The 2023 Florida Statutes (including Special Session C)
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. . . . § 166.021(1), (3)(c), (4) ). . . .
. . . Martinez’s final argument is that section 166.021(4), Florida Statutes (2017), precludes the City from . . .
. . . .; see also § 166.021(1), Fla. Stat. (2014). . . .
. . . .; §§ 125.01, 166.021, Fla. Stat. (2015); City of Cape Coral v. . . .
. . . Sections 166.021(1), (3), and (4), Florida Statutes (1973), prohibit the exercise of municipal powers . . . imposed or otherwise, on the exercise of home rule powers other than those so expressly prohibited.... § 166.021 . . . Mulligan, 934 So.2d 1238, 1243 (Fla.2006)), and that pursuant to section 166.021 “a municipality may . . . power to enact legislation concerning any subject matter upon which the state legislature may act,” § 166.021 . . .
. . . protect the public from them, and WHEREAS, Article VIII, Section 2(b), Florida Constitution, and Section 166.021 . . .
. . . . § 166.021(1) & (4) (conferring upon municipal governments all the governmental powers “to enable them . . .
. . . .; § 166.021, Fla. Stat. (2013). . . .
. . . See also § 166.021, Fla. Stat. (2008) (relating to the exercise of municipal powers). . . . .” § 166.021(4), Fla. Stat. (2008). . . .
. . . of great public importance: Whether under Article VIII, section 2(b), Florida Constitution, section 166.021 . . . Section 166.021, Florida Statutes (2004), contains general provisions governing the exercise of municipal . . . Section 166.021(1) states: “As provided in s. 2(b), Art. . . . Section 166.021(3) provides in pertinent part as follows: The Legislature recognizes that pursuant to . . . We have also stated that — as is recognized in section 166.021 — “a municipality may legislate concurrently . . . Section 166.021(1) states in relevant part that “municipalities ... may exercise any power for municipal . . . Further, section 166.021(3)(c) provides that the municipality has the power to enact legislation concerning . . . Here, section 166.021 provides that the City may act except where expressly preempted, not impliedly . . . there is no express limitation by section 695.11, The City of Palm Bay had authority under section 166.021 . . .
. . . .” § 166.021(1), Fla. Stat. . . . See § 166.021(4), Fla. Stat. (emphasis added). . . .
. . . However, section 166.021, Florida Statutes (2011), which codified Article VIII, limits that power where . . . Accordingly, the City’s ordinance is contrary to section 166.021(3)(c) as it is expressly preempted by . . .
. . . collective bargaining statute (Chapter 447, Part I, Florida Statutes), preempts any requirement of Section 166.021 . . . It thus appears to the court that the referendum requirement of Section 166.021(4), Florida Statutes, . . . have under consideration any potential conflict between a collective bargaining agreement and Section 166.021 . . . agreement and any statute or ordinance, it is between two unintentionally conflicting statutes: Section 166.021 . . . ORDERED, DECLARED AND ADJUDGED that the referendum requirement of Section 166.021(4), Florida Statutes . . .
. . . Section 166.021, Florida Statutes (2008), grants municipalities the powers needed to perform the functions . . . municipal government so long as the power is exercised for a municipal purpose, which is defined in section 166.021 . . . However, section 166.021(3), Florida Statutes (2008), explains that, despite broad home rule powers, . . . assessments on West Villages’ property fall within the limitations on home rule powers delineated in section 166.021 . . . assessments, NPRDD’s assessments fall within the limitations on home rule powers set forth in section 166.021 . . .
. . . For example, section 166.021(3)(c), Florida Statutes states: The Legislature recognizes that pursuant . . . subject expressly preempted to the state or county government by the constitution or by general law.... § 166.021 . . . It is undisputed that the City has broad home rule powers as set forth in section 166.021, Florida Statutes . . . For example, section 166.021(3)(c), Florida Statutes (2008), states: The Legislature recognizes that . . . Thus, the City’s ordinance, section 48-26, is in violation of section 166.021(3)(c) which provides that . . .
. . . of great public importance: Whether, under Article VIII, section 2(b), Florida Constitution, section 166.021 . . .
. . . Miami-Dade County may exercise the same legal powers as any other municipality, and that under section 166.021 . . .
. . . rule powers granted by article VIII, section 2(b) of the Florida Constitution, and codified in section 166.021 . . . Asserting that ordinance 97-07 does not encroach into any of the areas prohibited by section 166.021, . . .
. . . The Municipal Home Rule Powers Act, section 166.021(4), Florida Statutes (1979), provides in part that . . .
. . . . § 166.021 (extending to municipalities the right to exercise powers of the state, including those powers . . .
. . . .; § 166.021(1), (3)(c), (4), Fla. Stat. (1999). . . . See § 166.021, Fla. Stat. (2002). . . . Section 166.021 of the Municipal Home Rule Powers Act states in applicable part: (1) As provided in s . . .
. . . Florida Statute § 166.021(5). . . .
. . . .; § 166.021(3)(e), Fla. Stat. . . .
. . . .” § 166.021(1), Fla. Stat. (1993) (emphasis added). . . . .”); § 166.021(1), Fla. . . . .” § 166.021(1), Fla. Stat. (1997). . . .
. . . imposed or otherwise, on the exercise of home rule powers other than those so expressly prohibited- § 166.021 . . .
. . . possessed broad home rule powers under Article VIII, section 2(b) of the Florida Constitution, and section 166.021 . . .
. . . Section 166.021(3), Florida Statutes, of Florida’s Municipal Home Rule Powers Act states that cities . . .
. . . .” § 166.021(1), Fla. Stat. (2003) (emphasis added). . . . Section 166.021(3) recognizes that cities may not legislate in an area expressly preempted by state legislation . . . Const, and § 166.021(3), Fla. Stat. (2002). . . .
. . . Florida, with home rule powers under article VIII, section 2(b), Florida Constitution and sections 166.021 . . .
. . . VIII, § 2(b) of the Florida Constitution; (2) the Municipal Home Rule Powers Act, Florida Statute § 166.021 . . .
. . . .; § 166.021, Fla. Stat. (2000). . . .
. . . See §§ 166.021, 166.111(1), 166.141, Fla. . . . codified in chapter 166, Florida Statutes, municipalities have full authority to issue bonds) (citing §§ 166.021 . . .
. . . See § 166.021(1), Fla. Stat. (2000); Contractors and Builders Ass’n v. . . .
. . . State of Florida, is authorized by Article VIII, Section 2, of the Florida Constitution, and section 166.021 . . .
. . . See § 166.021, Fla. . . .
. . . Const. (1968); § 166.021, Fla.Stat. (Supp.1994); 13 Fla. . . .
. . . Const. (1968); § 166.021, Fla.Stat. . . .
. . . . § 166.021 (1987); City of Ormond Beach v. . . .
. . . . § 166.021. . . .
. . . The statutes involved in City of Boca Raton, section 166.021, Florida Statutes and Chapter 170, contain . . . attempted to save its special assessments by declaring that it could levy the assessments under section 166.021 . . .
. . . the legislature may act, except those subjects described under paragraphs (a) through (d) of section 166.021 . . . Section 166.021(3): (a) The subjects of annexation, merger, and exercise of extraterritorial power, which . . .
. . . . § 166.021. . . .
. . . Section 166.021(3)(c) expressly excludes from municipalities’ powers “any subject expressly preempted . . .
. . . has the authority to enact zoning ordinances pursuant to the Municipal Home Rule Powers Act, Section 166.021 . . .
. . . contends that under its home rule powers, article VIII, section 2(b), Florida Constitution, and section 166.021 . . . municipalities “may exercise any power for municipal purposes, except when expressly prohibited by law.” § 166.021 . . . Each municipal legislative body shall be elective. .Section 166.021, Florida Statutes (1989), provides . . .
. . . . §§ 166.021(1), (2), 166.-101(8), 166.111, Fla.Stat. (1991). . . .
. . . .” § 166.021(5), Fla.Stat. . . .
. . . Section 166.021 provides in pertinent part: (1) As provided in s. 2(b), Art. . . . City of Boca Raton can levy its special assessment unless it is expressly prohibited by law — section 166.021 . . . (1), expressly prohibited by the constitution — section 166.021(3)(b), or expressly preempted to the . . . state or county government by the constitution or by general law — section 166.021(3)(c). . . . collect non-ad valorem assessments supplemental to the home rule powers pursuant to ss. 125.01 and 166.021 . . .
. . . .; §§ 125.01, 166.021, Fla.Stat. (1989); Tribune Co. v. . . . We explained: Section 166.021(3)(c), Florida Statutes (1987), which is part of the municipal home rule . . .
. . . Section 166.021(3)(d), Florida Statutes, (1987), reads as follows: "The Legislature recognizes that pursuant . . .
. . . Ann. sec. 166.021 (West 1977). . . .
. . . defined as “any activity or power which may be exercised by the State or its political subdivisions”, § 166.021 . . .
. . . Section 166.021(3)(c), Florida Statutes. . . .
. . . . § 166.021(2), Fla. Stat. (1987). See also Ormond Beach v. . . . Section 166.021(3) specifically provides that: The Legislature recognizes that pursuant to the grant . . .
. . . Section 166.021(3)(c), Florida Statutes (1987), which is part of the municipal home rule powers act, . . .
. . . authority exists” in violation of Article VIII, section 2 of the Florida Constitution, and section 166.021 . . . That prong fails to give effect to Article VIII, section 2 of the Florida Constitution and section 166.021 . . . subject expressly preempted to a state or county government by the constitution or by general law.” § 166.021 . . . The concept embodied in section 166.021(3)(c) recognizes that “a municipality’s power to legislate is . . . In doing so, the legislature complied with the preemption requirements in section 166.021. . . .
. . . .” § 166.021(2), Fla.Stat. (1987). . . . Chapter 166, Fla.Stat. (1987). . § 166.021(1), Fla.Stat. (1987); City of Miami v. . . .
. . . Fla.Stat.Ann. 166.021(3)(b)—(c) (West 1987). . . .
. . . Section 166.021, Florida Statutes (1985), now provides in pertinent part: (1) As provided in s. 2(b), . . .
. . . Section 166.021(3), Florida Statutes (1981), grants to municipalities the power to enact legislation . . . Section 166.021(3), Fla.Stat. (1981), contains certain enumerated exceptions to the grant of legislative . . .
. . . . § 166.021(3)(c), Fla.Stat. (1985); see General Elec. Credit Corp. v. . . .
. . . .” § 166.021(2) Fla.Stat. (1983). . . .
. . . . § 166.021 (1983); see also Fla.Stat. § 166.042 (legislative intent); Fla. . . .
. . . Section 166.021(3), Fla.Stat. (1985), in turn provides, with exceptions not applicable here, that municipalities . . .
. . . 5.03, Metropolitan Dade County Charter; §§ 168.01, 166.01-.02,166.05, Fla.Stat. (1955); see also § 166.021 . . .
. . . See § 166.021(4), Fla.Stat. (1979). . . .
. . . . § 166.021, Municipal Home Rule Powers Act, Palm Beach in 1958 enacted Article V, Sections 17-92 and . . .
. . . .” § 166.021(2), Fla.Stat. (1983). . . . subject expressly preempted to state or county government by the constitution or by general law.” § 166.021 . . .
. . . through 84-15 of the City Commission of the City of Lake Worth be declared void as violative of section 166.021 . . .
. . . . § 166.021 which requires a referendum to change election plans. . . . .
. . . Florida law, under section 166.021, Florida Statutes (1981), which cites article VIII, section 2(b) of . . .
. . . maintain that section 175.181 does not expressly pre-empt ordinance number 80-42 as required by section 166.021 . . . Under section 166.021(3)(c), Florida Statutes, a municipality’s power to legislate is limited where the . . .
. . . See also § 166.021, Fla. Stat. . . .
. . . Subsection (4) of section 166.021 prohibits any changes in a municipal charter or a special law which . . . “Municipal purpose” is defined in section 166.021(2) as “any activity or power which may be exercised . . . See § 166.021(5), Fla.Stat. (1983). . . . McQuillin, supra note 3, at § 16.69. . § 166.021(3)(a), Fla.Stat. (1983). .Article VIII, section 2(c) . . . See also § 166.021(1), Fla.Stat. (1983). . . . .
. . . Municipal Home Rule Powers Act” re-emphasizes the broad grant of power given to municipalities in section 166.021 . . . Section 166.021(2), defines “municipal purpose” as “any activity or power which may be exercised by the . . .
. . . in Chapter 447 the express preemption (as opposed to preemption by implication) required by Section 166.021 . . .
. . . .; § 166.021(1), (2), Fla.Stat. (1981). . See 4245 Corporation v. . . .
. . . .” § 166.021(4), Fla.Stat. (1979). . . . The Municipal Home Rule Powers Act, section 166.021(4) of the Florida Statutes (1979) provides in part . . . Section 166.021(2) states that it is “... any activity or power which may be exercised by the state or . . . Section 166.021(4) expresses the intention of the legislature to secure for municipalities the broad . . .
. . . Florida law, under section 166.021, Florida Statutes (1981), which cites article VIII, section 2(b) of . . . Whether general principles or the provisions of section 166.021 are followed, preemption appears to apply . . .
. . . expressly preempted to state or county government by the Constitution or by general law” Florida Statute 166.021 . . .
. . . See § 166.021(4), Fla.Stat. (1981), and State v. City of Sunrise, 354 So.2d 1206, 1209 (Fla.1978). . . .
. . . Section 166.021(2), Florida Statutes (1981), defines “municipal purpose” as “any activity or power which . . . municipality may not enact legislation concerning any subject expressly prohibited by the constitution. § 166.021 . . . municipality may not exercise any power for municipal purposes which is expressly prohibited by law. § 166.021 . . .
. . . However, under section 166.021(3)(c), Florida Statutes (1981), the legislative body of a municipality . . .
. . . While Chapter 166.021, Florida Statutes (1973), the Municipal Home Rule Powers Act, generally gives a . . . to enact legislation concerning any subject matter upon which the state legislature may act, section 166.021 . . .
. . . .” § 166.021(4), Fla. Stat. (1979). . . .
. . . decision that the subject charter provision must also fall under the Municipal Home Rule Powers Act [§ 166.021 . . . down by the Florida Supreme Court as having been nullified by the Municipal Home Rule Powers Act [§ 166.021 . . .
. . . . § 166.021(4X1981); during one of the hearings, the district court concluded that Section 166.021 does . . . Fla.Stat.Ann. § 166.021(4) provides in part: Powers The provisions of this section shall be so construed . . .
. . . The effect of the Municipal Home Rule Powers Act upon the City Charter is recited in Section 166.021( . . .
. . . The state’s first argument is premised on section 166.021(3)(c), Florida Statutes (1979), which states . . .
. . . legislation on any subject upon which the state legislature may act unless expressly prohibited by law. 166.021 . . . imposed or otherwise, on the exercise of home rule powers other than those so expressly prohibited. § 166.021 . . . Beach then enacted another rent control ordinance under the expanded authority afforded by section 166.021 . . . It should be so construed as to effectuate that purpose where possible.2 It provides, in new F.S. § 166.021 . . .
. . . Article VIII, Section 2(b), Florida Constitution; Section 166.021(3)(c), Florida Statutes (1979). . . .
. . . assumed a city service because the City continues to operate its own system under authority of section 166.021 . . .
. . . limitations on the borrowing and leasing powers of the City of Miami which have been nullified by section 166.021 . . . any municipal charter enacted or adopted prior to July 1, 1973, is hereby nullified and repealed.” § 166.021 . . .
. . . In a recent case involving this same point we held that Section 166.021(4) authorized a city council . . . In the instant case the broad grant of authority delegated to municipalities under Section 166.021(4) . . .
. . . We reach a different conclusion in this case because Section 166.021, Florida Statutes (1973) effectively . . . This Municipal Home Rule Powers Act says in Section 166.021(4), Florida Statutes (1973) “The provisions . . .
. . . . § 166.021(4), Fla.Stat. (1977). . . .
. . . . § 166.021(3)(c) (1973) provides that municipalities may enact legislation upon any subject matter except . . .
. . . Section 166.021, Florida Statutes (1977), provides: (1) As provided in s. 2(b), Art. . . .