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Florida Statute 166.031 | Lawyer Caselaw & Research
F.S. 166.031 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. 166.031
166.031 Charter amendments.
(1) The governing body of a municipality may, by ordinance, or the electors of a municipality may, by petition signed by 10 percent of the registered electors as of the last preceding municipal general election, submit to the electors of said municipality a proposed amendment to its charter, which amendment may be to any part or to all of said charter except that part describing the boundaries of such municipality. The governing body of the municipality shall place the proposed amendment contained in the ordinance or petition to a vote of the electors at the next general election held within the municipality or at a special election called for such purpose.
(2) Upon adoption of an amendment to the charter of a municipality by a majority of the electors voting in a referendum upon such amendment, the governing body of said municipality shall have the amendment incorporated into the charter and shall file the revised charter with the Department of State. All such amendments are effective on the date specified therein or as otherwise provided in the charter.
(3) A municipality may amend its charter pursuant to this section notwithstanding any charter provisions to the contrary. This section shall be supplemental to the provisions of all other laws relating to the amendment of municipal charters and is not intended to diminish any substantive or procedural power vested in any municipality by present law. A municipality may, by ordinance and without referendum, redefine its boundaries to include only those lands previously annexed and shall file said redefinition with the Department of State pursuant to the provisions of subsection (2).
(4) There shall be no restrictions by the municipality on any employee’s or employee group’s political activity, while not working, in any referendum changing employee rights.
(5) A municipality may, by unanimous vote of the governing body, abolish municipal departments provided for in the municipal charter and amend provisions or language out of the charter which has been judicially construed, either by judgment or by binding legal precedent from a decision of a court of last resort, to be contrary to either the State Constitution or Federal Constitution.
(6) Each municipality shall, by ordinance or charter provision, provide procedures for filling a vacancy in office caused by death, resignation, or removal from office. Such ordinance or charter provision shall also provide procedures for filling a vacancy in candidacy caused by death, withdrawal, or removal from the ballot of a qualified candidate following the end of the qualifying period which leaves fewer than two candidates for an office.
History.s. 1, ch. 73-129; s. 1, ch. 86-95; s. 1, ch. 90-106; s. 43, ch. 90-315; s. 45, ch. 94-136.

F.S. 166.031 on Google Scholar

F.S. 166.031 on Casetext

Amendments to 166.031


Arrestable Offenses / Crimes under Fla. Stat. 166.031
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 166.031.



Annotations, Discussions, Cases:

Cases from cite.case.law:

MULLEN, v. BAL HARBOUR VILLAGE,, 241 So. 3d 949 (Fla. App. Ct. 2018)

. . . Plaintiffs' effort to secure passage of two amendments to the Village Charter, pursuant to section 166.031 . . . adding a "requirement" for petition drives to amend the Village Charter-not contained in either section 166.031 . . . Plaintiffs argued that, because nothing in section 166.031, the Village Charter or Village Code required . . . Section 166.031 governs municipal charter amendment elections. . . . Section 166.031(1) provides, in relevant part, as follows: [E]lectors of a municipality may, by petition . . .

SUBIRATS, v. FIDELITY NATIONAL PROPERTY,, 106 So. 3d 997 (Fla. Dist. Ct. App. 2013)

. . . filed, pursuant to Section 627.7015, Florida Statutes (2009), and Florida Administrative Code Rule 69J-166.031 . . . R. 69J-166.031(4)(a)(l). It is there the Department exceeded its charge. . . . Our glancing reference to Rule 69J-166.031 in a footnote in the opinion was clearly dicta. . . . The Appellants cite no case holding that violation of Rule 69J-166.031(4)(a)(l) results in a waiver of . . . See Rule 69J-166.031(4)(a)(4). . . .

CITY OF RIVIERA BEACH, a v. RIVIERA BEACH CITIZENS TASK FORCE, a, 87 So. 3d 18 (Fla. Dist. Ct. App. 2012)

. . . certification with the City asserting that the Task Force’s petition was in accordance with section 166.031 . . . However, section 166.031 describes the method by which the City and citizens may initiate a charter amendment . . . any part or to all of said charter except that part describing the boundaries of such municipality. § 166.031 . . . The trial court found that section 166.031 does not require the passage of a resolution. . . . submitted the provision for placement on the ballot, it would have violated its duty under section 166.031 . . .

STATE FARM FLORIDA INSURANCE COMPANY, v. UNLIMITED RESTORATION SPECIALISTS, INC., 84 So. 3d 390 (Fla. Dist. Ct. App. 2012)

. . . Unlimited Restoration relied in support of its position principally upon Rule 69B-166.031(10)(c), Florida . . . relied on Rule 690-166.031(10)(c), Florida Administrative Code. . . . In September 2008, Rule 69B-166.031 was transferred to Rule 69J-166.031. . . . identical to Rule 690-166.031, and both rules included the language relied upon by the lower courts . . . Rule 690-166.031, however, was not similarly amended. . . . .

GASSMAN, v. STATE FARM FLORIDA INSURANCE COMPANY,, 77 So. 3d 210 (Fla. Dist. Ct. App. 2011)

. . . Code R. 69J-166.031(4)(a)l. . . . The Third District concluded: The plain language of section 627.7015, as well as that of rule 69-166.031 . . .

UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY, v. COLOSIMO, 61 So. 3d 1241 (Fla. Dist. Ct. App. 2011)

. . . The statutory requirements are further clarified in rule 69J-166.031 of the Florida Administrative Code . . . Code R. 69J-166.031(1) & 4(a)1-3 (emphasis added). . . . Code R. 69-166.031. . . . Code R. 69J-166.031. . . . Code R. 69J-166.031 (4)(a)(1). . . .

CITIZENS FOR POLICE ACCOUNTABILITY POLITICAL COMMITTEE, v. S. BROWNING, L., 572 F.3d 1213 (11th Cir. 2009)

. . . . § 166.031(1). . . .

CITIZENS FOR POLICE ACCOUNTABILITY POLITICAL COMMITTEE, v. S. BROWNING, L., 581 F. Supp. 2d 1164 (M.D. Fla. 2008)

. . . . § 166.031(1) (2007). . . .

CITIZENS FOR RESPONSIBLE GROWTH, a v. CITY OF ST. PETE BEACH, a, 940 So. 2d 1144 (Fla. Dist. Ct. App. 2006)

. . . or Plan Amendment is approved by the electors in a referendum as provided in Florida statute Section 166.031 . . . redevelopment plan is submitted to a vote of the electors by referendum as provided by Florida Statutes Section 166.031 . . . such amendment is submitted to a vote of the electors by referendum as provided by Florida Statute S. 166.031 . . .

GUETZLOE v. CITY OF DAYTONA BEACH,, 901 So. 2d 415 (Fla. Dist. Ct. App. 2005)

. . . once he obtained 6,843 signatures (thereby meeting the 10% statutory threshold set forth in section 166.031 . . . did not automatically constitute compliance with the 10% threshold requirement set forth in section 166.031 . . . Section 166.031 of the Florida Statutes (2001) provides: 166.031. . . .

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

. . . Initiative Petition containing the proposed amendment was circulated by the Committee pursuant to section 166.031 . . . Section 166.031(1) provides in relevant part: The governing body of a municipality may, by ordinance, . . .

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

. . . In August of 2001, pursuant to section 166.031, Florida Statutes (2001), citizens of City initiated petitions . . . This code provision does nothing other than acknowledge what section 166.031(2) already provides—that . . . to suggest that the council’s involvement is tantamount to “adoption” ignores the fact that section 166.031 . . .

M. SHULMISTER, v. CITY OF POMPANO BEACH, a, 798 So. 2d 799 (Fla. Dist. Ct. App. 2001)

. . . We hold that because section 166.031(1), Florida Statutes (2000), requires the governing body to place . . . Appellant’s petition for a charter amendment was required to comply with section 166.031(1), which provides . . . See § 166.031(1), Fla. Stat. . . . The legislature could have included that requirement in section 166.031(1), but it did not. . . .

FLORIDA SELECT INSURANCE COMPANY, v. KEELEAN,, 727 So. 2d 1131 (Fla. Dist. Ct. App. 1999)

. . . and offered to mediate the matter pursuant to section 627.7015, Florida Statutes (1995), and Rule 4-166.031 . . .

ENNIS, v. TOWN OF LADY LAKE,, 660 So. 2d 1174 (Fla. Dist. Ct. App. 1995)

. . . The legislature, through the enactment of Section 166.031, Florida Statutes, provided the procedure by . . . Section 166.031 was the legislative response to its constitutional duly as regards municipal citizens . . .

W. EVANS F. v. R. BELL, a, 651 So. 2d 162 (Fla. Dist. Ct. App. 1995)

. . . government “cannot become effective without approval by referendum of the electors as provided in section 166.031 . . . Section 166.031, Florida Statutes (1993), provides: (1) The governing body of a municipality may, by . . .

S. HOLZENDORF, v. R. BELL, CITIZENS PETITION AGAINST THE GARBAGE FEE, v. CITY OF JACKSONVILLE,, 606 So. 2d 645 (Fla. Dist. Ct. App. 1992)

. . . matters could not become effective without approval by referendum of the electors as provided in section 166.031 . . . amend the charter as attempted, contending that the trial court’s ruling “flies in the face” of section 166.031 . . .

STATE v. CITY OF PANAMA CITY BEACH,, 529 So. 2d 250 (Fla. 1988)

. . . any rights of municipal employees, without approval by referendum of the electors as provided in s. 166.031 . . .

D. GAINES, v. CITY OF ORLANDO,, 450 So. 2d 1174 (Fla. Dist. Ct. App. 1984)

. . . to compel the City to take action on their petition to amend the City Charter, pursuant to section 166.031 . . . The petitioners allege in their verified petition for mandamus that pursuant to section 166.031 they . . . Section 166.031(1) provides that the governing body of a city or the electors by petition signed by ten . . . We think that they have the right to vote on this issue pursuant to section 166.031. . . . However, on appeal, petitioners urge that section 166.031, Florida Statutes (1983), is the source of . . .

UNITED STATES v. CITY OF MIAMI, FLORIDA, v. FRATERNAL ORDER OF POLICE, CITY OF MIAMI LODGE NO. R., 664 F.2d 435 (5th Cir. 1981)

. . . any rights of municipal employees, without approval by referendum of the electors as provided in s. 166.031 . . .

RAGUCCI, v. CITY OF PLANTATION, a E., 407 So. 2d 932 (Fla. Dist. Ct. App. 1981)

. . . any rights of municipal employees, without approval by referendum of the electors as provided in s. 166.031 . . .

A. CAPELLA, v. CITY OF GAINESVILLE,, 377 So. 2d 658 (Fla. 1979)

. . . See section 166.031(1), Florida Statutes (1977). . . .

R. RESEDEAN, v. CIVIL SERVICE BOARD OF CITY OF PENSACOLA, 332 So. 2d 150 (Fla. Dist. Ct. App. 1976)

. . . rights of municipal employees, without approval by referendum of the electors as provided in section 166.031 . . . F.S. 166.031 describes the manner in which amendments to municipal charters may be enacted. . . . “any rights of municipal employees” may be repealed or amended only by the method described in F.S. 166.031 . . .