Non-Charters Generally

Question 1

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

Answer 1

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

Question 2

How are N-Cs created?

Answer 2

Required to be created by legislation.

Question 3

What powers do N-Cs have?

Answer 3

[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).

Question 4

Powers of N-Cs are instilled by __________.

Answer 4

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.

Question 5

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

Answer 5

Limitation. Assume can.

Question 6

How are N-C pwrs construed?

Answer 6

Liberally.

Question 7

What are 3 limits on N-C powers?

Answer 7

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

Question 8

How are N-C powers vulnerable?

Answer 8

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

Question 9

Name 3 ways N-Cs differ from Charters?

Answer 9

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)

Question 10

Can Non-Cs preempt over Munis?

Answer 10

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

Question 11

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

Answer 11

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

Question 12

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

Answer 12

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]

Question 13

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

Answer 13

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.

Question 14

What kind of ordinances may Non-Charters pass?

Answer 14

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.

Question 15

Where does taxing pwr of all LGs come from?

Answer 15

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.

Question 16

What 2 taxes can LGs never impose?

Answer 16

NON-CHARTERS

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

Question 17

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

Answer 17

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

Question 18

What constitutional pwr is implemented by HR?

Answer 18

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

Question 19

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

Answer 19

Taxing is not found in HR pwrs.

Question 20

Are special assessments considered taxes?

Answer 20

They are a peculiar type of tax.

Question 21

What authority gives special assessment power?

Answer 21

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

Question 22

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

Answer 22

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

Question 23

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

Answer 23

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

Question 24

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

What is specifically prohibited?

Answer 24

As is set forth in LG resolution.

~FS 197.363