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.
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If preempt servs, must comply w/ Art. 8 Sec. 4
What does Art. 8, Sec. 4 require to transfer SERVICES.
TRANSFER
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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
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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.
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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.
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~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.
