Extraterritorial Pwrs Flashcards
Can Munis extend themselves extraterritorially?
No unless gen or special law (like Spec Dists).
What 3 statutes permits Muni to assert itself extraterritorially for a public purpose?
#1) 159 INDUST DEVELOP FIN ACT. Econ dev is in best interest of state w/o regard to boundaries.
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#2) 180 MUNI WORKS.
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#3) 166.0495. By interlocal can K w/ adjacent Muni to perform LEO w/ ADJACENT Muni in SAME COUNTY.
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 5 things do we know?
Hint: 2 are for 2 types of extraterr services.
EXTRATERR
- Provided by gen or special law.
- Comply w/ host zoning.
- For muni purpose.
- If installing w/ww via 180 Muni can’t extend into another muni. [& can impose S.A. for capital improvements extraterr only when they connect. 170.01]
- Can LEO via interlocal w/o using spec assmts w/ ADJACENT muni IN SAME COUNTY.
What statute permits Muni to perform LEO extraterritorially?
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For who may it perform LEO?
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Is a referendum required? If so, what kind? *hint- 2 circumstances to consider.
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Can spec assessments be used to pay for them? Why or why not?
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Don’t get confused with what other 2 muni extraterritorial acts?
166.0495. By interlocal & contract w/ adjacent Muni to perform LEO.
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(1) Adjacent Muni. &
(2) In same county.
~differs from 180, can’t w/ww into another muni. ~confirmed 180.02.
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Need dual referendum if transferring LEO service BUT only if LGs are entering. If Sheriff enters K to pick up additional area, no referendum req.
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No b/c LEO is not logically related to PROPERTY, like court services
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180 - w/ww not in another muni & no encroach
170 - if legally obligated to provide w/ww in unincorp, no SA until connect.
If County issuing bonds for a project outside its borders via Industrial Dev, what can it ask for?re
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.
EXTRATERR ----------- What statute(s) address(es) wh/ muni can install water/sewer mains outside its juris? ----------- What is provided? ----------- Hint: 1) Has 2 limitations. 2) Has 2 limitations (stronger than #1).
Yes via 180 (pub works) b/c it’s gen law BUT not into another muni. & can’t encroach on existing service.
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170 speaks generally of special assessments for projects within the city
BUT
If legally obligated to provide w/ww to unincorp part of county may do so
BUT
Cannot S.A. until they connect. 170.01
What 4 things 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?
(c) Not to be confused with what 3 things?
EXTRATERR
(a) 180.22 - Emin Domain for utilities
(b) UNLESS extends into another muni & can’t ED or encroach on existing service [AGO 93-52]. One case said extending 20 miles was a-ok.
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1) 166.0495 - LEO adjacent muni in same county
2) 170 - if legally obligated w/ww in unincorp, SA when connect.
3) 163.01 - any new entity no w/ww in existing, no ED on pub w/ww, no title if ED’d 10 years, any other limit in interlocal.
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).
What 2 statutes speak to munis imposing 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 statutes permitting munis to act extraterr.
I) Boundaries take a back seat. II) Public works. IIA) Public works E.D.? III) Interlocal. IV) Alternative.
Gen law permits for MUNI PROJ:
I) 159 INDUST DEVELOP FIN ACT. Econ dev is in best interest of state w/o regard to boundaries.
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II) 180 MUNI WORKS unless extends into another muni. + no encroach & no ed on w/ww; consent from pub w/ww; 10 yrs title if prior e.d.; no ED on w/ww.
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IIA) Can E.D. extra [180.22] w/ limits no ED on w/ww; no title if 10 yrs prior ED
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III) 166.0495. By interlocal can K w/ ADJACENT Muni in SAME COUNTY to perform LEO.
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IV) 170.05 - can ONLY extend if Muni obligated to provide w/ww cap impvmts for unincorp area. S.A. when extraterr connects.
