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

(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

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

(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.
———–
~confirmed Art. 8, Sec. 1(f). as is provided + not inconsistent ordinances.

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

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

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

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

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.

~confirmed. FS 197.363