Florida County Government Guide 2014 Update a publication of the Florida Association of Counties sponsored by the Florida Counties Foundation University of Florida/IFAS Extension with assistance from the John Scott Dailey Florida Institute of Government The Florida County Government Guide is published every four years, but is reviewed and updated for content every two years. In 2014, the Guide was reviewed and two chapters were completely updated to incorporate the most recent legislative changes. In 2016, each chapter of the Guide will be completely reviewed and revised. The mission of the Florida Association of Counties helps counties effectively serve and represent Floridians by strengthening and preserving county home rule through advocacy, education and collaboration.
Published by the Florida Association of Counties 2014 Office Location: 100 South Monroe Street, Tallahassee, Florida 32301 Telephone: (850) 922-4300 FAX: (850) 488-7501 To order this guide or for more information about FAC including the latest legislative updates, dates for our upcoming events, and contact information for the entire FAC staff go to: www.fl-counties.com.
Introduction: Congratulations on Being Elected County Commissioner Now Get To Work! Vincent Long Congratulations! You have been elected county commissioner. You may be feeling like the dog that caught the bus: exhausted, overwhelmed, and asking yourself, now what? You can take comfort in the fact that you are not the first newly elected county commissioner to ask this question. In fact, as a county commissioner you will undoubtedly ask yourself variations of this question throughout your tenure in office. Whether you are dealing with a new state mandate or a seemingly impossible local issue, you will often ask yourself, What do I do now? There is no standard answer to this question. As a member of a Board of County Commissioners you have broad legislative discretion and home rule authority to determine what is right for your county. And with that, comes great responsibility. The responsibility with which you have been entrusted as a county commissioner will test every capacity of your compassion, your intellect and your character. This book is intended to help you be the most effective county commissioner you can be which is what your community deserves and needs now more than ever. You will not find here a theoretical treatise on governing; this is practical guide, a field manual, intended to help you navigate this unique and challenging environment called county government. Making the transition from candidate to county commissioner is your first of many daunting challenges. It probably seems a bit unfair that just when you were getting the hang of being a candidate, now you have to become an effective county commissioner and quickly! Gone are the days of the 30-second sound bite solutions that are the friend of the political outsider. Your messaging about the change that you would bring to the county commission, whether it was positive or negative, worked. It brought you the overnight distinction of being an insider, one of them. Your first instinct may be to continue to campaign, to distance yourself from your colleagues on the Board of County Commissioners. However, the qualities it took to be an effective campaigner are much different from those required to be an effective commissioner. Being an effective county commissioner requires endless prodding, compromise, and political skill to balance different points of view on your board in order to get anything done for your community. You are now one member of a team of five or seven (or more in just a couple of exceptions in Florida). You will soon experience one of the unique dynamics of being a county commissioner. That is, in very short order, the general public s individual perception of you will diminish, and you will inherit the larger attitude that people associate with your county commission good or bad. Even veteran commissioners sometimes do not fully appreciate this because of the tendency (that we all have) to surround themselves with a relatively small universe of people who like and support them, who share their political ideologies, and who are much closer to the finer nuances of local politics and personalities than most. You may have been an effective campaigner by railing against government or by inspiring voters with uplifting messages about your leadership. However, Florida County Government Guide - 2014 Update 1
P Truly campaign season is over! Your focus should turn immediately to making your county commission better, which will in turn make you more effective both on the board and in the eyes of the public. The good news is that there is arguably no other level of government where one wellequipped elected official can have a greater positive influence and generate more dramatic results than at the local level. The bad news is that the stakes have never been higher. County governments today face unprecedented challenges. As a political subdivision of the state, county governments are more directly impacted by the significant challenges facing the state than any other government. Florida is in a constant state of reform with the rules of the game for county governments continually changing as solutions to chronic problems like the state s antiquated tax structure remain elusive. In addition, in your county there will be an unlimited array of competing and often conflicting issues unique to your community that will contend for limited resources and will ultimately require county commission action. You and your fellow commissioners will go to great lengths to weigh the issues, values, and perspectives of the community to attempt to reach what is in the public interest. Unfortunately, determining the public interest is difficult if not impossible when dealing with most issues of public policy. This is due simply to the fact that people hold very different beliefs, interests, and preferences. To make the aggregation problem still more difficult is when you consider that voters individually and collectively even in relatively homogeneous populations can have drastically different political preferences that contradict one another. Fulfilling one interest requires that another interest be denied or at least temporarily set aside. Thus, there is no one public interest, but many public interests. The most difficult task of the county commission will be to consider as many of these interests as practical and determine a clear mandate for county government policy. The most common and difficult example of weighing contradictory public interests is the taxpayers strong and explicit demand for lower taxes that coexists with the continuing demand for more spending for their favorite county programs. Of course, when you compile all of the interests, there is no county program that is not either mandated by the state or someone s favorite program. Attempting to satisfy both conflicting demands is where county commissions and their professional staff will spend an inordinate amount of their limited time. It is important for you as a county commissioner to appreciate that, at worst, public policy is determined not by doing what is best for the community, but by doing what a few people who make the most noise want. The paradox that drives this unfortunate outcome is the worst kept secret in all of government. That is, citizens who take an active role in a political issue are those with a personal stake in the outcome. Citizens who will benefit only from better or more efficient government seldom make their voices heard. The result often times is that political pressures and ultimately political 1 decisions are made, which tend to be self-serving for those personally affected and involved. P1F1F balancing public interests, those which are shouted from the lectern at county commission meetings as well as those which have not been voiced, is critical because it promotes the public trust which is the foundation for everything you do as a leader in county government. Without it, citizens will not give the assent needed for commissions to truly lead and achieve meaningful progress in your communities. With the level of cynicism in government today, actively promoting the public trust is essential. Even when counties operate at the highest levels of efficiency and transparency, county governments experience a very unique set of perception issues. The most chronic of these perceptions can be generalized by the following description: Anytime the county commission makes a broad policy recommendation or implements a program or policy that specifically benefits an individual or is consistent with their interests and beliefs, that individual is left with the perception that the county is doing the right thing, after considering all of the facts, and in the best interest of the entire community. In sum, they are left with a very positive perception. They feel that the county commission gets it. Conversely, when the county commission takes a policy direction or implements a program that adversely affects the special interests of an individual or is counter to their Florida County Government Guide - 2014 Update 2
specific beliefs, that person is left with the perception that the county commission made the wrong decision, one that did not consider all of the facts and is not in the interest of the community, but was made to satisfy someone else s special interest. To address this perception and other frustrations, commissioners may be tempted to just simply adopt the popular refrain, let s run it like a business. This catch phrase can be a good one politically, for a short time, but in practice is problematic. A frustration experienced by many new county commissioners, particularly those who have worked and enjoyed success in the private sector, is the failure of government to conform to their experience or perception of what it takes to run a successful business. Most people would agree that the basics of running a successful business include: the ability to make strategic decisions to position best your company in the market; to deliver the product that (as close to exactly as possible) reflects what your customers wants; and the ability to make a profit at the price point the customer is willing to pay. The happy customer of business does not care about the salary of the Board of Directors or the CEO or the benefits package of the company s employees. The business of county government is very different. Can we learn from the private sector? Yes! In fact, it is imperative in this environment for county governments to learn from other highperforming and innovative organizations, those in the public and private sectors. However, compare the aforementioned basics of what it takes to run a successful business and imagine attempting to do so amid just a few of the following conditions unique to the business climate of county government: Your customers (citizens) have a large number of diverse wants and needs which are not consistent and often contradict one another. The work of your business (county government) is either not profitable or too difficult or another business (the private sector) would be doing it. You are not judged by how much money the business makes, but rather by how little you spend. There are endless rules and regulations that constrain the flexibility of the business to deploy people, money and other resources and are intended for that purpose. All of your Board of Directors (County Commission) meetings are publicly noticed and probably even televised. Every business decision you make is subject to the debate of all of your customers. Even individuals whose interests are counter to the success of the business are invited to participate and weigh in on behalf of other public and private interests. The Board of Directors of the business likely have fundamentally conflicting views of how the business should be run, and perhaps even what the fundamental purpose of the business should be in the first place. Any action of the Board of Directors (any indiscretions of employees, or any imaginable event associated with the daily business operations) are reported and delivered to the home of all of your customers every morning (or immediately through any number of electronic media). These are just a few of the business conditions that exist for county government. Can you imagine running a successful business in this environment? The dominant principles of equity in the public sector, and profit in the private sector, drive important cultural differences that are key to both fulfilling their distinct missions. Of course, efficiency and effectiveness are keys to the success of business in both private and public sector. And as in any business, this book is intended to provide county commissioners with a thorough understanding the inherent complexities, and the unique environment of the business of county government. To be an effective county commissioner requires no expertise in government or business. In fact, there have been and continue to be county commissioners from all walks of life who lend their Florida County Government Guide - 2014 Update 3
unique talents and perspectives to the governing of their county and whose communities are better because of their service. These commissioners, as well as professional managers and long-time observers of county government, will advise that while commissioners may have different backgrounds, personalities and political philosophies, there are common traits shared by effective county commissioners that include: A passion for being the best steward of your county during your time on the county commission to leave your county better than before you were elected; A desire to focus not only on the immediate challenges of the day, but also to have a vision for the future of the county; An ability to not only solve problems, but also to add to the problem-solving capacity of your community; A recognition that you represent all of the citizens of the county, those who voted for you and those who did not; A facility to get things done for your constituents while promoting the collegial nature of the county commission; A thorough understanding of the issues before the county commission and an appreciation of the impact of your actions on all of the various stakeholders in the community; An adherence to exercising ethical behavior in the performance of your duties and an avoidance of even the appearance of impropriety; An appreciation of the role of the professional manager (county manager or county administrator) and an understanding of the separation of executive and legislative responsibilities; An understanding of the roles and responsibilities of not only the county government, but also of the state, constitutional officers, city governments, and other general- and single-purpose governmental entities; and A commitment to being a continuous learner of what it takes to be a better county commissioner. While your commitment to continuous learning as a county commissioner may begin with this handbook, it is only an introduction to the wealth of resources and training available to you through the Florida Association of Counties (FAC). It has long been said that, there is no job description for being a county commissioner. And the absence of something as prescriptive as a job description is probably a good thing given the unique challenges of each county. However, this book recognizes that lack of specificity by providing you with the most important information on a variety of aspects unique to Florida county government critical to your effectiveness as a county commissioner. In this edition of the Florida County Government Guide you will learn about the history and evolution of county government, where counties derive their structure and authority, budgeting, financing and operating county programs and services, planning and growth management, intergovernmental relations, economic development and much more. As you begin your journey as a county commissioner, do so with confidence in the conviction that got you elected, and the understanding that you re not alone. While the challenges facing all counties appear to be greater than ever before, so is FAC s commitment to your success as a county commissioner in ensuring the viability and sustainability of your county which is what makes communities work! Florida County Government Guide - 2014 Update 4
NOTES 1 Banovetz, James M. (1998). Managing Local Government: Cases in Decision-Making. Second Ed. International City/County Management Association. Florida County Government Guide - 2014 Update 5
Florida County Government Guide - 2014 Update 6
P P P 1. Florida and Florida County History Rodney L. Clouser GENERAL HISTORY Florida s history is well documented and somewhat unique. Ponce de Leon discovered the state in 1513 and laid claim to the land for Spain. The assertion is that he made landfall somewhere near St. Augustine maybe in search of the mythical fountain of youth. A permanent Spanish colony was established in 1565 in St. Augustine. To put this in perspective, de Leon s claim of the state for Spain occurred a full century ahead of the Pilgrims landing at Plymouth Rock in 1620 and the permanent Spanish settlement in St. Augustine was established 55 years ahead of the landing at Plymouth Rock. According to history, France also laid claim to a portion of the state in an area north of Jacksonville s current location. At one point in time the state was relinquished to England only to end back up under Spanish claim in the mid to late 1760 s. Jump forward now over three centuries from de Leon s claim of the land for Spain. The year is 1821 and the territory encompassing modern day Florida was transferred to the United States. Provisional Governor Andrew Jackson by ordinance created Escambia and St. Johns Counties on July 21, 1821. The ordinance established the county form of government in Florida. A county judicial system and appointment of count judges, clerks and sheriffs were also established in the ordinance with administration of government in the two counties through the court system and five justices of 1 the peace. P2F2F HISTORY OF FLORIDA COUNTIES th Florida became the 27P P state and was admitted to statehood in 1845. In the interim, the state was organized and governed by an 1838 State Constitution adopted by a territorial council. Counties, although in existence in Florida, were not provided for in the 1838 document. However, the 1838 State Constitution did establish county commissioners in Article V, section 19: The General Assembly shall have power to establish in each County, a Board of Commissioners for the regulation 2 of the County business therein. P3F3F Counties (and cities) were formally recognized constitutionally in a separate article in the state s 1885 Constitution. However, the process for selection of county commissioners was by appointment established in Article VIII, section 5: There shall be appointed by the Governor, by and with the consent of the Senate, in and for each county, five County Commissioners. Their terms of 3 office shall be two years, and their powers, duties and compensation shall be prescribed by law. P4F4F The 1885 State Constitution remained the basis for Florida state and local government, with various amendments added throughout the years, until adoption of the 1968 State Constitution. Florida County Government Guide 1
P At P Some P Additionally, P Article Florida s modern day or contemporary constitution was approved by the state electorate in 4 of the significant differences in the 1968 state constitution relative to 1885 November 1968.P5F5F were: Counties could be created, abolished or changed by law, with provision for payment or apportionment of the public debt (Article VIII, section 1(a) 1968 Florida Constitution). County governments could be established by charter by vote of the electors (Article VIII, section 1(c) 1968 Florida Constitution). Non-charter counties had the power of self-government as is provided by general or special law (Article VIII, section 1(f) 1968 Florida Constitution). Charter counties had the powers of local self-government not inconsistent with general law, or with special law approved by the vote of the electors (Article VIII, section 1(g) 1968 Florida Constitution). County commissioners were elected and county commission boards consisted of five members unless otherwise provided by the county charter (Article VIII, section 1(e) 1968 Florida Constitution). It must be remembered that Florida s Constitution is a constantly changing document, maybe even more so than in other states and especially since the citizen amendment process has been adopted. Changes have occurred and will continue to occur over time. For example, the 1968 Constitution has been amended so that the number of commissioners elected can be five or seven members unless otherwise provided by the county charter. Since the initial establishment of Escambia and St. Johns Counties in 1821 an additional 65 counties have been established. By 1844, the year prior to Florida s admittance to statehood, 25 counties had already been established in the state. A current list of Florida counties and the year they were established can be found in Table 1.1. The last county founded in the state was Gilchrist County in 1925. There have been five attempts to establish four new counties in the state between 1917 and 2000 (proposed: Bloxham, 1917; Call, 1928; Kennedy, 1965; and Hialeah, 1999 and 2000), but none 5 have been successful.p6f6f only one county in Florida has ever been eliminated (Fayette, 6 7 1834).P7F7F present 20 Florida counties are charter counties (see Table 1.1).P8F8F COUNTY COMMISSIONS AND CONSTITUTIONAL OFFICERS The concept of a board of county commissioners can be found in Florida s 1838 Constitution in Article V, Section 19, which gives the territorial General Assembly the power to establish a Board of Commissioners. The 1838 Constitution also contained a reference to Clerks of the Circuit Courts who were to be elected as prescribed by law. By the time the state s 1868 Constitution had been adopted, the number of county officials had increased significantly. The 1868 Constitution is referred to as the Reconstruction Constitution and returned control of the state to its citizens after Florida seceded from the Union. Article V, section 19, identified the following county officers to be appointed by the Governor with the consent of the Florida Senate: an assessor of taxes and a collector of revenue, a county treasurer, county surveyor, superintendent of common schools, and 8 five county commissioners, P9F9F VI, section 19, also gave the Governor, with consent of the Senate, the authority to appoint a sheriff and a clerk of the circuit court, who shall also be clerk of Florida County Government Guide 2
court. P17F17F P County P will the county court and of the board of county commissioners, recorder, and ex officio auditor of the county P10F10F 9 Table 1.1. Florida Counties, Date of Establishment and Current Charter Counties. County Date Established County Date Established County Date Established Alachua* 12/29/1824 Hardee 4/23/1921 Okeechobee 5/8/1917 Baker 2/8/1861 Hendry 5/11/1923 10 Orange*P1F1F 12/29/1824 Bay 4/241913 Hernando 2/23/1843 Osceola* 5/12/1887 11 BradfordP12F12F 12/21/1858 Highlands 4/23/1921 Palm Beach* 4/30/1909 12 Brevard*P13F13F 1844 Hillsborough* 1/25/1834 Pasco 6/2/1887 Broward* 4/30/1915 Holmes 1/8/1848 Pinellas* 5/23/1911 Calhoun 1/26/1838 Indian River 5/30/1925 Polk* 2/8/1861 Charlotte* 4/23/1921 Jackson 8/12/1822 Putnam 1/13/1849 Citrus 6/2/1887 Jefferson 1/20/1827 St. Johns 7/21/1821 Clay* 12/31/1858 Lafayette 12/23/1856 13 St. LucieP14F14F 1844 Collier 5/8/1923 Lake 5/27/1887 Santa Rosa 2/18/1842 Columbia* 2/4/1832 Lee* 5/13/1887 Sarasota* 5/14/1921 De Soto 5/19/1887 Leon* 12/29/1824 Seminole* 4/25/1913 Dixie 4/25/1921 Levy 3/10/1845 Sumter 1/8/1853 Duval* 8/12/1822 Liberty 12/15/1855 Suwannee 12/21/1858 Escambia 7/21/1821 Madison 12/26/1827 Taylor 12/23/1856 Flagler 4/28/1917 Manatee 12/15/1855 Union 5/20/1921 Franklin 2/8/1832 Marion 3/14/1844 Volusia* 12/29/1854 Gadsden 6/24/1823 Martin 5/30/1925 Wakulla* 3/11/1843 Gilchrist 12/4/1925 Miami-Dade* 2/4/1836 Walton 12/29/1824 Glades 4/23/1921 Monroe 7/3/1823 Washington 12/9/1825 Gulf 6/6/1925 Nassau 12/29/1824 Hamilton 12/26/1827 Okaloosa 6/13/1915 Source: Florida House of Representatives, The Local Government Formation Manual, August 2007-2008. Tallahassee, FL: http:/www.myfloridahouse.gov; Florida State Genealogical Society: http://www.rootsweb. ancestry.com/ ~flsgs/flcoformations.htm; Florida Legislative Committee on Intergovernmental Relations: http://www.floridalcir.gov/usercontent/docs/file/data/countyformation.xls * indicates charter form of government Further development of county officials transpired in the 1885 Constitution. Article V, section 15, states the Sheriff, and a Clerk of the Circuit Court, who shall also be Clerk of the County Court, except in counties where there are Criminal Courts, and of the Board of County 14 Commissioners, and Recorder and ex-officio Auditor of the County, P15F15F be elected rather than appointed as in the 1868 Constitution. Article VIII, section 6, also stated in each county the following county officials would be elected: A Clerk of the Circuit Court, a Sheriff, Constables, a County Assessor of Taxes, a Tax Collector, a County Treasurer, a Superintendent of Public Instruction, and a 15 County Surveyor. P16F16F Changes were made to county officers again in the 1968 Constitution. Article V, section 6(7), reinforced that the elected clerk of the circuit court will be the clerk to the county board of commissioners, recorder, and ex-officio auditor. Article VIII, section 1(d), defined elected county officers as a sheriff, a tax collector, a tax assessor, a supervisor of elections, and a clerk of the circuit 16 offices of constables, treasurer, superintendent of public instruction, and surveyor were dropped from the constitution and the county office of supervisor of elections was added. Therefore, the five county officers that are currently in existence in addition to county commissioners were established in the 1968 Florida Constitution. Florida County Government Guide 3
P This One other important aspect related to county officials also appeared in the 1968 Constitution. Charter counties were recognized in the 1968 Constitution, which specified when provided by county charter or special law approved by vote of the electors of the county, any county officer may be chosen in another manner therein specified, or any county office may be abolished when all the 17 duties of the office prescribed by general law are transferred to another office. P18F18F change allowed charter counties to alter the manner of choosing and eliminating county officers as long as the duties to be performed are fulfilled by another office in the county. REFERENCES Dauer, Manning J. Introduction. In Florida s Politics and Government, Second Edition. Manning J. Dauer, Editor. University of Florida Press. 1984. Gannon, Michael V. A History of Florida to 1900. In Florida s Politics and Government, Second Edition. Manning J. Dauer, Editor. University of Florida Press. 1984. NOTES 1 Florida House of Representatives. The Local Government Formation Manual. August 2007-2008. Tallahassee, FL. Internet: http:/www.myfloridahouse.gov. 2 Florida State Constitution of 1838. http://www.law.fsu.edu/crc/conhist/1838con.html. 3 Florida Memory, State Library and Archives of Florida.) http://www.floridamemory.com/collections/ Constitution/1885_index.cfm. 4 Florida State Constitution of 1968. http://www.law.fsu.edu/crc/conhist/1968con.html. 5 Florida House of Representatives. The Local Government Formation Manual. August 2007-2008. Tallahassee, FL. Internet: http:/www.myfloridahouse.gov. 6 Ibid. 7 Florida Association of Counties. http://www.fl-counties.com/pages/about_floridas_counties/ Charter_County_Info.aspx. 8 Florida Memory, State Library and Archives of Florida. http://www.floridamemory.com/collections/ Constitution/1868_index.cfm. 9 Ibid. 10 Formed in 1824 but known as Mosquito County until 1/30/1845. 11 Formed in 1858 but known as New River until 12/6/1861. 12 Formed in 1844 as St. Lucie County and took name of Brevard County on 1/6/1855. 13 Name was first used in 1844 (see endnote 3). Common formation date 5/24/1905, but date of 5/24/1917 also identified as date of formation. 14 Florida Memory, State Library and Archives of Florida. http://www.floridamemory.com/collections/ Constitution/1885_index.cfm. 15 Ibid. 16 Florida State Constitution of 1968. http://www.law.fsu.edu/crc/conhist/1968con.html. 17 Ibid. Florida County Government Guide 4
P Charter P Historically 2. County Government Structure in Florida Aubrey Jewett A county government s structure refers to the political institutions and processes created by the state to legally operate a county, the formal role and authority of the various county officials who must abide by those processes and operate within those institutions, and the methods used to select those officials. The structure of county government sets the level of independence a county has from the state in making and implementing policy. The structure delineates who is responsible for making policy in a county (the legislative function) and who is responsible for overseeing the implementation of policy (the executive function). The structure also affects how well county residents are represented by their elected county officials, whether or not they are allowed to exercise local direct democracy (voting on initiatives, referenda and recall), the types of services provided by their county, and how efficiently those county services are delivered. In Florida there are three basic structures affecting county government: charter status; form of government; and districting plan. The first question is whether a county has decided to adopt a charter or not. Florida s 20 charter counties have more freedom in making decisions than the 47 non-charter 1 counties.p19f19f status also affects the form of county government that can be chosen, the districting plan that can be chosen, and how the form and plan can be changed. The second structure is the actual form of government used to organize a county. Florida has three options for form of government: the traditional county commission used in some variation by ten counties; the commission-administrator (or manager) used by 54 counties; and the commission-executive used by three counties. Two of the executive counties, Duval and Miami-Dade, have additional unique county structures: consolidated city-county government and federated government respectively. The third structure is the districting plan used to select county commissioners including the number of commission seats. In Florida, counties use three basic schemes for elections: single member districts in operation in 23 counties; at-large district residency systems employed by 38 counties; and mixed systems found in the other six counties. After a brief review of the evolution of county government structure in the United States and in Florida, this chapter examines each of these three basic county government structures in Florida. THE EVOLUTION OF COUNTY GOVERNMENT STRUCTURE All states but Connecticut and Rhode Island have operational county governments, although 2 Alaska calls their county-type government boroughs and Louisiana calls them parishes.p20f20f rural county government was the most important type of local government in the southern, Midwestern and western United States (New England relied more heavily on town government). By the early to mid- 1800s counties acted as the primary administrative arm of state government in these areas. Florida County Government Guide 5
P And P Article P P Florida P Finally P TRADITIONAL STRUCTURE OF COUNTY GOVERNMENT Most counties had a similar government structure the traditional county commission form of government. Under this form, county residents elected a number of officials to oversee administration of specified state responsibilities (often called row officers around the country because the office labels usually occurred in a row on the ballot). County residents might elect a sheriff and judge to maintain public order (and a county coroner for when public order failed), a county clerk to keep public records, and a tax assessor and tax collector to bring in revenue. County residents also elected a board of county commissioners (known by various names in different states) who would, in the limited fashion allowed by the state, both make and implement some additional policies for the county (one of the only types of government in the U.S. that violates the doctrine of separation of powers for the legislative and executive branch). The legal doctrine known as Dillon s Rule meant that states could (and usually did) treat their local governments, including counties, as creatures of the state, heavily regulating their government 3 structures and rarely allowing them to take independent action.p21f21f The historical relationship between Florida and its counties (and cities) unfolded in much the 4 same way.p2f2f so by 1949-1950 in Florida the structure of local government was virtually identical across its 67 counties. Under the traditional commission form of government, the residents of each county elected a county commission (that would select a chairman from its members), county judge, county court clerk, sheriff, tax assessor, tax collector, and registration supervisor.p23f23f counties were tightly controlled by the state legislature under the philosophy of Dillon s Rule. Under this rule, local governments were prevented from doing anything not specifically authorized by state laws. Counties who wanted even small changes in their structure or responsibilities had to petition the legislature to pass a special act a statute drafted specifically naming a city or county and not applicable to the entire state like a general act. Consequently hundreds of special acts were passed by the Florida legislature each year in a very cumbersome and inefficient process of micromanagement. The flaws in this unwieldy system became more exposed as growth in Florida accelerated by two to three million people a decade in the 1950s and 1960s. Florida s counties could not take innovative action on the myriad problems caused by 6 massive sustained growth unless specifically authorized to do so by the legislature. P24F24F REFORMING THE STRUCTURE OF COUNTY GOVERNMENT th However, as states across the country became more urban in the 20P P century, progressive reformers called for change and counties were slowly granted more power and independent responsibility for local governance. Fast growing urban counties began to provide a larger number of services in addition to their traditional responsibilities. Counties began to experience variations of home rule and some counties even began getting charters from their state granting expressed powers of self-government. As expectations for counties grew, many states and communities began to look at changing county 7 government structure to try and provide more professional, efficient and effective service to citizens. P25F25F Thus the traditional county commission form of government began to give way to the commissionmanager form or even the commission-executive form. All these trends were evident in Florida by the 1950s as state and local officials and academics began to question the effectiveness of the traditional commission form of county government in fastgrowing counties and began to advocate and allow structures with more independence from the state and 8 with more professional administration or stronger political leadership.p26f26f in the late 1960s and early 1970s Florida made specific constitutional and legal changes to reform county government structure. The 9 state adopted a new Constitution in 1968.P27F27F VIII Section 1c of the new Florida Constitution gave counties the option of adopting a charter to establish their government. And under Section 1g charter counties gained significant powers of home rule that allow them to do anything not specifically prohibited by state law. Article VIII also set up a system of government for non-charter counties establishing county officers and commissioners and even providing for a more limited version of home rule for these counties as spelled out by state law. Following up on these constitutional changes and to clarify and overcome Florida County Government Guide 6 5
P First resistance to home rule, state lawmakers passed legislation in 1971 (the County Home Rule Act), 1973 (Municipal Home Rule Powers Act), and 1974 (the County Administration Law and Optional County Charter Law) setting up a code of county powers that expanded home rule for non-charter counties and 10 repealed a number of laws that narrowed county power.p28f28f While these changes did provide counties with more home rule flexibility, the legislature 11 continues to restrain counties in two major ways.p29f29f the Florida legislature retains strict control over the revenue sources a county can adopt and caps the level of taxes a county can charge. And second, lawmakers continue to pass unfunded mandates that require counties to take on additional administrative and policy responsibilities without providing money to pay for them. While not providing absolute home rule, the new constitutional provisions and state statutes in Florida have given counties more independence than they once had (although with charter counties still having somewhat more discretion than non-charter counties) and have given counties more choices for structure and form of government. CHARTER AND NON-CHARTER COUNTIES One of the most important structural variations for Florida county government is whether or not a county has adopted a charter. Counties that adopt a charter are called charter counties and the ones that have not are called non-charter counties. While reforms to county government in Florida have given all counties more independence, charter counties do differ in significant ways from non-charter counties. As of 2010, 20 counties in the Sunshine State have adopted a charter allowing significant home rule (see Table 2.1). The other 47 counties have not adopted a charter, but could do so following the procedures outlined in the Constitution and state statute. Table 2.1. Florida s Charter Counties and the Dates Chartered. Alachua 1987 Miami-Dade 1957 Brevard 1994 Orange 1986 Broward 1975 Osceola 1992 Charlotte 1986 Palm Beach 1985 Clay 1991 Pinellas 1980 Columbia 2002 Polk 1998 Duval 1967 Sarasota 1971 Hillsborough 1983 Seminole 1989 Lee 1996 Volusia 1971 Leon 2002 Wakulla 2008 Source: Florida Association of Counties. COUNTY CHARTERS A county charter is a state grant of authority that sets forth governmental boundaries, powers and functions, structure and organization, methods of finance, and means of electing or appointing local officials. In other words, a charter may be thought of as a type of local government constitution. Figure 3.1 displays the contents of the Orange County Charter, which lays out the general powers of Orange County government, creates the legislative branch (the county commission) and executive branch (an elected mayor and appointed administrator), sets up administrative divisions, a commission and board for planning and zoning and zoning adjustment, grants direct democracy to county residents, and establishes a number of general provisions including the process for amending the charter, the establishment of Florida County Government Guide 7
Figure 2.1. Orange County Charter. PAGE PREAMBLE 1 ARTICLE I POWERS OF GOVERNMENT 1 101. Body corporate and politic. 1 102. Name and boundaries. 1 103. General powers of the county. 1 104. Special powers of the county. 2 105. Transfer of powers. 2 106. Security of the citizens. 2 107. Casino gambling. 3 108. Division of powers. 4 109. Construction. 4 110. Severability. 4 ARTICLE II LEGISLATIVE BRANCH: BOARD OF COUNTY COMMISSIONERS 5 201. Board of County Commissioners. 5 202. Commission districts. 5 203. Structure of board. 5 204. Terms of county commissioners. 5 205. Compensation. 6 206. Vacancies; incapacity or absence due to military service. 6 207. Power and duties. 7 208. Organization. 7 209. Meetings. 7 210. Enactment of ordinances and resolutions. 8 211. Code of ordinances. 8 212. Noninterference. 8 213. Temporary Succession Plan. 8 ARTICLE III EXECUTIVE BRANCH 10 301. County administration. 10 302. County mayor. 10 303. County administrator. 12 ARTICLE IV ADMINISTRATIVE DIVISIONS, OFFICERS AND AGENCIES 13 401. General provisions. 13 402. Initial divisions and administrative regulations. 13 ARTICLE V PLANNING AND ZONING COMMISSION AND BOARD OF ZONING ADJUSTMENT 14 501. Creation of Orange County Planning and Zoning Commission. 14 502. Creation of board of zoning adjustment. 14 503. Review of planning and zoning commission s and board of zoning adjustment s decisions. 15 505. Voluntary annexation. 15 ARTICLE VI INITIATIVE, REFERENDUM AND RECALL 17 601. Initiative and referendum. 17 602. Procedure for initiative and referendum. 17 603. Limitation. 18 604. Power of recall. 18 605. Nonpartisan elections. 18 ARTICLE VII GENERAL PROVISIONS 20 701. Charter amendment by board. 20 702. Charter review commission. 20 703. County officers. 21 704. Conflict of county ordinances with municipal ordinances; 21 705. Bonds. 23 706. Legal actions involving county. 23 707. Code of ethics. 23 708. Existing contracts. 23 709. Uniform budget procedure. 24 710. Effect on special acts. 24 711. Home Rule Charter transition. 24 712. Audits of county officers. 24 ARTICLE VIII CITIZEN REVIEW BOARD 25 801. Citizen review board. 25 ARTICLE IX ORANGE COUNTY / CITY OF ORLANDO CONSOLIDATION OF SERVICES STUDY COMMISSION 26 901. Orange County / City of Orlando Consolidation of Services Study Commission. 26 Source: Orange County Supervisor of Elections as edited by the author. Florida County Government Guide 8
county officers (the traditional five found in most Florida counties), and the resolution of conflict between county ordinances and municipal ordinances in the thirteen cities and towns within the border of Orange County. ADOPTING AND REVISING A CHARTER Two counties, Miami Dade and Duval, have charters that were originally established by a special act of the legislature followed by a referendum. These charters were grandfathered into the 1968 Constitution and have since been significantly revised. Since that time Article VIII, Section 1(c), of the Florida Constitution states that county government may be established by charter but that the charter can only be adopted, revised or repealed by a vote of county residents in a special election. Chapter 125 of the Florida Statutes spells out the detailed procedures. In brief the county commission must set up a charter commission by resolution or upon receiving a petition from 15% of the county voters. Charter commission members are selected by the county commissioners (or, if a petition specifies, by the legislative delegation). The charter commission must then conduct a comprehensive study of county government and within 18 months of first meeting report back to the county commissioners and present a proposed charter. Three public hearings must be held so that the charter can be revised based on citizens input. The county commission must then set up a special election between 45 and 90 days from date of final proposal and the charter is adopted if a majority of county voters approve. Once adopted the revision process is governed by the charter. Frequently amendments can be proposed by petition of the county residents, or the board of commissioners or a charter review committee that might be assigned to meet periodically under the terms of the charter. Regardless of how an amendment is proposed, all changes must be approved by the voters in a referendum election. The most common types of proposed changes have to do with duties of local officials, charter review ratification, 12 charter language (usually getting rid of out-of-date language), and financial matters.p30f30f CHARTER AND NON-CHARTER COUNTIES The general underlying difference between charter and non-charter counties is the extent of home rule and freedom from state control. The Florida Constitution states that charter counties shall have all powers of local self-government not inconsistent with general law... and that non-charter counties shall have the power of self-government as is provided by general or special law. This is a subtle difference but in essence means that charters counties can do what they wish as long as it does not conflict with state law while non-charter counties can only do what state statute allows them to do. A number of important differences between charter and non-charter counties are displayed in Table 2.2. In addition to more general powers of self-government, charter counties have a structure of government specified in the charter and approved by county residents tailored to meet county needs whereas non-charter counties must use a structure specified in state law and those options could only be changed by the Florida Constitution or legislature. Charter counties can provide direct democracy for their residents while non-charter counties do not. County charters can require an administrative code detailing regulations, policies and procedures while state statutes do not require an administrative code for non-charter counties. Non-charter counties cannot levy a utility tax in the unincorporated areas while a county charter can provide for a municipal utility tax to be levied in the unincorporated area. And county ordinances do not apply within municipalities in non-charter counties while a charter can decide which ordinance would prevail in the case of conflict. Florida County Government Guide 9
P If Table 2.2. Basic Differences between Charter and Non-Charter Counties. NON-CHARTER CHARTER Structure of county government specified in State Constitution and Florida Statutes. Only amending the State Constitution or state law can change structure. Counties have powers of self-government as prescribed by the state legislature. State statutes do not provide for initiative or referendum, or recall of county officers. State statutes do not require an Administrative Code. County cannot levy a utility tax in the unincorporated area. County ordinance will not apply in a municipality if in conflict with a municipal ordinance. Structure of county government specified in charter as approved by the electorate. Structure can be tailored by the local electorate to meet the needs of the county. Counties have all powers of self-government unless they are inconsistent with the Constitution or state law. County charter may provide for initiative, referendum and recall at the county level. County charter can require an Administrative Code detailing all regulations, policies and procedures. County charter can provide that a municipal utility tax is levied in the unincorporated area. When there is a conflict between a county ordinance and a municipal ordinance the charter will provide for the resolution. Source: Florida Association of Counties as supplemented by the author. THREE FORMS OF COUNTY GOVERNMENT There are three basic forms of county government in use in Florida. The traditional commission form, the commission-administrator or manager form, and the commission or council-executive form. These forms are also typically found in most counties across the country. The primary difference between these three forms is who is responsible for implementing policy. In the commission form, policy implementation is handled by the board of commissioners. However in the commission-administrator or manager form an administrator or manager appointed by the commission oversees implementation of policy. And in the commission-executive form an elected executive (typically a mayor) oversees policy implementation. In all three forms a board of county commissioners meets and makes policy for the county. In addition, regardless of government form, almost all counties have five other county officers that are popularly elected by county voters. These row officers are called constitutional officers in Florida since their existence at the county level is mandated in Article VIII, Section 1(d), of the state constitution. These constitutional officers perform a variety of administrative duties and policy functions for the state and county. OPTIONS FOR CHARTER AND NON-CHARTER COUNTIES Charter and non-charter counties have different options for structure of government. When a county drafts and adopts a charter it can pick the manager form or the executive form as a model and modify substantially based on local needs (and in fact state statute actually gives a third choice to charter 13 counties: the county chair-administrator plan which is not currently in use in the state).p31f31f a charter county wants to change its form of government then it must revise its charter. Non-charter counties may simply stay with their existing commission form of government (with some slight modifications allowed) Florida County Government Guide 10
P If 14 or choose the commission-administrator form.p32f32f a non-charter county wants to change its form of government it has two options. It may simply choose the county administrator form of government by Table 2.3. Three Forms of County Government in Florida with Date of Adoption of New Form. (Charter Counties in Italics) Commission Administrator or Manager Executive (Terms used interchangeably in Florida) Administrator Manager (Mayor) County Date County Date County Date County Date Calhoun N/A Baker 1990 Alachua 1987 Duval 1968 Franklin N/A Broward 1975 Bay 1987 Miami-Dade 2007 Hamilton* N/A Charlotte 1986 Bradford 1993 Orange 1986 Jefferson* N/A Citrus 1999 Brevard 1994 Lafayette N/A DeSoto 1987 Clay 1991 Levy* N/A Escambia 1985 Collier 1993 Liberty N/A Flagler 1995 Columbia 2002 Madison* N/A Gadsen 1989 Dixie? Suwannee N/A Gilchrist 2004 Glades 1995 Union N/A Gulf 1993 Hardee 2001 Hendry 1978 Lake 1990 Hernando 1983 Lee 1996 Highlands 1991 Nassau 1986 Hillsborough 1983 Osceola 1992 Holmes 2006 Polk 1998 Indian River 1990 Seminole 1989 Jackson 1984 Volusia 1971 Leon 2002 Manatee 1991 Marion 1983 Martin 1981 Monroe 1977 Okaloosa 1993 Okeechobee 1992 Palm Beach 1985 Pasco 1974 Pinellas 1980 Putnam 1990 Santa Rosa 1989 Sarasota 1971 St. Johns 1990 St. Lucie 1959 Sumter 1983 Taylor 2003 Wakulla 2008 Walton 1984 Washington 1991 Source: Data collected by the author. Note: Date of adoption for non-charter counties is the year the commission adopted the county administrator law into the county code (dates for Baker and Glades are estimates). For charter counties it is the year of charter adoption (or for Miami-Dade the year of charter revision of form of government). *These four counties employ a county coordinator who performs some of the duties of an administrator for the commission but have not adopted the county administrator form of government into county code. Florida County Government Guide 11