Non-Charters Generally Flashcards

1
Q

What sets forth N-C powers?
What implements them?

A

Art. 8, Sect. 1(f)
125.01(1) - HR

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2
Q

How are N-Cs created?

A

Required to be created by legislation.

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3
Q

What powers do N-Cs have?

A

[Non-Cs are low & forced to take ‘as is.’]
———–
All powers of self govt.
• AS IS PROVIDED by gen law or spec law (b/c created by legis).

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4
Q

Powers of N-Cs are instilled by __________.

A

Constitution, Art. 8, Sec 1(f) “as is provided.”
So it gets what is given by legislature.
Subject to:
A. Cons.
B. Gen & spec. laws.

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5
Q

When wondering if N-C has power, do you look for a limitation? Or look for an enumerated power?

A

Limitation. Assume can.

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6
Q

How are N-C pwrs construed?

A

Liberally.

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7
Q

What are 3 limits on N-C powers?

A
NON-CHARTERS
-----------
(like charters)
	1.  	Expressly preempted or 
	2.  	Impliedly preempted by assignment (DOT) or 
	3.  	Pervasive regulation
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8
Q

How are N-C powers vulnerable?

A

(like Munis)
Legis gave all powers (125-HR) & Legis can diminish by gen or spec law WITHOUT voter approval.

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9
Q

Name 3 ways N-Cs differ from Charters?

A

NON-CHARTERS

  1. Can be diminished by special act.
  2. Different recall provisions due to malfeasance in office.
  3. Due to Const amend eff 1/5/2021 (but applied to 2020 election), elections are the sole way to get const officers (Sheriff, Tax Coll, Prop Apprsr, Sup Elect, Clerk of Ct)
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10
Q

Can Non-Cs preempt over Munis?

A

No. Cannot preempt munis.
N-C Ordinance will not be effective in muni to extent of conflict.

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11
Q

If N-C acts where it is preempted, what is result?

A

Act is invalid.
Subject to Attys Fees ( FS 57.112)

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12
Q

State the powers of Charters, Non-Charters, & Munis.

A

NON-CHARTERS

(1) Charter - self govt, NOT INCONST. [c’H” close to ‘I’]
(2) N-C - self gvt, AS IS PROVIDED. [low take ‘as is’]
(3) Muni - corp, prop, govtl, for govt, functs, & services, EXCEPT AS OTHERWISE provided. [mEXi muni]

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13
Q

What constitutional provision empowers N-Cs? What 2 things does it provide?

A

Art. 8, Sec. 1(f).
1) Pass ordinances not inconsistent w/ gen. law.
2) Pwrs of self-govt, as is provided by gen. or spec. law.

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14
Q

What kind of ordinances may Non-Charters pass?

A

Not inconsistent w/ gen law.
per Art. 8, Sec. 1(f), also giving pwrs of self govt as is provided by gen. or spec. law.

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15
Q

Where does taxing pwr of all LGs come from?

A

Art. 7, Sec. 9(a):
- Counties, school districts, and munis shall
- Special districts may
- Be authorized by law to levy AV taxes &
- Other taxes authorized by gen. law
- Except AV on intang pers prop & taxes prohibited by this constitution.

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16
Q

What 2 taxes can LGs never impose?

A

NON-CHARTERS

  1. AV taxes on intangible personal property.
  2. Any taxes prohibited by Constitution.
17
Q

Does N-Cs have HR to impose taxes & spec assessments?

A
NON-CHARTERS
-----------
No!  
---
Taxing pwr is derived from Art 7 [cc, nc, muni shall + S.D. may impose].  It is NOT implemented by 125.
---
Art 8 [as is provided] is implemented by 125.
---
Since taxing comes from Art 7 not implemented by 125, N-C has no HR pwr to levy taxes/assessments.
~AGO 92-11.
-----------
~confirmed.  AGO 92-11
18
Q

What constitutional pwr is implemented by HR?

A
NON-CHARTERS
-----------
Art. 8, Sec. 1(f)  "as is" = 125.
---
Art. 7, taxing is not 125.
19
Q

What is the importance of Art 7 not being implements by 125?

A

Taxing is not found in HR pwrs.

20
Q

Are special assessments considered taxes?

A

They are a peculiar type of tax.

21
Q

What authority gives special assessment power?

A

Taxing! Special assessments are levied under taxing power and considered a peculiar species of taxation.
~AGO 86-32

22
Q

Under what 6 conditions may spec assessments be collected via UMC under FS 197?

A

1) LG has K w/ prop app for his admin costs.
2) Resolution authorizing method adopted @ PH.
3) Os noticed.
4) PA lists on roll.
5) $ amt is included in notice of prop taxes.
6) $ amt is included in tax notice.

~FS 197.322

23
Q

What are 4 practical effects of using 197 for spec assessment collection?

A
NON-CHARTERS
-----------
1)   Early pay discount.
2)  Installments
3)  Delinquency penalty.
4)  Tax certif for nonpayment
---
~ FS 197.363.
24
Q

if not using 197, what is alternative method of collecting special assessments?

What is specifically prohibited?

A

As is set forth in LG resolution.

~FS 197.363