reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part V - Regional Transportation Authorities (Ss. 163.565-163.58) › 163.565 - Short title.

163.565 Short title.—This part shall be known and may be cited as the “Regional Transportation Authority Law.”
History.—s. 1, ch. 71-373; s. 1, ch. 73-278.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part V - Regional Transportation Authorities (Ss. 163.565-163.58) › 163.566 - Definitions.

163.566 Definitions.—As used in this part, and unless the context clearly indicates otherwise:
(1) “Authority” means a body politic and corporate created pursuant to this part.
(2) “Member” means the municipality, county, or political subdivision which, in combination with another member or members, comprises the authority.
(3) “Board of directors,” hereinafter referred to as the board, means the governing body of the authority.
(4) “Director” means a person appointed to the board by a member. No person who serves without salary as a director or in any other appointed position of the authority shall be in violation of s. 99.012 by reason of holding such office.
(5) “Regional transportation area” means that area the boundaries of which are identical to the boundaries of the political subdivisions or other legal entities which constitute the authority.
(6) “Municipality” means any city with a population of over 50,000 within the regional transportation area.
(7) “County” means any county within the regional transportation area.
(8) “Public transportation” means transportation of passengers by means, without limitation, of a street railway, elevated railway or guideway, subway, motor vehicle, motor bus, or any bus or other means of conveyance operating as a common carrier within the regional transportation area, including charter service therein.
(9) “Public transportation system” means, without limitation, a combination of real and personal property, structures, improvements, buildings, equipment, plants, vehicle parking or other facilities, and rights-of-way, or any combination thereof, used or useful for the purposes of public transportation.
(10) “Operator” means any person engaged in, or intending to engage in, the business of providing public transportation, but does not include a person engaged primarily in the transportation of children to or from school or a person or entity furnishing transportation solely for his or her or its employees or customers.
(11) “Transportation facility” or “transportation facilities” means the property or property rights, both real and personal, of a type used for the establishment of public transportation systems which have heretofore been, or may hereafter be, established by public bodies for the transportation of people and property from place to place.
(12) “Population” means the population as determined under the provisions of s. 186.901.
History.—s. 2, ch. 71-373; s. 1, ch. 73-278; s. 1, ch. 77-174; s. 28, ch. 87-224; s. 33, ch. 91-107; s. 910, ch. 95-147.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part V - Regional Transportation Authorities (Ss. 163.565-163.58) › 163.569 - Exemption from regulation.

163.569 Exemption from regulation.—The public transportation systems and facilities operating in and under the authority of this part shall be exempt from any of the regulatory provisions of chapter 350.
History.—s. 5, ch. 71-373; s. 1, ch. 73-278; s. 20, ch. 85-80.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part V - Regional Transportation Authorities (Ss. 163.565-163.58) › 163.570 - Special region taxation.

163.570 Special region taxation.—
(1) Any regional transportation authority created hereunder shall be deemed a special tax district and shall be authorized to levy an ad valorem tax based on full valuation of real property not to exceed 3 mills on the taxable real property in the areas affected by such authority, with the approval of the county commission or equivalent governing body of such area, at a rate sufficient to produce an amount that may be necessary for effectuating the purposes of this part, if such millage level is approved by a majority of the members of such authority and by referendum. Property taxes determined and levied under this section shall be certified by the authority to the appropriate auditor and extended, assessed, and collected in like manner as provided by general law for such political subdivisions. The proceeds under this section shall be remitted by the tax collector to the treasurer of the authority who shall credit them to the funds of the authority for use in effectuating the purposes of this part. At any time after making a tax levy under this section and certifying the same to the corresponding governing body represented by the membership on the authority, the authority may issue tax anticipation notes of indebtedness in anticipation of the collection of such taxes.
(2) No tax authorized by this part shall be levied unless the same shall be approved by a majority of the electors of each county, municipality, or other political subdivision, voting in elections to be held within the geographical area of the special tax district. A tax shall be authorized only in such political subdivisions as are approved by electors from within the counties or municipalities or other political subdivisions who are members of the regional authority.
History.—s. 6, ch. 71-373; s. 1, ch. 73-278.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part V - Regional Transportation Authorities (Ss. 163.565-163.58) › 163.571 - Issuance of bonds.

163.571 Issuance of bonds.—Any transportation authority created hereunder may issue bonds to carry out the authorized powers or purposes of this part. In the creation of bonded indebtedness the procedure therefor shall be in conformity with the constitution and laws of the state.
History.—s. 7, ch. 71-373; s. 1, ch. 73-278.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part V - Regional Transportation Authorities (Ss. 163.565-163.58) › 163.572 - Expansion of area.

163.572 Expansion of area.—Upon a resolution adopted by the governing body of any adjoining county, municipality, or other political subdivision, the authority may, subject to the provisions of s. 163.567(1), by a majority vote of its membership, include such territory in its regional transportation area.
History.—s. 8, ch. 71-373; s. 1, ch. 73-278.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part V - Regional Transportation Authorities (Ss. 163.565-163.58) › 163.58 - Transportation fare discounts.

163.58 Transportation fare discounts.—An authority, as defined in this chapter, chapter 343, or chapter 349, shall provide a partial or a full discount on fares for the use of a fixed-route transportation system operated by the authority to a disabled veteran as described in s. 295.07(1)(a) who presents information satisfactory to the authority which evidences eligibility for the discount.
History.—s. 2, ch. 2016-196.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part VI - Collaborative Client Information Systems (Ss. 163.61-163.65) › 163.61 - “Agency” defined.

163.61 “Agency” defined.—For the purposes of ss. 163.61-163.65, the word “agency” has the meaning ascribed in s. 119.011.
History.—s. 43, ch. 97-286.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part VI - Collaborative Client Information Systems (Ss. 163.61-163.65) › 163.62 - Collaborative client information system; establishment.

163.62 Collaborative client information system; establishment.—Notwithstanding any general or special law to the contrary, the agencies of one or more local governments may establish a collaborative client information system. State agencies and private agencies may participate in the collaborative information system. Data related to the following areas may be included in the collaborative information system, although the system is not limited to only these types of information: criminal justice, juvenile justice, education, employment training, health, and human services.
History.—s. 44, ch. 97-286.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part VI - Collaborative Client Information Systems (Ss. 163.61-163.65) › 163.63 - Steering committee; security policy information sharing agreements.

163.63 Steering committee; security policy information sharing agreements.—
(1) The counties involved in the creation and administration of a collaborative client information system shall form a steering committee, consisting of representatives of all agencies and organizations participating in the system, to govern the organization and administration of the collaborative system. Each steering committee shall determine its procedures for governance of the organization, participation in the collaborative information system, and administration of the data in the system. Each steering committee also must develop a security policy to be followed by all agencies participating in the collaborative system to ensure the integrity of the data in the collaborative information system and to guarantee the privacy, to the extent possible, of all clients served by an agency that participates in the collaborative system.
(2) Before sharing confidential information with other members of the information collaborative, each member of the steering committee shall sign an agreement specifying, at a minimum, the following information:
(a) What information each agency will share with the collaborative;
(b) How the information will be shared;
(c) How clients will be notified that an agency participates in the collaborative;
(d) Who in each agency will have access to the information;
(e) The purposes to be served by sharing the information;
(f) Assurances from each agency that it will maintain the confidentiality of the information as required by law; and
(g) Other information decided upon by members of the information cooperative.
History.—s. 45, ch. 97-286.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part VI - Collaborative Client Information Systems (Ss. 163.61-163.65) › 163.64 - Sharing of client information.

163.64 Sharing of client information.—Notwithstanding any law to the contrary, an agency that participates in the creation or administration of a collaborative client information system may share client information, including confidential client information, with other members of the collaborative system as long as the restrictions governing the confidential information are observed by any other agency granted access to the confidential information. An agency that participates in a collaborative information system is not required to have a release signed by its affected clients before sharing confidential information with other members of the collaborative system.
History.—s. 46, ch. 97-286.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 163 - Intergovernmental Programs › Part VI - Collaborative Client Information Systems (Ss. 163.61-163.65) › 163.65 - Agencies receiving government funding encouraged to participate.

163.65 Agencies receiving government funding encouraged to participate.—An agency that receives moneys from a federal, state, or local agency is encouraged to participate in any collaborative client information system that is available within the service area of the agency.
History.—s. 47, ch. 97-286.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 164 - Governmental Disputes › 164.101 - Short Title.

164.101 Short title.—Sections 164.101-164.1061 may be cited as the “Florida Governmental Conflict Resolution Act.”
History.—s. 1, ch. 87-346; s. 1, ch. 99-279.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 164 - Governmental Disputes › 164.102 - Purpose and Intent.

164.102 Purpose and intent.—The purpose and intent of this act is to promote, protect, and improve the public health, safety, and welfare and to enhance intergovernmental coordination efforts by the creation of a governmental conflict resolution procedure that can provide an equitable, expeditious, effective, and inexpensive method for resolution of conflicts between and among local and regional governmental entities. It is the intent of the Legislature that conflicts between governmental entities be resolved to the greatest extent possible without litigation.
History.—s. 2, ch. 87-346; s. 2, ch. 99-279.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 164 - Governmental Disputes › 164.1031 - Definitions.

164.1031 Definitions.—For purposes of this act:
(1) “Local governmental entities” includes municipalities, counties, school boards, special districts, and other local entities within the jurisdiction of one county created by general or special law or local ordinance.
(2) “Regional governmental entities” includes regional planning councils, metropolitan planning organizations, water supply authorities that include more than one county, local health councils, water management districts, and other regional entities that are authorized and created by general or special law that have duties or responsibilities extending beyond the jurisdiction of a single county.
(3) “Governmental entity” includes local and regional governmental entities.
(4) “Local government resolution” has the same meaning as provided in s. 166.041.
(5) “Governing body” means the council, commission, or other board or body in which the general legislative powers of a local or regional governmental entity are vested.
(6) “Designee” means a representative with full authority to negotiate on behalf of a governmental entity and to recommend settlement to the appropriate decisionmaking body or authority of the governmental entity.
(7) “Noticed public meeting” means a public meeting in which notice is given at least 10 days prior to the meeting by publication in the newspaper of widest circulation in the jurisdictions of the primary conflicting governmental entities. Each primary conflicting governmental entity shall provide notice within its jurisdiction.
(8) “Primary conflicting governmental entities” means the governmental entity initiating the conflict resolution process provided for in this act, together with the governmental entity or entities with whom the initiating governmental entity has a conflict. The term does not include other governmental entities which may have a role in approving or implementing a particular element or aspect of any settlement of the conflict, or which may receive notice or intervene in the conflict resolution process provided for in this act.
(9) “Mediation” means a process whereby a neutral third person called a mediator acts to encourage and facilitate the resolution of a conflict between two or more parties. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues and exploring settlement alternatives.
History.—s. 3, ch. 99-279.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 164 - Governmental Disputes › 164.1051 - Scope.

164.1051 Scope.—It is not the intent of this act to limit the conflicts that may be considered under this act, except that any administrative proceeding pursuant to chapter 120 shall not be subject to this act. Pursuant to s. 164.1041, this act shall apply, at a minimum, to governmental conflicts arising from any of the following issues or processes, including, but not limited to:
(1) Any issue relating to local comprehensive plans or plan amendments prepared pursuant to part II of chapter 163, including, but not limited to, conflicts involving levels of service for public facilities and natural resource protection.
(2) Municipal annexation.
(3) Service provision areas.
(4) Allocation of resources, including water, land, or other natural resources.
(5) Siting of hazardous waste facilities, land fills, garbage collection facilities, silt disposal sites, or any other locally unwanted land uses.
(6) Governmental entity permitting processes.
(7) Siting of elementary and secondary schools.
History.—s. 5, ch. 99-279.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 164 - Governmental Disputes › 164.1053 - Conflict Assessment Phase.

164.1053 Conflict assessment phase.—
(1) After the initiation of the conflict resolution procedure, and after proper notice by certified letter has been given, a conflict assessment meeting shall occur. The meeting shall be scheduled to occur within 30 days of the receipt of the letter initiating the conflict resolution procedure. Public notice shall be given for this meeting in accordance with s. 164.1031(7). The conflict assessment meeting shall be scheduled to allow the attendance by the appropriate personnel from each primary conflicting governmental entity. The chief administrator, or his or her designee, for each governmental entity that is a primary conflicting governmental entity in the conflict resolution procedure shall be present at this meeting. If the entities in conflict agree, the assistance of a facilitator may be enlisted for the conflict assessment meeting. During the conflict assessment meeting, the governmental entities shall discuss the issues pertaining to the conflict and an assessment of the conflict from the perspective of each governmental entity involved.
(2) If a tentative resolution to the conflict can be agreed upon by the representatives of the primary conflicting governmental entities at the conflict assessment meeting, the primary conflicting governmental entities may proceed with whatever steps they deem appropriate to fully resolve the conflict, including, but not limited to, the scheduling of additional meetings for informal negotiations or proposing a resolution to the governing bodies of the primary conflicting governmental entities.
(3) In the event that no tentative resolution can be agreed upon, the primary conflicting governmental entities shall schedule a joint public meeting as described in s. 164.1055, which meeting shall occur within 50 days of the receipt of the first letter initiating the conflict resolution process from the initiating governmental entity.
(4) After the conclusion of the conflict assessment meeting, any primary conflicting governmental entity may request mediation as provided in s. 164.1055(2).
History.—s. 7, ch. 99-279.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 164 - Governmental Disputes › 164.1055 - Joint Public Meeting.

164.1055 Joint public meeting.—
(1) Failure to resolve a conflict after following authorized procedures as specified in s. 164.1053 shall require the scheduling of a joint public meeting between the primary conflicting governmental entities. The governmental entity first initiating the conflict resolution process shall have the responsibility to schedule the joint public meeting and arrange a location. If the entities in conflict agree, the assistance of a facilitator may be enlisted to assist them in conducting the meeting. In this meeting, the governing bodies of the primary conflicting governmental entities shall:
(a) Consider the statement of issues prepared in the conflict assessment phase.
(b) Seek an agreement.
(c) Schedule additional meetings of the entities in conflict, or of their designees, to continue to seek resolution of the conflict.
(2) If no agreement is reached, the primary conflicting governmental entities shall participate in mediation, the costs of which shall be equally divided between the primary conflicting governmental entities. The primary conflicting governmental entities shall endeavor in good faith to select a mutually acceptable mediator. If the primary conflicting governmental entities are unable to mutually agree on a mediator within 14 days after the joint public meeting, the primary conflicting governmental entities shall arrange for a mediator to be selected or recommended by an independent conflict resolution organization, such as the Florida Conflict Resolution Consortium, and shall agree to accept the recommendation of that independent organization, or shall agree upon an alternate method for selection of a mediator, within 7 business days after the close of that 14-day period. Upon the selection of a mediator, the conflicting governmental entities shall schedule mediation to occur within 14 days, and shall issue a written agreement on the issues in conflict within 10 days of the conclusion of the mediation proceeding. The written agreement shall not be admissible in any court proceeding concerning the conflict, except for proceedings to award attorney’s fees under s. 164.1058, where the agreement may be used to demonstrate an entity’s refusal to participate in the process in good faith.
History.—s. 8, ch. 99-279.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 164 - Governmental Disputes › 164.1056 - Final Resolution.

164.1056 Final resolution.—If there is failure to resolve a conflict between governmental entities through the procedures provided by ss. 164.1053 and 164.1055, the entities participating in the dispute resolution process may avail themselves of any otherwise available legal rights.
History.—s. 9, ch. 99-279.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 164 - Governmental Disputes › 164.1057 - Execution of Resolution of Conflict.

164.1057 Execution of resolution of conflict.—Resolution of a conflict at any phase shall require passage of an ordinance, resolution, or interlocal agreement that reflects the terms or conditions of the resolution to the conflict.
History.—s. 10, ch. 99-279.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 164 - Governmental Disputes › 164.1058 - Penalty.

164.1058 Penalty.—If a primary conflicting governmental entity fails to participate in good faith in the conflict assessment meeting, mediation, or other remedies provided for in this act, the primary disputing governmental entity that failed to participate in good faith shall be required to pay the attorney’s fees and costs in that proceeding of the prevailing primary conflicting governmental entity.
History.—s. 4, ch. 87-346; s. 11, ch. 99-279; s. 7, ch. 2006-218.
Note.—Former s. 164.104.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 164 - Governmental Disputes › 164.1061 - Time Extensions.

164.1061 Time extensions.—Any of the time requirements set forth in this act may be extended to a date certain by mutual agreement, in writing, of the primary conflicting governmental entities. To the extent such agreement would cause any jurisdictional time requirements to run with regard to a particular claim, the agreement shall have the effect of extending any jurisdictional time requirements with regard to that claim for the period set forth in the agreement.
History.—s. 12, ch. 99-279.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 164 - Governmental Disputes › 164.1065 - Applicability of Ch. 99-279.

164.1065 Applicability of ch. 99-279.—This act shall take effect upon becoming a law, but shall not be construed to abrogate any otherwise applicable agreements or requirements of any contracts, interlocal agreements, or other written instruments which are in existence as of the effective date of this act. To the extent that any contractual or other agreement provisions in existence on the effective date of this act conflict with the provisions of this act, the provisions in the written agreement shall control.
History.—s. 14, ch. 99-279.
2023 Florida Statutes › Title XII - Municipalities › Chapter 165 - Formation of Local Governments › 165.021 - Purpose.

165.021 Purpose.—The purpose of this act is to provide standards, direction, and procedures for the formation of municipalities in this state and the provision of municipal services so as to:
(1) Allow orderly patterns of urban growth and land use.
(2) Assure adequate quality and quantity of local public services.
(3) Ensure financial integrity of municipalities.
(4) Eliminate or reduce avoidable and undesirable differentials in fiscal capacity among neighboring local governmental jurisdictions.
(5) Promote equity in the financing of municipal services.
History.—s. 1, ch. 74-192; s. 36, ch. 89-169.
2023 Florida Statutes › Title XII - Municipalities › Chapter 165 - Formation of Local Governments › 165.022 - Preemption; Effect on Special Laws.

165.022 Preemption; effect on special laws.—It is the purpose of this act to provide viable and usable general law standards and procedures for forming and dissolving municipalities in lieu of any procedure or standards now provided by general or special law. The provisions of this act shall be the exclusive procedure pursuant to general law for forming or dissolving municipalities in this state, except in those counties operating under a home rule charter which provides for an exclusive method as specifically authorized by s. 6(e), Art. VIII of the State Constitution. Any provisions of a general or special law existing on July 1, 1974, in conflict with the provisions of this act shall not be effective to the extent of such conflict.
History.—s. 1, ch. 74-192; s. 23, ch. 82-154; s. 66, ch. 89-169.
2023 Florida Statutes › Title XII - Municipalities › Chapter 165 - Formation of Local Governments › 165.0225 - Counties Prohibited From Requiring Consideration for Allowing Incorporation.

165.0225 Counties prohibited from requiring consideration for allowing incorporation.—Notwithstanding s. 165.022, any municipality formed after January 1, 2000, and any municipality formed on or after July 1, 2007, shall not be required to pay any charge, assessment, tax, fee, or other consideration as a condition for allowing the citizens of an area to incorporate and govern themselves.
History.—s. 1, ch. 2007-26.
2023 Florida Statutes › Title XII - Municipalities › Chapter 165 - Formation of Local Governments › 165.031 - Definitions.

165.031 Definitions.—The following terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) “County” means a political subdivision of the state established pursuant to s. 1, Art. VIII of the State Constitution.
(2) “Formation” means any one of the following activities:
(a) “Incorporation”—The establishment of a municipality.
(b) “Dissolution”—The dissolving of the corporate status of a municipality.
(c) “Merger”—The merging of two or more municipalities with each other and with any unincorporated areas authorized pursuant to this act to form a new municipality; the merging of one or more municipalities or special districts, in any combination thereof, with each other; or the merging of one or more counties with one or more special districts.
(3) “Municipality” means a municipality created pursuant to general or special law authorized or recognized pursuant to s. 2 or s. 6, Art. VIII of the State Constitution.
(4) “Newspaper of general circulation” means a newspaper printed in the language most commonly spoken in the area within which it circulates, which is readily available for purchase by all inhabitants in its area of circulation, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper the primary function of which is to carry legal notices, or a newspaper that is given away primarily to distribute advertising.
(5) “Parties affected” means any person owning property or residing in a municipality proposing a formation or in the territory that is proposed for a formation or any governmental unit with jurisdiction over such area.
(6) “Qualified voter” means any person registered to vote in accordance with law.
(7) “Special district” means a local unit of special government, as defined in s. 189.012. This term includes dependent special districts, as defined in s. 189.012, and independent special districts, as defined in s. 189.012. All provisions of s. 200.001(8)(d) and (e) shall be considered provisions of this chapter.
History.—s. 1, ch. 74-192; s. 11, ch. 81-167; s. 71, ch. 81-259; s. 24, ch. 82-154; s. 11, ch. 83-55; s. 37, ch. 89-169; s. 481, ch. 2011-142; s. 1, ch. 2012-121; s. 65, ch. 2014-22.
2023 Florida Statutes › Title XII - Municipalities › Chapter 165 - Formation of Local Governments › 165.043 - Official County or Municipal Seal.

165.043 Official county or municipal seal.—The governing body of a county or municipality may, by ordinance, designate an official county or municipal seal. The manufacture, use, display, or other employment of any facsimile or reproduction of the county or municipal seal, except by county or municipal officials or employees in the performance of their official duties, without the express approval of the governing body is a second degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 91-59.
2023 Florida Statutes › Title XII - Municipalities › Chapter 165 - Formation of Local Governments › 165.051 - Dissolution Procedures.

165.051 Dissolution procedures.—
(1) The charter of any existing municipality may be revoked and the municipal corporation dissolved by either:
(a) A special act of the Legislature; or
(b) An ordinance of the governing body of the municipality, approved by a vote of the qualified voters.
(2) If a vote of the qualified voters is required, the governing body of the municipality or, if the municipal governing body does not act within 30 days, the governing body of the county or counties in which the municipality is located, shall set the date of the election, which shall be the next regularly scheduled election or a special election held prior to such election, if approved by a majority of the members of the governing body of each governmental unit affected, but no sooner than 30 days after passage of the ordinance. Notice of the election shall be published at least once each week for 2 consecutive weeks prior to the election in a newspaper of general circulation in the municipality.
History.—s. 1, ch. 74-192; s. 39, ch. 89-169; s. 13, ch. 90-279.
2023 Florida Statutes › Title XII - Municipalities › Chapter 165 - Formation of Local Governments › 165.071 - Financial Allocations.

165.071 Financial allocations.—
(1) The law incorporating a new municipality in previously unincorporated lands may provide a procedure for establishing the distributive share of local option gas tax moneys in counties where such tax is levied when appropriate under the provisions of s. 336.025(4)(b). The law shall also provide for assumption of the existing governmental indebtedness or property specially benefiting that area, if any, the fair value of such and the manner of transfer and financing.
(2) The government formed by merger of existing municipalities shall assume all indebtedness of, and receive title to all property owned by, the preexisting municipalities. The proposed charter shall provide for the determination of the proper allocation of the indebtedness so assumed and the manner in which said debt shall be retired.
(3) The dissolution of a municipal government shall transfer the title to all property owned by the preexisting municipal government to the county, which shall also assume all indebtedness of the preexisting municipality, unless otherwise provided in the dissolution plan. The county is specifically authorized to levy and collect ad valorem taxes in the same manner as other county taxes from the area of the preexisting municipality for repayment of any assumed indebtedness through a special district created for such purpose in accordance with chapter 189.
History.—s. 1, ch. 74-192; s. 45, ch. 86-152; s. 42, ch. 89-169.
2023 Florida Statutes › Title XII - Municipalities › Chapter 165 - Formation of Local Governments › 165.081 - Judicial Review.

165.081 Judicial review.—Any special law or ordinance enacted, and any dismissal of petition made, pursuant to this chapter shall be reviewable by certiorari. No appeal may be brought after the effective date of an incorporation or dissolution.
History.—s. 1, ch. 74-192; s. 3, ch. 78-95.
2023 Florida Statutes › Title XII - Municipalities › Chapter 166 - Municipalities › Part I - General Provisions (Ss. 166.011-166.0497) › 166.0213 - Governing body meetings.

166.0213 Governing body meetings.—
(1) The governing body of a municipality having a population of 500 or fewer residents may hold meetings within 5 miles of the exterior jurisdictional boundary of the municipality at such time and place as may be prescribed by ordinance or resolution.
(2) The governing body of a municipality may hold joint meetings to receive, discuss, and act upon matters of mutual interest with the governing body of the county within which the municipality is located or the governing body of another municipality at such time and place as shall be prescribed by ordinance or resolution.
History.—s. 1, ch. 2011-147; s. 1, ch. 2014-14.
2023 Florida Statutes › Title XII - Municipalities › Chapter 166 - Municipalities › Part I - General Provisions (Ss. 166.011-166.0497) › 166.031 - Charter amendments.

166.031 Charter amendments.—
(1) The governing body of a municipality may, by ordinance, or the electors of a municipality may, by petition signed by 10 percent of the registered electors as of the last preceding municipal general election, submit to the electors of said municipality a proposed amendment to its charter, which amendment may be to any part or to all of said charter except that part describing the boundaries of such municipality. 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.
(2) Upon adoption of an amendment to the charter of a municipality by a majority of the electors voting in a referendum upon such amendment, the governing body of said municipality shall have the amendment incorporated into the charter and shall file the revised charter with the Department of State. All such amendments are effective on the date specified therein or as otherwise provided in the charter.
(3) A municipality may amend its charter pursuant to this section notwithstanding any charter provisions to the contrary. This section shall be supplemental to the provisions of all other laws relating to the amendment of municipal charters and is not intended to diminish any substantive or procedural power vested in any municipality by present law. 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).
(4) There shall be no restrictions by the municipality on any employee’s or employee group’s political activity, while not working, in any referendum changing employee rights.
(5) A municipality may, by unanimous vote of the governing body, abolish municipal departments provided for in the municipal charter and amend provisions or language out of the charter which has been judicially construed, either by judgment or by binding legal precedent from a decision of a court of last resort, to be contrary to either the State Constitution or Federal Constitution.
(6) Each municipality shall, by ordinance or charter provision, provide procedures for filling a vacancy in office caused by death, resignation, or removal from office. Such ordinance or charter provision shall also provide procedures for filling a vacancy in candidacy caused by death, withdrawal, or removal from the ballot of a qualified candidate following the end of the qualifying period which leaves fewer than two candidates for an office.
History.—s. 1, ch. 73-129; s. 1, ch. 86-95; s. 1, ch. 90-106; s. 43, ch. 90-315; s. 45, ch. 94-136.
2023 Florida Statutes › Title XII - Municipalities › Chapter 166 - Municipalities › Part I - General Provisions (Ss. 166.011-166.0497) › 166.032 - Electors.

166.032 Electors.—Any person who is a resident of a municipality, who has qualified as an elector of this state, and who registers in the manner prescribed by general law and ordinance of the municipality shall be a qualified elector of the municipality.
History.—s. 1, ch. 73-129.
2023 Florida Statutes › Title XII - Municipalities › Chapter 166 - Municipalities › Part I - General Provisions (Ss. 166.011-166.0497) › 166.0321 - Division of municipalities into districts.

166.0321 Division of municipalities into districts.—Each municipality shall, from time to time, fix the boundaries of its districts so as to keep them as nearly equal in proportion to their respective populations as practicable, provided that such changes may not be made in the 270 days before a regular general election for the governing body of the municipality. Districts may not be drawn with the intent to favor or disfavor a candidate for member of the governing body or an incumbent member of the governing body based on the candidate’s or incumbent’s residential address. Any ordinance enacted or adopted by a municipality on or after July 1, 2023, which is in conflict with this section is void.
History.—s. 2, ch. 2023-101.
2023 Florida Statutes › Title XII - Municipalities › Chapter 166 - Municipalities › Part I - General Provisions (Ss. 166.011-166.0497) › 166.0335 - Temporary shelter prohibition.

166.0335 Temporary shelter prohibition.—
(1) For the purposes of this section, the term “temporary shelter” includes, but is not limited to, a recreational vehicle, trailer, or similar structure placed on a residential property.
(2) Notwithstanding any other law, ordinance, or regulation to the contrary, following the declaration of a state of emergency issued by the Governor for a natural emergency as defined in s. 252.34(8) during which a permanent residential structure was damaged and rendered uninhabitable, a municipality may not prohibit the placement of one temporary shelter on the residential property for up to 36 months after the date of the declaration or until a certificate of occupancy is issued on the permanent residential structure on the property, whichever occurs first, if all of the following circumstances apply:
(a) The resident makes a good faith effort to rebuild or renovate the damaged permanent residential structure, including, but not limited to, applying for a building permit, submitting a plan or design to the municipality, or obtaining a construction loan.
(b) The temporary shelter is connected to water and electric utilities and does not present a threat to health and human safety.
(c) The resident lives in the temporary structure.
History.—s. 2, ch. 2023-304.
2023 Florida Statutes › Title XII - Municipalities › Chapter 166 - Municipalities › Part I - General Provisions (Ss. 166.011-166.0497) › 166.042 - Legislative intent.

166.042 Legislative intent.—
(1) It is the legislative intent that the repeal by chapter 73-129, Laws of Florida, of chapters 167, 168, 169, 172, 174, 176, 178, 181, 183, and 184 of Florida Statutes shall not be interpreted to limit or restrict the powers of municipal officials, but shall be interpreted as a recognition of constitutional powers. It is, further, the legislative intent to recognize residual constitutional home rule powers in municipal government, and the Legislature finds that this can best be accomplished by the removal of legislative direction from the statutes. 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 hereafter exercise those powers at their own discretion, subject only to the terms and conditions which they choose to prescribe.
(2) Nothing contained in s. 5, chapter 73-129, Laws of Florida, shall be interpreted to impair any claim against a municipality or to affect the validity of any bonds or obligations issued under authority of any of the chapters enumerated in subsection (1).
History.—s. 5, ch. 73-129.
2023 Florida Statutes › Title XII - Municipalities › Chapter 166 - Municipalities › Part I - General Provisions (Ss. 166.011-166.0497) › 166.0425 - Sign ordinances.

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166.0425 Sign ordinances.—Nothing in chapter 78-8, Laws of Florida, shall be deemed to supersede the rights and powers of municipalities and counties to establish sign ordinances; however, such ordinances shall not conflict with any applicable state or federal laws.
History.—s. 5, ch. 78-8.
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Note.—Also published at s. 125.0102.
2023 Florida Statutes › Title XII - Municipalities › Chapter 166 - Municipalities › Part I - General Provisions (Ss. 166.011-166.0497) › 166.0435 - Amateur radio antennas; construction in conformance with federal requirements.

166.0435 Amateur radio antennas; construction in conformance with federal requirements.—
(1) No municipality shall enact or enforce any ordinance or regulation which fails to conform to the limited preemption entitled “Amateur Radio Preemption, 101 FCC 2d 952 (1985)” as issued by the Federal Communications Commission. Any ordinance or regulation adopted by a municipality with respect to amateur radio antennas shall conform to the above cited limited preemption, which states that local regulations which involve placement, screening, or height of antennas based on health, safety, or aesthetic considerations must be crafted to reasonably accommodate amateur communications, and to represent the minimum practicable regulation to accomplish the local authority’s legitimate purpose.
(2) Nothing in this section shall effect any applicable provisions of chapter 333.
History.—s. 2, ch. 91-28.
2023 Florida Statutes › Title XII - Municipalities › Chapter 166 - Municipalities › Part I - General Provisions (Ss. 166.011-166.0497) › 166.044 - Ordinances relating to possession or sale of ammunition.

166.044 Ordinances relating to possession or sale of ammunition.—No municipality may adopt any ordinance relating to the possession or sale of ammunition. Any such ordinance in effect on June 24, 1983, is void.
History.—s. 2, ch. 83-253.
2023 Florida Statutes › Title XII - Municipalities › Chapter 166 - Municipalities › Part I - General Provisions (Ss. 166.011-166.0497) › 166.0442 - Criminal history record checks for certain municipal employees and appointees.

166.0442 Criminal history record checks for certain municipal employees and appointees.—
(1) Notwithstanding chapter 435, a municipality may require, by ordinance, state and national criminal history screening for:
(a) Any position of municipal employment or appointment, whether paid, unpaid, or contractual, which the governing body of the municipality finds is critical to security or public safety;
(b) Any private contractor, employee of a private contractor, vendor, repair person, or delivery person who is subject to licensing or regulation by the municipality; or
(c) Any private contractor, employee of a private contractor, vendor, repair person, for-hire chauffeur, or delivery person who has direct contact with individual members of the public or access to any public facility or publicly operated facility in such a manner or to such an extent that the governing body of the municipality finds that preventing unsuitable persons from having such contact or access is critical to security or public safety.
(2) The ordinance must require each person applying for, or continuing employment or appointment in, any such position, applying for initial or continuing licensing or regulation, or having such contact or access to be fingerprinted. The fingerprints shall be submitted to the Department of Law Enforcement for a state criminal history record check and to the Federal Bureau of Investigation for a national criminal history record check. The information obtained from the criminal history record checks conducted pursuant to the ordinance may be used by the municipality to determine a person’s eligibility for such employment or appointment and to determine a person’s eligibility for continued employment or appointment. This section is not intended to preempt or prevent any other background screening, including, but not limited to, criminal history background checks, that a municipality may lawfully undertake.
History.—s. 2, ch. 2002-169; s. 2, ch. 2013-116.
2023 Florida Statutes › Title XII - Municipalities › Chapter 166 - Municipalities › Part I - General Provisions (Ss. 166.011-166.0497) › 166.0443 - Certain local employment registration prohibited.

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166.0443 Certain local employment registration prohibited.—
(1) Except as authorized by law, no county or municipality shall enact or enforce any ordinance, resolution, rule, regulation, policy, or other action which requires the registration or background screening of any individual engaged in or applying for a specific type or category of employment in the county or municipality or requires the carrying of an identification card issued as a result of such registration or screening, whether or not such requirement is based upon the residency of the person. However, an ordinance that regulates any business, institution, association, profession, or occupation by requiring background screening, which may include proof of certain skills, knowledge, or moral character, is not prohibited by this section, provided that such regulation:
(a) Is not preempted to the state or is not otherwise prohibited by law;
(b) Is a valid exercise of the police power;
(c) Is narrowly designed to offer the protection sought by the county or municipality; and
(d) Does not unfairly discriminate against any class of individuals.
(2) This section shall not be construed to prohibit any employer, including a local government, from investigating the background of employees or prospective employees or from requiring employees to carry an identification card or registration card.
History.—ss. 1, 2, ch. 86-259.
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Note.—Also published at s. 125.581.
2023 Florida Statutes › Title XII - Municipalities › Chapter 166 - Municipalities › Part I - General Provisions (Ss. 166.011-166.0497) › 166.0444 - Employee assistance programs; public records exemption.

166.0444 Employee assistance programs; public records exemption.—
(1) As used in this section, “employee assistance program” means a counseling, therapeutic, or other professional treatment program provided by a municipality to assist any municipal employee who has a behavioral disorder, medical disorder, or substance abuse problem or who has an emotional difficulty which affects the employee’s job performance.
(2) A municipal employee’s personal identifying information contained in records held by the employing municipality relating to that employee’s participation in an employee assistance program is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
History.—s. 3, ch. 98-8; s. 1, ch. 2003-102.