1.
Prior to 1968 all county governments were extensions of the State government
and controlled by the legislature. The individual county elected officials had powers
vested by and were “resident agents” of the State. The old system was a
reflection of the fact that the majority of Floridians lived in small, rural
and poor municipalities or unincorporated areas when Statehood was granted in
1845. In 1968 the Florida Constitution was amended, Article VIII, Section
1(f)], to include Charter Government at the county level known as “Home Rule”.
2.
As
B. What Is A Charter?
Basically,
a charter is a “constitution” for county government, similar to those at State
and National levels. It is comparable to a city charter granted by the State
giving municipalities governing and taxing authority. It recognizes the fact
that the “one-size-fits all” approach mandated prior to 1968 did not allow for
efficient and effective customization of self-government for counties across
the wide variety of conditions that exist in modern Florida from Escambia to
Miami-Dade or from Duval to Palm Beach Counties. Attachment A lists twenty
of sixty-seven that currently have charters. It includes statistics concerning
size of the county, number of cities and whether the “constitutional” status of
elected officials was changed. Counties without charters only have the power of
self-government provided by general or special law and Article VIII Section
1(g) of the Constitution.
C. How are County Charters
Created? There are two alternatives*:
1.
By Charter Commission. Title XI of the 2008 Florida Statutes,
2.
By Ordinance. Title XI of the 2008 Florida Statutes,
3.
The Referendum. A charter proposed by either of the two methods listed above in
1 or 2 above must be approved by a majority vote of the county electors as
described in FS 125.64 of Attachment B before it can be adopted.
*Actually a third option exists where a county charter could be introduced as a special act of the legislature by the county’s legislative delegation without a referendum. But this option is unlikely and generally not politically feasible.
D. Differences Between
Non-Charter and
Attachment D lists the ways in which
the two forms of county government differ. No general statement should be made
concerning merits of one form over the other for
E. History of the Charter
Government Effort in
A
15 member Charter Commission was appointed by the Okaloosa BCC in 1994 as
result of a petition initiative, A proposed charter was drafted and submitted
to electors in November of 1996. It was not approved by referendum with approximately
19,000 voting for and 38,000 against. Lack of support from the incumbent
elected officials of
F. Areas of Interest for
1.
Sovereignty of County Elected Officials. A charter could retain their status as
Constitutional Officers with duties and responsibilities as they presently
exist. It could change their status to Charter Officers altering their duties
and responsibilities; make their offices nonpartisan; make them appointed by
the BCC instead of elected; or require their budgets be approved by the BCC. A
charter could reduce most of their foundation in State law and replace it
locally with Home Rule.
2.
Accountability. A county charter can include provisions for recall of elected
officials by petition for mismanagement or unsatisfactory performance. Citizens
could propose county laws and ordinances for accountability subject to
referendum.
3.
Visibility. A charter could require public review of budget, programs and human
resources of elected county officers by the BCC. It could make them subject to
binding BCC audit and approval. A charter would require the County to create an
Administrative Code detailing all regulations, policies and procedures.
4.
Resource Allocation. Counties should not compete with cities for limited
resources. A charter could require collaboration in areas of common interest as
currently exists in the Library Cooperative. Means to reduce duplication of
effort in other areas should be explored. These areas could be Law Enforcement,
Waste Disposal, Water & Sewer, Storm Water Runoff, Code Enforcement, Road
Construction & Maintenance, Information Technology, Parks and Recreation, etc….
5.
County vs Municipal Charters. Any charter must specify how it coordinates with
municipal charters already in existence. A city could be given the option of
participating or county charter authority could stop at the city boundary. The
County charter could be set as a minimum standard which the city could exceed
if desired.
G. References
1.
Florida Constitution and Statutes 2008 as stated in paragraphs A, B and C
above.
2.
Florida Association of Counties Web Site; http://www.fl-counties.com/aboutflco/chartercounties.shtml
3.
Okaloosa County Charter Commission Working Plan 1994.
H. Attachments:
1.
A. Charter County
Comparisons.
2.
B. Florida Statutes Chapter 125, Part II,
Sections 125.60-125.64.
3.
C. Florida Statutes Chapter 125, Part II, Section
125.80-125.88.
4.
D. Basic Differences Between Charter
and Non-Charter Counties.
