166.021 Powers. ---
(1) As provided in s. 2(b), Art. VIII of the State Constitution,
municipalities shall have the governmental, corporate, and proprietary powers
to enable them to conduct municipal government, perform municipal functions,
and render municipal services, and may exercise any power for municipal
purposes, except when expressly prohibited by law.
(2) "Municipal purpose" means any activity or power which may
be exercised by the state or its political subdivisions.
(3) The Legislature recognizes that pursuant to the grant of
power set forth in s. 2(b), Art. VIII of the State Constitution, the
legislative body of each municipality has the power to enact legislation
concerning any subject matter upon which the state Legislature may act,
except:
(a) The subjects of annexation, merger, and exercise of
extraterritorial power, which require general or special law pursuant to s.
2(c), Art. VIII of the State Constitution;
(b) Any subject expressly prohibited by the constitution;
(c) Any subject expressly preempted to state or county government by
the constitution or by general law; and
(d) Any subject preempted to a county pursuant to a county charter
adopted under the authority of ss. 1(g), 3, and 6(e), Art. VIII of the State
Constitution.
(4) The provisions of this section shall be so construed as to
secure for municipalities the broad exercise of home rule powers granted by
the constitution. It is the further intent of the Legislature to extend to
municipalities the exercise of powers for municipal governmental, corporate,
or proprietary purposes not expressly prohibited by the constitution, general
or special law, or county charter and to remove any limitations, judicially
imposed or otherwise, on the exercise of home rule powers other than those so
expressly prohibited. However, nothing in this act shall be construed to
permit any changes in a special law or municipal charter which affect the
exercise of extraterritorial powers or which affect an area which includes
lands within and without a municipality or any changes in a special law or
municipal charter which affect the creation or existence of a municipality,
the terms of elected officers and the manner of their election except for the
selection of election dates and qualifying periods for candidates and for
changes in terms of office necessitated by such changes in election dates, the
distribution of powers among elected officers, matters prescribed by the
charter relating to appointive boards, any change in the form of government,
or any rights of municipal employees, without approval by referendum of the
electors as provided in s. 166.031. Any other limitation of power upon any
municipality contained in any municipal charter enacted or adopted prior to
July 1, 1973, is hereby nullified and repealed.
(5) All existing special acts pertaining exclusively to the power
or jurisdiction of a particular municipality except as otherwise provided in
subsection (4) shall become an ordinance of that municipality on the effective
date of this act, subject to modification or repeal as other
ordinances.
(6) The governing body of a municipality may require that any
person within the municipality demonstrate the existence of some arrangement
or contract by which such person will dispose of solid waste in a manner
consistent with the ordinances of the county or municipality or state or
federal law. For any person who will produce special wastes or biomedical
waste, as the same may be defined by state or federal law or county or city
ordinance, the municipality may require satisfactory proof of a contract or
similar arrangement by which special or biomedical wastes will be collected by
a qualified and duly licensed collector and disposed of in accordance with the
laws of Florida or the Federal Government.
(7) Notwithstanding the prohibition against extra compensation
set forth in s. 215.425, the governing body of a municipality may provide for
an extra compensation program, including a lump-sum bonus payment program, to
reward outstanding employees whose performance exceeds standards, if the
program provides that a bonus payment may not be included in an employee's
regular base rate of pay and may not be carried forward in subsequent
years.
(8) Entities that are funded wholly or in part by the
municipality, at the discretion of the municipality, may be required by the
municipality to conduct a performance audit paid for by the municipality. An
entity shall not be considered as funded by the municipality by virtue of the
fact that such entity utilizes the municipality to collect taxes, assessments,
fees, or other revenue. If an independent special district receives municipal
funds pursuant to a contract or interlocal agreement for the purposes of
funding, in whole or in part, a discrete program of the district, only that
program may be required by the municipality to undergo a performance
audit.
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.