§ 3.8. Procedure for adoption of ordinances and resolutions.  


Latest version.
  • (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 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)

    A proposed ordinance may be read by title, or in full, on at least two (2) separate days and shall, at least ten (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 meeting, the title or titles of proposed ordinances, and the place or places within the city, where such proposed ordinances may be inspected by the public. Said 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 the city may, by a two-thirds ( 2/3 ) vote, enact an emergency ordinance without complying with the requirements of paragraph (a) of this subsection. However, the ordinance must contain a declaration describing the [in] clear and specific terms, the facts and reasons constituting the emergency. An ordinance granting, reviewing, or extending a franchise shall not be passed as an emergency ordinance, nor to levy taxes, set service or user charges for any city services, annexing property, or authorize the borrowing of money except as provided under the emergency appropriations provisions of this Charter, if applicable.

    (4)

    A majority of the members of the governing body shall constitute a quorum. An affirmative vote of a majority of a quorum present shall be necessary to enact any ordinance or adopt any resolution, except that two-thirds ( 2/3 ) of the membership of the council 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 records of the meeting. All ordinances shall become effective when specified therein.

    (5)

    Emergency ordinances shall become effective upon adoption or at such other date as may be specified in the ordinance. After its adoption, the ordinance shall be published and printed as prescribed for other adopted ordinances.

    (6)

    Every emergency ordinance except emergency appropriations shall be [sic] automatically stand repealed as of the sixty-first (61st) day following the date on which it was adopted, but this shall not prevent re-enactment of the ordinance under regular procedures, or if the emergency still exists, in the manner specified in this section. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption or emergency ordinances.

(Ord. No. 2017-11, § 1, 6-20-2017)

State law reference

Procedure for adoption of ordinances and resolutions generally, F.S. § 166.041; authority to specify additional requirements, F.S. § 166.041(6).