Who Can ED? Flashcards
When declaring public purpose, state powers of Charters.
~~~same discussion as pub purp in resolution to issue bonds~~~
All pwrs of self govt NOT INCONSISTENT w/ gen law or spec law approved by the electors.
———–
How remember:
c”H”arter is alphabetically close to “I”nconsitent.
When declaring public purpose, state powers of Non-Charters.
~~~same discussion as pub purp in resolution to issue bonds~~~
All pwrs of self govt AS IS PROVIDED in gen or special law (spec law approved by voters)
———–
How remember:
“N”on C is alphabetically close to “P”rovided.
When declaring public purpose, state powers of Munis.
~~~same discussion as pub purp in resolution to issue bonds~~~
Govtl, corporate and proprietary pwrs
To conduct govt, perform functs + services
&
Exercise any pwr for municipal purposes EXCEPT AS OTHERWISE PROVIDED by law.
———–
Muni CANNOT ED outside its borders for proprietary (as opposed to sovereign) powers W/O GEN OR SPECIAL LAW
When declaring public purpose, compare LG powers.
~~~same discussion as pub purp in resolution to issue bonds~~~
Charter:
All pwrs of self govt NOT INCONSISTENT w/ gen law or spec law approved by the electors.
———–
Non-C:
All pwrs of self govt AS IS PROVIDED in gen or special law (spec law approved by voters)
———–
Muni:
Govtl, corporate and proprietary pwrs
To conduct govt, perform functs + services
&
Exercise any pwr for municipal purposes EXCEPT AS OTHERWISE PROVIDED by law.
———–
Muni CANNOT ED outside its borders for proprietary (as opposed to sovereign) powers W/O GEN OR SPECIAL LAW
Can a Charter ED outside its borders?
Yes, except state/fed OR for recreational purps.
———–
Can take any land for public purps
EXCEPT
1) State/Fed
2) Cannot take outside its borders for recreational purps (parks, playgrds, rec centers).
———–
~~~confirmed 127.01(2) + Prosser v. Polk~~~
Can Non-C ED outside its borders?
Yes, except for recreational purps.
———–
Can take any land for public purps (except State/Fed)
EXCEPT cannot take outside its borders for recreational purps (parks, playgrds, rec centers).
Can Muni ED outside its borders?
PWRS ---------- No, unless by gen or special law. ----------- Muni CANNOT ED outside its borders for proprietary (as opposed to sovereign) powers W/O GEN OR SPEC LAW Ex. FS 180, Municipal Public Works - ED over any public or private land.
Is economic development a public purpose?
Yes. Constitution provides.
What is the politeness rule when ED-ing in another’s borders?
Comply with host zoning.
ED power is provided in Ch 159, Industrial Dev?
PWRS ---------- Counties + Cities may ED for: Waterworks, sewers, gas systems, Solid waste disposal + incinerator Harbor and port facilities, marinas Mass transit, expressways, bridges, causeways, tunnels Civic auditoriums, sports arenas, Parking, and theme and amusement parks
What specific ED powers does Housing Finance Authority have?
YES - Public Housing (FS §421.08)
NO - Industrial/Econ Dev (FS §159.61)
Can a Spec Dist ED outside its borders?
No, unless gen or special law (like Munis). Look closely at enabling statute - Halifax.
————
“Special district” - unit of LG created for a special purpose w/ juris to operate within a limited geographic boundary and is created by general law, special act, local ordinance, or by rule of the Governor and Cabinet. FS §189.012(6)
If County issuing bonds for a project outside its borders via Industrial Dev, what 4 things can it ask for?
Can ask industrial development authority of host county to make determination of 159.29 pre-reqs are met:
1) Project = significant econ growth
2) Issuing county = financial responsible
3) Host county = able to cope w/ impact
4) Costs = expended for a project as defined in Ch 159.
What provision of State constitution authorizes State’s E.D. authority?
NONE!
- E.D. power was assumed until constitution limited it!
