A primer on counties and municipalities.

• Author: Tucker, David G.
• Position: Part 1 - Florida

As Florida continues to grow, more rural areas develop urban characteristics. Empty lands fill with people and houses. Local governments are called upon to provide more and more services to these areas. In light of this trend, it is periodically useful to review some of the basic building blocks of local government in Florida, specifically, counties and municipalities. This article is the first part of a two-part discussion of these building blocks. This part discusses the establishment and powers of counties and municipalities, while Part Two will discuss their interrelationships.

Counties

The Florida Constitution mandates the division of the state into "political subdivisions called counties." (1) The legislature is tasked to subdivide the state into counties "by law." In F.S. Ch. 7, the legislature has divided the state into 67 counties whose boundaries are defined severally in the subsections of Ch. 7. Counties are defined territorially--in other words, in creating counties, there is no consideration of population, provision of services, or similar elements that must be present to justify the creation of municipalities.

The constitution contemplates two types of counties: charter counties and noncharter counties. (2) A charter county is one governed under a county charter. A charter may be adopted, amended, or repealed only upon approval of the electors of the county in a special election. Art. VIII, [section]1(c) of the Florida Constitution, authorizes the legislature to enact procedures either through general or special law under which "county government may be established by charter which shall be adopted, amended or repealed only upon vote of the electors of the county in a special election called for that purpose." The procedures for enacting and implementing a county charter are set forth in general law in F.S [subsection]125.60-125.64 and 125.80-125.88(2006).

The constitution directly confers upon charter counties "all powers of local self-government not inconsistent with general law, or with special law approved by vote of the electors. The governing body of a county operating under a charter may enact county ordinances not inconsistent with general law." (3) This is a broad grant of power. As one court has recently noted: "Case law has long held that charter counties are akin to municipalities and have the same powers and authority to implement ordinances as municipalities unless an intention to exclude them is plainly discernable.... That upon a county becoming a charter county it automatically becomes a metropolitan entity for self-government purposes." (4) Charter counties do differ from municipalities in one important respect, however. Art. VIII, [section]1(g), Florida Constitution, limits the force of special laws within a charter county only to those special laws approved by the voters of the charter county. No similar constitutional limitation applies to special laws applicable to municipalities. In the event of a conflict between an ordinance adopted by a charter county and an ordinance adopted by a municipality, the constitution requires that the county charter itself define which ordinance prevails. (5)

Noncharter counties only have "such power of self government as is provided by general or special law." (6) The legislature has enacted F.S. Ch. 125 to confer and delegate powers to...