Chapter 5 Local Governments Flashcards
General Concept
Local Governments are:
- Charter and non-charter counties
- Municipal corporations
- School Districts
- Special Districts
Non-Charter Counties
County not operating under a charter may enact county ordinances not inconsistent with general or special law, but an ordinance in conflict with a municipality to the extent of such conflict
Non-Charter Counties
“Home rule power”
“Home rule power” for counties and cities “refers to the ability of a county or municipality to govern itself from within and not have to seek legislative authorization whenever it desired to act.”
- Authorizes “counties to exercise self-governance”
Non-Charter Counties
Non-charter counties possess self-government power that must be consistent with general or special law.
The Legislature may affect the county’s power by general or special law which controls these counties freely. Non-charter counties can enact ordinances that are consistent with Florida laws
Non-Charter Counties
City Ordinances
“City” ordinances which conflict with “non-charter” county ordinances require that the city ordinance rules inside the city
If there is a conflict, a non-chartered county ordinance is ineffective inside the city
Charter Counties
County charters shall provide which shall prevail in the event of conflict between county and municipal ordinances
Charter Counties
Home Rule
Home rule provides that the charter county can self-govern as long the county ordinance is consistent with applicable general or special laws
Charter Counties
Conflict between charter and city ordinance
Conflicts between charter and city ordinances result in the paramount law being the county charter
Municipal Corporations
- Municipalities may be established or abolished by the Legislature
- A city can exercise its powers as long it is for a municipal purpose and is not prohibited by the constitution, general/special law, or a charter county ordinance
