Fla. Stat. § 166.011
Short title
This chapter shall be known and may be cited as the “Municipal Home Rule Powers Act.”
Florida Statutes Chapter 166 — MUNICIPALITIES
Florida · statute · Fla. Stat. ch. 166 · 61 active provisions
Fla. Stat. § 166.021
Powers
(1) As provided in s. 2(b), Art. VIII of the State Constitution, municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except when expres…
Fla. Stat. § 166.0213
Governing body meetings
(1) The governing body of a municipality having a population of 500 or fewer residents may hold meetings within 5 miles of the exterior jurisdictional boundary of the municipality at such time and place as may be prescribed by ordinance or resolution.(2) The governing body of a municipality may hold joint meetings to r…
Fla. Stat. § 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 a…
Fla. Stat. § 166.032
Electors
Any person who is a resident of a municipality, who has qualified as an elector of this state, and who registers in the manner prescribed by general law and ordinance of the municipality shall be a qualified elector of the municipality.
Fla. Stat. § 166.0321
Division of municipalities into districts
Each municipality shall, from time to time, fix the boundaries of its districts so as to keep them as nearly equal in proportion to their respective populations as practicable, provided that such changes may not be made in the 270 days before a regular general election for the governing body of the municipality. Distri…
Fla. Stat. § 166.033
Development permits and orders
(1) A municipality shall specify in writing the minimum information that must be submitted for an application for a zoning approval, rezoning approval, subdivision approval, certification, special exception, or variance. A municipality shall make the minimum information available for inspection and copying at the locat…
Fla. Stat. § 166.0335
Temporary shelter prohibition
(1) For the purposes of this section, the term “temporary shelter” includes, but is not limited to, a recreational vehicle, trailer, or similar structure placed on a residential property.(2) Notwithstanding any other law, ordinance, or regulation to the contrary, following the declaration of a state of emergency issued…
Fla. Stat. § 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) “Resolut…
Fla. Stat. § 166.0411
Legal challenges to certain recently enacted ordinances
(1) A municipality must suspend enforcement of an ordinance that is the subject of an action challenging the ordinance’s validity on the grounds that it is expressly preempted by the State Constitution or by state law or is arbitrary or unreasonable if:(a) The action was filed with the court no later than 90 days after…
Fla. Stat. § 166.0415
Enforcement by code inspectors; citations
(1)(a) The governing body of each municipality may designate its agents or employees as code inspectors whose duty it is to assure code compliance. Any person designated as a code inspector may issue citations for violations of municipal codes and ordinances, respectively, or subsequent amendments thereto, when such co…
Fla. Stat. § 166.04151
Affordable housing
(1) Notwithstanding any other provision of law, a municipality may adopt and maintain in effect any law, ordinance, rule, or other measure that is adopted for the purpose of increasing the supply of affordable housing using land use mechanisms such as inclusionary housing or linkage fee ordinances.(2) An inclusionary h…
Fla. Stat. § 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. I…
Fla. Stat. § 166.0425
Sign ordinances
Nothing in chapter 78-8, Laws of Florida, shall be deemed to supersede the rights and powers of municipalities and counties to establish sign ordinances; however, such ordinances shall not conflict with any applicable state or federal laws.
Fla. Stat. § 166.043
Ordinances and rules imposing price controls
(1)(a) Except as hereinafter provided, a county, municipality, or other entity of local government may not adopt or maintain in effect an ordinance or a rule that has the effect of imposing price controls upon a lawful business activity that is not franchised by, owned by, or under contract with, the governmental agenc…
Fla. Stat. § 166.0435
Amateur radio antennas; construction in conformance with federal requirements
(1) No municipality shall enact or enforce any ordinance or regulation which fails to conform to the limited preemption entitled “Amateur Radio Preemption, 101 FCC 2d 952 (1985)” as issued by the Federal Communications Commission. Any ordinance or regulation adopted by a municipality with respect to amateur radio anten…
Fla. Stat. § 166.044
Ordinances relating to possession or sale of ammunition
No municipality may adopt any ordinance relating to the possession or sale of ammunition. Any such ordinance in effect on June 24, 1983, is void.
Fla. Stat. § 166.0442
Criminal history record checks for certain municipal employees and appointees
(1) Notwithstanding chapter 435, a municipality may require, by ordinance, state and national criminal history screening for:(a) Any position of municipal employment or appointment, whether paid, unpaid, or contractual, which the governing body of the municipality finds is critical to security or public safety;(b) Any…
Fla. Stat. § 166.0443
Certain local employment registration prohibited
(1) Except as authorized by law, no county or municipality shall enact or enforce any ordinance, resolution, rule, regulation, policy, or other action which requires the registration or background screening of any individual engaged in or applying for a specific type or category of employment in the county or municipal…
Fla. Stat. § 166.0444
Employee assistance programs; public records exemption
(1) As used in this section, “employee assistance program” means a counseling, therapeutic, or other professional treatment program provided by a municipality to assist any municipal employee who has a behavioral disorder, medical disorder, or substance abuse problem or who has an emotional difficulty which affects the…
Fla. Stat. § 166.0445
Family day care homes; local zoning regulation
The operation of a residence as a family day care home, as defined by law, registered or licensed with the Department of Children and Families shall constitute a valid residential use for purposes of any local zoning regulations, and no such regulation shall require the owner or operator of such family day care home to…
Fla. Stat. § 166.0446
Prohibition of fees for first responder services
(1) A municipality may not impose a fee or seek reimbursement for any costs or expenses that may be incurred for services provided by a first responder, including costs or expenses related to personnel, supplies, motor vehicles, or equipment in response to a motor vehicle accident, except for costs to contain or clean…
Fla. Stat. § 166.04465
Rules and ordinances relating to towing services
(1) A municipality may not enact an ordinance or rule that would impose a fee or charge on an authorized wrecker operator, as defined in s. 323.002(1), or on a towing business for towing, impounding, or storing a vehicle or vessel. As used in this section, the term “towing business” means a business that provides towin…
Fla. Stat. § 166.0447
Municipal park entrance fee discounts
(1) A municipal park or recreation department shall provide a partial or a full discount on park entrance fees to the following individuals who present information satisfactory to the municipal department which evidences eligibility for the discount:(a) A current member of the United States Armed Forces, their reserve…
Fla. Stat. § 166.045
Proposed purchase of real property by municipality; confidentiality of records; procedure
(1)(a) In any case in which a municipality, pursuant to the provisions of this section, seeks to acquire by purchase any real property for a municipal purpose, every appraisal, offer, or counteroffer must be in writing. Such appraisals, offers, and counteroffers are not available for public disclosure or inspection and…
Page 1 of 3Next →