Local Government

Question 1

Local Government Units

Answer 1

1. counties (charter and non-charter)
2. municipal corporations
3. school districts
4. special districts

Question 2

Local governments do 2 things:

Answer 2

1. provide services (water, garbage pick up, fire-protection, police)
2. regulate services (through ordinances)

Question 3

Charter County

Answer 3

• has the power of self-governance NOT INCONSISTENT with general law, or with special law
• source of power is the county charter
• supremacy clause may provide that the charter county ordinance will prevail in the event of a conflict

Question 4

Non-Charter County

Answer 4

• has the power of self governance AS PROVIDED BY general or special law
• if a conflict exists between a non-charter county ordinance and an ordinance of a municipality located within that non-charter county, the Florida Constitution provides that the municipal ordinance will supersede the non-charter county ordinance

Question 5

State Preemption

Answer 5

State law preempts conflicting county laws

Question 6

County-Municipality Conflicts

Answer 6

1. Charter + Services: supremacy clause, or the municipality
2. Non-charter + Services: municipality wins
3. Charter + Regulatory: county wins
4. Non-charter + Regulatory: city probably wins

Question 7

Municipalities

Answer 7

-creatures of the legislature

• may act when:
  1. there is a valid municipal purpose and
  2. the action was expressly not prohibited by the constitution, general, or special law or county charter

Question 8

Annexation

Answer 8

Concept of bringing contiguous unincorporated area into the city. 3 ways to do it:

1. voluntary (no referendum needed)
2. municipality initiated (need dual referenda)
3. law of the legislature

Question 9

Consolidation

Answer 9

Where the government of a county and the government of one or more municipalities located therein may be consolidated into a single government which may exercise any and all power of the county and the several municipalities

• only done once (Jax)
• must only be approved by a special law and vote of the electors of the county or county and municipalities affected
• if not approved, cannot do it for another 2 years

Question 10

Transfer of Powers

Answer 10

Any function or power of a county, municipality, or special district may be transferred to or contracted to be performed by another county, municipality, or special district, after approval of the electors of the transferor and approval by vote of the electors of the transferee

Question 11

Merger

Answer 11

Two or more municipalities merging

Residents have no right to a referendum on the merger