Administrative divisions of Florida

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A map of Florida showing county names and boundaries Florida counties map.png
A map of Florida showing county names and boundaries

Local governments are established by the government of Florida and are given varying amounts of non-exclusive authority over their jurisdictions. The law governing the creation of these governments is contained both within the Florida Constitution and Florida Statutes. Local governments are incorporated in Florida by special acts of the Florida Legislature. There are four types of local governments in Florida: counties, municipalities, school districts, and special districts. [1]

Contents

In some cases, the municipal and county governments have merged into a consolidated government. However, smaller municipal governments can be created inside of a consolidated municipality/county. In Jacksonville, the municipal government has taken over the responsibilities normally given to the county government, Duval County, and smaller municipalities exist within it.

Both counties and cities may have a legislative branch (commissions or councils) and executive branch (mayor or manager) and local police, but violations are brought before a county court. Counties and municipalities are authorized to pass laws (ordinances), levy taxes, and provide public services within their jurisdictions. All areas of Florida are located within a county, but only some areas have been incorporated into municipalities. All municipalities are located within a county and the county jurisdiction overlays the municipal jurisdiction. Usually, if there is a conflict between a county ordinance and a municipal ordinance, the municipal ordinance has precedence within the municipality's borders; however, the overlaying county's ordinances have precedence if the overlaying county has been designated a charter county by the Florida Legislature:) [1]

Counties and municipalities may create community development agencies which may take part of the money from taxes on increases in property values from their area of interest. They then use the money received in reinvestment (improvements) in the area. [2]

Local government is not required to pay for health care insurance for government retirees. As of 2010, none do. [3]

In 2011, researchers at Florida State University said that Florida's cities and counties have promised pensions they cannot afford. Pension obligations constituted 8% of total spending by local governments in 2009. [4]

Counties

Florida consists of 67 counties, with most of Florida's counties named for local or national political leaders. Some are named for Spanish explorers or conquistadors, marking the influence of 200 years of Spanish rule. Natural features of the region, including rivers, lakes, and flora, are also commonly used for county names. Florida has counties named for participants on both sides of Second Seminole War: Miami-Dade County is partially named for Francis L. Dade, a Major in the U.S. Army at the time; Osceola County is named for a Native American resistance leader during the war.

Each county has officers considered "state" officers, which are elected locally, their offices and salaries paid locally, but who can be removed or replaced by the governor, and not locally. These are the Sheriff, State Attorney, Public Defender, Tax Collector, County Clerk, a county Appraiser who established the value of real estate for tax purposes, and county judges.

Each sheriff operates under Florida Statute 30.15. [5]

By State Law there is one school district comprising each of the counties in Florida. [6]

To provide liquidity to counties when tax bills are not paid, Florida operates under the tax lien sale process, whereby liens are sold for the amount of back taxes, interest, and costs. In Florida, bidders bid on the rate of interest (beginning at 18%) they will accept; the bidder offering the lowest rate is awarded the tax lien certificate. Once a lien has been outstanding for approximately 22 months (technically, April 1 of the second year following the year when the tax lien was originally offered for sale), [7] the tax lien holder may petition the circuit court (via the county tax collector) to begin the process for the tax deed sale of the property.

Municipalities

Municipalities in Florida may be called towns, cities, or villages, but there is no legal distinction between the different terms. Municipalities often have police and fire departments, and provide essential services such as water, waste collection, etc. In unincorporated areas of a county, the county itself provides these services. Municipalities may also enter agreements with the county to have the county provide certain services. Each county has a sheriff who also tends to have concurrent jurisdiction with municipal police departments. [1] [8]

School districts

There is one school district for each county; the Florida Constitution allows adjoining counties to merge their districts upon voter approval. [9] The superintendent is by default an elected official; however, the Florida Constitution allows county voters to make the position an appointed one. [10]

Special districts

Among special districts are "community development districts" which have virtually all the power of a city or county (except, notably, they do not have police power). Chapter 190 of the Florida Statutes governs these districts. Notable CDD's include the Reedy Creek Improvement District (the location of Walt Disney World) and substantially all of The Villages (the giant Central Florida retirement community).

Many counties have a "Soil and Water Conservation District", a residue of Dust Bowl politics. Elected officials are unpaid. Much of their budget is spent on engineering staff. Critics are trying to dismantle these districts, as being obsolete. [11] [12]

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<span class="mw-page-title-main">Ohio county government</span> Legal and administrative structure of counties in Ohio

Ohio county government is the structure of official managerial and legal bodies of the counties of Ohio, USA. It is marked by a loose organization and a diffusion of power, the basic framework not having been changed since the nineteenth century. The Ohio Constitution allows counties to set up a charter government as many cities and villages do, but only Summit and Cuyahoga counties have done so. Counties operating under a constitutional government do not possess home rule powers and can do only what has been expressly authorized by the Ohio General Assembly. However, Article X of the Ohio Constitution gives county government benefits similar to those conferred on cities and villages under the home rule amendments of 1912.

<span class="mw-page-title-main">Local government in the United States</span> Governmental jurisdictions below the level of the state

Most U.S. states and territories have at least two tiers of local government: counties and municipalities. Louisiana uses the term parish and Alaska uses the term borough for what the U.S. Census Bureau terms county equivalents in those states. Civil townships or towns are used as subdivisions of a county in 20 states, mostly in the Northeast and Midwest.

The homestead exemption is a legal regime to protect the value of the homes of residents from property taxes, creditors, and circumstances that arise from the death of the homeowner's spouse.

<span class="mw-page-title-main">Government of Florida</span> Government of a U.S. state

The government of Florida is established and operated according to the Constitution of Florida and is composed of three branches of government: the executive branch consisting of the governor of Florida and the other elected and appointed constitutional officers; the legislative branch, the Florida Legislature, consisting of the Senate and House; and the judicial branch consisting of the Supreme Court of Florida and lower courts. The state also allows direct participation of the electorate by initiative, referendum, and ratification.

The homestead exemption in Florida may refer to three different types of homestead exemptions under Florida law:

  1. exemption from forced sale before and at death per Art. X, Section 4(a)-(b) of the Florida Constitution;
  2. restrictions on devise and alienation, Art. X, Section 4(c) of the Florida Constitution;
  3. and exemption from taxation per Art. VII, Section 6 of the Florida Constitution.

Massachusetts shares with the five other New England states a governmental structure known as the New England town. Only the southeastern third of the state has functioning county governments; in western, central, and northeastern Massachusetts, traditional county-level government was eliminated in the late 1990s. Generally speaking, there are four kinds of public school districts in Massachusetts: local schools, regional schools, vocational/technical schools, and charter schools.

<span class="mw-page-title-main">Local ordinance</span> Ordinance applying to a municipality or other locality

A local ordinance is a law issued by a local government such as a municipality, county, parish, prefecture, or the like.

Connecticut shares with the five other New England states a governmental structure known as the New England town. From 1666 to 1960, Connecticut had a system of county governments, which each had limited powers given to it by the General Assembly. They were abolished by Public Act 152 in 1960. Connecticut also had a system of sheriffs' offices until October 2000, when those were also abolished.

<span class="mw-page-title-main">Government of Miami-Dade County</span> System of government of US county

The government of Miami-Dade County is defined and authorized under the Constitution of Florida, Florida law, and the Home Rule Charter of Miami-Dade County.

<span class="mw-page-title-main">Tax sale</span>

A tax sale is the forced sale of property by a governmental entity for unpaid taxes by the property's owner.

<span class="mw-page-title-main">Village (United States)</span> Administrative division at the local government level in the United States

In the United States, the meaning of village varies by geographic area and legal jurisdiction. In many areas, "village" is a term, sometimes informal, for a type of administrative division at the local government level. Since the Tenth Amendment to the United States Constitution prohibits the federal government from legislating on local government, the states are free to have political subdivisions called "villages" or not to and to define the word in many ways. Typically, a village is a type of municipality, although it can also be a special district or an unincorporated area. It may or may not be recognized for governmental purposes.

<span class="mw-page-title-main">Sheriffs in the United States</span> Chief of county law enforcement

In the United States, a sheriff is the chief of law enforcement of a county. Sheriffs are usually either elected by the populace or appointed by an elected body.

Local government in Pennsylvania is government below the state level in Pennsylvania. There are six types of local governments listed in the Pennsylvania Constitution: county, township, borough, town, city, and school district. All of Pennsylvania is included in one of the state's 67 counties, which are in total subdivided into 2,560 municipalities. There are currently no independent cities or unincorporated territories within Pennsylvania. There is only one incorporated town in Pennsylvania, Bloomsburg.

<span class="mw-page-title-main">Property tax in the United States</span>

Most local governments in the United States impose a property tax, also known as a millage rate, as a principal source of revenue. This tax may be imposed on real estate or personal property. The tax is nearly always computed as the fair market value of the property, multiplied by an assessment ratio, multiplied by a tax rate, and is generally an obligation of the owner of the property. Values are determined by local officials, and may be disputed by property owners. For the taxing authority, one advantage of the property tax over the sales tax or income tax is that the revenue always equals the tax levy, unlike the other types of taxes. The property tax typically produces the required revenue for municipalities' tax levies. One disadvantage to the taxpayer is that the tax liability is fixed, while the taxpayer's income is not.

<span class="mw-page-title-main">Local government in California</span>

California has an extensive system of local government that manages public functions throughout the state. Like most states, California is divided into counties, of which there are 58 covering the entire state. Most urbanized areas are incorporated as cities, though not all of California is within the boundaries of a city. School districts, which are independent of cities and counties, handle public education. Many other functions, especially in unincorporated areas, are handled by special districts, which include municipal utility districts, transit districts, health care districts, vector control districts, and geologic hazard abatement districts.

<span class="mw-page-title-main">Government of San Joaquin County, California</span>

The Government of San Joaquin County is defined and authorized under the California Constitution and law as a general law county. Much of the Government of California is in practice the responsibility of county governments, such as the Government of San Joaquin County. The County government provides countywide services such as elections and voter registration, law enforcement, jails, vital records, property records, tax collection, public health, and social services. In addition the County serves as the local government for all unincorporated areas.

The Government of Solano County is defined and authorized under the California Constitution and law as a general law county. Much of the Government of California is in practice the responsibility of county governments, such as the Government of Solano County. The County government provides countywide services such as elections and voter registration, law enforcement, jails, vital records, property records, tax collection, public health, and social services. In addition the County serves as the local government for all unincorporated areas.

The Government of Fresno County is defined and authorized under the California Constitution, law, and the Charter of the County of Fresno. Much of the Government of California is in practice the responsibility of county governments, such as the Government of Fresno County. The County government provides countywide services such as elections and voter registration, law enforcement, jails, vital records, property records, tax collection, public health, and social services. In addition the County serves as the local government for all unincorporated areas.

<span class="mw-page-title-main">Government of Stanislaus County, California</span>

The Government of Stanislaus County is defined and authorized under the California Constitution and law as a general law county. Much of the Government of California is in practice the responsibility of county governments, such as the Government of Stanislaus County. The County government provides countywide services such as elections and voter registration, law enforcement, jails, vital records, property records, tax collection, public health, and social services. In addition the County serves as the local government for all unincorporated areas.

The administrative divisions of Ohio are counties, municipalities, townships, special districts, and school districts.

References

  1. 1 2 3 Dye, T.R., Jewett, A. & MacManus, S.A. (2007) Politics in Florida. Tallahassee: John Scott Dailey Florida Institute of Government.
  2. "Community Redevelopment Agency". Archived from the original on 2012-03-04. Retrieved 2013-06-25.
  3. Edmondson, Raymond (16 February 2011). "Stop the fear mongering". Florida Today . Melbourne, Florida. pp. 9A.
  4. "Fort Lauderdale: Study finds promised penions too costly". Florida Today . Melbourne, Florida. 11 February 2011. pp. 8B.
  5. Judicial Process Unit. Melbourne, Florida: Florida Today. 2011.
  6. "School Nurses". Merritt Island, Florida: Space Coast Medicine and Healthy Living. March–April 2009. pp. 21–33.
  7. Thus, a lienholder purchasing a lien at the sale in 2016 sales are usually held in late May but cannot start later than June 1 would have to wait until April 1, 2018, before taking action to foreclose.
  8. Municipal codes and ordinances
  9. http://www.leg.state.fl.us/Statutes/index.cfm?Mode=Constitution&Submenu=3&Tab=statutes#A9 Archived 2008-12-08 at the Wayback Machine Florida Constitution, Article IX, Section 4
  10. http://www.leg.state.fl.us/Statutes/index.cfm?Mode=Constitution&Submenu=3&Tab=statutes#A9 Archived 2008-12-08 at the Wayback Machine Florida Constitution, Article IX, Section 5
  11. White, Gary. "Unpaid officials rescue obscure agency from demise". theledger.com. Retrieved 9 October 2018.
  12. "Hopefuls run to end funding for Dust Bowl-era conservation districts". The Tampa Tribune . 29 October 2010. Archived from the original on 2012-08-03. Retrieved 2020-01-30.