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Who wants to work on Chartering this county?
- Thread starter wrobert
- Start date
NotDeadYet
Beach Fanatic
Who exactly is the legislative delegation?
wrobert
Beach Fanatic
Andy A
Beach Fanatic
You forgot Don Gaetz.
wrobert
Beach Fanatic
Yes I did. He is the Senator for south Walton. So those four would pick the commission if the petition is approved. That would be a good cross section and would also show people that it is serious since the citizens could not claim that the commissioners are stacking the deck against the charter.
Chief Deputy TC
Beach Comber
Reasons???
Robert,
There are many "often cited" reasons for wanting to have a Charter, can you give me your main reason, or all if there are several?
Below are some things that can be done only through a charter,
but that do NOT address per se the essence, structure,
operations and functions of county government itself.
?If people or voters want to vote to remove members of a county commission, then you need a charter. Section 100.361, Florida Statutes.
This matter, which some people call a ?citizen recall? procedure, requires a charter, Section 100.36((1), Florida Statutes. This proposal does not, however, relate generically to or address how county government operates and how its functions ought to be improved or reorganized.
Caveat: There is a matter not yet addressed by the courts under which a special act of the Legislature for recall to apply only to a non-charter county could be approved but this matter has not yet been litigated. Under the Florida Constitution, no special act for a non-charter county can apply to election, jurisdiction or duties of the county commissioners so that the question would be whether ?recall? fits under these subjects.
?If voters want citizen initiatives to vote on proposed ordinances, Section 125.66, Florida Statutes, then you need a charter. Section 125.66, Florida Statutes. This proposal does not, however, relate generically to or address how county government operates and how its functions ought to be improved or reorganized.
Caveat: County citizens could ask their legislative delegation to adopt a special act for their particular county addressing an issue that otherwise would be addressed by a citizen ordinance initiative. However, this process would take longer and would require legislative approval.
?If voters want non-partisan elections for members of the Board of County Commissioners, then you need a charter.
Attorney General Opinion 200-02, Jan. 13, 2000, confirms this position. A non-charter county cannot seek a legislative special act concerning non-partisan election of its commissioners. This proposal does not, however, relate generically to or address how county government operates and how its functions ought to be improved or reorganized.
?If voters want term limits for County Commissioners, then you need a charter. This proposal does not, however, relate generically to or address how county government operates and how its functions ought to be improved or reorganized. Unless there is a change in the Constitution and general law, there can be no term limits for your County commissioners other than through a charter. Caveat: If voters want term limits of the state Constitution?s five county officers in your County (Sheriff, Tax Collector, Property Appraiser, Clerk and Supervisor of Elections), then a charter will NOT suffice. Unless the Constitution of Florida is amended no charter or non-charter county may limit the terms of the state Constitution?s five county officers.
?If voters want to change the length of terms for County Commissioners, then you need a charter.
This proposal does not, however, relate generically to or address how county government operates and how its functions ought to be improved or reorganized. Only a charter may change the required four year terms to other terms for the members of the board of county commissioners.
?If voters want to change the districts represented by each county commissioner, including at-large districts, then you need a charter.
This proposal does not, however, relate generically to or address how county government operates and how its functions ought to be improved or reorganized. A county charter may provide for different numbers of county commissioners and their respective district including at-large districts.
?If voters want county ordinances to prevail in the event of a conflict with and over municipal ordinances on the same subject, then you need a charter.
This proposal does not, however, relate generically to or address how county government operates and how its functions ought to be improved or reorganized. Only charter counties may provide in the charter for county ordinances to prevail over municipal ordinances. In a non-charter home rule county, the county ordinances do not prevail unless the municipalities agree by resolution to accept and honor the county ordinance.
?If voters want exclusive power in the county over Community Redevelopment Authorities, CRA?s with tax increment financing, then you need a charter. Section 163.410, Florida Statutes.
This proposal does not, however, relate generically to or address how county government operates and how its functions ought to be improved or reorganized. Only in a charter form of county home rule may the County Commission exercise exclusively CRA powers and the municipalities within the charter county would not have any such powers unless the charter county by resolution delegates exercise of some of the county?s CRA powers to the municipality within the boundary of that municipality. A non-charter county only has CRA power within the unincorporated area of the county and not within any municipality; also a non-charter county has no power to prevent a municipality from exercising CRA powers including tax increment financing within the boundary of that municipality. Essentially, a charter county eliminates any power on the part of any city to have a CRA within the boundaries of the city absent delegation of that power from the county.
?If voters want county authority to levy a municipal public service tax outside of a city in the county, then you need a charter. Section 166.231, Florida Statutes.
This proposal does not, however, relate generically to or address how county government operates and how its functions ought to be improved or reorganized. A public service tax is a local option tax that municipalities may impose and levy on utilities and that only a charter county may impose and levy outside of the boundary of a municipality. The tax is up to 10 percent on purchases of electricity, metered natural gas, liquefied petroleum gas (metered or bottled), manufactures gas (metered or bottled) and water services. A county may not levy these taxes outside the boundary of any municipality unless it is a charter county, in which case the charter county may levy that tax on the same services and at the same rate as a municipality does.
?If voters want your county to levy a communication service tax at a higher rate, then you need a charter. Section 202.19, Florida Statutes.
This proposal does not, however, relate generically to or address how county government operates and how its functions ought to be improved or reorganized. A communications service tax is a broad-based tax on communication services. It applied under Chapter 202, Florida Statutes. Municipalities may levy it within their boundaries and a non-charter county may levy it in the unincorporated area. A charter county may levy a discretionary communication service tax at a rate of up to 5.1 percent if the charter county has chosen not to levy permit fees or at rate of up to 4.98percent if the charter county does choose to levy permit fees. By contrast, a non-charter county today may levy the discretionary communication services tax at a rate of up to 1.6 percent.
?If voters want to abolish the state constitution?s five County Officers (Sheriff, Tax Collector, Clerk, Property Appraiser and Supervisor of Elections) and then to transfer their duties to charter officers (either elected or appointed) in order to put them under the control of the Board of County Commissioners, then you need a charter and that charter must so provide in writing.
This proposal does not, however, relate generically to or address how county government operates and how its functions ought to be improved or reorganized. Only a charter county may contain a provision in the charter if voted on by majority vote in a referendum to abolish any one or more of these five offices and to transfer their duties to elected or appointed charter officials. Today, a non-charter county cannot do so. To eliminate these officers from their constitutional status and to take away their sovereignty and to put them under the charter, whether they are elected or appointed, is to put them under the political, administrative and financial control of the Board of County Commissioners and its staff. They would no longer be Constitution Officers. These officers perform substantially state work locally (state law enforcement; state court system; appraisal of the value of property by state law; revenue collection and management by state law; and elections by state law). These matters are not local needs but rather state work handled locally. The consequence would be that the board of county commissioners would control your critical state work. Moreover, because a charter form of home rule is limited to local self-government, then why would a county commission, already burdened with serious local problems, want to assume the costs, burdens and challenges of such crucial state work as required of a Tax Collector? Your state work cannot be controlled by the county commission if your office remains in the Constitution (even in a charter county; but, once there is a charter, it can be amended to abolish your office and transfer its duties).
?If voters want special acts not applicable in a county unless approved by referendum, then you need a charter.
This proposal does not, however, relate generically to or address how county government operates and how its functions ought to be improved or reorganized. Special acts of the Legislature applying to a charter county would not actually apply there unless they are also approved by referendum by the qualified electors of the charter county. Special acts apply without referendum if a county remains non-charter. Special acts of the Legislature must be requested and approved by the local delegation, however, before they are ever even presented to the Legislature and would require the support of the community.
Why invest political capital, money, angst and the risk of unneeded and unresponsive charter-induced feudalistic bureaucracy just to get one or more of these twelve things?
I have done quite a bit of research on this topic of Home Rule and Charter and find little merit in Charter Government, but as in the past, I could be wrong.
Robert,
There are many "often cited" reasons for wanting to have a Charter, can you give me your main reason, or all if there are several?
Below are some things that can be done only through a charter,
but that do NOT address per se the essence, structure,
operations and functions of county government itself.
?If people or voters want to vote to remove members of a county commission, then you need a charter. Section 100.361, Florida Statutes.
This matter, which some people call a ?citizen recall? procedure, requires a charter, Section 100.36((1), Florida Statutes. This proposal does not, however, relate generically to or address how county government operates and how its functions ought to be improved or reorganized.
Caveat: There is a matter not yet addressed by the courts under which a special act of the Legislature for recall to apply only to a non-charter county could be approved but this matter has not yet been litigated. Under the Florida Constitution, no special act for a non-charter county can apply to election, jurisdiction or duties of the county commissioners so that the question would be whether ?recall? fits under these subjects.
?If voters want citizen initiatives to vote on proposed ordinances, Section 125.66, Florida Statutes, then you need a charter. Section 125.66, Florida Statutes. This proposal does not, however, relate generically to or address how county government operates and how its functions ought to be improved or reorganized.
Caveat: County citizens could ask their legislative delegation to adopt a special act for their particular county addressing an issue that otherwise would be addressed by a citizen ordinance initiative. However, this process would take longer and would require legislative approval.
?If voters want non-partisan elections for members of the Board of County Commissioners, then you need a charter.
Attorney General Opinion 200-02, Jan. 13, 2000, confirms this position. A non-charter county cannot seek a legislative special act concerning non-partisan election of its commissioners. This proposal does not, however, relate generically to or address how county government operates and how its functions ought to be improved or reorganized.
?If voters want term limits for County Commissioners, then you need a charter. This proposal does not, however, relate generically to or address how county government operates and how its functions ought to be improved or reorganized. Unless there is a change in the Constitution and general law, there can be no term limits for your County commissioners other than through a charter. Caveat: If voters want term limits of the state Constitution?s five county officers in your County (Sheriff, Tax Collector, Property Appraiser, Clerk and Supervisor of Elections), then a charter will NOT suffice. Unless the Constitution of Florida is amended no charter or non-charter county may limit the terms of the state Constitution?s five county officers.
?If voters want to change the length of terms for County Commissioners, then you need a charter.
This proposal does not, however, relate generically to or address how county government operates and how its functions ought to be improved or reorganized. Only a charter may change the required four year terms to other terms for the members of the board of county commissioners.
?If voters want to change the districts represented by each county commissioner, including at-large districts, then you need a charter.
This proposal does not, however, relate generically to or address how county government operates and how its functions ought to be improved or reorganized. A county charter may provide for different numbers of county commissioners and their respective district including at-large districts.
?If voters want county ordinances to prevail in the event of a conflict with and over municipal ordinances on the same subject, then you need a charter.
This proposal does not, however, relate generically to or address how county government operates and how its functions ought to be improved or reorganized. Only charter counties may provide in the charter for county ordinances to prevail over municipal ordinances. In a non-charter home rule county, the county ordinances do not prevail unless the municipalities agree by resolution to accept and honor the county ordinance.
?If voters want exclusive power in the county over Community Redevelopment Authorities, CRA?s with tax increment financing, then you need a charter. Section 163.410, Florida Statutes.
This proposal does not, however, relate generically to or address how county government operates and how its functions ought to be improved or reorganized. Only in a charter form of county home rule may the County Commission exercise exclusively CRA powers and the municipalities within the charter county would not have any such powers unless the charter county by resolution delegates exercise of some of the county?s CRA powers to the municipality within the boundary of that municipality. A non-charter county only has CRA power within the unincorporated area of the county and not within any municipality; also a non-charter county has no power to prevent a municipality from exercising CRA powers including tax increment financing within the boundary of that municipality. Essentially, a charter county eliminates any power on the part of any city to have a CRA within the boundaries of the city absent delegation of that power from the county.
?If voters want county authority to levy a municipal public service tax outside of a city in the county, then you need a charter. Section 166.231, Florida Statutes.
This proposal does not, however, relate generically to or address how county government operates and how its functions ought to be improved or reorganized. A public service tax is a local option tax that municipalities may impose and levy on utilities and that only a charter county may impose and levy outside of the boundary of a municipality. The tax is up to 10 percent on purchases of electricity, metered natural gas, liquefied petroleum gas (metered or bottled), manufactures gas (metered or bottled) and water services. A county may not levy these taxes outside the boundary of any municipality unless it is a charter county, in which case the charter county may levy that tax on the same services and at the same rate as a municipality does.
?If voters want your county to levy a communication service tax at a higher rate, then you need a charter. Section 202.19, Florida Statutes.
This proposal does not, however, relate generically to or address how county government operates and how its functions ought to be improved or reorganized. A communications service tax is a broad-based tax on communication services. It applied under Chapter 202, Florida Statutes. Municipalities may levy it within their boundaries and a non-charter county may levy it in the unincorporated area. A charter county may levy a discretionary communication service tax at a rate of up to 5.1 percent if the charter county has chosen not to levy permit fees or at rate of up to 4.98percent if the charter county does choose to levy permit fees. By contrast, a non-charter county today may levy the discretionary communication services tax at a rate of up to 1.6 percent.
?If voters want to abolish the state constitution?s five County Officers (Sheriff, Tax Collector, Clerk, Property Appraiser and Supervisor of Elections) and then to transfer their duties to charter officers (either elected or appointed) in order to put them under the control of the Board of County Commissioners, then you need a charter and that charter must so provide in writing.
This proposal does not, however, relate generically to or address how county government operates and how its functions ought to be improved or reorganized. Only a charter county may contain a provision in the charter if voted on by majority vote in a referendum to abolish any one or more of these five offices and to transfer their duties to elected or appointed charter officials. Today, a non-charter county cannot do so. To eliminate these officers from their constitutional status and to take away their sovereignty and to put them under the charter, whether they are elected or appointed, is to put them under the political, administrative and financial control of the Board of County Commissioners and its staff. They would no longer be Constitution Officers. These officers perform substantially state work locally (state law enforcement; state court system; appraisal of the value of property by state law; revenue collection and management by state law; and elections by state law). These matters are not local needs but rather state work handled locally. The consequence would be that the board of county commissioners would control your critical state work. Moreover, because a charter form of home rule is limited to local self-government, then why would a county commission, already burdened with serious local problems, want to assume the costs, burdens and challenges of such crucial state work as required of a Tax Collector? Your state work cannot be controlled by the county commission if your office remains in the Constitution (even in a charter county; but, once there is a charter, it can be amended to abolish your office and transfer its duties).
?If voters want special acts not applicable in a county unless approved by referendum, then you need a charter.
This proposal does not, however, relate generically to or address how county government operates and how its functions ought to be improved or reorganized. Special acts of the Legislature applying to a charter county would not actually apply there unless they are also approved by referendum by the qualified electors of the charter county. Special acts apply without referendum if a county remains non-charter. Special acts of the Legislature must be requested and approved by the local delegation, however, before they are ever even presented to the Legislature and would require the support of the community.
Why invest political capital, money, angst and the risk of unneeded and unresponsive charter-induced feudalistic bureaucracy just to get one or more of these twelve things?
I have done quite a bit of research on this topic of Home Rule and Charter and find little merit in Charter Government, but as in the past, I could be wrong.
Jdarg
SoWal Expert
?If voters want non-partisan elections for members of the Board of County Commissioners, then you need a charter.
Attorney General Opinion 200-02, Jan. 13, 2000, confirms this position. A non-charter county cannot seek a legislative special act concerning non-partisan election of its commissioners. This proposal does not, however, relate generically to or address how county government operates and how its functions ought to be improved or reorganized.
The best reason for a charter, IMO.
Attorney General Opinion 200-02, Jan. 13, 2000, confirms this position. A non-charter county cannot seek a legislative special act concerning non-partisan election of its commissioners. This proposal does not, however, relate generically to or address how county government operates and how its functions ought to be improved or reorganized.
The best reason for a charter, IMO.
ShallowsNole
Beach Fanatic
I primarily want nonpartisan local elections, period.
TreeFrog
Beach Fanatic
We had non-partisan elections in my former hometown of Memphis. A good thing, in my opinion.
Sticking with the Memphis theme, don't overlook the importance of term limits. Memphis has now had the same mayor since 1991. He has grown increasingly "imperial" with each new election.
Having said that, I have to confess that I don't know whether the BCC, Sheriff, etc. have term limits, and if they do, what they are.
Sticking with the Memphis theme, don't overlook the importance of term limits. Memphis has now had the same mayor since 1991. He has grown increasingly "imperial" with each new election.
Having said that, I have to confess that I don't know whether the BCC, Sheriff, etc. have term limits, and if they do, what they are.
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