Florida Statute 165.031 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XII
MUNICIPALITIES

Chapter 165
FORMATION OF LOCAL GOVERNMENTS

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165.031 Definitions.—The following terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) “County” means a political subdivision of the state established pursuant to s. 1, Art. VIII of the State Constitution.

(2) “Formation” means any one of the following activities:

(a) “Incorporation”—The establishment of a municipality.

(b) “Dissolution”—The dissolving of the corporate status of a municipality.

(c) “Merger”—The merging of two or more municipalities with each other and with any unincorporated areas authorized pursuant to this act to form a new municipality; the merging of one or more municipalities or special districts, in any combination thereof, with each other; or the merging of one or more counties with one or more special districts.

(3) “Municipality” means a municipality created pursuant to general or special law authorized or recognized pursuant to s. 2 or s. 6, Art. VIII of the State Constitution.

(4) “Newspaper of general circulation” means a newspaper printed in the language most commonly spoken in the area within which it circulates, which is readily available for purchase by all inhabitants in its area of circulation, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper the primary function of which is to carry legal notices, or a newspaper that is given away primarily to distribute advertising.

(5) “Parties affected” means any person owning property or residing in a municipality proposing a formation or in the territory that is proposed for a formation or any governmental unit with jurisdiction over such area.

(6) “Qualified voter” means any person registered to vote in accordance with law.

(7) “Special district” means a local unit of special government, as defined in s. 189.012. This term includes dependent special districts, as defined in s. 189.012, and independent special districts, as defined in s. 189.012. All provisions of s. 200.001(8)(d) and (e) shall be considered provisions of this chapter.

History.—s. 1, ch. 74-192; s. 11, ch. 81-167; s. 71, ch. 81-259; s. 24, ch. 82-154; s. 11, ch. 83-55; s. 37, ch. 89-169; s. 481, ch. 2011-142; s. 1, ch. 2012-121; s. 65, ch. 2014-22.

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Amendments to 165.031

Annotations, Discussions, Cases:

Cases Citing Statute 165.031

Total Results: 8 | Sort by: Relevance | Newest First

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Henry L. & Frances O. Hills v. Comm'r of Internal Revenue, 691 F.2d 997 (11th Cir. 1982).

Cited 16 times | Published | Court of Appeals for the Eleventh Circuit | 50 A.F.T.R.2d (RIA) 6070, 1982 U.S. App. LEXIS 24098

present in the statutory scheme of § 165 31 See Case Comment, supra note

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Campus Commc'ns v. Dept. of Rev., 473 So. 2d 1290 (Fla. 1985).

Cited 9 times | Published | Supreme Court of Florida

...red to be published, such publication shall be "in a newspaper printed periodically ... entered or qualified to be admitted and entered as second-class matter at a post office in the county where published, for sale to the public generally...."; and section 165.031(9) For the purposes of chapter 165, relating to formation *1295 of local governments, "`Newspaper of general circulation' means a newspaper ... readily available for purchase ... but does not include a newspaper ... that is given away primarily to distribute advertising." While the language of section 165.031(9) may demonstrate some legislative ambiguity regarding the nature of "shoppers" and other publications given away primarily to distribute advertising, it is clear from reading sections 50.011, 165.031(9), and 212.08(6) in pari materia that the legislature considers newspapers to constitute a broader class than simply those which are sold by collecting a payment from readers or which are eligible for second-class mailing privileges. If the legislature did not consider newspapers to be of a broader class, then it would have been unnecessary to include the limiting language in sections 50.011 and 165.031(9)....

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Kane v. Robbins, 556 So. 2d 1381 (Fla. 1989).

Cited 3 times | Published | Supreme Court of Florida | 14 Fla. L. Weekly 368

...e bonds, certificates of indebtedness or any form of tax anticipation certificates, payable from ad valorem taxation and maturing more than twelve months after issuance... . The legislature has also distinguished school boards and special districts. Section 165.031(5), Florida Statutes (1987), provides: (5) "Special district" means a local unit of special government, except a district school board, created pursuant to general or special law for the purposes of performing prescribed, specialized functions, including municipal service functions, within limited boundaries....

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Ago (Fla. Att'y Gen. 2002).

Published | Florida Attorney General Reports

authority, special district as defined in section 165.031(5), Florida Statutes, or other public body

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Ago (Fla. Att'y Gen. 1982).

Published | Florida Attorney General Reports

Art. VIII, State Const. See, s 165.022, F.S. Section 165.031(5) F.S., defines, for the purposes of Ch. 165

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Ago (Fla. Att'y Gen. 2003).

Published | Florida Attorney General Reports

of the state, except a school district"). Section 165.031(5), Fla. Stat., defines "Special district"

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Kane v. Robbins, 524 So. 2d 1048 (Fla. 1st DCA 1988).

Published | Florida 1st District Court of Appeal | 13 Fla. L. Weekly 860, 1988 Fla. App. LEXIS 1382, 1988 WL 28281

distinguish a school board from a special district. Section 165.031(5), Florida Statutes (1985), which provides

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Ago (Fla. Att'y Gen. 1975).

Published | Florida Attorney General Reports

Governments Act," Ch. 74-192, Laws of Florida. Section 165.031(5), F.S., was created to provide: (5) "Special

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