Non-Charters Generally Flashcards
What sets forth N-C powers?
What implements them?
Art. 8, Sect. 1(f)
125.01(1) - HR
How are N-Cs created?
Required to be created by legislation.
What powers do N-Cs have?
[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).
Powers of N-Cs are instilled by __________.
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.
When wondering if N-C has power, do you look for a limitation? Or look for an enumerated power?
Limitation. Assume can.
How are N-C pwrs construed?
Liberally.
What are 3 limits on N-C powers?
NON-CHARTERS ----------- (like charters) 1. Expressly preempted or 2. Impliedly preempted by assignment (DOT) or 3. Pervasive regulation
How are N-C powers vulnerable?
(like Munis)
Legis gave all powers (125-HR) & Legis can diminish by gen or spec law WITHOUT voter approval.
Name 3 ways N-Cs differ from Charters?
NON-CHARTERS
- Can be diminished by special act.
- Different recall provisions due to malfeasance in office.
- 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)
Can Non-Cs preempt over Munis?
No. Cannot preempt munis.
N-C Ordinance will not be effective in muni to extent of conflict.
If N-C acts where it is preempted, what is result?
Act is invalid.
Subject to Attys Fees ( FS 57.112)
State the powers of Charters, Non-Charters, & Munis.
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]
What constitutional provision empowers N-Cs? What 2 things does it provide?
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.
What kind of ordinances may Non-Charters pass?
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.
Where does taxing pwr of all LGs come from?
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.
What 2 taxes can LGs never impose?
NON-CHARTERS
- AV taxes on intangible personal property.
- Any taxes prohibited by Constitution.
Does N-Cs have HR to impose taxes & spec assessments?
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
What constitutional pwr is implemented by HR?
NON-CHARTERS ----------- Art. 8, Sec. 1(f) "as is" = 125. --- Art. 7, taxing is not 125.
What is the importance of Art 7 not being implements by 125?
Taxing is not found in HR pwrs.
Are special assessments considered taxes?
They are a peculiar type of tax.
What authority gives special assessment power?
Taxing! Special assessments are levied under taxing power and considered a peculiar species of taxation.
~AGO 86-32
Under what 6 conditions may spec assessments be collected via UMC under FS 197?
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
What are 4 practical effects of using 197 for spec assessment collection?
NON-CHARTERS ----------- 1) Early pay discount. 2) Installments 3) Delinquency penalty. 4) Tax certif for nonpayment --- ~ FS 197.363.
if not using 197, what is alternative method of collecting special assessments?
What is specifically prohibited?
As is set forth in LG resolution.
~FS 197.363
