§ 2-52. Emergency ordinances.  


Latest version.
  • To meet a public emergency affecting life, health, property or the public peace, the council may adopt one or more emergency ordinances, but such ordinances may not establish or amend the actual zoning map designation of a parcel of land or change the actual list of permitted, conditional or prohibited uses within a zoning category, levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services or authorize the borrowing of money. Emergency enactment procedures for land use plans adopted pursuant to F.S. §§ 163.3161—163.3244 shall be pursuant to that part. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of four members shall be required for adoption. As soon as possible after its adoption, a notice shall be published stating that an emergency ordinance has been adopted and briefly stating the nature of such ordinance. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed as of the 61st day following the date on which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of an emergency ordinance.

(Laws of Fla. ch. 5080(1901), § 34; Laws of Fla. ch. 73-403, art. III)

State law reference

Emergency ordinances, F.S. § 166.041(3)(b).