Extraterritorial Pwrs Flashcards
Can Munis extend themselves extraterritorially?
No unless gen or special law (like Spec Dists).
What statute permits Muni to assert itself extraterritorially for a public purpose?
159 INDUST DEVELOP FIN ACT. Econ dev is in best interest of state w/o regard to boundaries.
180 MUNI WORKS.
What statute permits Muni to ED extraterritorially?
Muni Public Works (Ch 180)
Muni may exercise ED over any public or private land.
If Muni exercises ED extraterritorially, what 2 things must be met?
EXTRATERR
- Provided by gen or special law
- Comply w/ host zoning.
What statute permits Muni to perform LEO extraterritorially?
EXTRATERR
- By interlocal and contract w/ adjacent Muni to perform LEO.
If County issuing bonds for a project outside its borders via Industrial Dev, what can it ask for?
Can ask industrial development authority of host county to make determination of 159.29 pre-reqs are met:
1) Project = significant econ growth
2) Issuing county = financial responsible
3) Host county = able to cope w/ impact
4) Costs = expended for a project as defined in Ch 159.
Can a muni install water/sewer mains outside its juris?
Yes via 180 (pub works) b/c it’s gen law BUT not into another muni.
———–
Can impose S.A. for capital improvements extraterr only when they connect. 170.01
What can a muni never legislate?
Via 166.021:
1) Annexation, merger & extraterritorial pwr which require gen or special law.
2) Prohibited by constitution
3) Expressly preempted to state or county by constitution or gen law.
4) Preempted to county via county charter.
Besides extraterr, what can muni not legislate?
EXTRATERR ----------- Per 166.021(4): Without a referendum, cannot legis on: 1) Creation or existence of a muni 3) Terms & manner of election 3) Pwrs among elected officers 4) Change in form of govt. 5) rts of muni employees.
EXTRATERR ----------- Bottom line on muni extra. Can it? Where get its pwrs, where are they limited.
No, it can’t unless law gives muni extra pwrs.
Const. grants broad HR.
Const. limits extraterr by munis to that provided by general or special law
What is the trick to look for in a fact pattern?
Muni can extend extra for muni works per 180 UNLESS the extension is into ANOTHER MUNI!
Munis cannot act extraterritorially unless gen or spec law.
(a) What law permits munis to emin domain extraterr?
(b) What is the limit imposed?
EXTRATERR
(a) 180.22 - Emin Domain for utilities
(b) UNLESS extends into another muni [AGO 93-52]
One case said extending 20 miles was a-ok.
What are some cases on muni’s extra pwrs?
The Florida Supreme Court has upheld the exercise of extraterritorial powers, particularly with respect to proprietary projects, by municipalities where such powers are supported by or derived from a legislative grant. See:
Town of Riviera Beach v. State, 53 So. 2d 828 (Fla. 1951);
State v. City of Pensacola, 197 So. 520 (Fla. 1940); Town of Palm Beach v. City of West Palm Beach, 239 So. 2d 835 (Fla. 4th DCA 1970); and
City of Ocala v. Red Oak Farm, Inc., 636 So. 2d 81 (Fla. 5th DCA 1994).
For what can munis impose spec assmt INFRAterr.
INFRAterr ----------- Cap impvmts (w/ww, roads, drain). FS 170 Can E.D. FS 180.22 ~ 170 re: spec ass 180 re: muni works
State 3 things we know about munis, muni projects & EXTRAterr.
EXTRATERR ----------- Gen law permits for MUNI PROJ: 1. Can extend [170.05] 2. Can E.D. extra [180.22] BUT 3. Cannot impose spec ass vs. EXTRA O until EXTRA O connects. ---------- Ex. int unincorp.
