Florida/Georgia Personal Injury & Workers Compensation

...create a citizen oversight panel for the city police department. To place the charter amendment on a ballot, though, Plaintiffs must gather signatures from “10 percent of the [city’s] registered electors as of the last preceding municipal general election.” Fla. Stat. § 166.031(1)....

...The City chose to implement the annexation recommendation of the Council by enacting Ordinance No. 2301, which was in full conformity with chapter 77-557. We hold that the City had the authority to enact this ordinance which merely implemented the provisions of chapter 77-557. See section 166.031(1), Florida Statutes (1977)....

...Six taxpayers and qualified electors of the City of Orlando (City) appeal from the circuit court's final order dismissing their petition for writ of mandamus to compel the City to take action on their petition to amend the City Charter, pursuant to section 166.031, Florida Statutes (1983)....

...e City limits. The petition also contains a severability clause so that remaining provisions of the petition would be unaffected in the event some were declared invalid. The petitioners allege in their verified petition for mandamus that pursuant to section 166.031 they obtained 12,072 signatures, which represents more than fifteen percent of the City's registered voters, in support of the proposed amendments....

...rocess, the proposals are put to the voters. Nash v. Richard, 174 So.2d 611 (Fla.3d DCA), cert. denied, 183 So.2d 211 (Fla. 1965). Here the allegation that fifteen percent of the electorate signed the petition more than satisfies the requirements of section 166.031(1), which provides: 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, submit to the electors of said municipality a proposed ame...

...We note, however, that the provision in the proposed amendments which would make the charter, if amended as proposed, not subject to repeal except by another referendum election of the registered voters of the City, does conflict with the Municipal Home Rule Powers Act. Section 166.031(1) provides that the governing body of a city or the electors by petition signed by ten percent of the electors, may amend the city charter....

...In this case the electors of Orlando seek the chance to tell their City to stop building or assisting the OUC to build the new plant or any other coal-fired plant in Orange County. We think that they have the right to vote on this issue pursuant to section 166.031....

...red voters of the City of Orlando... . If a majority of the qualified voters voting on the proposed ordinance shall vote in favor thereof, said ordinance shall thereupon become a valid ordinance of the city. However, on appeal, petitioners urge that section 166.031, Florida Statutes (1983), is the source of the referendum power in this case since the petition would amend the City Charter....

...distribution of powers among elected officers, matters prescribed by the charter relating to appointive boards, any change in the form of government, or any rights of municipal employees, without approval by referendum of the electors as provided in s. 166.031....

...d by the charter relating to appointed boards, the form of government, or any rights of municipal employees. The act provided that amendments as to such matters could not become effective without approval by referendum of the electors as provided in section 166.031, Florida Statutes....

...proposed amendment. Appellants urge that the trial court erred in relying upon the 1978 amendment as implicitly prohibiting the right of the citizens to amend the charter as attempted, contending that the trial court's ruling "flies in the face" of section 166.031, Florida Statutes....

preceding municipal general election.” Fla. Stat. § 166.031(1). Plaintiffs claim that the best way to obtain

...A comprehensive plan ("Plan") or comprehensive plan amendment ("Plan Amendment") (both as defined in Florida Statutes Chapter 163) shall not be adopted by the City Commission until such proposed Plan or Plan Amendment is approved by the electors in a referendum as provided in Florida statute Section 166.031 or by the City Charter or as otherwise provided by law....

...A community redevelopment plan as defined in Florida Statutes Section 163 shall not be adopted by the City Commission until such proposed community redevelopment plan is submitted to a vote of the electors by referendum as provided by Florida Statutes Section 166.031 or by the City Charter....

...ght (as defined by the Land Development Code) of any structure (as defined by the Land Development Code) shall be adopted by the City Commission until such amendment is submitted to a vote of the electors by referendum as provided by Florida Statute S. 166.031 or by the City Charter....

...The issue presented in this appeal is whether a governing body of a municipality has the responsibility to prepare a proper ballot summary for placing a charter amendment proposed by petition of the registered voters on the ballot. We hold that because section 166.031(1), Florida Statutes (2000), requires the governing body to place the proposed amendment on the ballot, it is that body's responsibility to provide a ballot summary in compliance with section 101.161(1)....

...Because it believed that neither the City nor the court had the authority under Florida law to delete the extraneous language so that the summary would comply with the statute, the trial court entered final summary judgment for the City. Appellant's petition for a charter amendment was required to comply with section 166.031(1), which provides: 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 election, submit to the electors of said municipality a proposed amendment to its charter.......

...Here, the two statutes plainly require the City to write the ballot summary. After appellant submitted the proposed amendment petition, signed by the duly authenticated signatures of 10% of the registered voters, the City Commission was required to place the proposal to the voters at the next election. See § 166.031(1), Fla....

...The City also argues that the petition was required to contain a summary not exceeding 75 words. However, there is no law imposing a requirement that a citizen petition contain a ballot summary. The legislature could have included that requirement in section 166.031(1), but it did not....

...y Of Riviera Beach; The Municipal Marina Properties Shall Not Per *21 mit Industrial Commercial Boat Repair Operations? The Supervisor of Elections filed a certification with the City asserting that the Task Force’s petition was in accordance with section 166.031(1)....

...te. Nevertheless, with the approval of the council the City Clerk sent a letter to the Supervisor of Elections which acknowledged that the City Council disagreed with the language in the petition but stated that a majority have agreed to comply with section 166.031 and have the referendum placed on the ballot at the general election....

...t at all. It relies on section 101.161(1) as requiring it to pass a resolution before an amendment may be placed on the ballot, because the ballot title and ballot summary shall be contained within an “enabling resolution or ordinance.” However, section 166.031 describes the method by which the City and citizens may initiate a charter amendment by referendum (by ordinance or petition) and states: The governing body of a municipality may, by ordinance, or the electors of a municipality may, b...

...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. § 166.031(1), Fla. Stat. (2010) (emphasis added). The trial court found that section 166.031 does not require the passage of a resolution. In fact, the City Clerk maintained that she did not request a resolution from the Council, because none was necessary pursuant to section 166.031....

...Although the city abdicated its responsibility to draft a ballot summary, it did permit the submission of the ballot summary drafted by the Task Force to the supervisor of elections. Had the city not submitted the provision for placement on the ballot, it would have violated its duty under section 166.031....

...Riemenschneider, of O'Brien Riemenschneider, P.A., Melbourne, for Appellee. *359 TORPY, J. Appellant ("City") challenges a summary judgment that invalidated two amendments to its charter concerning density and height restrictions on development. We reverse. In August of 2001, pursuant to section 166.031, Florida Statutes (2001), citizens of City initiated petitions to amend its charter in two respects....

...sidered adopted upon certification of the election results and shall be treated in all respects in the same manner as other sections of the charter. (italics in original; underline added). This code provision does nothing other than acknowledge what section 166.031(2) already provides—that adoption of the proposed amendments is achieved through a certified, majority vote of the people. The *361 council's function at that point, under both the statute and city code, is purely ministerial. Indeed, to suggest that the council's involvement is tantamount to "adoption" ignores the fact that section 166.031(1) reserves to the people the right to amend City's charter without approval of—and even in the face of vehement objection from—the governing body....

special election called for that purpose. Section 166.031(2) provides that, if the proposed amendment

...unwilling to amend the charter to permit one — the citizens are powerless to direct the Town Commission on this issue. Such interpretation, and such position, flies in the face of Article I, Section 1. [1] The legislature, through the enactment of Section 166.031, Florida Statutes, provided the procedure by which the citizens of a municipality may amend their charter: [T]he electors of a municipality may, by petition signed by 10 percent of the registered electors as of the last preceding muni...

...ion, etc. It does not permit the legislative body (the representative) to deny the people the right to have such referendum placed on the ballot. The legislature may not take away nor diminish the rights reserved by the people in their constitution. Section 166.031 was the legislative response to its constitutional duty as regards municipal citizens....

...distribution of powers among elected officers, matters prescribed by the charter relating to appointive boards, any change in the form of government, or any rights of municipal employees, without approval by referendum of the electors as provided in s. 166.031 ....

...as are other ordinances. This office, however, has consistently concluded that charters or charter provisions adopted or readopted subsequent to the adoption of the Municipal Home Rule Powers Act in 1973 must comply with the procedures set forth in section 166.031 , Florida Statutes....

...ment shall be subject to approval by referendum of the voters. 3 For example, in Attorney General Opinion 75-223, this office specifically advised the City of Tamarac that its charter, readopted after 1973, could not be amended except as provided in section 166.031 ....

...the terms of elected officers and the manner of their election except for the selection of election dates and qualifying periods for candidates and for changes in terms of office necessitated by such changes in election dates . . . without approval by referendum of the electors as provided in s. 166.031." (e.s.) In addition, section 100.3605 (2), Florida Statutes, provides that the governing body of a municipality may, by ordinance, "change the dates for qualifying and for the election of members of the governing body of the municipality...

...63-1128 , 63-1528, 63-1530, 65-1808, 65-1809, 65-1810, 65-1811, and 67-1625, Laws of Fla. 2 See Ops. Att'y Gen. Fla. 03-52 (2003), 03-36 (2003), 01-43 (2001), and 75-223 (1975). See also Op. Att'y Gen. Fla. 88-30 (1988) (charter amendment provisions in s. 166.031 , Fla....

...97-53 (1997) (city commission may not delegate its canvassing board duties to a consolidated municipal canvassing board, absent an existing charter provision authorizing such a transfer or an amendment to the city's charter approved in a referendum by the city's electorate). 3 See s. 166.031 (1), Fla....

...Stat., providing that 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." But see s. 166.031 (5), Fla....

...distribution of powers among elected officers, matters prescribed by the charter relating to appointive boards, any change in the form of government, or any rights of municipal employees, without approval by referendum of the electors as provided in s. 166.031 ....

...Any other limitation of power upon any municipality contained in any municipal charter enacted or adopted prior to July 1, 1973, is hereby nullified and repealed." (e.s.) The clear language of the statute requires referendum approval as provided in section 166.031 , Florida Statutes, for any change to a city's charter affecting matters prescribed by the charter relating to appointive boards....

...Because the provisions of the proposed ordinance would not affect the charter provision authorizing the mayor to make annual appointments to city boards, it does not appear that the proposed ordinance would act as a charter amendment in possible violation of section 166.021 , Florida Statutes, or section 166.031 , Florida Statutes. In the event that the City of Winter Park does seek to amend its charter to reflect these proposed changes for filling vacancies on municipal boards or commissions, section 166.031 (1), Florida Statutes, states: "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 elec...

...a special election called for such purpose." This office has consistently concluded that charters or charter provisions adopted or readopted subsequent to the adoption of the Municipal Home Rule Powers Act in 1973 may only be amended as provided in section 166.031 , Florida Statutes. 3 The legislative directive in section 166.031 as to how a municipal charter is to be amended is, in effect, a prohibition against its being done in any other way. 4 The charter for the City of Winter Park was adopted by referendum in 1983. Thus, the procedure for amending municipal charters in section 166.031 prevails and would require referendum approval for any changes to the city's charter, except those specifically enumerated in sections 166.021 and 166.031 , Florida Statutes....

...Sincerely, Bill McCollum Attorney General BM/tgh 1 See s. 2.06, Art. II, Charter of the City of Winter Park. 2 Division 1, section 2-49, Code of Ordinances, City of Winter Park 3 See Ops. Att'y Gen. Fla. 2003-52 and 2003-36. See also Op. Att'y Gen. Fla. 88-30 (1988) (charter amendment provisions in s. 166.031 , Fla. Stat., prevail over conflicting provisions in a municipal charter) and Op. Att'y Gen. Fla. 79-80 (1979) (city commission may not unilaterally amend its charter as it is bound by the provisions in s. 166.031 , Fla. Stat.). Cf. s. 166.031 (3), Fla. Stat., authorizing the amendment of a municipal charter pursuant to s. 166.031 , Fla....

...al Home Rule Powers Act, was to be construed as permitting any changes in a special law or municipal charter that affect certain subject matters set forth therein, including "the terms of elected officers," without referendum approval as provided in section 166.031 , Florida Statutes....

...the terms of elected officers and the manner of their election except for the selection of election dates and qualifying periods for candidates and for changes in terms of office necessitated by such changes in election dates , . . . without approval by referendum of the electors as provided in s. 166.031 ....

...We reverse the trial court and hold that the single-subject provision located in the city charter does not apply to amendments proposed by the electorate through an initiative petition. The Initiative Petition containing the proposed amendment was circulated by the Committee pursuant to section 166.031(1), Florida Statutes (1997). Section 166.031(1) provides in relevant part: 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 electi...

...The Florida Constitution, in Article VIII , section 2 (a), provides that municipal charters may be amended pursuant to general or special law. The Florida Legislature, with the adoption of the Municipal Home Rule Powers Act, Chapter 166 , Florida Statutes, granted municipalities broad home rule powers. Section 166.031 , Florida Statutes, implementing the constitutional provision provides procedures for amending municipal charters, including a requirement that a proposed amendment shall be subject to approval by referendum of the voters....

...It has been the position of this office, expressed in a number of Attorney General Opinions, that charters or charter provisions adopted or readopted subsequent to the adoption of the Municipal Home Rule Powers Act in 1973 must comply with the procedures set forth in section 166.031 , Florida Statutes....

...oposed amendment shall be subject to approval by referendum of the voters. 2 This office, in Attorney General Opinion 75-223, specifically advised the City of Tamarac that its charter, readopted after 1973, could not be amended except as provided in section 166.031 ....

...the terms of elected officers and the manner of their election except for the selection of election dates and qualifying periods for candidates and for changes in terms of office necessitated by such changes in election dates . . . without approval by referendum of the electors as provided in s. 166.031 ." (e.s.) Further, section 100.3605 (2), Florida Statutes, provides that the governing body of a municipality may, by ordinance, "change the dates for qualifying and for the election of members of the governing body of the municipality and...

...d must be accomplished by referendum. Sincerely, Bill McCollum Attorney General BM/tgh 1 See Ops. Att'y Gen. Fla. 03-52 (2003), 03-36 (2003), 01-43 (2001), and 75-223 (1975). See also Op. Att'y Gen. Fla. 88-30 (1988) (charter amendment provisions in s. 166.031 , Fla....

...97-53 (1997) (city commission may not delegate its canvassing board duties to a consolidated municipal canvassing board, absent an existing charter provision authorizing such a transfer or an amendment to the city's charter approved in a referendum by the city's electorate). 2 See s. 166.031 (1), Fla....

...Stat., providing that 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." But see s. 166.031 (5), Fla....

requires referendum approval as provided in section 166.031, Florida Statutes, for any change to a city's

...e terms of the sitting commissioners to November. You state, however, that you are not sure whether the charter under consideration was adopted before or after the effective date of the Municipal Home Rule Powers Act, Chapter 166 , Florida Statutes. Section 166.031 , Florida Statutes, sets forth the procedures to be observed in amending municipal charters, including a requirement that a proposed amendment shall be subject to approval by referendum of the voters....

...al Home Rule Powers Act, was to be construed as permitting any changes in a special law or municipal charter that affect certain subject matters set forth therein, including "the terms of elected officers," without referendum approval as provided in section 166.031 , Florida Statutes. Thus, for charters adopted after July 1, 1973, and for charter provisions relating to the terms of elected officers adopted prior to that date and not subsequently readopted, any amendment of those provisions would be subject to the procedures in section 166.031 , Florida Statutes....

...the terms of elected officers and the manner of their election except for the selection of election dates and qualifying periods for candidates and for changes in terms of office necessitated by such changes in election dates , . . . without approval by referendum of the electors as provided in s. 166.031 ....

...section 100.3065, Florida Statutes, a change in the charter prescribing the qualifying and election dates for municipal officers, and the resulting change in the term of office for sitting officers, required amendment according to the provisions of section 166.031 , Florida Statutes, regardless of when such provisions were adopted....

require referendum approval as prescribed in section 166.031, Florida Statutes. 9 This office has previously

of the sitting commissioners to November. Section 166.031, Florida Statutes, sets forth the procedures

...Swaine City Attorney City of Sebring QUESTION: May a special act, as amended, creating the Sebring Utilities Commission as a body corporate and politic and relating solely to its powers and the independent exercise of its powers be amended pursuant to s. 166.031 (1), F.S.? SUMMARY: Until judicially determined otherwise, s. 166.031 (1), F.S., authorizes the electors of a municipality by referendum to amend the municipality's charter, i.e ., its creative act and amendments thereto relating to the powers of the municipal corporation, and does not authorize the electors...

...sion. The question therefore arises as to whether the special act, as amended, creating the Sebring Utilities Commission as a body corporate and politic and relating to its powers and the independent exercise of its powers may be amended pursuant to s. 166.031 (1), F.S. This response is confined to that question which calls for a construction of the language contained in s. 166.031 (1), F.S. Section 166.031 (1), F.S., provides, in pertinent part, as follows: ....

...Where a statute enumerates the things on which it is to operate, it is ordinarily construed as excluding from its operation all things not expressly mentioned. Dobbs v. Sea Isle Hotel, 56 So.2d 341 , 342 (Fla. 1952); Ideal Farms Drainage District v. Certain Lands, 19 So.2d 234 , 239 (Fla. 1944). Thus s. 166.031 (1), F.S., authorizes the electors to propose and effectuate amendments by referendum to the municipal charter and not to other legislative acts creating other public corporations or public quasi-corporations for prescribed limited and specialized municipal purposes. It must therefore be determined whether an emendation of the special act, as amended, relating to the Sebring Utilities Commission constitutes an amendment to the municipal charter within the purview and for the purposes of s. 166.031 (1), F.S....

...unicipality as defined above. Nor can it be said that the special act, as amended, which relates exclusively to the Sebring Utilities Commission constitutes a part of the charter of the city subject to amendment within the purview of and pursuant to s. 166.031 (1), F.S. Thus, an amendment relating to the duties and powers of the Sebring Utilities Commission would be an emendation of the special act, as amended, relating to said commission and not an amendment to the municipal charter within the purview of s. 166.031 (1), F.S....

salaries of public officials, etc., in light of section 166.031, Florida Statutes? In sum: A municipal charter

...mber of valid signatures were submitted. Guetzloe maintains that he was not required to pay said fee because, in his reading of the applicable election laws, once he obtained 6,843 signatures (thereby meeting the 10% statutory threshold set forth in section 166.031 of the Florida Statutes), [1] the burden shifted to the City to request that the supervisor of elections verify the signatures on the petition and to pay the statutory fee. We disagree. The undisputed evidence in the record establishes that Guetzloe filed 6,843 petitions with the City, but said filing did not automatically constitute compliance with the 10% threshold requirement set forth in section 166.031 because the signatures on those petitions had not yet been verified as having been submitted by "registered electors as of the last preceding municipal general election", as required under the statute....

...parties requesting that amendment issues be placed on the ballot. In light of our resolution on the fee issue it is unnecessary to address the other issues raised by the parties in this appeal. AFFIRMED. THOMPSON and ORFINGER, JJ., concur. NOTES [1] Section 166.031 of the Florida Statutes (2001) provides: 166.031....

the Act are governed by the provisions of section 166.031, Florida Statutes, which generally requires

following questions: 1. Do the provisions of section 166.031, Florida Statutes., prevail over conflicting

...166.021(4) which provides in pertinent part that, “* * * nothing in this act shall be construed to permit any changes in a special law or municipal charter which affect * * * any 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. Since Section 142 of the Code of the City of Pensacola which certainly affects “any rights of municipal employees” may be repealed or amended only by the method described in F.S. 166.031 which, in turn, describes the method by which charter amendments are adopted, the result is that Section 142, originally adopted as a special act of the legislature, has, in effect, become a part of the Pensacola Municipal Charter....

...Reynolds: You have asked on behalf of the City of Daytona Beach Shores substantially the following question: May the electors in the City of Daytona Beach Shores approve a referendum amending the city charter to require that all future bonds issued by the city be approved by referendum? In sum, I am of the following opinion: Section 166.031 , F.S., would allow the city's charter to be amended to require referendum approval for the issuance of all municipal bonds....

...The question arises whether an amendment may be made which limits the city's ability to issue bonds. Section 2(a), Art. VIII, State Const., provides that "[m]unicipalities may be established or abolished and their charters amended pursuant to general or special law." (e.s.) Section 166.031 (1), F.S., in pertinent part, provides: 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 gene...

...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. Furthermore, s. 166.031 (3), F.S., allows a municipality to amend its charter pursuant to s. 166.031 , F.S., notwithstanding any charter provisions to the contrary. Thus, the only limitation in s. 166.031 , F.S., is placed upon amending that part of the charter describing the boundaries of the municipality....

...1 It should be noted, however, that a municipality's charter may not be amended to provide that no ad valorem tax may be levied without referendum approval. 2 In AGO 82-101, this office determined whether a municipal charter could be amended pursuant to s. 2(a), Art. VIII, State Const., and s. 166.031 , F.S., to limit or restrict the exercise of specific corporate, legislative and governmental powers....

...In that opinion, citizens objected to a city's practice of transferring revenues from water and sewer operations to the city's general fund to be used for general municipal operating purposes. Based upon the authority in s. 2(a), Art. VIII, State Const., and s. 166.031 , F.S., this office concluded that the charter could be amended to prohibit the transfer of any utility revenues to the general fund, thereby limiting the city's power....

...law. There is no indication, however, that this constitutional requirement of a referendum operates to prohibit referendums to approve other bond issues. 4 In light of the above, it is my opinion that the municipal charter may be amended pursuant to s. 166.031 , F.S., to require referendum approval of bond issues....

...into municipal ordinances provisions in a city's charter as they existed on the effective date of the act, the charter was restored to its original status by referendum subsequent to the passage of the act and may now only be amended as provided in s. 166.031 , F.S....

...mount of salary for the mayor and council members, and a question has arisen as to whether such a change must be approved by referendum. For charters adopted after July 1, 1973, any amendment of those provisions would be subject to the procedures in section 166.031 , Florida Statutes, which includes a requirement that a proposed amendment be subject to approval by referendum of the voters. 1 Subsection (1) of section 166.031 , Florida Statutes, provides: "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 elect...

...election called for such purpose." This office has consistently concluded that charters or charter provisions adopted or readopted subsequent to the adoption of the Municipal Home Rule Powers Act in 1973 must comply with the procedures set forth in section 166.031 , Florida Statutes. 2 As noted above, the charter for the City of Cape Coral was readopted in 1993. Thus, the procedure for amending the city charter would be governed by the provisions of section 166.031 , which requires that an ordinance passed by the governing body of the city amending the charter be approved by referendum of the voters....

...The change of election dates or qualifying periods for candidates is not at issue in the instant inquiry. 2 See Ops. Att'y Gen. Fla. 03-52 (2003), 03-36 (2003), 01-43 (2001), and 75-223 (1975). See also Op. Att'y Gen. Fla. 88-30 (1988) (charter amendment provisions in s. 166.031 , Fla. Stat., prevail over conflicting provisions in a municipal charter) and Op. Att'y Gen. Fla. 79-80 (1979) (city commission may not unilaterally amend its charter as it is bound by the provisions in s. 166.031 , Fla. Stat.). Cf. s. 166.031 (3), Fla. Stat., authorizing the amendment of a municipal charter pursuant to s. 166.031 , Fla....

determine whether it should be placed on a ballot. Section 166.031, F.S., as created by Ch. 73-129, Laws of Florida

section166.031(1), Florida Statutes?1 In sum: As section 166.031(1), Florida Statutes, requires a petition to

...Conroy: You ask on behalf of the City of Cape Coral substantially the following question: May the City of Cape Coral use an alternative charter amendment method prescribed in its charter, created by Chapter 70-623, Laws of Florida? In sum: The amendment of a city's charter is governed by section 166.031 , Florida Statutes, and no alternative method of charter amendment may be used....

...icipalities. The act, however, provides that it is not to be construed as permitting any changes in a special law or municipal charter which affect certain subject matters enumerated therein without referendum approval by the electors as provided in section 166.031 , Florida Statutes....

...ovision appears to have been converted to a city ordinance subject to amendment or repeal as any other ordinance. Section 2 (a), Article VIII , Florida Constitution, provides that municipal charters may be amended pursuant to general or special law. Section 166.031 (1), Florida Statutes, sets forth: "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 called for such purpose." (e.s.) This office has consistently concluded that any municipal charter provision adopted or readopted subsequent to the effective date of the Municipal Home Rule Powers Act can only be amended in accordance with section 166.031 , Florida Statutes. 5 The legislative directive in section 166.031 , as to how a municipal charter is to be amended is, in effect, a prohibition against its being done in any other way. 6 Thus, to the extent that the City of Cape Coral adopts a charter, it cannot authorize the amendment of the charter other than as provided in section 166.031 ....

...7 Further, those provisions which constitute the city's charter prior to October 1, 1973, have been converted into ordinances and the city may amend them as other ordinances are amended. Accordingly, the procedure for amending municipal charters in section 166.031 , Florida Statutes, prevails over any conflicting provision in a future charter adopted for the City of Cape Coral....

...distribution of powers among elected officers, matters prescribed by the charter relating to appointive boards, any change in the form of government, or any rights of municipal employees, without approval by referendum of the electors as provided in s. 166.031." 4 See , Ordinance 82-85, adopted subject to referendum approval on August 26, 1985, and Ordinance 55-89, adopted subject to referendum approval on September 14, 1989. 5 See , Op. Att'y Gen. Fla. 88-30 (1988) (charter amendment provisions in s. 166.031 , Fla. Stat., prevail over conflicting provisions in a municipal charter) and Op. Att'y Gen. Fla. 79-80 (1979) (city commission may not unilaterally amend its charter as it is bound by the provisions in s. 166.031 , Fla. Stat.). Cf ., s. 166.031 (3), Fla. Stat., authorizing the amendment of a municipal charter pursuant to s. 166.031 , Fla....

amendments to the Village Charter, pursuant to section 166.031 of the Florida Statutes,2 Plaintiffs gathered

dissolving itself by charter amendment pursuant to section 166.031, Florida Statutes? In sum: Section 165.051

conducted in accordance with the provisions of section 166.031, Florida Statutes. The Florida Legislature

however, may only be amended as provided in section 166.031, Florida Statutes. That section provides in

contained in a municipal charter. (2) Section 166.031, F.S., permits changes to a municipal charter

without referendum approval as provided in section 166.031, Florida Statutes. 4 See House of Representatives

...Kiefer: On behalf of the City of Indian Rocks Beach, you have requested my opinion on substantially the following question: May the City of Indian Rocks Beach amend the city charter to abolish the charter offices of City Clerk and City Treasurer by unanimous vote of the city commission pursuant to section 166.031 (5), Florida Statutes? The Charter of the City of Indian Rocks Beach, Florida, was originally enacted on October 17, 1988, and approved by referendum on November 7, 1988....

...mpt payment of current bills and obligations against the city, when approved. The city treasurer shall be properly and sufficiently bonded." 2 You have asked whether the city charter may be amended and these offices abolished by the city pursuant to section 166.031 (5), Florida Statutes, which allows the city commission to amend the charter by unanimous vote rather than by referendum....

...Article VIII , section 2 (a), Florida Constitution, provides that municipal charters may be amended pursuant to general or special law. The procedure for the amendment of a city charter adopted or readopted after the adoption of the Municipal Home Rule Powers Act in 1973, is provided in section 166.031 , Florida Statutes. Section 166.031 (1), Florida Statutes, states: "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 elec...

...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." 3 Subsection (1) of section 166.031 , Florida Statutes, thus provides the method for amending municipal charters....

...If the proposed amendment receives the favorable vote of a majority of the municipal electors voting in the referendum, the governing body shall incorporate the amendment into the charter and file a copy of the revised charter with the Department of State, at which time the revised charter shall become effective. 4 Section 166.031 (3), Florida Statutes, provides that a municipality may amend its charter as described above, even if the charter itself provides otherwise. This office has previously stated that a municipal charter provision adopted or readopted after the enactment of the Municipal Home Rule Powers Act in 1973 must be amended in accordance with section 166.031 , Florida Statutes. For example, in Attorney General Opinion 75-223, this office specifically advised the City of Tamarac that its charter, readopted after 1973, could not be amended except as provided in section 166.031 ....

...board, absent an existing charter provision authorizing such a transfer or an amendment to the city's charter approved in a referendum by the city's electorate. 5 While the Legislature has enacted certain exceptions to the referendum requirements of section 166.031 , Florida Statutes, 6 no such exception exists for the type of amendment under consideration by the City of Indian Rocks Beach. Section 166.031 prescribes the manner for amending municipal charters adopted subsequent to the effective date of the Municipal Home Rule Powers Act. It is a fundamental principle of statutory construction that a legislative directive as to how a thing shall be done is, in effect, a prohibition against it being done in any other way. 7 I am aware that section 166.031 (5), Florida Statutes, authorizes a municipality, by unanimous vote of the governing body, to abolish municipal departments....

...8 In sum, the City Commission of Indian Rocks Beach may amend the city charter to abolish the charter offices of City Clerk and City Treasurer only if such amendment is approved by referendum of the qualified electors of the municipality pursuant to section 166.031 , Florida Statutes....

...distribution of powers among elected officers, matters prescribed by the charter relating to appointive boards, any change in the form of government, or any rights of municipal employees, without approval by referendum of the electors as provided in s. 166.031 . . . ." 4 See s. 166.031 (2), Fla. Stat. 5 And see Op. Att'y Gen. Fla. 88-30 (1988) (charter amendment provisions in s. 166.031 , Fla. Stat., prevail over conflicting provisions in a municipal charter). 6 See, e.g. , s. 166.031 (3), Fla....

...Stat., stating: "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)." And see s. 166.031 (5), Fla....

Dear Mr. Cherof: As Attorney for the Town of Lauderdale By The Sea, you have asked for my opinion on substantially the following questions: 1. Does an amendment to a town charter initiated by ten percent of the registered electors pursuant to section 166.031 (1), Florida Statutes, constitute "action of a governmental entity" as that term is used in the Bert J....

...Harris, Jr., Private Property Rights Protection Act? Your questions are related and will be answered together. According to your letter, the electors of the Town of Lauderdale By The Sea submitted a proposed amendment to the town charter using the procedure authorized by section 166.031 (1), Florida Statutes....

...y" that may implicate the Bert J. Harris, Jr., Private Property Rights Protection Act if these regulations impose an "inordinate burden" on real property. In sum, it is my opinion that an amendment to a town charter proposed and approved pursuant to section 166.031 (1), Florida Statutes, does constitute "action of a governmental entity" as that term is defined and used in the Bert J....

...is defined and used in the act. I note that the authority to determine whether such action gives rise to a claim under the act is expressly vested in the judicial branch. 8 Sincerely, Charlie Crist Attorney General CC/tgh 1 As you note, pursuant to section 166.031 (1), Florida Statutes, the town commission, as governing body, has no discretion regarding submission of the proposed charter amendment to a vote of the electors: "The governing body of the municipality shall place the proposed amendm...

exercise of municipal powers, noting that section 166.031(1), Florida Statutes, authorizes the amendment

Home Rule Powers Act in 1973, is provided in section 166.031, Florida Statutes. Section166.031(1), Florida

referendum of the electors as provided in section 166.031, Florida Statutes.”2 The other provision is

...al governing body of home rule powers granted to municipalities by s. 2, Art. VIII, State Const., and ch. 166 , F.S., the "Municipal Home Rule Powers Act"? SUMMARY: A municipal charter may be amended pursuant to s. 2(a), Art. VIII, State Const., and s. 166.031 , F.S., so as to add provisions thereto which would serve to limit or restrict the exercise of specific corporate, legislative and governmental powers, except for those enumerated in s....

...On behalf of the city you have requested an opinion regarding the validity of such a proposed charter provision. Section 2(a), Art. VIII, State Const., expressly provides that the charters of municipalities may be "amended pursuant to general or special law." Section 166.031 (1), F.S., in pertinent part provides: The governing body of a municipality may, by ordinance . . . 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. In addition, s. 166.031 (3), F.S., authorizes the amendment of a municipal charter pursuant to the provisions of s. 166.031 , F.S., notwithstanding any charter provisions to the contrary....

...The amendments authorized encompass the entire range of the charter, i.e., "to any part or to all of (the) charter," except that part describing the boundaries of the municipality. No other restrictions are placed on the charter amendment power granted by s. 166.031 , F.S....

...It appears, therefore, that an addition to a municipal charter would constitute an amendment to that charter. As noted above, except for amendments relating to the boundaries of a municipality, there is no qualification of or restriction on the charter amendment power granted by s. 166.031 , F.S., nor is the nature of the authorized amendments restricted or limited....

...mental powers or the exercise thereof and the action and conduct of state and local officers (see, e.g., s. 23, Art. I; s. 8, Art. II; s. 14, Art. X, State Const.), a municipal charter may be amended pursuant to s. 2(a), Art. VIII, State Const., and s. 166.031 , F.S., so as to add provisions which place limitations on the exercise of corporate, legislative and governmental powers which the municipality might otherwise be empowered to exercise pursuant to s....

...effective date of the Act, October 1, 1973, the charter was apparently restored to its original status (as subsequently amended in February 1973 and March 1974) by referendum held in that city in June 1974 and may now be amended only as provided in s. 166.031 , F.S....

...s permitting any changes in a special law or municipal charter which affect certain subject matters specifically mentioned therein, including "the terms of elected officers and the manner of their election" without referendum approval as provided in section 166.031 , Florida Statutes....

...nto ordinances and are therefore subject to repeal or modification like other ordinances, this office has consistently concluded that any municipal charter provision adopted or readopted subsequent to that date may only be amended in accordance with section 166.031 , Florida Statutes....

...cted. Such an amendment, therefore, would fall within the proscription of section 166.021 (4), Florida Statutes, requiring that a change in the manner of election of elected municipal officers be approved by referendum of the electors as provided in section 166.031 , Florida Statutes....

...04-296, added the following sentence to section 3(2) of the charter: "The seats held by the four (4) city council members shall be designated as Seat 1, Seat 2, Seat 3 and Seat 4, with the initial designation of such seats to be made by the city council prior to the general municipal election in 2005." 5 See s. 166.031 (1), Fla....

...93-23 (1993) (charter amendment provision was nullified and repealed or converted to an ordinance by passage of Municipal Home Rule Powers Act and would have no effect upon amendments to city charter); 88-30 (1988) (charter amendment provisions in s. 166.031 , Fla. Stat., prevail over conflicting provisions in a municipal charter); and 79-80 (1979) (city commission may not unilaterally amend its charter as it is bound by the provisions in s. 166.031 , Fla....

charter or amendment itself? In sum: Section 166.031(2), F.S., does not prescribe the effective

...at ¶¶ 1, 15.) The Florida NAACP joined the Petition circulation effort on April 23, 2008. ( Id. at ¶ 18.) To be placed on the ballot, petitions must be "signed by ten percent of the registered electors as of the last preceding municipal general election." FLA. STAT. § 166.031(1) (2007)....

...at ¶¶ 1, 15.) The Florida NAACP joined the Petition circulation effort on April 23, 2008. (Id. at ¶ 18.) To be placed on the ballot, petitions must be “signed by ten percent of the registered electors as of the last preceding municipal general election.” Fla. Stat. § 166.031 (1) (2007)....

be selected during the March 2004 election. Section 166.031(1), Florida Statutes, provides: "The governing

...purposes, except when expressly prohibited by law." However, the amendment of a provision in a city's charter adopted or readopted after the effective date of the Municipal Home Rule Powers Act, July 1, 1973, may only be accomplished as provided in section 166.031 , Florida Statutes. 2 As noted above, the charter for the City of Ormond Beach was adopted in 1988. Section 166.031 , Florida Statutes, states: "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 electio...

...ors at the next general election held within the municipality or at a special election called for such purpose." Thus, the amendment of the city's charter provision governing the activities of the canvassing board would have to be in accordance with section 166.031 , Florida Statutes, requiring referendum approval....

...and sitting as the canvassing board prescribed by the charter, the creation of a separate entity goes beyond such delegation and would involve the creation of a separate entity not contemplated or authorized by the city's charter. 4 As noted above, section 166.031 Florida Statutes, permits changes in a municipal charter only with referendum approval. If the city wishes to change the manner in which the powers of the canvassing board are exercised or to create an entirely new board, such a change must be accomplished in a manner consistent with the requirements of section 166.031 , Florida Statutes, i.e ., by a referendum of the electors of the city....

...Butterworth Attorney General RAB/tgk 1 See, Op. Att'y Gen. Fla. 77-135 (1977), in which this office concluded that charter provisions adopted or readopted after the effective date of the Municipal Home Rule Powers Act (July 1, 1973) may be amended only pursuant to section 166.031 , Fla. Stat., requiring referendum approval. 2 Id. And see, Fla. Op. Att'y Gen. 79-80 (1979) (city commission may not unilaterally amend its charter as it is bound by the provisions in s. 166.031 , Fla....

...As to the specific question presented by your inquiry, I have recently given my opinion that the governing body of a municipality may propose such an amendment to the municipal charter by ordinance and submit same to the electors of the municipality for approval pursuant to s. 166.031 (1), F....

...Attorney General Opinion 078-32. Alternatively, such a proposed amendment of the municipal charter may be submitted to a vote of the electors of the municipality by a petition to that effect signed by 10 percent of the registered electors of the municipality. Section 166.031 (1)....

...1977, in pertinent part specifies that no changes in a special law or municipal charter are permitted with respect to `the terms of elected [municipal] officers and the manner of their election ' (Emphasis supplied.) without the approval by referendum of the electors of the municipality as provided in s. 166.031 , F....

.... . Therefore, the proposal you described is subject to s. 166.021 (4), F. S. 1977, so that before the city charter may be amended in this fashion, the proposal you described must be submitted to a referendum of the electors of the city pursuant to s. 166.031 , F S....

...ion and signed by 10 percent of the electors of the municipality. However, should such a proposed amendment of the city charter be adopted by a majority of the electors of the municipality voting in the referendum thereon and take effect pursuant to s. 166.031 (2), F....

without referendum approval as provided in section 166.031, Florida Statutes. In a recent opinion this

pursuant to general or special law." (e.s.) Section 166.031(1), Florida Statutes, in pertinent part, provides: