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Item O10 010 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 Board of County Commissioners Meeting July 19, 2023 Agenda Item Number: 010 2023-1269 BULK ITEM: No DEPARTMENT: County Attorney TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger n/a AGENDA ITEM WORDING: Charter County discussion update. ITEM BACKGROUND: The BOCC authorized the County Attorney to begin drafting proposed charter. This item is intended to provide the Board with a monthly update on relevant issues and progress. Attached is a "one pager" that outlines some basic information on charter counties and the charter county transportation sales surtax. A copy of the relevant portion of the charter county transportation surtax statute follows. PREVIOUS RELEVANT BOCC ACTION: 5/17/23, BOCC discussed pursuing a charter and directed the County Attorney to start drafting a proposal that: 1. Authorized a charter county transportation surtax; 2. Respected municipal independence both in the short term and the long term; and 3. Maintained the current structure of County government. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: none DOCUMENTATION: F.S. 212.055(1) Charter County and Regional Transportation System Surtax.pdf General Discussion of County Home Rule by Kurt Spitzer.pdf 5075 FINANCIAL IMPACT: n/a 5076 Top Ten Highlights on Charter Counties & the Charter County Transportation Surtax 1. Charter counties' and those counties participating in a regional transit authority can levy a surtax [F.S. 212.055(1)] of up to 1 penny for up to 30 years to be used for: a. Development, construction, equipment, maintenance, operation, supportive services, including a countywide bus system, on-demand transportation services, & related costs of a fixed guideway rapid transit system; b. Planning, development, construction, operation, and maintenance of i. roads and bridges in the county; ii. bus and fixed guideway systems; iii. on-demand transportation services; c. Bonds for the payment of principal and interest on qualified projects. 2. 5 counties that have levied a Charter County Transportation Surtax2 a. Broward 1% Charter 1/1/19 to 12/31/48 b. Duval .5% Charter 1/1/89 until repealed (adopted b4 30y rule) c. Hillsborough 1% Charter 1/1/19 to 3/15/21 (terminated by Courts) d. Miami-Dade 1% Charter 1/1/03 until repealed (adopted b4 30y rule) e. Walton .5% RTA 1/1/13 to 12/31/15 (terminated; RTA axed) 3. At least 8 counties that tried but failed to levy a Charter County Transportation Surtax: Alachua (2x), Citrus, Columbia, Hillsborough (2014), Orange (2022), Osceola (2x), Pinellas & Polk (2x) 4. Charter County Transportation Surtax does not count towards tax rate cap. 5. Surtax proceeds may be but are not required to be shared with cities via ILA. That ILA must be revisited no less than every 5 years to include new cities. 6. Surtax Referendum must be held during a November general election. 7. The charter can't direct how the surtax proceeds are spent. BOCC decides.3 8. Charter must be approved separately by the voters. 9. Preemption — BOCC directed staff to draft charter so cities are not preempted. 10. BOCC opting to propose charter itself, without a charter commission. ' Charter counties: Alachua, Brevard, Broward, Charlotte, Clay, Columbia, Duval, Hillsborough, Lee, Leon, Miami-Dade, Orange, Osceola, Palm Beach, Pinellas, Polk, Sarasota, Seminole, Volusia, Wakulla 2 Local Govt. Financial Info. Handbook http://edr.state.fl.us/Content/local-government/reports/lgfih22.pdf 3 Emerson v. Hillsborough County, 312 So.3d 451 (Fla. 2021). Prepared by Monroe County Attorney Bob Shillinger, revised 6.6.23 5077 6/2/23,5:29 PM Statutes&Constitution:View Statutes: Online Sunshine Select Year: 2022 v u Go...� The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B) Title XIV Chapter 212 View Entire Chapter TAXATION AND FINANCE TAX ON SALES, USE, AND OTHER TRANSACTIONS 212.055 Discretionary sales surtaxes; legislative intent; authorization and use of proceeds.—It is the legislative intent that any authorization for imposition of a discretionary sales surtax shall be published in the Florida Statutes as a subsection of this section, irrespective of the duration of the levy. Each enactment shall specify the types of counties authorized to levy; the rate or rates which may be imposed; the maximum length of time the surtax may be imposed, if any; the procedure which must be followed to secure voter approval, if required; the purpose for which the proceeds may be expended; and such other requirements as the Legislature may provide. Taxable transactions and administrative procedures shall be as provided in s. 212.054. (1) CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM SURTAX.— (a) Each charter county that has adopted a charter, each county the government of which is consolidated with that of one or more municipalities, and each county that is within or under an interlocal agreement with a regional transportation or transit authority created under chapter 343 or chapter 349 may levy a discretionary sales surtax, subject to approval by a majority vote of the electorate of the county or by a charter amendment approved by a majority vote of the electorate of the county. (b) The rate shall be up to 1 percent. (c)1. The proposal to adopt a discretionary sales surtax as provided in this subsection and to create a trust fund within the county accounts shall be placed on the ballot in accordance with law and must be approved in a referendum held at a general election in accordance with subsection (10). 2. If the proposal to adopt a surtax is by initiative, the petition sponsor must, at least 180 days before the proposed referendum, comply with all of the following: a. Provide a copy of the final resolution or ordinance to the Office of Program Policy Analysis and Government Accountability. The Office of Program Policy Analysis and Government Accountability shall procure a certified public accountant in accordance with subsection (11) for the performance audit. b. File the initiative petition and its required valid signatures with the supervisor of elections. The supervisor of elections shall verify signatures and retain signature forms in the same manner as required for initiatives under s. 100.371(11). 3. The failure of an initiative sponsor to comply with the requirements of subparagraph 2. renders any referendum held void. (d)1. Except as set forth in subparagraph 2., proceeds from the surtax shall be applied to as many or as few of the uses enumerated below in whatever combination the county commission deems appropriate: a. Deposited by the county in the trust fund and shall be used for the purposes of development, construction, equipment, maintenance, operation, supportive services, including a countywide bus system, on-demand transportation services, and related costs of a fixed guideway rapid transit system; b. Remitted by the governing body of the county to an expressway, transit, or transportation authority created by law to be used, at the discretion of such authority, for the development, construction, operation, or maintenance of roads or bridges in the county, for the operation and maintenance of a bus system, for the operation and maintenance of on-demand transportation services, for the payment of principal and interest on existing bonds issued for the construction of such roads or bridges, and, upon approval by the county commission, such proceeds may be pledged for bonds issued to refinance existing bonds or new bonds issued for the construction of such roads or bridges; and c. Used by the county for the planning, development, construction, operation, and maintenance of roads and bridges in the county; for the planning, development, expansion, operation, and maintenance of bus and fixed guideway systems; for the planning, development, construction, expansion, operation, and maintenance of on-demand transportation services; and www.leg.stateftus/STATUTES/index.cfm?App_mode=Display_Statute&URL=0200-0299/0212/Sections/0212.055.htm1 5078 6/2/23,5:29 PM Statutes&Constitution:View Statutes: Online Sunshine for the payment of principal and interest on bonds issued for the construction of fixed guideway rapid transit systems, bus systems, roads, or bridges; and such proceeds may be pledged by the governing body of the county for bonds issued to refinance existing bonds or new bonds issued for the construction of such fixed guideway rapid transit systems, bus systems, roads, or bridges. Pursuant to an interlocal agreement entered into pursuant to chapter 163, the governing body of the county may distribute proceeds from the tax to a municipality, or an expressway or transportation authority created by law to be expended for the purpose authorized by this paragraph.Any county that has entered into interlocal agreements for distribution of proceeds to one or more municipalities in the county shall revise such interlocal agreements no less than every 5 years in order to include any municipalities that have been created since the prior interlocal agreements were executed. 2.a. To the extent not prohibited by contracts or bond covenants in effect on that date, a county as defined in s. 125.011(1) shall use proceeds from the surtax only for the following purposes: F.S. 125.011(1) is code for Miami-Dade County (1) The planning, design, engineering, or construction of fixed guideway rapid transit systems,....r................... ail systems, and bus systems, including bus rapid transit systems, and for the development of dedicated facilities for autonomous vehicles as defined in s. 316.003. (11) The acquisition of rights-of-way for fixed guideway rapid transit systems, rail systems, and bus systems, including bus rapid transit systems, and for the development of dedicated facilities for autonomous vehicles as defined in s. 316.003. (111) The purchase of buses or other capital costs for bus systems, including bus rapid transit systems. (IV) The payment of principal and interest on bonds previously issued related to fixed guideway rapid transit systems, rail systems, or bus systems. (V) As security by the governing body of the county to refinance existing bonds or to issue new bonds for the planning, design, engineering, or construction of fixed guideway rapid transit systems, rail systems, bus rapid transit systems, or bus systems. (VI) For the operation and maintenance of fixed guideway rapid transit systems and bus routes or extensions thereof, including bus rapid transit systems, which were implemented or constructed subsequent to the passage of the surtax, and for operation and maintenance of services authorized by electors in passing the surtax or included in the ordinance authorizing the levy of the surtax subject to the electorate's approval. b. To the extent not prohibited by contracts or bond covenants in effect on October 1, 2022, no more than 25 percent of the surtax proceeds may be distributed to municipalities in total in a county as defined in s. 125.011(1). Such municipalities may use the surtax proceeds to plan, develop, construct, operate, and maintain roads and bridges in the municipality and to pay the principal and interest on bonds issued to construct roads or bridges. The governing body of the municipality may pledge the proceeds for bonds issued to refinance existing bonds or new bonds issued to construct such roads or bridges. Additionally, each such municipality may use surtax proceeds for transit systems within the municipality. (e) As used in this subsection, the term "on-demand transportation services" means transportation provided between flexible points of origin and destination selected by individual users with such service being provided at a time that is agreed upon by the user and the provider of the service and that is not fixed-schedule or fixed-route in nature. (f) Any discretionary sales surtax levied under this subsection pursuant to a referendum held on or after July 1, 2020, may not be levied for more than 30 years. ((2a) LOCAL O M INFRA STRUCTURE SURTAX.— governing authorityin county may levy a disc ti""" Illay„ ales surtax of 0.5 perce„ "or 1 percent. The levy sult,x shall be pursuant to ordinance e ed by a majority of t„ of thehe members of the county'governing authority and r on �, I °the governing bodies of the municipalities repws y g majority "s��p a n adopt uniform resol appi t of the electors of the county o'"u nm a referendum on h�„ p surtax.s establishing the rate of the ntm a ma ont of the co e unt l h surtax and calling foran the ballot and shall take effect if �erenum on the sur�a"��, the levy of the rtax shall be plat o approved by a majorityectors of,,fhb county voting in the refe dum qrY'"the surtax. 2. If the surtax was levied pu'1 aapt° o a referendum held before July 1, I,3 93, the surtax may ndt be levied beyond the years. f S�'°cor w e ordinance did not limit the P,ehpot more than 15 ears. The le t5 x y e pro Majority of the electors 6 be levied for such v to a le the surtax ma surta„ Ap od . n al of 1 tors „the county r, , ime es a is e m e o be extended onl b � hic theprojects to be fu(b)g A statemept w en the surtax. d f` nded the surtax and whit e h includes a brief general d voting in a refer conforms to r, escr�o by h�""*„„„�III he ballot by the ng rd q g p vy drtax or in whi ch then,ove nin bodies of the munici aliti enacts an d'"' mance callin for a referendum on the le of the s""""" ty of any county which � requirements o s. 101.161 shall a ac t g g N'NII. www.leg.stateftus/STATUTES/index.cfm?App_mode=Display_Statute&URL=0200-0299/0212/Sections/0212.055.htm1 5079 6/2/23,5:29 PM Statutes&Constitution:View Statutes: Online Sunshine N'1 1111 ,4. The county currently l�vies a local government infrastructure surtax pursuant to subsection (2) which is scheduled to terY inate and is not subject to„renewal. M „ effect�i l the 5P „� fe g ibed in sub a graph 4. is terminated. II f cal government infrastructure surtax des The pension liability ity surtax does not take e a described d hich (b) A'°11referendum to adopt a pen on liabilityurtax must meet the"Mi,requirements of s. 101.161 and myst include a brief g P d e , O u s° c the surtax proceeds w and eneru" rs`— O, p ,n be used. this less 'n administrative fee nt to s. 212.054 4 t e ds of the surtax collected u �" �, Phe � escri ion o e ur finent,�hall be distributed b the de arty° l",government. that may be retIs h may use the ent to the iota ned by t depart y P r' � (d) The local gernmo y pension liability surtax proceeds in 'rhe following "fianner: government mus„t°"dis �"„ p �• I 'plao rovided in s. 112.64(6), the local 1. If the roceed f the pension liability s'turtax have been actuarially recog' iz trib''Nte the roceeds to an e 'uible defined benefit retireme r system, not including the Florida RetiremenSystem. 2. If"""the proceeds of the pension liability surtax ha' e not been actuari„al"(y recognid, the local government is authorized to distribute the proc'l ,eds to an eligible defined benefit ret rement plan or system, not including the Florida etfrpment System, to pledge the oceeds of the surtax to""'IVe'pay "its incurred for the p rpose of making advanced paymeht;s toward the unfunded liability of an underfunded deij4d benefit retirement plan Mor system, and to reimburse itself from,the proceeds of the surtax for,,any borrowing co„st's ass fated with such debts. (e) The1°'10rdinance providing for the imp9sition of tF "pension ha hty surtax must specify ho',w the proceeds will be used: "" 1. The ordinance must specify the method„If determining the percente of the proceeds, and th�e",frequency of such payments, distributed"°�o each eligible def mie beV Iefit retirement plan or sys"tem if the proceeds of the pension liability surtax are actuarially rec �nized as provided in s. Ll'h .64(6). " 2. The ordinance must s cify tV a local governmen't',s intention to incur debt„for the purpose of making ad vanced pension liabilitysu tax are u iabilit Y an ugnderfund pro vifinded bs.n112.64(6) m�,n p y p 'reds of the payments nd4 y O,„ t plan or stem if the rocs in "not acl ariall recognized as (f) A pension lial ty surtax im 16wd pursuant to this subsecti n shall terminate on1"'D,pcember 31 of the year in vi hich 11, the actuarial fun„0l'ng level is expected t'6,reach or exceed 100 pert ent for the defined benefit retirement plan or syst for 111 which the su„rtax was levied or December 3� , 2060, whichever occurs°"'^first. The most recent actuarial report submitted t" the Depar,kwnent of Management Services purse„giant to s. 112.63 must be°'' sed to establish the levee°pf actuarial funding. (g) otwithstanding any other provision of t"hjs section, a county may�not levy local option sales rtaxes authorized in 11, this subsection and subsections (2), (3), (4), and ( ^) in excess of a combin�d rate of 1 percent. (10) DATES FOR REFERENDA.—A referendum to adopt or amend a local government discretionary sales surtax under this section must be held at a general election as defined in s. 97.021. (11) PERFORMANCE AUDIT.— (a) To adopt a discretionary sales surtax under this section, an independent certified public accountant licensed pursuant to chapter 473 shall conduct a performance audit of the program associated with the proposed surtax. (b)1. At least 180 days before the referendum is held, the county or school district shall provide a copy of the final resolution or ordinance to the Office of Program Policy Analysis and Government Accountability. 2. Within 60 days after receiving the final resolution or ordinance, the Office of Program Policy Analysis and Government Accountability shall procure the certified public accountant and may use carryforward funds to pay for the services of the certified public accountant. 3. At least 60 days before the referendum is held, the performance audit must be completed and the audit report, including any findings, recommendations, or other accompanying documents, must be made available on the official website of the county or school district. 4. The county or school district shall keep the information on its website for 2 years from the date it was posted. 5. The failure to comply with the requirements under subparagraph 1. or subparagraph 3. renders any referendum held to adopt a discretionary sales surtax void. (c) For purposes of this subsection, the term "performance audit' means an examination of the program conducted according to applicable government auditing standards or auditing and evaluation standards of other appropriate authoritative bodies.At a minimum, a performance audit must include an examination of issues related to the following: 1. The economy, efficiency, or effectiveness of the program. 2. The structure or design of the program to accomplish its goals and objectives. www.leg.stateftus/STATUTES/index.cfm?App_mode=Display_Statute&URL=0200-0299/0212/Sections/0212.055.htm1 5080 6/2/23,5:29 PM Statutes&Constitution:View Statutes: Online Sunshine 3. Alternative methods of providing program services or products. 4. Goals, objectives, and performance measures used by the program to monitor and report program accomplishments. 5. The accuracy or adequacy of public documents, reports, and requests prepared by the county or school district which relate to the program. 6. Compliance of the program with appropriate policies, rules, and laws. (d) This subsection does not apply to a referendum held to adopt the same discretionary surtax that was in place during the month of December immediately before the date of the referendum. History.-s. 2,ch. 76-284; s. 5,ch.82-154;s. 3, ch. 83-3; s. 1, ch.84-373;s. 1, ch. 84-555;s. 25,ch.85-180; s. 70,ch.85-342; s.8, ch. 87-99;s. 1, ch. 87-100;s. 2,ch.87-239; s. 12,ch.87-548; s.85, ch. 90-132;s.4, ch. 90-203; s. 1,ch.90-282; ss.2, 3,ch.91-81; s.29,ch.91-112; s.2, ch. 91-418;s. 1, ch. 91-423;s. 148, ch. 92-279;ss. 1,2, ch. 92-309;s. 55, ch. 92-326;s. 3,ch.93-207; s. 3, ch. 93-222;s. 51, ch. 94-356;s. 1,ch.95- 258;s. 1,ch.96-240; s. 1, ch. 97-83;s. 17,ch.97-384; s. 7,ch.98-258; s.9, ch. 98-342;s.4,ch.99-4;s. 1, ch. 99-340;s. 54,ch.99-385; s.40,ch. 2000-151; ss. 10, 11, 13, 16,ch. 2000-312;s. 78, ch. 2000-318;s. 33, ch. 2001-60;s. 100, ch. 2002-20;s. 7,ch.2002-196;s. 1,ch.2003-77; ss. 33, 42, ch. 2003-254; s.91, ch. 2003-402; s.6, ch. 2004-41;s. 1, ch. 2004-66;s. 1,ch.2004-259;s. 3,ch.2005-55; s. 1,ch.2005-56; s. 1, ch. 2005-96;s. 1, ch. 2005-242;s. 1, ch. 2006-66;s. 2,ch.2006-223;s. 14,ch.2007-196;s. 19, ch. 2009-96;s. 1,ch.2009-132;s. 1,ch.2009-146; s. 1,ch.2009- 182;s. 1,ch.2010-154; s. 1,ch.2010-225; s. 5,ch.2011-15; s. 3, ch. 2012-117; s. 14, ch. 2013-198; s.6, ch. 2015-100;s. 1, ch. 2015-169;s. 2, ch. 2016-146; s.2, ch. 2016-225; s.64,ch.2016-241; s.27,ch.2017-173; ss. 34, 35, 62, ch. 2018-118;s. 22, ch. 2018-158; s. 1, ch. 2019-64;s. 12, ch. 2019-159; s. 3, ch. 2019-169; s. 18,ch.2020-10; s.23, ch. 2021-2;s. 21, ch. 2022-97. 1 Note.-Section 26,ch.2021-2, provides that: "(1) The Department of Revenue is authorized, and all conditions are deemed met, to adopt emergency rules pursuant to s. 120.54(4), Florida Statutes, for the purpose of administering this act. "(2) Notwithstanding any other law, emergency rules adopted pursuant to subsection (1) are effective for 6 months after adoption and may be renewed during the pendency of procedures to adopt permanent rules addressing the subject of the emergency rules. "(3) This section shall take effect upon this act becoming a law and expires July 1,2023." 2Note.-Section 22,ch.2022-97, provides that"[t]he additional uses of surtax proceeds authorized by the amendments made by this act to s. 212.055(6)(c), Florida Statutes, may apply to a surtax in effect on the date this act becomes a law only to the extent such use was authorized in the original referendum adopting the surtax or is authorized pursuant to a subsequent resolution conditioned to take effect only upon approval of a majority vote of the electors of the county voting in a referendum." Copyright© 1995-2023 The Florida Legislature • Privacy Statement • Contact Us www.leg.stateftus/STATUTES/index.cfm?App_mode=Display_Statute&URL=0200-0299/0212/Sections/0212.055.htm1 5081 General Discussion of County Home Rule Kurt Spitzer (850)228-6212 Article VIII, section 1(a) of the Florida Constitution provides that the State shall be divided by law into political subdivisions called "counties" and further authorizes the creation, abolition or change of counties by law. However, Article VIII, sections 1(c)-(g) invite consideration of alternatives to the structure, powers and duties established by law for non-charter counties through the creation of charter counties. The below is a short summary comparing the powers of non-charter versus charter counties. It is not intended to be comprehensive. 1. Creation and Powers of Non-charter Counties Article VIII, 1(f) —Non-charter counties have "such powers of self-government as is provided by general or special law." The Constitution further limits the extent of any such powers, to exclude the power to enforce county ordinances within municipal boundaries where there is a conflicting, authorized municipal ordinance. a. Unless the Legislature adopts a law giving authority to a county, the county has no authority. Although the Constitution provides for a Board of County Commissioners and five constitutional officers in each county, neither the Board nor the constitutional officers have any duties or powers unless the Legislature adopts a law conferring powers and creating duties. (Exception: the clerk of circuit court has certain responsibilities to the court system, created under Article V.) ■ Without such authority from the Legislature, non-charter counties are powerless. ©Kurt Spitzer and Associates-August 2019 5082 ■ Nothing in the Constitution requires the Legislature to adopt the current statute conferring power on noncharter counties, and nothing prevents the Legislature from limiting or repealing it at any time. 2. Creation of charter counties Article VIII, 1(c) - Charter counties established pursuant to "general or special law" and the Charter shall be adopted, amended or repealed only upon vote of the county electors. a. General law. ■ Chapter 125.64, FS, authorizing the appointment of a charter (study) commission to propose a charter for consideration of electorate. ■ Chapter 125.70, FS, authorizing proposal by the BCC of an optional form of county charter for consideration of electorate. b. Special law. Charters may be proposed for the consideration of the electorate by local law or"special act" of the Legislature. Pinellas and Volusia County's charters originated via special acts of the Legislature. 3. Powers of charter counties Article VIII, 1(g) - Counties operating under a charter have "all powers of local self-government not inconsistent with general law, or with special law approved by the voters." Home rule power of a charter county is not dependent on legislative authorization and flows directly from the Constitution, with four limitations: a. Conflict with the Constitution. Charters may not supersede provisions of the Florida Constitution. b. Conflict with general law. The Legislature addresses subjects important to the State ©Kurt Spitzer and Associates-August 2019 5083 through general laws. County ordinances are superseded by general laws to the extent of a conflict. There is no specific statutory definition of what a "conflict" is. General examples: ■ Subjects expressly prohibited or pre-empted by the Constitution or general law, or ■ Subjects pre-empted to a charter county. c. Conflict with special laws. Most special laws or acts that apply only to a single county are only effective in a charter county if approved/confirmed by the electors of the charter county. d. Charter provisions for conflict with municipal ordinances. The charter must provide which ordinances prevail in the event of a conflict between a county ordinance and a city ordinance on most standards or policies. Also, a "dual referenda" may be required if a power or function relating to a program or the delivery of a particular service (e.g. fire, police, etc.) is transferred, although two governments may contract with each other for temporary transfers of services without invoking dual vote requirement. 4. Structure of noncharter countygovernment. a. Legislative body. A noncharter government is governed by a board of county commissioners of five or seven members, serving staggered terms of four years, with one commissioner residing in each district as provided by law. b. County officers. Constitution specifies the election in each county, for a four-year term, five enumerated county officers, although county commissioners and school board members are also included within the definition of "county offices" for some purposes. The Constitution does not specify any duties for the county officers but the Legislature has provided by general law for their powers and duties. Partial exception in Constitution: The clerk of the circuit court is the ex officio clerk of the board of county commissioners, auditor, recorder and custodian of all county funds. c. Executive. The Constitution does not specify the head of the executive branch of a ©Kurt Spitzer and Associates-August 2019 5084 noncharter county government. General law distributes executive/administrative authority among the BCC and the county "constitutional" officers. However, 125.70, FS, authorize noncharter counties to adopt an ordinance providing for the employment of a professional county administrator to administer those departments of the county government over which the BCC has control. 5. Structure of charter county government. The Constitution allows (but does not require) a charter county to provide for a different governmental structure so long as the duties otherwise devolving upon county governments under the general laws of the state are all assigned to a responsible office in the charter county. Thus the structure of the charter county government may be different from what is contemplated by the Legislature in general law but the powers of the resulting government may not conflict with general law(s), whatever those laws may be from time to time. a. Legislative body. Charter counties may provide for a form of the legislative body different from the traditional BCC. Some examples: ■ Term lengths ■ Term limits ■ Number of Commissioners ■ At-large, single-member or mixed districting schemes ■ Non-partisan elections ■ Sharing legislative power directly with the electorate through a process for ordinance proposal/adoption process by petition. b. County officers. Five county officers may be chosen in another manner (e.g. non- partisan election, subject recall, etc.) as specified in a charter. County constitutional ©Kurt Spitzer and Associates-August 2019 5085 Paragraph (b) is outdated. See endnote below. office may not be abolished by a charter unless the charter specifies another office to which the duties of the abolished office are to be transferred. [See endnote below.] c. Executive. Charters may reallocate some or all of the executive powers of the BCC to an executive, whether an employed professional executive/manager or an elected "strong mayor" executive. d. Intergovernmental issues. Ordinances of a noncharter county can be effective within a municipality only if there is no conflict. However, the ordinances of a charter county may set uniform standards countywide, if the charter so provides. Most charters which specify pre-emptive legislative authority to the BCC have limited those powers to specific subject matter. 6. Additional powers. Statutes and case law have provided for a limited number of other special powers for charter counties. Examples: a. The BCC is subject to recall as provided instate law b. BCC and local Legislative Delegation may place charter amendments on ballot c. County enjoys increased insulation from unwanted special acts d. BCC has power to levy utility tax in unincorporated area, unless prohibited by the charter e. New municipal CRAB must receive BCC approval ENDNOTE: Florida's voters approved Amendment 10 to the Florida Constitution on November 6, 2018. Among other things, Amendment 10 eliminated the ability of county electors to approve changes to the duties of the County Officers or alter the way in which they are elected via a county charter. As of August 1, 2019, a challenge to Amendment 10 remained in court. The challenge concerns whether the Amendment is effective prospectively or also operates retroactively, thus negating all provisions of those county charters that concern county officers. © Kurt Spitzer and Associates-August 2019 5086