CopyCited 28 times | Published | Florida 3rd District Court of Appeal
..., therefore, not unconstitutional under Article VIII, Section 11 (5), Florida Constitution. "IV. PROPER ENACTMENT OF THE ORDINANCE "The plaintiffs have alleged that the ordinance and its amendments were not enacted in compliance with Florida Statute 166.041. Dade County contends that Section 166.041 provides a minimum standard to be followed by municipalities when enacting ordinances and it is therefore inapplicable....
...procedural requirements. "Regardless of which contention is correct, it is not necessary for the Court to determine exactly which procedural requirements must be followed since the plaintiffs have not established any violation of the requirements of Section 166.041, Florida Statutes....
CopyCited 25 times | Published | Florida 3rd District Court of Appeal | 1980 Fla. App. LEXIS 16695
...Appellees have described only the nature and degree of formality of a resolution. A resolution is "an expression of a governing body concerning matters of administration, an expression of a temporary character, or a provision for the disposition of a particular item of the administrative business of the governing body." § 166.041(1)(b), Fla....
CopyCited 21 times | Published | Florida 1st District Court of Appeal
...special assessment liens upon real property following nonpayment by the owners of such property for garbage fees. Appellants' third point complains that the titles to ordinances 35 and 50 of the Town of Mexico Beach were not legally sufficient under Section 166.041(2), Florida Statutes (1975), added by Ch....
CopyCited 19 times | Published | Florida 4th District Court of Appeal | 1994 WL 486627
...Senate Staff Analysis & Economic Impact Statement, CS/SB 358 (April 11, 1990). [7] In City of Sanibel v. Buntrock,
409 So.2d 1073 (Fla. 2d DCA 1981), rev. denied,
417 So.2d 328 (Fla. 1982), the second district concluded that the city was required to comply with section
166.041 (the statute which governs the enactment of municipal zoning ordinances, not county ordinances which are governed by section
125.66) before it could pass an emergency one year moratorium on building permits....
...taff and the courts have looked to municipal ordinance cases for guidance; and the courts have generally held that municipal ordinances which substantially impair the use of land are invalid if they were not enacted with the formality required under section 166.041(3)(c)....
...[6] The Broward County ordinance contains a severability clause, so the entire Code would not necessarily be rendered invalid even if a portion of it were to be considered a land use regulation. [7] Oddly, chapter 90-152 would not have affected City of Sanibel since it does not amend section 166.041....
...ained from considering a complaint to enjoin enforcement of a city ordinance governing the location of nude bars on the ground that Florida law offered no clear guidance about what constitutes a "substantial change" in land use within the meaning of section 166.041(3)....
CopyCited 18 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 99
...tain the invalidation of the Council's actions. See B.M.Z. Corp. v. City of Oakland Park,
415 So.2d 735 (Fla. 4th DCA 1982). REVERSED. MILLS and ZEHMER, JJ., concur. NOTES [1] The legislature has required such notice for certain subjects. See, e.g., Section
166.041(3)(c), Florida Statutes.
CopyCited 17 times | Published | District Court, S.D. Florida | 1990 U.S. Dist. LEXIS 5484, 1990 WL 58671
...shall remain in full force and effect as previously enacted. Section 6. The City notified the public of the May 16, 1989 City Commission meeting through an advertisement that was less than one-quarter page. The notice provisions of Florida Statutes Section 166.041 require that these advertisements "be no less than one-quarter page in a standard size or a tabloid size newspaper." [2] Consequently, on June 5, 1989, Boynton Beach's City Attorney, Raymond Rea, presented to the City's Planning & Zon...
...wanted when they conveyed the property. On June 20, 1989, the City Commission repealed Ordinance 89-12 and enacted Ordinance 89-17. As with Ordinance 89-12, the City enacted Ordinance 89-17 in violation of the notice requirements of Florida Statutes Section 166.041....
...Failure to Comply With State Notice Requirements As their final challenge to Ordinance 89-17, Plaintiffs contend that the ordinance is legally defective and void because it was not adopted by the City in accordance with the notice provisions of Florida Statutes Section 166.041(3)(c)2. Plaintiffs claim that at the first public hearing on Ordinance 89-17, the City failed to announce the day, time, and place at which the second public hearing would be held as required by § 166.041(3)(c)2.a. Plaintiffs also claim *1102 that on the maps used in the public hearing advertisements, the City failed to clearly indicate the area covered by the proposed ordinance and failed to include major street names in accordance with § 166.041(3)(c)2.b. The City concedes that it did not comply with the notice provisions of § 166.041....
...y Ordinance 89-17. The Court therefore holds that Plaintiffs have standing to challenge the ordinance under Florida law. The City also claims that where a proposed zoning ordinance affects uses in an entire city, Florida law is unclear as to whether § 166.041 requires the advertisement maps to contain street names....
...l issues this case raises. The Court therefore refuses to stay its hand and proceeds to address Plaintiffs' state law claims. Plaintiffs' proof establishes, without contradiction from the City, that Ordinance 89-17 was not adopted in accordance with section 166.041(3)(c)2....
...mstances under which noncompliance with the statute may be excused so as to result in the passage of a valid zoning ordinance. Based on the uncontroverted evidence, the Court finds that Ordinance 89-17 was not enacted pursuant to the requirements of Section 166.041. The ordinance is therefore deemed null and void because of the City's failure to comply with the procedural requirements of Section 166.041....
...t declaring that Ordinance 80-30 was unconstitutional and the City would not be enforcing it. Rea was responsible for evaluating the City's ordinances and instructing the City's employees as to the enforcement of the ordinances. [2] Florida Statutes Section 166.041(3)(c)2 provides in pertinent part: 2....
...at ...... (meeting place) ....... The advertisement shall also contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the area. .... § 166.041, Fla.Stat. (1989). [3] See Florida Statutes Section 166.041, supra note 1....
CopyCited 14 times | Published | Florida 1st District Court of Appeal
...Appellants urge that the City of Jacksonville's Air Installation Compatible Use Zone ordinance ("AICUZ"), Ordinance 78-256-271, should be found invalid for the following three reasons: (1) the City of Jacksonville did not strictly adhere to the special notice and hearing requirements for rezoning of land, as required by Section 166.041, Florida Statutes; (2) the land use restrictions imposed by the AICUZ ordinance are applied only to land surrounding military air installations in the Jacksonville area and not to any land in the vicinity of Jacksonville's municipal a...
...the US Navy, it unconstitutionally takes or restricts property rights that may only be purchased through the government's exercise of the power of eminent domain. We agree with appellants' contention ((1) above) that the procedural prerequisites of Section 166.041 [1] were not followed by the City of Jacksonville and, disposing of the case on this issue, find no need to reach the other constitutional arguments advanced....
...[3] And since this ordinance does, in fact, constitute an amendatory zoning ordinance, see, e.g., City of Sanibel v. Buntrock,
409 So.2d 1073 (Fla. 2nd DCA 1981), the ACIUZ ordinance must be deemed null and void because of the City's failure to comply with the procedural requirements of Section
166.041. REVERSED. WENTWORTH and JOANOS, JJ., concur. NOTES [1] Section
166.041(3)(c), Florida Statutes (1978), provides for a notice and hearing procedure before adoption of an ordinance rezoning specific parcels of private real property, and paragraph 2....
CopyCited 14 times | Published | District Court, M.D. Florida | 1997 WL 533569
...See Local Rule 3.10. (2) Enactment Procedures/Due Process Claim Defendant moves for partial summary judgment on Plaintiffs' complaint with respect to Plaintiff's allegation that the City did not follow the procedural requirements set forth in Florida Statutes, § 166.041(3)(c), in the enactment of the two Ordinances. It is undisputed that the two Ordinances, 94-190-651 and 95-307-109, were not enacted in strict accordance with the procedures set forth in Fla. Stat. § 166.041(3)(c)2. Ordinance 94-190-651 was advertised 14 days in advance of the public hearing, rather than *1434 the 5 days specified by section 166.041(3)(c)(2). Ordinance 95-307-109 was enacted as an emergency ordinance and did not comply with any of the requirements of § 166.041(3)(c)(2)....
...id enactment of a zoning measure. Ellison v. City of Fort Lauderdale,
183 So.2d 193 (Fla.1966). Ordinances which do not comply with the notice requirements are void. Daytona Leisure Corp. v. Daytona Beach,
539 So.2d 597, 599 (Fla.App.1989). However, §
166.041(3)(c)(2) applies only to ordinances which substantially affect the use of land....
...See e.g., Ordinance 94-190-651, § 656.1103(a)(1)-(4). However, the City argues that the provisions of the Ordinances that clearly affect conduct and interior structural requirements do not have to be in compliance with the notice and hearing requirements of section 166.041(3)(c)(2)....
...Nonetheless, the Court finds that the enactment procedures as to Ordinance 94-190-651 were complied with. The only potential defect Plaintiffs point to advertising the second public hearing 14 days in advance of the hearing, rather than the 5 days specified in section 166.041(3)(c)(2) does not render the Ordinance void for failure to comply *1435 with the notice provisions of the statute. The undisputed evidence demonstrates that the City complied with each of the minimum requirements of section 166.041(3)(c)(2). See Exhibit A to the City's Memorandum in Support of its Motion for Partial Summary Judgment as to Enactment Procedures (Doc. No. 58). Section 166.041(8) provides that "[t]he notice procedures required by this section are established as minimum notice procedures." Id....
...The five day requirement is a minimum requirement. Plaintiffs have cited to and the Court has found no cases which indicate that extra notice violates the statute. Therefore, the Court finds that the fourteen days notice complies with the requirements of § 166.041(3)(c)(2), and Defendant's Motion for Partial Summary Judgment as to Enactment Procedures of Ordinance 94-190-651 is GRANTED. The Court also agrees that only the portions of Ordinance 95-307-109 that "substantially affects the use of the land" have to comply with the § 166.041(3)(c)(2) notice and hearing requirements....
...Moreover, section 656.1109, which guarantees the right to operate a facility while awaiting a decision on an application for an exception, is not an ordinance which substantially affects the use of land. Thus, the City did not have to comply with the notice requirements of § 166.041(3)(c)(2)....
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 14 Fla. L. Weekly 647, 1989 Fla. App. LEXIS 1233, 1989 WL 20583
...That judgment has been appealed and afforded expeditious consideration. Daytona Leisure contends that the emergency ordinance is legally defective and void because it is a zoning ordinance, and, as such, was enacted without providing notice and an opportunity to be heard as required under section 166.041(3)(c), Florida Statutes (1987)....
...permitted. It is sheer sophistry to say this is not a substantial change in a use previously permitted to the owner of property who is actively constructing an entertainment facility thereon to the tune of $800,000.00 or more. The City's reliance on section 166.041(3)(b), which authorizes the adoption of emergency ordinances, is misplaced; that statute expressly provides that "no emergency ordinance shall be enacted which enacts or amends a land use plan or which rezones private real property." See Baywood Construction, Inc....
...Buntrock,
409 So.2d 1073 (Fla. 2d DCA), review denied,
417 So.2d 328 (Fla. 1982). Florida follows the majority view whereby measures passed in contravention of notice requirements are invalid (null and void if not strictly enacted pursuant to the requirement of section
166.041)....
...Clay County Zoning Commission,
225 So.2d 555 (Fla. 1st DCA 1969). Where an ordinance substantially affects land use (substantially changes permitted use categories) or rezones specific parcels of private real property, it must be enacted under the procedures that govern zoning and rezoning, i.e., section
166.041(3)(c)....
CopyCited 13 times | Published | Court of Appeals for the Eleventh Circuit | 1986 U.S. App. LEXIS 34498, 35 Educ. L. Rep. 1037
resolution is “enforceable as a local law.” Fla. Stat. §
166.041(l)(a) (West Supp.1985). A resolution is defined
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 1933
...n the validity of the adoption of Ordinance No. 77-48. Appellants' proof before the trial court established, *306 without objection or contradiction, that neither Ordinance No. 72-25 nor No. 77-48 had been legally adopted in accordance with sections 166.041(3)(c)(1) and (2), Florida Statutes (1977) (formerly sections 176.05 and .06, Florida Statutes (1971))....
...77-48, seeks to regulate "all exterior signs, so as to protect health and safety and to promote the public," Dunedin, Fla., Code § 3-13 (1972), the ordinance and its amendment are zoning ordinances which are null and void if not strictly enacted pursuant to the requirements of section 166.041 (formerly sections 176.05 and.06)....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal
...172-F was not read aloud, either by title or in full, on either of the two occasions when it came before the city council. Appellant Moore, in deposition, admitted the sole basis for the City's denial of the Austins' application for a building permit was the purported enactment of Ordinance No. 172-F. Section 166.041(3)(a), Florida Statutes (Supp....
...172-F was never read aloud at any open council meeting, either in its entirety or by its title; and (2) the sole basis for the denial of the Austins' application for a building permit was the purported passage of the ordinance prior to the Austins' applying for said permit. The court concluded as a matter of law: (1) Section 166.041(3)(a) requires that a proposed ordinance be read aloud at a minimum of two meetings; the word "may" as used in the subsection in conjunction with *488 the words "on at least 2 separate days" makes reading either by title or in full ma...
CopyCited 10 times | Published | Supreme Court of Florida | 19 Fla. L. Weekly Supp. 662, 1994 Fla. LEXIS 1973, 1994 WL 708403
...sed by the legislature, [1] and article XI imposes a single-subject requirement for constitutional amendments proposed by initiative petition. [2] Section
125.67, Florida Statutes (1991), applies the single-subject rule to county ordinances, [3] and section
166.041(2) places a single-subject requirement on municipal ordinances....
...[3] Section
125.67, Florida Statutes (1991), provides in relevant part:
125.67 Limitation on subject and matter embraced in ordinances; amendments; enacting clause. Every ordinance shall embrace but one subject and matter properly connected therewith... . [4] Section
166.041(2), Florida Statutes (1991), provides in relevant part: Each ordinance or resolution shall be introduced in writing and shall embrace but one subject and matters properly connected therewith.
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 2000 WL 1369878
...See also City of St. Petersburg v. Schweitzer,
297 So.2d 74, 76 (Fla. 2d DCA 1974), cert. denied,
308 So.2d 114 (Fla.1975). *1244 Under Florida law, ordinances which substantially affect the use of land must comply strictly with the notice requirements of §
166.041(3)(c)1., Fla.Stat....
CopyCited 8 times | Published | Florida 4th District Court of Appeal
...The second and final reading of the ordinance occurred on April 16, 1979. At that hearing appellees' counsel argued the merits of the zoning question but did not reiterate his objection to the notice. We first address the question of whether timely notice was given. The applicable provision is contained in Section 166.041(3)(c)(1), Florida Statutes (1979): In cases in which the proposed rezoning involves less than 5 percent of the total land area of the municipality, the governing body shall direct the clerk of the governing body to notify by mail each...
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1982 Fla. App. LEXIS 22127
...tion of impact fees. Even though the vote was three to zero, the ordinance was ineffective and subject to attack because an emergency ordinance must pass by a two-thirds vote of a municipality's governing body in order to be valid under Florida law. Section 166.041(3)(b), Florida Statutes (1981)....
CopyCited 7 times | Published | District Court, S.D. Florida | 1987 U.S. Dist. LEXIS 13730
...These alleged defects are the only grounds raised by the plaintiff in its motion for summary judgment. The court will address each argument separately. DEFECTIVE TITLE The plaintiff has attacked Ordinance C-84-91 on the ground that this particular ordinance has a "defective title" and is in violation of Florida Statute § 166.041(2). Section 166.041(2) requires: "Each ordinance or resolution shall be introduced in writing and shall embrace but one subject and matters properly connected therewith. The subject shall be clearly stated in the title." Fla.Stat.Ann. § 166.041(2) (West Supp.1987)....
...The title of Ordinance C-84-91 was sufficient to lead to inquiry of the contents of the ordinance. FAILURE TO COMPLY WITH STATE NOTICE REQUIREMENTS The plaintiff also contends that both Ordinance C-84-91 and Ordinance C-84-100 are invalid because the City failed to comply with the notice provisions of Florida Statute § 166.041(3)(c). As Amended, section 166.041(3)(c) requires that ordinances "which rezone specific parcels of private real property or which substantially change permitted use categories in zoning districts shall be enacted pursuant to ..." certain enumerated notice provisions contained within this subsection. Fla.Stat.Ann. § 166.041(3)(c) (West Supp.1987). The City concedes that it failed to comply with the notice provisions contained in section 166.041(3)(c), but argues that the procedure for passage of the two ordinances is governed instead by Florida Statute section 166.041(3)(a). The City maintains that it did comply with section 166.041(3)(a) and the plaintiff has not disputed this contention....
...[3] The enactment of the two ordinances has not changed the zoning of the land on which the plaintiff's business is located, the property remains zoned for business use. Therefore, the enactment of the two ordinances did not constitute a rezoning of "specific parcels of real property" as contemplated by section
166.041(3)(a). The remaining question facing the court is whether the passage of the two ordinances resulted in a substantial change in a permitted use category, as that phrase is used in section
166.041(3)(c). As it existed prior to 1983, section
166.041(3)(c) required municipalities in Florida to meet certain detailed notice provisions for ordinances whose effect was to impose a restriction upon the use of land. See Fountain v. City of Jacksonville,
447 So.2d 353, 355 (Fla.Dist.Ct.App.1984) (amendatory zoning ordinances must comply with the former version of section
166.041(3)(c)). As the statute stands amended, however, Florida municipalities are required to give the more detailed form of notice provided for under section
166.041(3)(c), only if the changes in permitted use categories are "substantial." Proposed ordinances which result in insubstantial changes or changes which do not constitute a rezoning of the property may be advertised and passed in accordance with section
166.041(3)(a) (1987). [4] The phrase "substantially change permitted use category" is not defined in the statute. In 1983, the Legislature of Florida amended subsection (3)(c) of section
166.041 by inserting the above language. The parties have not cited nor has the court found any cases which construe the new version of the statute. The defendant argues that the notice provisions of section
166.041(3)(a) would have been triggered only if the City intended by its ordinance to abolish or disallow nude dancing entirely. Under the defendant's theory, because the ordinances only *492 involved a restriction on the number of potential sites available for nude dancing, the City was not required to comply with section
166.041(3)(c)....
...[5] The Opinion only treats the issue of addition of other uses within a specific zoning category. The Opinion concludes that "addition" of other permitted uses within a particular zoning district does constitute a "substantial" change in permitted uses under section 166.041(3)(c)....
...Florida House of Representatives, Staff Analysis, Committee on Community Affairs, June 23, 1983, at 1 (1983). The plaintiff maintains that the Staff Analysis supports its contention that even the most minor changes in a permitted use category must be noticed in compliance with the provisions of section 166.041(3)(a). There is nothing in the House of Representative Staff Analysis which warrants such a conclusion. As the Staff Analysis notes, the prior version of section 166.041(3)(c) required "more stringent publication and public hearing requirements ......
...be to alter existing uses of land or permissible activities upon land." Id. at 1. As the statute stands amended, however, only "substantial changes in permitted use categories" require the more detailed form of notice and advertisement provisions of section 166.041(3)(c)....
...The court is without guidance from the Florida courts or the statute itself on the question of what action by a municipality constitutes a substantial change in a permitted use category. The question is not merely academic. If the ordinances were passed in contravention of section 166.041(3)(c), under Florida law the ordinances are "null and void." David v....
...Pullman abstention is appropriate when there is an unsettled question of state law, the question is "dispositive of the case and [resolution of the question] would avoid, or substantially modify the constitutional question." Duke,
713 F.2d at 1510. As the foregoing discussion regarding section
166.041(3)(c) demonstrates, the meaning of this particular provision of the Florida Statutes, as amended, is uncertain....
...ed in violation of the City Charter. See Plaintiff's Response to the Motion to Dismiss at 7. [3] Alcoholic Beverage establishments are permitted in business zones B-1-A; B-1-B; B-1-C; B-1; B-2; B-3; and B-3-C, within the City of Fort Lauderdale. [4] Section 166.041(3)(a) provides: Except as provided in paragraph (c), a proposed ordinance may be read by title, or in full, on at least 2 separate days and shall, at least 10 days prior to adoption, be noticed once in a newspaper of general circulation in the municipality....
...place or places within the municipality where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Fla.Stat.Ann. § 166.041(3)(a) (West Supp.1987). [5] Florida Attorney General Opinion 084-63, issued July 12, 1984, addresses the issue of whether placement of additional uses such as daycare centers, foster homes and adult congregate living facilities requires notice under subsection (c) of section 166.041(3)....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1987 WL 494
...State,
415 So.2d 109 (Fla. 3d DCA 1982). Finally, and significantly, the neighborhood study once adopted by ordinance is no longer an expression of general policy. The study becomes a permanent law of local government which continues in force until repealed. §
166.041(1)(a), Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
...Ultimately the court declared the ordinance invalid and directed the city to process Buntrock's application. The basis for the court's ruling was that the city had not enacted the moratorium ordinance pursuant to the notice and hearing requirements of section 166.041(3)(c)1., Florida Statutes (1979), [1] that are applicable to ordinances "which rezone private real property." [2] The city concedes that it did not follow the procedure outlined in the statute but argues that it was unnecessary to do so because the moratorium ordinance did not constitute rezoning....
...on land use. Consequently, it is not too much to ask that a municipality follow the same procedures with respect to notice and hearing before it puts such a moratorium into effect. AFFIRMED. SCHEB, C.J., and HOBSON and GRIMES, JJ., concur. NOTES [1] Section 166.041(3)(c)1. applies to ordinances affecting less than 5% of the total land area of a city which was the case here. [2] In adopting the ordinance in question, the city followed section 166.041(3)(a), Florida Statutes (1979), which prescribes the ordinary method for enacting ordinances. However, this section specifically excepts "rezoning" ordinances which must be enacted according to the procedure prescribed in section 166.041(3)(c). Section 166.041(3)(b) authorizes the adoption of emergency ordinances but stipulates that a municipality cannot use an emergency ordinance to amend a land use plan or rezone private real property. [3] At one point in its brief, Sanibel contends that because it accomplishes its land use control through the vehicle of a comprehensive land use plan adopted under the authority of the Local Government Comprehensive Planning Act of 1975, section 166.041(3)(c) has no continuing efficacy in the City of Sanibel....
...ision or provisions of law relating to local government." Significantly, however, Sanibel overlooks the fact that the procedure to be followed in amending a land use plan involving less than 5% of the total land area is the same as that set forth in section 166.041(3)(c)1....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1998 WL 64088
...On July 14, 1997, the City Commission held a duly noticed public hearing on the first reading of an ordinance which would authorize the execution of a purchase and sale agreement with Watchtower. After the second hearing, the Commission approved the ordinance by a vote of four to one on July 28, 1997. Pursuant to section 166.041(4), Florida Statutes (1997), a municipal ordinance takes effect ten days after its passage....
...r 2. Approval by vote of the city electors in a referendum election called and held as provided thereby. Code § 2-18(27)(c)(1997)(emphasis added). The adoption of an ordinance requires more notice and public hearings than a resolution requires. See § 166.041(3)(a)....
...Petersburg's narrow holding does not compel us to agree with the trial court that an ordinance authorizing the sale of a major city asset cannot be the subject of a referendum. See also City of Lake Worth v. State,
111 So.2d 433 (Fla. 1959). Appellees also argue that section
166.041(1)(a), Florida Statutes, when read in tandem with section
6.02 of the Charter, permits a referendum only when the action taken is legislative in nature, as distinguished from executive or administrative. Section
166.041(1)(a) defines "ordinance" as "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." Section
166.041(1)(b) defines a "resolution" as "an expression of a governing body concerning matters of administration, an expression of a temporary character, or a provision for the disposition of a particular item of the administrative business of...
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2000 WL 1819401
...ys, which the Town suggests, the Town Commission authorized an act contrary to its own ordinances and, therefore, its approval was ultra vires and void. The trial court opined that the permissive use was on "the same level of an ordinance" but under section 166.041, Florida Statutes (1997), there are certain procedures to follow and requirements to be met in order to adopt an ordinance, none of which were followed here....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2001 WL 1613894
...We agree with Coleman and Henshaw and reverse the single final judgment entered in these two cases. As ordinance no. 98-31 was an effort to change the permitted uses within the City's residential zoning category (or categories), the City was required by section 166.041(3)(c)(2), Florida Statutes (1997), to hold two advertised public hearings to consider its enactment. The first public hearing was required to be held at least seven days after the day that the first advertisement was published, while the second public hearing was to be advertised at least five days prior to the date set for that public hearing. § 166.041(3)(c)(2)(a), Fla....
...In an attempt to rectify the situation, the City rescheduled the second hearing for November 10, 1998, with the advertisement therefor being published on November 8. This advertisement two days prior to the second public hearing did not comply with the five-day mandate of section 166.041(3)(c)(2). Nonetheless ordinance no. 98-31 was attempted to be enacted at the hearing on November 10. The courts have consistently held that ordinances which fall within the ambit of section 166.041(3), Florida Statutes (1997) must be strictly enacted pursuant to the statute's notice provisions or they are null and void....
...Indeed, the havoc and confusion such a storm causes make strict compliance even more important, so that the *86 opportunities meant to be provided are not lost in the storm's wake. Ordinance no. 98-31 is null and void for failure to comply with the notice requirements of section 166.041(3)(c)(2), Florida Statutes (1997)....
CopyCited 4 times | Published | Supreme Court of Florida | 2008 WL 4241076
...he Act be read twice. "Statutory interpretation is a question of law subject to de novo review." BellSouth Telecomm., Inc. v. Meeks,
863 So.2d 287, 289 (Fla. 2003). Because section
163.346 incorporates only the public notice requirements of sections
166.041(3)(a) and
125.66(2), Florida Statutes (2006), we conclude that two readings are not required for municipal resolutions adopted pursuant to the Community Redevelopment Act....
...163.387; creates a community redevelopment agency; approves, adopts, or amends a community redevelopment plan; or issues redevelopment revenue bonds under s.
163.385, the governing body must provide public notice of such proposed action pursuant to s.
125.66(2) or s.
166.041(3)(a) .... (Emphasis added.) And section
166.041(3)(a), which applies to municipalities, provides: *168 Except as provided in paragraph (c), a proposed ordinance may be read by title, or in full, on at least two separate days and shall, at least 10 days prior to adoption, be noticed once in a newspaper of general circulation in the municipality....
...Section
163.346 specifies that the governing body of a municipality or county must give public notice and mail a timely notice to each relevant taxing authority before adopting resolutions pursuant to the Community Redevelopment Act. This public notice is subject to the standards set forth in section
166.041(3)(a) or
125.66(2). Although sections
166.041(3)(a) and
125.66(2) include additional procedures for enacting municipal and county ordinances respectively, they contain the identical public notice requirements....
...lace of the meeting; the title or titles of the proposed ordinance; and the place or places where the proposed ordinance may be inspected by the public; and (5) that the notice advise that interested parties may appear and be heard at the meeting. §§
166.041(3)(a);
125.66(2)(a), Fla. Stat. Because section
163.346 incorporates only the public notice requirements of sections
166.041(3)(a) and
125.66(2), we find that section
163.346 does not impose a two-reading requirement for resolutions adopted pursuant to the Community Redevelopment Act....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1982 Fla. App. LEXIS 20855
...First, authority supports the proposition that invalidity of the effective date of an ordinance does not render the ordinance void. [4] Second, disregarding the foregoing *737 authority, there is reason to conclude, as we do, that the effective date in the ordinance was valid. Section 166.041(4), Florida Statutes (1979), provides that all ordinances "shall become effective 10 days after passage or as otherwise provided therein " (emphasis supplied). Section 166.041(6) then states in part: The procedure as set forth herein shall constitute a uniform method for the adoption and enactment of municipal ordinances and resolutions and shall be taken as cumulative to other methods now provided by law for adoption and enactment of municipal ordinances and resolutions....
...The key word to us in section (6) is "cumulative," which means "additional." [5] By selecting this word, the legislature apparently intended to give the City freedom to choose which procedure it wanted to use in selecting the effective date of its ordinances, either that set forth in its charter or that authorized by section 166.041(4)....
...City of Oakland Park,
396 So.2d 830 (Fla. 4th DCA 1981), the electorate overwhelmingly affirmed the ordinance. [4] 5 Municipal Corporations § 15-39 (McQuillin ed. 1981). [5] Black's Law Dictionary 343 (5th ed. 1979). [6] Although we expressly rest our decision on the construction of section
166.041 and although we requested the parties to file additional briefs on questions dealing solely with our review of the order dissolving the temporary injunction, we find it difficult to see the harm occasioned appellant by the delay of th...
CopyCited 4 times | Published | District Court, M.D. Florida | 15 Employee Benefits Cas. (BNA) 1040, 1992 U.S. Dist. LEXIS 3530, 1992 WL 59028
...However, the implementing ordinance was not self-executing; it required ratification by referendum. In February 1977, the voters approved the ordinance by referendum, but it was subsequently declared void because it had been improperly advertised, under Florida Statutes, section 166.041....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...notice, public hearings, etc. The court went on to say that these limitations were designed to protect the public from hasty or ill-advised use of that authority. In this case, the City of Gainesville has a specific grant of power concerning zoning, Section 166.041(3)(c), Florida Statutes (1979), which contains specific limitations (notice, opportunity to be heard, etc.) on the use of that power....
CopyCited 4 times | Published | District Court, M.D. Florida | 1991 U.S. Dist. LEXIS 1843, 1991 WL 16676
...ace and as applied to all religious groups, the amended ordinance violates the first, fourth, fifth and ninth amendments of the United States Constitution; sections 2, 3, 4, 5, 9, 17, and 23 of Article I of the Florida Constitution; Florida Statutes § 166.041(3)(a); and Clearwater City Charter § 2.09....
CopyCited 4 times | Published | District Court, S.D. Florida | 2007 U.S. Dist. LEXIS 12983, 2007 WL 628131
...Plaintiffs did not put forth any evidence of ramifications of their emotional distress. See, e.g., Price v. City of Charlotte, N.C.,
93 F.3d 1241, 1254-56 (4th Cir.1996). The City was required to hold the public meeting and allow members of the public to speak to the Ordinance. See Fla. Stat. §
166.041....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1993 WL 383011
...(applying the single subject rule to legislative acts); Art. XI, § 3, Fla. Const. (applying the single subject rule to amendments by initiative to the Florida Constitution); §
125.67, Fla. Stat. (1991) (applying the single subject rule to county ordinances); §
166.041(2), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 1321, 1987 Fla. App. LEXIS 8349
...ance established an impact fee. They argued that impact fee ordinances are, by their nature, intent, substantial effect and practical impact, actually land use and development regulations which must be enacted pursuant to the procedures set forth in section 166.041(3)(c)(2), *769 Florida Statutes (1979). In response to cross-motions for summary judgment, the court found that ordinance 63-80 is not of such a nature as to have required that it be enacted in compliance with section 166.041(3)(c)(2) and entered a judgment for Cape Coral....
...See Contractors and Builders Association v. City of Dunedin,
329 So.2d 314 (Fla. 1976). They do contend, however, that the ordinance was improperly adopted and that it, therefore, is null and void. The record reflects that in adopting the ordinance under consideration, the city followed section
166.041(3)(a), Florida Statutes (1979). This section sets forth the ordinary procedures which must be followed in adopting a municipal ordinance other than one which rezones private real property. A rezoning ordinance must be adopted by following the stricter procedures set forth in section
166.041(3)(c)(2). This court has held that zoning ordinances are null and void if not strictly enacted pursuant to the requirements of section
166.041. David v. City of Dunedin,
473 So.2d 304 (Fla.2d DCA 1985). We have also held that if an ordinance substantially affects land use, it must be enacted under the procedures which govern zoning and rezoning, i.e., section
166.041(3)(c)(2). City of Sanibel v. Buntrock,
409 So.2d 1073 (Fla.2d DCA), petition for review denied,
417 So.2d 328 (Fla. 1982). We agree with the trial court's determination that ordinance 63-80 did not have to be enacted pursuant to the requirements of section
166.041(3)(c)(2)....
...A valid impact fee ordinance enacted for the purpose of capital expansion is not a zoning ordinance, and the imposition of a fee for this purpose does not substantially restrict the use of one's property. See Buntrock. Such an ordinance, therefore, may be properly adopted by using the procedure set forth in section 166.041(3)(a)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...cause they did not contain reasonable standards or guidelines and are vague, indefinite and uncertain. *188 In support of the trial court's findings appellees submit that the ordinances in question were invalid because they violate the provisions of Section 166.041, Florida Statutes (1973)....
...Specifically, appellees contend that 1) the titles of the ordinances in question are defective because they do not contain the subject matter of the ordinance, and 2) the amendatory ordinances are deficient because they do not republish at length the section or subsection of the ordinance which is being amended. Section 166.041, Florida Statutes (1973), in pertinent part, provides: "166.041....
...The title need not be an index to the contents. It is not necessary that it delineate in detail the substance of the statute. King Kole, Inc., supra . Our review of the ordinances in question satisfies us there was no violation of the statutory requirements of Section 166.041(2), Florida Statutes (1973)....
...n and indefinite because the transcript of the hearing demonstrates that he heard no evidence bearing on that question. Accordingly, we reverse that portion of the final judgment which held the ordinances in question are invalid because they violate Section 166.041, Florida Statutes (1973), and we remand the cause to the trial court to take additional testimony and make specific findings relative to the constitutionality of the Impact Review provisions of Ordinance 993 as amended....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1988 WL 18581
...City of Miami Beach,
146 Fla. 676, 681,
1 So.2d 642, 645 (1941). Applying well-settled law we conclude that Ordinance 314 is not substantively unconstitutional. On the procedural point the trial court held Ordinance 314 invalid and unconstitutional for failure to comply with section
166.041(3)(c)(2)(a), Florida Statutes (1976), which requires two advertised public hearings on a proposed zoning ordinance prior to its enactment....
...Although the court did not state how the failure occurred, the Town assumes, and appellee Driggs agrees, that the finding is addressed to an allegation that the time and place of a second public hearing was not announced. Significant to our analysis is section 166.041(3)(a) which expresses the fundamental purpose underlying any requirement for notice....
...quate notice and an opportunity to be heard, before a zoning ordinance is enacted, is a procedural right which may be asserted by one who acquires an interest in the affected land several years after the ordinance becomes law. Considered in light of section 166.041(3)(a), and the case law construing similar enabling statutes, the proposition is also without a logical foundation....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 14 Fla. L. Weekly 1496, 1989 Fla. App. LEXIS 3539, 1989 WL 69786
...liminated gas stations as a permitted use in B-2 districts. In this case, Amoco attacked the validity of the new ordinances, 1500.191 and 1500.198, because they were not properly enacted since they did not comply with the publication requirements of section 166.041, Florida Statutes, which the trial court held were "mandatory and jurisdictional" requirements....
...City of Coral Gables,
119 So.2d 704 (Fla. 3d DCA 1960), cert. discharged,
126 So.2d 739 (Fla. 1961). The City argues that, even though the procedure in enacting the subsequent ordinances did not technically conform to the advertisement requirements of section
166.041, the trial court should not have relied upon the invalidity of the law absent a vested right/equitable estoppel, citing City of Fort Pierce v....
CopyCited 3 times | Published | District Court, S.D. Florida | 1988 U.S. Dist. LEXIS 5675, 1988 WL 63013
...28 as an emergency city ordinance. The Florida statute was adopted in its entirety, and identically, except for the penalty which added a jail sentence of up to sixty days. An ordinance by its very definition is a legislative action. Florida Statute section 166.041(1)(a) defines "ordinance" as 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." Fla.Stat.Ann. section 166.041(1)(a) (West 1987)....
...nsistent with public morals, peace and safety. It is Plaintiffs' contention that the passage of this resolution is not a legislative act, but is rather an administrative act entitling the Defendants, at best, to a qualified immunity. Florida statute section 166.041(1)(b) defines resolution as "an expression of a governing body concerning matters of administration, an expression of a temporary character, or a provision for the disposition of a particular item of the administrative business of the governing body." Fla.Stat.Ann. section 166.041(1)(b) (West 1987)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 2401, 2003 WL 553980
...It said: The legislative staff and the courts have looked to municipal ordinance cases for guidance; and the courts have generally held that municipal ordinances which substantially impair the use of land are invalid if they were not enacted with the formality required under section 166.041(3)(c) [the statute which governs the enactment of municipal zoning ordinances]....
CopyCited 2 times | Published | Supreme Court of Florida | 1994 WL 570638
...nfair to the several counties which have reasonably relied upon that opinion to enact similar taxes to suddenly declare them illegal. Appellant also asserts that Orange County should have enacted Ordinance 91-17 pursuant to procedures established in section
166.041, Florida Statutes (1991), and not pursuant to section
125.66(1), Florida Statutes (1991). We disagree. Section
166.041 enumerates the procedures a municipality must follow when enacting an ordinance....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1982 Fla. App. LEXIS 19693
...The Charter of the City of Winter Springs clearly provides for holding the referendum election in this case. [7] The record shows that in adopting the ordinance by which the zoning was changed on the subject property, the City complied with all procedural requirements of section 166.041(3)(c)(1), Florida Statutes (1979), pertaining to zoning and rezoning....
CopyCited 2 times | Published | District Court, M.D. Florida | 2004 U.S. Dist. LEXIS 12223, 2004 WL 1444723
...may not be located within 2,500 feet of the real property that comprises a public or private elementary school, middle school, or secondary *1368 school unless the ... municipality approves the location under proceedings as provided in ... [section]
166.041(3)(c) ...." [10] A violation of Section
847.0134 constitutes a third-degree felony....
...depressed them. In the absence of anything other than speculation as to the validity of this figure, the Court will assume that it accurately represents the number of entities operating or intending to operate adult businesses in Daytona Beach. [10] Section 166.041(3)(c), Florida Statutes, governs notice and other procedural requirements for consideration of municipal ordinances that would change the zoning of particular parcels or change the uses permitted within particular zoning classifications....
CopyCited 2 times | Published | District Court, N.D. Florida | 1993 U.S. Dist. LEXIS 18698, 1992 WL 554233
...According to plaintiff, before converting the residentially-zoned property to these non-residential uses, the City was "required to engage in a formal rezoning process with notice to public or to affected owners." Document 46 at 21. The City's failure to provide such notice violates both Section 166.041, Florida Statutes and the United States Constitution....
...inance was changed to accommodate the proposed construction. Before converting the Oven Park property to uses not authorized by the residential zoning classification, the city was required to engage in a formal rezoning proceeding in accordance with Section 166.041, Florida Statutes. [8] Section 166.041(3)(a), Florida Statutes provides, in pertinent part, that Except as provided in paragraph (c), a proposed ordinance ......
...ate or proprietary function is that in the case of the former, the municipal corporation is executing the legislative mandate with respect to the public duty generally, while in the other, it is exercising its private rights as a corporate body. [8] Section 166.041(3)(a) states the notice requirements for the adoption of a municipal ordinance. Ordinances "which rezone specific parcels of private real property or which substantially change permitted use categories in zoning districts" are subject to the more rigid requirements of Section 166.041(3)(c). This case involves the rezoning of public real property. Because no notice was given to plaintiff, it is immaterial (and this court need not decide) whether section 166.041(3)(a) or 166.041(3)(c) governs this action....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...LEVY, Judge. This case involves the validity of Ordinance Number 2763 of the City of Coral Gables, which was adopted in January of 1988. We affirm the trial court's finding that the ordinance is invalid because the requisite notice was not provided under Section 166.041(3)(a), Florida Statutes (1987)....
...The trial court held that the ordinance was invalid, declared the previously issued building permit void, and enjoined the City from issuing any further permits under the authority of the invalid ordinance. The adoption of the ordinance was governed by Section 166.041(3)(a), Florida Statutes (1987), because the ordinance was not initiated by the City of Coral Gables, but rather was initiated as a result of the application of the property owner, the John T. McDonald Foundation. As the trial court correctly noted: Section [166.041](3)(a) is the applicable section since the purported notice that the City sent out specifically states that the City will consider application no. 325-P submitted by the John T. McDonald Foundation. The ordinance was thus initiated by a private individual, not a city or its designee, and section (3)(a) applies to this situation. Thus, the procedural provisions of Section 166.041(3)(a), rather than Section 166.041(3)(c), applied to the adoption of the subject ordinance, and required that the proposed ordinance be read by title, or in full, on at least 2 separate days and shall, at least 10 days prior to adoption, be noticed once in a newspaper of general circulation in the municipality....
...In the instant case, there was no newspaper publication of notice of the City Commission meeting at which adoption of the ordinance took place. Accordingly, the ordinance is null and void because the City failed to follow the mandatory notice requirements of Section 166.041(3)(a)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 14597, 2002 WL 31255439
...Thus, only the City Commission can set policy, and it can do so only through a duly enacted ordinance or resolution. In Florida, an ordinance is the "official legislative action of a governing body, which action is a regulation of a general and permanent nature and enforceable as a local law." § 166.041(1)(a), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 2315
...A resolution may be adopted at a regular or special meeting of the legislative body without published notice. Except in emergency cases, a proposed ordinance is subject to at least two public readings prior to adoption and must be published in a newspaper of general circulation at least ten days prior to adoption. § 166.041, Fla....
CopyCited 1 times | Published | District Court, S.D. Florida | 2003 U.S. Dist. LEXIS 8641, 2003 WL 22100039
...Corp., Inc. v. City of Fort Lauderdale,
664 F.Supp. 488 (S.D.Fla. 1987). In A.B.T., the plaintiff challenged the validity of a city ordinance on the ground that the published title was insufficient to provide adequate notice under the requirements of §
166.041, Fla....
...rtions of the proposed ordinance during the enactment process through different drafts. Rather, defendant complied with all notice and hearing requirements of §
125.66. [9] The court notes that the while Hallandale court dealt with Florida Statutes §
166.041, there is an exact correlation to the language of §
125.67, which prohibits "an ordinance from being enacted by reference to its title only." Plaintiffs have relied upon this language in their Renewed Motion for Summary Judgment at p....
CopyCited 1 times | Florida 2nd District Court of Appeal
...2014) (" 'In Florida, a municipality is given
broad authority to enact ordinances under its municipal home rule
powers.' City of Hollywood v. Mulligan,
934 So. 2d 1238, 1243 (Fla.
2006). But municipal ordinances must yield to state statutes."). The
home rule powers include zoning powers. See §
166.041(3)(c);
Hillsborough Ass'n for Retarded Citizens v....
...ower.
Section 2.09(b) specifically addresses rezoning and provides that
"[e]nactment or ordinances initiated by the city council or its designee
which rezone private real property shall be enacted pursuant to the
uniform procedure set out in Chapter 166.041(3)(c), Florida Statutes
(including all amendments thereto), which is hereby adopted and made a
part of this charter." And section 2.14 provides, in relevant part, that
"[i]n the exercise of its legislative powers[,] the council . . . shall have the
power to conduct such investigations and hold such hearings as the
council shall deem necessary, expedient, and proper and shall have the
power to compel the attendance of witnesses and production of
evidence."
Section 166.041, referenced in section 2.09(b) of the charter,
provides procedures for the adoption of ordinances. Section
166.041(1)(a) provides that an ordinance is "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." Subsection (3)
provides procedures for the rezoning of a parcel of land, including notice
and public hearings. § 166.041(3).
Thus the charter and the statute both expressly provide that the
City Council, as a legislative body, has the power to pass an ordinance
on rezoning....
...See
Verizon Wireless,
916 So. 2d at 855 ("[A]lthough the City Council's action
. . . fell into the category commonly referred to as 'quasi-judicial,' this
term does not imply that the Council possesses judicial power.").
We recognize that neither the charter nor section
166.041(3)
specifically refer to "quasi-judicial" process, hearings, or actions....
CopyCited 1 times | Published | District Court, S.D. Florida | 2011 U.S. Dist. LEXIS 31201, 2011 WL 913254
...The Court now addresses SFEF's arguments against mootness. *1282 1. Validity of the New Zoning Ordinance SFEF contends that the New Zoning Ordinance is void because the City enacted it without providing notice pursuant to the notice provisions in sections 166.041(3)(a) and (c) of the Florida Statutes and a void ordinance cannot moot a challenge to an ordinance it purports to repeal. Section 166.041(3)(a) provides that a proposed ordinance "shall at least 10 days prior to adoption, be noticed in the newspaper ..." Fla. Stat. § 166.041(3)(a)....
...The first public shall be held at least 7 days after the day that the first advertisement is published. The second hearing shall be held at least 10 days after the first hearing and shall be advertised at least 5 days prior to a public hearing. Fla. Stat. § 166.041(3)(c)....
...the "permitted, conditional, or prohibited uses within a zoning category" and that challenges to the new ordinance are beyond the scope of this case as framed by the specific allegations in SFEF's Complaint. The Court agrees with the City. Sections 166.041(3)(a) and (c) of the Florida Statutes are inapplicable because the New Zoning Ordinance does not change the prohibited uses in the zoning category....
...Moreover, as the City correctly points out, challenges to the validity of the new ordinance are beyond the scope of the allegations made by SFEF in its Complaint. Accordingly, SFEF has failed to demonstrate that the new zoning ordinance is void due to the City's failure to comply with section 166.041(3) of the Florida Statutes, and thus has failed to persuade the Court that its claims are not moot....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 12205, 2003 WL 21946462
...City is correct that neither charter amendment is a "land development regulation," which is defined as "an ordinance enacted by a local governing body ...." §
163.3213(2)(b), Fla. Stat. (2001). An "ordinance" is legislative action of the governing body. §
166.041(1)(a), Fla....
CopyAgo (Fla. Att'y Gen. 2002).
Published | Florida Attorney General Reports
done in a different manner.7 You refer to section
166.041(7), Florida Statutes, which provides in part:
CopyAgo (Fla. Att'y Gen. 1981).
Published | Florida Attorney General Reports
are not required to) be read by title only. Section
166.041, F.S., establishes a uniform procedure for
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
notice "at least 14 days prior to adoption." Section
166.041(3)(a), F. S., formerly provided in part that
CopyPublished | Florida 3rd District Court of Appeal
...sibly joining two proposals in one: (a) the restructuring of the City of Miami government, and (b) the early election for mayor. The trial court concluded that the City's proposal is invalid because it fails to meet the single subject requirement of Section 166.041(2), Florida Statutes (1999) which relates to *556 the adoption of municipal ordinances and resolutions, and reads in part: "Each ordinance or resolution shall be introduced in writing and shall embrace but one subject and matters prop...
CopyAgo (Fla. Att'y Gen. 1982).
Published | Florida Attorney General Reports
enforceable as a local law.' See also, AGO 075-171. Section
166.041 generally sets forth the procedures for adoption
CopyPublished | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 16830, 2014 WL 5151321
...Additionally, Anderson asserts that the trial
court erred in rejecting his challenge to the City of St. Pete Beach, Florida, Ordinance
2011-19 (June 28, 2011), an amendment to the appellee City's comprehensive plan
based on the City's failure to publish notice in accordance with section 166.041, Florida
Statutes (2011)....
...ion
163.32466, amendments
to the City's Charter, and an amendment to the City's comprehensive plan during a
series of seven shade meetings. We conclude that Ordinance 2011-19 is void because
the City did not comply with the notice requirements of section
166.041 when it passed
the ordinance....
...because it was enacted pursuant to section
163.32466, which he contends is
unconstitutional. However, we do not reach this constitutional argument because we
conclude that the ordinance is invalid because the City did not comply with the notice
provisions of section
166.041.1 Section
166.041(3)(c) in pertinent part provides:
(c) Ordinances initiated by other than the municipality that
change the actual zoning map designation of a parcel or
parcels of land shall be enacted pursuan...
...least 5 days a week unless the only newspaper in the
municipality is published less than 5 days a week.
This court and others have held that zoning ordinances not strictly enacted
pursuant to the notice provisions of section
166.041 are null and void. See, e.g., David
v. City of Dunedin,
473 So. 2d 304, 306 (Fla. 2d DCA 1985) ("[T]he ordinance and its
amendment are zoning ordinances which are null and void if not strictly enacted
pursuant to the requirements of section
166.041."); Coleman v. City of Key West,
807
So. 2d 84, 85 (Fla. 3d DCA 2001) (same). The City does not dispute that it did not
follow the procedure outlined in section
166.041(3), nor does it offer any argument in
defense of its failure to do so....
...dinance
-4-
was "clearly a legislative enactment," a point which is not in dispute and which is not
pertinent to the question of whether the ordinance had to be enacted pursuant to the
provisions of section
166.041(c)(3). Accordingly, we conclude that Ordinance 2011-19
is null and void because the City did not comply with the notice provisions of section
166.041(c)(3).
Anderson also challenges the entry of summary judgment in favor of the
City on his claim that the appellees violated article I, section 24 of the Florida
Constitution and section
286.011, the Government in the Sunshine Law....
...The primary remedy Anderson has sought in
bringing his Sunshine Law claim—having the adoption of the comprehensive plan
amendment voided—has already been accomplished by virtue of our determination that
the plan amendment was improperly adopted without complying with the notice
provision of section 166.041(c)(3)....
CopyAgo (Fla. Att'y Gen. 2002).
Published | Florida Attorney General Reports
not satisfy the requirements of the statute. Section
166.041(3)(a), Florida Statutes, requires that, at
CopyPublished | District Court of Appeal of Florida
potential effects on fish and wildlife. 2 Section
166.041(4), Florida Statutes (2021), provides, in pertinent
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
ordinances which rezone private real property. Section
166.041(3)(d) provides in part as follows: (d) Enactment
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
home rule powers is an ordinance. Accord: Section
166.041 as to municipal action of "a general and permanent
CopyPublished | District Court, N.D. Florida | 2006 U.S. Dist. LEXIS 32432, 2006 WL 1418947
...The Court cannot find in these facts that the City's actions had no foundation in reason or that they were an arbitrary exercise of power having no rational relationship to public health, safety, or welfare. As such, summary judgment should be granted as to Counts I and II. COUNT IV: FLORIDA STATUTES SECTION 166.041 Count IV alleges a violation of Florida Statutes section 166.041, which sets out the requirements that must be followed by a municipality when enacting ordinances....
...ly to the date on which the ordinance itself actually takes effect. Here, the ordinance was adopted on May 14, 2001 and, by its terms, became effective immediately, as permitted by the statute. [8] See doc. 1, att. 1, exh. D at 8:6. Florida Statutes section 166.041 is simply inapplicable to Watson's argument about the zoning-in-progress date. Any argument Watson has about the City's selection of February 12, 2001 as the cutoff date is simply not cognizable under section 166.041....
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
administrative business of the governing body. Section
166.041(4), F.S., provides: (4) A majority of the members
CopyAgo (Fla. Att'y Gen. 1985).
Published | Florida Attorney General Reports
a quorum present) to take official action. Section
166.041, F.S., establishes a uniform procedure for
CopyPublished | District Court of Appeal of Florida
certified question asks: Whether section
166.041(3)(a), Florida Statutes (2018), requires
CopyAgo (Fla. Att'y Gen. 1989).
Published | Florida Attorney General Reports
comply with the single subject requirement of section
166.041(2), Florida Statutes? In sum, it is my opinion
CopyAgo (Fla. Att'y Gen. 1979).
Published | Florida Attorney General Reports
restrictive than the provisions of s.
166.041(4). Section
166.041(6) authorizes municipalities to provide for
CopyPublished | Florida 4th District Court of Appeal | 1999 WL 174221
...section 3.02 that either kind of commission action in the form of an ordinance or resolution can be vetoed by the mayor. [1] There is nothing in state law that inhibits the citizens of West Palm Beach from setting up such a veto power for its mayor. Section 166.041 defines the terms "ordinance" and "resolution," but the definition creates no conflict with the mayor's veto power....
...of the kind involved in this dispute, so the commission may act by resolution. The veto power in section 3.02 gives the mayor the power to veto virtually all resolutions, so long as they do not involve emergency appropriations or borrowing. [2] See § 166.041(1), Fla....
CopyPublished | Florida 5th District Court of Appeal | 1995 Fla. App. LEXIS 3308, 1995 WL 137079
...Plaintiff is utilizing the structure four days per week. It is Plaintiff's contention that it will be unable to stay in business if its use of the structure is limited to two days per week. Plaintiff has apparently invested in excess of $200,000.00 on its bingo hall business venture. II. APPLICATION OF SECTION 166.041(3), F.S....
...However, only one of such grounds was presented for the Court's consideration on Plaintiff's Motion for Temporary Injunction. Specifically, Plaintiff contends that the subject ordinance is invalid because the City did not comply with the procedural notice requirements set forth in Section 166.041(3), Fla. Stat. (1993). Section 166.041(3)(c) sets forth certain procedural requirements for the enactment of ordinances which "rezone specific parcels of private real property or which substantially change permitted use categories in zoning districts." The City stipulates it did not provide notice of the proposed ordinance pursuant to Subsection (c)....
...It is the City's position that subsection (c) is not applicable because Ordinance 94-47 does not "rezone property or substantially change permitted use categories." Thus, the City argues it was only required to comply with the procedural requirements set forth in subsection (a) of F.S. 166.041(3)....
...CONCLUSION In conclusion, the Plaintiff has failed to show a substantial likelihood of success on its claim that Melbourne City Ordinance 94-47 is invalid because of Melbourne's alleged failure to comply with the procedural requirements set forth in Section 166.041(3), Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit | 2010 WL 2629483
...e or resolution).
A public hearing on the ordinance or resolution will be held on (date and
time) at (meeting place).
2
In Plaintiffs’ Second Amended Complaint, they allege that Monroe violated Florida Statutes
section 166.041....
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
"ordinance" and "resolution" contained in section
166.041, Florida Statutes, it would appear that, at
CopyPublished | District Court of Appeal of Florida
Town did not follow the notice provisions in section
166.041(3)(a), Florida Statutes (2019), prior to enacting
CopyAgo (Fla. Att'y Gen. 1984).
Published | Florida Attorney General Reports
family/hotel districts by special exception. Section
166.041, F.S., establishes a uniform procedure for
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
"ordinance" and "resolution" contained in section
166.041, Florida Statutes, it would appear that, at
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
body pursuant to the procedures set forth in section
166.041, Florida Statutes, for nonemergency ordinances
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
ordinances and charter provisions govern.3 Section
166.041, Florida Statutes, establishes a uniform procedure
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19405
governing body and prior to the referendum. In Section
166.041(4), Fla. Stat. (1979), which sets out the uniform
CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
by municipalities in enacting ordinances. Section
166.041(3). Therefore, I also assume that Sanibel has
CopyPublished | District Court of Appeal of Florida
with certain notice requirements contained in section
166.041, Florida Statutes (2018), entitled “Procedures
CopyPublished | Florida 1st District Court of Appeal
225 So.2d 555 (Fla. 1st DCA 1969) ; see also §
166.041(7), Fla. Stat. (2012). Lewis, Makar, and M.K.
CopyPublished | Florida 1st District Court of Appeal
225 So.2d 555 (Fla. 1st DCA 1969) ; see also §
166.041(7), Fla. Stat. (2012). Lewis, Makar, and M.K.
CopyPublished | District Court of Appeal of Florida
CopyAgo (Fla. Att'y Gen. 1986).
Published | Florida Attorney General Reports
enact municipal ordinances or resolutions. Section
166.041, F.S., of the Municipal Home Rule Powers Act
CopyPublished | District Court of Appeal of Florida
upon notice of the time, 3 Similarly, Section
166.041(6), Florida Statutes (2021), regulating municipalities
CopyAgo (Fla. Att'y Gen. 1980).
Published | Florida Attorney General Reports
special notice provisions of s.
166.041(3)(c). Section
166.041, F. S., establishes a uniform procedure for
CopyPublished | Florida 2nd District Court of Appeal | 1998 WL 879207
...Code Enforcement Department. These code changes adversely affected the music provided by the appellees at their restaurant and nightclub. Both the Noise Ordinance and the Permitting Ordinance were adopted pursuant to the *269 procedures set forth in section 166.041(3)(a), Florida Statutes (1995)....
CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
166, F. S., specifically address the issue. Section
166.041(1)(a), F. S., however, defines `ordinance'
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
proposed ordinance. (Emphasis supplied.) [Section
166.041(3)(a), F.S.] In contrast, s.
171.044, F.S.
CopyAgo (Fla. Att'y Gen. 2010).
Published | Florida Attorney General Reports
general or special law, or county charter.1 Section
166.041, Florida Statutes, sets forth the procedures
CopyAgo (Fla. Att'y Gen. 1989).
Published | Florida Attorney General Reports
Section
163.3181(1), F.S. 11 Id. 12 Id. 13 Section
166.041(3)(c), F.S. 14 While I am not advised of the
CopyAgo (Fla. Att'y Gen. 1981).
Published | Florida Attorney General Reports
controlled by the provisions of s.
166.041. Section
166.041, F.S., establishes a uniform procedure for
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
to satisfy the publication requirements of section
166.041(3), Florida Statutes.1 The Pompano Ledger is
