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The 2002 Florida Statutes
Title XII Chapter 166 View Entire Chapter
MUNICIPALITIES MUNICIPALMES
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 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.
(2) 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. No
ordinance shall be revised or amended by reference to its title only. Ordinances 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 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. 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 permitted,
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.
Z(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 pursuant to paragraph (a). Ordinances
that change the actual list of permitted, conditional, or prohibited uses within a zoning category,
or ordinances initiated by the municipality that change the actual zoning map designation of a
parcel 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 records. The notice shall state the substance of the
proposed ordinance as it affects that property owner and shall set a time and place for one or
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statutes - >View Statutes- >2002- >Ch0166- >Section 041: Online Sunshine Page 2 of 4
more public hearings 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 public
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 ordinance 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
prohibited uses within a zoning category, or changes the actual zoning map designation of a parcel
or parcels of land involving 10 contiguous acres or more, the governing body shall provide for
public notice and hearings as follows:
a. The local governing body shall hold two advertised public hearings on the proposed ordinance.
At least one hearing shall be held after 5 p.m. on a weekday, 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 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 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 portion of the newspaper
where legal notices and classified 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 published 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 zoning category, the advertisement shall contain a geographic location map which dearly
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 covered 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 ordinances or resolutions passed by the
governing body shall become effective 10 days after passage or as otherwise provided therein.
(5) Every ordinance or resolution shall, upon its final passage, be recorded in a book kept for that
purpose and shall be signed by the presiding officer and the clerk of the governing body.
(6) 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. By future ordinance or charter amendment, a municipality may specify additional
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statutes - >View Statutes -> 2002- >Ch0166 -> Section 041: Online Sunshine Page 3 of 4
requirements for the adoption or enactment of ordinances or resolutions or prescribe procedures
in greater detail than contained herein. However, a municipality shall not have the power or
authority to lessen or reduce the requirements of this section or other requirements as provided
by general law.
(7) Five years after the adoption of any ordinance or resolution adopted after the effective date of
this act, no cause of action shall be commenced as to the validity of an ordinance or resolution
based on the failure to strictly adhere to the provisions contained in this section. After 5 years,
substantial compliance with the provisions contained In this section shall be a defense to an action
to invalidate an ordinance or resolution for failure to comply with the provisions contained in this
section. Without limitation, the common law doctrines of lathes and waiver are valid defenses to
any action challenging the validity of an ordinance or resolution based on failure to strictly adhere
to the provisions contained in this section. Standing to initiate a challenge to the adoption of an
ordinance or resolution based on a failure to strictly adhere to the provisions contained in this
section shall be limited to a person who was entitled to actual or constructive notice at the time
the ordinance or resolution was adopted. Nothing herein shall be construed to affect the standing
requirements under part II of chapter 163.
(8) The notice procedures required by this section are established as minimum notice procedures.
History. - -s. 1, ch. 73 -129; s. 2, ch. 76 -155; s. 2, ch. 77 -331; s. 1, ch. 83 -240; s. 1, ch. 83 -301;
s. 2, ch. 95 -198; s. 5, ch. 95 -310.
'Note. -- Section 3, ch. 95 -310, provides that "[i]f any ordinance or resolution was adopted prior
to [June 15, 1995] and the appropriate subsection of s. 166.041, Florida Statutes, was not
followed, but the municipality followed the procedure of subsection (2) or subsection (3) of s.
166.041, Florida Statutes, as they existed at the time of the adoption of such ordinance or
resolution, the procedures used for such ordinance or resolution are hereby validated and ratified.
This section does not apply to any lawsuit pending on [June 15, 1995]."
ZNote. - -As amended by s. 5, ch. 95 -310. This version is published as the last expression of
legislative will (see Journal of the Senate 1995, p. 1061, and Journal of the House of
Representatives 1995, p. 1129). Paragraph (3)(c) was also amended by s. 2, ch. 95 -198, and that
version reads:
(c) Ordinances initiated by the governing body or its designee which rezone specific parcels of
private real property or which substantially change permitted use categories in zoning districts
shall be enacted pursuant to the following procedure:
1. In cases in which the proposed rezoning or change in permitted use 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 real property owner whose land the municipality will rezone
or whose land will be affected by the change in permitted use by enactment of the ordinance and
whose address is known by reference to the latest ad valorem tax records. The notice shall state
the substance of the proposed ordinance as it affects that property owner and shall set a time and
place for one or more public hearings 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 public 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 ordinance and may, upon
the conclusion of the hearing, immediately adopt the ordinance.
2. In cases In which the proposed ordinance deals with more than 5 percent of the total land area
of the municipality, the governing body shall provide for public notice and hearings as follows:
a. The local governing body shall hold two advertised public hearings on the proposed ordinance.
Both hearings shall be held after 5 p.m. on a weekday, unless the local governing body, by a
majority plus one vote, elects to conduct one or both of these hearings at another time of day.
The first public hearing shall be held approximately 7 days after the day that the first
advertisement is published. The second hearing shall be held approximately 2 weeks after the first
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statutes - >View Statutes- >2002- >Ch0166- >Section 041: Online Sunshine Page 4 of 4
hearing and shall be advertised approximately 5 days prior to the public hearing. The day, time,
and place at which the second public hearing will be held shall be announced at the first public
hearing.
b. The required advertisements shall be no less than one - quarter page 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 portion of the newspaper where legal
notices and classified advertisements appear. The advertisement shall be published in a
newspaper of general paid circulation in the municipality and of general interest and readership in
the community, 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 community is published less than 5 days a week.
The advertisement shall be in the following form:
NOTICE OF ZONING (PERMITTED USE) CHANGE
The (name of local governmental unit) proposes to rezone (change the permitted use of) the land
within the area shown In the map in this advertisement.
A public hearing on the rezoning will be held on (date and time 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.
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 covered by the ordinance. Such notice
shall clearly explain the proposed ordinance and shall notify the person of the time, place, and
location of both public hearings on the proposed ordinance.
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