HomeMy WebLinkAboutFS 2007 - 166.041 Muni CodeCh. 166 MUNICIPALITIES
F.S. 200) ., F
a per diem and travel expense policy for its travelers
which varies from the provisions of s. 112.061. Any
such policy provided by a municipality or an agency
thereof on January 1, 2003, shall be valid and in effect
for that municipality or agency thereof until otherwise
amended. A municipality or agency thereof that pro-
vides any per diem and travel expense policy pursuant
to this subsection shall be deemed to be exempt from
all provisions of s. 112.061. A municipality or agency
thereof that does not provide a per diem and travel
expense policy pursuant to this subsection remains
subject to all provisions of s. 112.061.
(c) Travel claims submitted by a traveler in a
municipality or agency thereof which is exempted from
the provisions of s. 112.061, pursuant to paragraph (b),
shall not be required to be sworn to before a notary
public or other officer authorized to administer oaths,
but any claim authorized or required to be made under
any per diem and travel expense policy of a municipal-
ity or agency thereof must contain a statement that the
expenses were actually incurred by the traveler as nec-
essary travel expenses in the performance of official
duties and shall be verified by a written declaration that
it is true and correct as to every material matter; and
any person who willfully makes and subscribes any
such claim that he or she does not believe to be true
and correct as to every material matter, or who willfully
aids or assists in, or procures, counsels, or advises the
preparation or presentation of such a claim that is
fraudulent or is false as to any material matter, whether
or not such falsity or fraud is with the knowledge or con-
sent of the person authorized or required to present
such claim, commits a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s.
775.083. Whoever receives an allowance or reim-
bursement by means of a false claim is civilly liable in
the amount of the overpayment for the reimbursement
of the public fund from which the claim was paid.
History.—s. 1, ch. 73-129; s. 1, ch. 77.174; S. 2, ch. 90-332; s. 2, ch. 92-90; s.
2, ch. 93-207; s. 2, ch. 94-332; s. 1, ch. 95-178; s. 1, ch. 98-37; s. 1, ch. 2003-125.
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 describ-
ing 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 amend-
ments 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 t t
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 bound-
aries 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 municipal-
ity 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 pro-
vided 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 pre-
cedent from a decision of a court of last resort, to be
contrary to either the State Constitution or Federal Con-
stitution.
(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 qualify-
ing 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.
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.
166.033 Development permits.—When a munici-
pality denies an application for a development permit,
the municipality shall give written notice to the appli-
cant. The notice must include a citation to the applica-
ble portions of an ordinance, rule, statute, or other legal
authority for the denial of the permit. As used in this
section, the term "development permit" has the same
meaning as in s. 163.3164.
History.—s. 2, ch. 2006-88.
1166.041 Procedures for adoption of ordinances
and resolutions.—
(1) As used in this section, the following words and
terms shall have the following meanings unless some
other meaning is plainly indicated:
(a) "Ordinance" means 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.
(b) "Resolution" means an expression of a govern-
ing 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.
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MUNICIPALITIES
(2) Each ordinance or resolution shall be intro-
duced in writing and shall embrace but one subject and
matters properly connected therewith. The subject
shall be clearly stated in the title. No ordinance shall be
revised or amended by reference to its title only. Ordi-
nances to revise or amend shall set out in full the
revised or amended act or section or subsection or
paragraph of a section or subsection.
(3)(a) Except as provided in paragraph (c), a pro-
posed 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. The notice of proposed
enactment shall state the date, time, and place of the
meeting; the title or titles of proposed ordinances; and
the 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.
(b) The governing body of a municipality may, by a
two-thirds vote, enact an emergency ordinance without
complying with the requirements of paragraph (a) of
this subsection. However, no emergency ordinance or
resolution shall be enacted which establishes or
amends the actual zoning map designation of a parcel
or parcels of land or that changes the actual list of per-
mitted, conditional, or prohibited uses within a zoning
category. Emergency enactment procedures for land
use plans adopted pursuant to part II of chapter 163
shall be pursuant to that part.
2(c) Ordinances initiated by other than the munici-
pality that change the actual zoning map designation of
a parcel or parcels of land shall be enacted pursuant to
paragraph (a). Ordinances that change the actual list of
permitted, conditional, or prohibited uses within a zon-
ing category, or ordinances initiated by the municipality
that change the actual zoning map designation of a par-
cel or parcels of land shall be enacted pursuant to the
following procedure:
1. In cases in which the proposed ordinance
changes the actual zoning map designation for a parcel
or parcels of land involving less than 10 contiguous
acres, the governing body shall direct the clerk of the
governing body to notify by mail each real property
owner whose land the municipality will redesignate by
enactment of the ordinance and whose address is
known by reference to the latest ad valorem tax rec-
ords. The notice shall state the substance of the pro-
posed ordinance as it affects that property owner and
shall set a time and place for one or more public hear-
ings on such ordinance. Such notice shall be given at
least 30 days prior to the date set for the public hearing,
and a copy of the notice shall be kept available for pub-
lic inspection during the regular business hours of the
office of the clerk of the governing body. The governing
body shall hold a public hearing on the proposed ordi-
nance and may, upon the conclusion of the hearing,
immediately adopt the ordinance.
2. In cases in which the proposed ordinance
changes the actual list of permitted, conditional, or pro-
hibited uses within a zoning category, or changes the
actual zoning map designation of a parcel or parcels o1
Ch. 166
land involving 10 contiguku-$ acres or more,the govern-
ing body shal!proyide for public notice and hearings as
follows:_
----a. The local governing body shall hold two adver-
tised public hearings on the proposed ordinance. At
least one hearing shall be held after 5 p.m. on a week-
day, unless the local governing body, by a majority plus
one vote, elects to conduct that hearing at another time
of day. The first public hearing shall beheld at least 7
days after the da�r tTiat the first advertisement is pub-.
1shed.-The second heann9 shall be held at least 10
days after the first hearing and shall be advertised „af
least 5 days pnorao the public hearing.
b. The required advertisements shall be no less
than 2 columns wide by 10 inches long in a standard
size or a tabloid size newspaper, and the headline in
the advertisement shall be in a type no smaller than 18
point. The advertisement shall not be placed in that por-
tion of the newspaper where legal notices and classi-
fied advertisements appear. The advertisement shall
be placed in a newspaper of general paid circulation in
the municipality and of general interest and readership
in the municipality, not one of limited subject matter,
pursuant to chapter 50. It is the legislative intent that,
whenever possible, the advertisement appear in a
newspaper that is published at least 5 days a week
unless the only newspaper in the municipality is pub-
lished less than 5 days a week. The advertisement
shall be in substantially the following form:
NOTICE OF (TYPE OF) CHANGE
The (name of local governmental unit) proposes to adopt the
following ordinance: (title of the ordinance) .
A public hearing on the ordinance will be held on date
and time) at (meeting place) .
Except for amendments which change the actual list of
permitted, conditional, or prohibited uses within a zon-
ing category, the advertisement shall contain a geo-
graphic 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 general area.
C. In lieu of publishing the advertisement set out in
this paragraph, the municipality may mail a notice to
each person owning real property within the area cov-
ered by the ordinance. Such notice shall clearly explain
the proposed ordinance and shall notify the person of
the time, place, and location of any public hearing on
the proposed ordinance.
(4) A majority of the members of the governing
body shall constitute a quorum. An affirmative vote of a
majority of a quorum present is necessary to enact any
ordinance or adopt any resolution; except that two-
thirds of the membership of the board is required to
enact an emergency ordinance. On final passage, the
vote of each member of the governing body voting shall
be entered on the official record of the meeting. All ordi-
nances or resolutions passed by the governing body
shall become effective 10 days after passage or as oth-
erwise provided therein.
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