A Primer on Counties and Municipalities Part 1

Florida’s counties are important political divisions that are created by the state legislature. There are 67 counties in Florida, and they can be either charter counties, which have their own local government rules, or noncharter counties. Charter counties must have their charter approved by the voters in a special election. This means that the people who live in the county get to decide how they want their local government to work. The constitution gives charter counties a lot of power to make their own laws, as long as they don’t conflict with state laws. Noncharter counties have less power and can only do things allowed by state law. County commissioners are important officials and can be changed or abolished by the voters or a special law. Municipalities are created by the legislature, not the constitution, and they have the power to govern themselves and provide services. The legislature has specific procedures for creating, merging, or dissolving municipalities. To incorporate a new municipality, a feasibility study must be submitted to the legislature showing that it meets certain criteria. This study must be submitted at least 90 days before the start of the legislative session. The study must include a map of the area and reasons for the boundary change. The information needed for a feasibility study for incorporating a new area into a county includes the current land use and zoning designations, the present land use characteristics, proposed development, and the agencies currently providing services in the area. It also requires information on proposed services and their costs, the people submitting the proposal, fiscal capacity and organizational plan, data supporting the need for incorporation, evaluation of alternative solutions, and evidence that the proposed municipality meets incorporation requirements. Additionally, for counties with municipal overlays, information about the overlay must be included in the study. The municipal charter must include certain elements required by law, and cannot stop the local government from collecting certain taxes. Municipalities can have power to make laws on certain topics, but there are limits set by the state government. These limits are more strict for municipalities than for counties with a charter. This section ensures that cities and counties in Florida have the power to make their own rules, as long as they don’t break state laws or the state constitution. The Florida Supreme Court has also said that cities can use their powers for things that benefit the community, even if it’s not explicitly allowed in the state constitution. This is important because as Florida grows, cities and counties have to work together, and it’s not always easy. Part Two will talk more about how these rules work. This is a submission from an attorney who used to work for a county government. They are sharing information about local government laws in Florida. The attorney is part of a group that focuses on these laws and wants to help improve how justice is carried out.

Source: https://www.floridabar.org/the-florida-bar-journal/a-primer-on-counties-and-municipalities-part-1/