., 322 So. 2d 571 (Fla. 2d DCA 1975). · cites it 2× “" In the passage of Fla. Stat. § 166.042 (1973), the legislature repealed the legislative grant of zoning power (what had been Chapter 176) in recognition that the zoning power of municipalities now comes directly from the Constitution.”

Gw Devel. Corp. v. Vill. of No. Palm Beach Zb of A., 317 So. 2d 828 (Fla. 4th DCA 1975). · cites it 2× “We expressly do not here decide the question of whether such provision, now codified as Fla. Stat. § 166.042 (1973) would enable a municipality, by ordinance, to confer upon the circuit court statutory certiorari jurisdiction of the type formerly authorized by Fla.”

Cowart v. City of Ocala, Fla., 478 F. Supp. 774 (M.D. Fla. 1979). · cites it 2× “VIII § 2(b); Fla.Stat. § 166.042. The Ocala City Charter, enacted as Chapter 67-1782, Laws of Florida, provides that the city may zone lands within its corporate limits by regulation of buildings, density, location, and other purposes.”

Chavez v. City of Key West, 15 F. Supp. 2d 1301 (S.D. Fla. 1998). · cites it 2× “Fla. Stat. § 166.042 (1). Turning to the third and fourth factors, Key West has not averred that the State of Florida funds the city’s general operations or its police operations and has not stated that the State of Florida is responsible for Key West’s debts.”

The Sch. Bd. of Miami-dade Cnty., Florida v. The City of Miami Beach, Florida (Fla. 3d DCA 2021). · cites it 4× “The trial court denied the motion and specifically found the School Board “is not entitled to sovereign immunity as a matter of law pursuant to Section 166.042, Florida Statutes and Section 167.”

Smith v. Harvey, 648 F. Supp. 1103 (M.D. Fla. 1986). “§ 166.042 (legislative intent); Fla. Const, art.”

Neff v. Bowmer, 1 Fla. Supp. 2d 104 (Fla. Cir. Ct., Hillsborough Cty. 1981). “Section 166.042, Fla. Stat., demonstrates the legislative intent by abolishing Chapter 176, Fla.”

Redner v. City of Tampa, 41 Fla. Supp. 2d 57 (Fla. Cir. Ct. 1990). “, section 166.042(3)(c). (Cite omitted) At Page 599.”

— 166.042(1) — 2 cases

City of Gainesville v. Florida Power & Light Co., 488 F. Supp. 1258 (S.D. Fla. 1980). “); Fla.Stat. § 166.042(1); State v. Dade County, 142 So.”

The Sch. Bd. of Miami-dade Cnty., Florida v. The City of Miami Beach, Florida (Fla. 3d DCA 2021). “The trial court denied the motion and specifically found the School Board “is not entitled to sovereign immunity as a matter of law pursuant to Section 166.042, Florida Statutes and Section 167.”

— 166.042(3)(c) — 1 case

Redner v. City of Tampa, 41 Fla. Supp. 2d 57 (Fla. Cir. Ct. 1990). “, section 166.042(3)(c). (Cite omitted) At Page 599.”

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