Florida Statute 166.42 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XII
MUNICIPALITIES

Chapter 166
MUNICIPALITIES

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F.S. 166.042

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.

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Amendments to 166.042

Annotations, Discussions, Cases:

Cases Citing Statute 166.042

Total Results: 18

City of Boca Raton v. Gidman

440 So. 2d 1277, 1983 Fla. LEXIS 2904

Supreme Court of Florida | Filed: Nov 10, 1983 | Docket: 1430093

Cited 54 times | Published

Powers Act. In reference to the deletion, section 166.042, Florida Statutes (1979), provides: 166.042

City of Temple Terrace v. HILLSBOROUGH ASS'N, ETC.

322 So. 2d 571, 1975 Fla. App. LEXIS 18792

District Court of Appeal of Florida | Filed: Oct 10, 1975 | Docket: 1734690

Cited 32 times | Published

prohibited...." In the passage of Fla. Stat. § 166.042 (1973), the legislature repealed the legislative

Gw Devel. Corp. v. Village of No. Palm Beach Zb of A.

317 So. 2d 828

District Court of Appeal of Florida | Filed: Jul 25, 1975 | Docket: 1315807

Cited 19 times | Published

whether such provision, now codified as Fla. Stat. § 166.042 (1973) would enable a municipality, by ordinance

Cowart v. City of Ocala, Fla.

478 F. Supp. 774, 1979 U.S. Dist. LEXIS 9234

District Court, M.D. Florida | Filed: Oct 11, 1979 | Docket: 1749542

Cited 8 times | Published

by law. Fla.Const. art. VIII § 2(b); Fla.Stat. § 166.042. The Ocala City Charter, enacted as Chapter 67-1782

Pleasures II Adult Video, Inc. v. City of Sarasota

833 So. 2d 185, 2002 WL 31757000

District Court of Appeal of Florida | Filed: Dec 11, 2002 | Docket: 1675642

Cited 5 times | Published

73-129, § 5, at 248, Laws of Fla.; see also § 166.042, Fla. Stat. (1997). The City contended this statement

Chavez v. City of Key West

15 F. Supp. 2d 1301, 1998 U.S. Dist. LEXIS 12820, 1998 WL 484384

District Court, S.D. Florida | Filed: Apr 30, 1998 | Docket: 2182282

Cited 1 times | Published

conditions which they choose to prescribe. Fla. Stat. § 166.042(1). Turning to the third and fourth factors, Key

THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA v. THE CITY OF MIAMI BEACH, FLORIDA

District Court of Appeal of Florida | Filed: Feb 24, 2021 | Docket: 59678193

Published

sovereign immunity as a matter of law pursuant to Section 166.042, Florida Statutes and Section 167.01, Florida

Smith v. Harvey

648 F. Supp. 1103, 42 Fair Empl. Prac. Cas. (BNA) 796, 1986 U.S. Dist. LEXIS 19448

Florida Attorney General Reports | Filed: Sep 6, 1974 | Docket: 3258981

Published

the county in which such court is located. Section 166.042, F.S., expresses the legislative intent to