Transfer (contrast w/ Preemption); Interlocals Flashcards
Where look to determine a conflict between Charter County and Muni?
Charter.
Whose ordinance prevails, Charter County or Muni?
Depends. Dictated by Charter. It may allow Muni to trump or may preempt. Or it may give Charter preemption power.
How can Charter implement regulatory (as opposed to services) preemption of a Muni?
A single countywide vote to amend Charter & provide for Muni preemption.
TRANSFER ----------- Difference in voting for CC to: - preempt Muni regulatory auth v. - transfer Muni services
Preempt = 1 countywide vote to amend Charter
Transfer = 2 votes (CC + Muni)
When transferring regulatory pwrs from a Muni to a Charter County, is a referendum required?
No, not if Charter provides for regulatory preemption.
———–
If preempt servs, must comply w/ Art. 8 Sec. 4
What does Art. 8, Sec. 4 require to transfer SERVICES.
TRANSFER
-----------
1. Dual resolutions or
2. Gen or Special Act ("or as otherwise provided by law")
*** SUBJECT TO ***
Dual Referendum.PREEMPT
- UNIQUE* about CCs, re: preempt REGULATION.
If Charter provides for countywide REGULATION, CC wins.
How can a CC implement regulatory preemption over Muni?
Charter amendment approved by electors in single countywide vote.
for SERVICES, state how FL’s constitution says we can:
1) INITIATE transfer of services by what 2 ways.
2) SUBJECT to what?
TRANSFER
-----------
1) INITIATE:
Dual Resolution
Gen law ("or otherwise provided by law").
2) Only AFTER Dual Referendum
What is the SINGLE exception to avoid vote to transfer services?
TRANSFER ----------- Interlocal k transfers services BUT Transferor retains supervisory oversight + control.
~~~
transferor does not have to give up his right to control his own resources.
Highlight case, re: transfer of pwrs.
Dolphins v. Dade County
TDT funds to renovate city-owned Orange Bowl.
B/c plan didn’t req transfer of city’s juris over the stadium but just offered grant funds for a particular purp, was not unconst transfer of pwrs.
Self-question checklist for pwr transfers.
TRANSFER
- Services? Or merely preempting regulatory auth?
- Complete relinq of control? Or merely contracting for services?
Interlocal: How use interlocal to transfer pwrs?
163.01(7) allows creation of separate legal entity to administer public facilities w/o pwr to levy tax or issue bonds in its own name.
———–
~confirmed. 163 no bond/tax unless w/ww. spec dist can if in charter.
Can Muni opt out of countywide provided service?
PREEMPT ----------- CC: If Charter preempts, muni stuck. If Charter not effective in Muni to extent of conflict, Muni can pass opt-out ordinance for H,S + W.
How can a Muni opt-out of countywide service fail?
If Court deems it a ploy to avoid. Emphasize H,S+W.
How does Municipal Home Rules Powers Act expressly limits Muni powers?
166.021
Muni pwr does not exist for
(1) any subject expressly preempted to the state or county government by the Constitution or by general law or
(2) any subject preempted to a county pursuant to a county charter.
What kind of vote is needed to transfer services?
TRANSFER ----------- Services Dual referenda Unless, 1. Interlocal 2 Transferring maintains supervisory oversight and control.
What is an example of transfer of powers where control was not relinquished?
City of PB v. Barnes
Sherriff K to provide law enforcement.
No relinq of control.
What is the new entity LGs may create via Ch. 163?
LGs may create a separate legal entity WITHOUT PWR to:
(a) Tax or
(b) Issue bonds in its own name.
UNLESS its members are electric utilities or formed for water/wastewater (can issue bonds + bond anticipation notes) FS 163.01
When LGs create new Interlocal (FS 163 entity), what are they trying to accomplish?
Transfer of services
Can a newly formed Interlocal (FS 163) entity issue bonds or bond anticipation notes?
No UNLESS its members are electric utilities or formed for water/wastewater.
If newly formed Interlocal (FS 163) electric entity seeks to validate its bonds, where would it file its complaint?
Leon County.
Can a newly formed Interlocal (FS 163) entity tax?
No.
~163 entity may not tax or issue bonds. Special Districts may if in charter & referendum.
If newly formed Interlocal (FS 163) entity is for water or wastewater, where can it NOT operate?
Cannot operate within boundaries of an existing water/wastewater utility UNLESS consent.
If newly formed Interlocal (FS 163) entity is for water or wastewater, can it acquire water/wastewater outside its juris?
No UNLESS consent.
Is newly Interlocal (FS 163) formed entity for water/wastewater subject to PSC?
No.
Is the newly formed Interlocal (FS 163) entity the same thing as a Special District?
No.
Special Districts may be a co-creator of the 163 entity.
INTERLOCALS ----------- TRUE OR FALSE ----------- Interlocal Agreements can be validated in circuit court under Chapter 75, Florida Statues, if the agreement includes a payment obligation on the part of the LG.
TRUE
State 2 things that trump a Charter’s decisions, re: services.
~How do they differ from trumping a Non-Cs or Munis?
Charter Counties services may be transferred by . . .
1) General Law
OR
2) Spec Act voted by Charter’s electors.
~~Note, REQUIRES APPROVAL of Charter voters.
———–
Non-Cs & Muni’s trumped by Gen or Spec with NO voter being able to stop.
State 2 things that trump a non-charter county or muni’s decisions, re: services.
~~How does this differ from trumping a Charter?~~
General or special law.
~~note, voters can’t stop. No req of voter approval.
Charters are only trumped by Gen Law or Spec Act approved by voters.
