Florida/Georgia Personal Injury & Workers Compensation

...— The city or town council may provide for the support of the poor, the infirm and the insane, and establish public schools and provide for their maintenance. That section, along with all other specific grants of power, was deleted in 1973 from the Municipal Home Rule Powers Act. In reference to the deletion, section 166.042, Florida Statutes (1979), provides: 166.042 Legislative intent....

...prohibited by the constitution, general or special law, or county charter and to remove any limitations, judicially imposed or otherwise, on the exercise of home rule powers other than those so expressly prohibited...." In the passage of Fla. Stat. § 166.042 (1973), the legislature repealed the legislative grant of zoning power (what had been Chapter 176) in recognition that the zoning power of municipalities now comes directly from the Constitution....

...(1973), that municipalities should continue to exercise all powers theretofore conferred on them by Ch. 176, F.S., (and other chapters not here relevant) if the municipality so provided by ordinance. We expressly do not here decide the question of whether such provision, now codified as Fla. Stat. § 166.042 (1973) would enable a municipality, by ordinance, to confer upon the circuit court statutory certiorari jurisdiction of the type formerly authorized by Fla....

...It is a home rule city under the Florida Constitution, having the governmental, corporate, and proprietary power, including the zoning power, to enable it to conduct municipal government except when expressly prohibited by law. Fla.Const. art. VIII § 2(b); Fla.Stat. § 166.042....

...vided that the repeal must not be interpreted as a limitation on a city's powers. Instead, "municipalities shall continue to exercise all powers heretofore conferred on" them by the repealed chapters. Ch. 73-129, § 5, at 248, Laws of Fla.; see also § 166.042, Fla....

...It is, further, the legislative intent that municipalities shall continue to exercise all powers heretofore conferred on municipalities by the chapters enumerated above, but shall exercise those powers at their own discretion, subject only to the terms and conditions which they choose to prescribe. Fla. Stat. § 166.042(1)....

the county in which such court is located. Section 166.042, F.S., expresses the legislative intent to

circulation in the municipality, calling for bids.' Section 166.042(1), F.S., of the Municipal Home Rule Powers

...In fact, a review of Florida's Municipal Home Rule Powers Act reveals that the City, with limited exceptions, "has the powers to enact legislation concerning any subject matter upon which the state legislature may act...." Fla.Stat. § 166.021 (1983); see also Fla.Stat. § 166.042 (legislative intent); Fla....

or spirituous liquor of any kind is sold." Section 166.042(1), F. S., provides in effect that municipalities

conditions which they choose to prescribe. Section 166.042. The present charter provides that the city

...1971, which provided for the term and conditions of a franchise granted by a municipality. Although Ch. 167 was repealed by Ch. 73-129 , Laws of Florida, this repeal is not to be interpreted `to limit or restrict the powers of municipal officials, but shall be interpreted as a recognition of constitutional powers.' Section 166.042 (1), F....

...Gerstein , 206 So.2d 439 (Fla. 3d DCA 1968). Chapter 167, Florida Statutes 1971, including section 167.09, was repealed by Chapter 73-129, Laws of Florida, the Municipal Home Rule Powers Act (Chapter 166 , Florida Statutes). However, section 5 of Chapter 73-129 (now section 166.042 , Florida Statutes) provides that the repeal of the chapters of the Florida Statutes enumerated therein, including Chapter 167, "shall not be interpreted to limit or restrict the powers of municipal officials," and that it is the legi...

...st of such group insurance . [Section 167.421(7), F. S. 1971; emphasis supplied.] Chapter 167, F. S. 1971, was repealed in 1973 by the Municipal Home Rule Powers Act, Ch. 73-129 , Laws of Florida (Ch. 166, F. S.); however, under s. 5 of the act (now s. 166.042 [1]), the repeal of certain chapters of the Florida Statutes, including Ch....

...municipalities . . . continue to exercise all powers heretofore conferred on municipalities by [Ch. 167, F. S.] . . . but shall hereafter exercise these powers at their own discretion, subject only to the terms and conditions which they choose to prescribe. [Section 166.042 , F....

...In order to accomplish this, it must be able to attract skilled and competent employees. It is, in practical terms, competing with private business and, to some extent, must be able to offer somewhat comparable terms and conditions of employment. Sections 167.421(7), F. S. 1971, and 166.042 , F....

...insurance, or all of any kinds of such insurance, for the officers and employees of the unit, upon a group insurance plan. . . .' The foregoing statutory provision merely authorizes local governments to provide group insurance. Under ss. 167.421 and 166.042 , F....

municipality's power to vacate streets is based upon section 166.042, Florida Statutes, and section 167.09, Florida

...y fees. As mentioned above, the School Board moved to dismiss on the grounds of sovereign immunity. The trial court denied the motion and specifically found the School Board “is not entitled to sovereign immunity as a matter of law pursuant to Section 166.042, Florida Statutes and Section 167.01, Florida Statutes (1971).” The School Board timely appealed. ANALYSIS We have jurisdiction to review appeals of nonfinal orders that “deny a motion that ....

...but shall be interpreted as a recognition of constitutional powers . . . . It is, further, the legislative intent that municipalities shall continue to exercise all powers heretofore conferred on municipalities by the chapters enumerated above . . . . § 166.042(1), Fla....

spirituous liquor of any kind is sold. . . ." (Section 166.042(1) provides, in effect, that municipalities

conditions which they choose to prescribe.' Section 166.042(1), F.S. THE AUTHORITY OF MUNICIPALITIES TO