STUFF YOU MIGHT NOT KNOW
Little Local Governments Smallest incorporated city (by population): ● Lake Buena Vista (home of Walt Disney World Resort), population of 10 (+ / -) Smallest incorporated city (by area): ● Village of Lazy Lake (in Broward County), 15 acres & 24 people
Hot Topic: City of Hampton Population 500 (+ / -) & a speed trap State audit found numerous violations, mayor resigned & was jailed, all three full time employees resigned (city clerk, chief of police & maintenance operator) Legislators considered dissolving the City, but decided against it
Dissolution of Municipalities Municipalities may be established or abolished pursuant to general or special law, provided that when a municipality is abolished, “provision shall be made for the protection of its creditors.” Art. VIII, s. 2(a), Fla. Const. Municipal corporation may be dissolved by a special act of the Legislature, or by an ordinance of the governing body of the municipality which is then approved by the voters. § 165.051(1), Fla. Stat.
Dissolution Dissolution of a municipality must also meet three conditions: ● Municipality must not be substantially surrounded by other municipalities ● County or another municipality must be “demonstrably able” to provide necessary services to the area ● Equitable arrangement must be made for the bonded indebtedness and vested rights of employees of the municipality § 165.061(3), Fla. Stat.
Dissolution At dissolution, the title to all property owned by the preexisting municipality is transferred to the county County assumes all indebtedness of the preexisting municipality, unless otherwise provided for in a dissolution plan To pay any assumed indebtedness from the dissolved municipality, the county is authorized to levy and collect ad valorem taxes from the area via a special district created for such a purpose § 165.071(3), Fla. Stat.
Recent Dissolutions Cedar Grove, in Bay County (dissolved in 2008) Golfview, in Palm Beach County near the Palm Beach International Airport (dissolved in 1998)
Once a City, Always a City Once a municipality is established, it stays established, even if its government has ceased to function & remains dormant for several years Town of Oak Hill (in Volusia County): Reactivated in 1963 Town of Cypress (in Jackson County): Still dormant
ANNOYING TENTS! Public nuisances are “nuisances that tend to annoy the community, injure the health of the citizens in general, or corrupt the public morals.” § 823.01, Fla. Stat. (2013) Section 823.05(1), Florida Statutes (2013), states that: Whoever shall erect, establish, continue, or maintain, own or lease any building, booth, tent or place which tends to annoy the community or injure the health of the community, or become manifestly injurious to the morals or manners of the people as described in s. 823.01… shall be deemed guilty of maintaining a nuisance, and the building, erection, place, tent or booth and the furniture, fixtures, and contents are declared a nuisance. All such places or persons shall be abated or enjoined as provided in ss. 60.05 and 60.06.
ANNOYING TENTS! Attorney General, state attorney, city attorney, county attorney, or any citizen of the county may sue in the name of the state to enjoin the nuisance, the person or persons maintaining the nuisance, and the owner or agent of the building or ground on which the nuisance exists The standard for the existence of a public nuisance is relatively low “Anything which annoys or disturbs one in the free use, possession, or enjoyment of his property or which renders its ordinary use or occupation physically uncomfortable may become a nuisance and may be restrained.” Mercer v. Keynton , 163 So. 411, 413-14 (Fla. 1935)
BONFIRES “Whoever is concerned in causing or making a bonfire within 10 rods of any house or building shall be guilty of a misdemeanor of the second degree...” § 823.02, Fla. Stat. RODS??? Lineal measure of 5-1/ 2 yards or 16-1/ 2 feet Thus, no bonfires within 55 yards or 165 feet of a house or building
Withholding Records If any officer, after the expiration of the time for which she or he may have been appointed or elected, or in case of death, her or his executors and administrators, or the person in possession thereof, shall willfully and unlawfully withhold or detain from her or his successors the records, papers, documents, or other writings appertaining and belonging to her or his office, or mutilate, destroy, take away, or otherwise prevent the complete possession by her or his successors of said records, documents, papers, or other writings, she or he shall be guilty of a misdemeanor of the second degree… § 839.14, Fla. Stat.
Withholding Records–Cont’d At the expiration of a term in office, whoever has custody of any public records kept or received by the officer in the transaction of official business shall deliver all such records to his or her successor, or if there is no successor, then to the Florida Division of Library and Information Services Upon the request of the successor, any person who has the records must deliver the records to the lawful custodian within 10 days § 119.021(4)(a), Fla. Stat.
Misuse of Confidential Info Any public servant who, in contemplation of official action by herself or himself or by a governmental unit with which the public servant is associated, or in reliance on information to which she or he has access in her or his official capacity and which has not been made public: ● Acquires a pecuniary interest in any property, transaction, or enterprise, or gains any pecuniary or other benefit which may be affected by such information or official action, or ● Speculates or wagers on the basis of such information or action, or ● Aides another to do the foregoing, shall be guilty of a first degree misdemeanor
Misuse of Confidential Info A public servant who discloses or uses confidential criminal justice information with the intent to obstruct, impede, or prevent a criminal investigation or a criminal prosecution, when such information is not available to the general public and is gained by reason of the public servant’s official position, commits a third degree felony. § 838.21, Fla. Stat. DISCLOSURE OR USE OF CERTAIN INFORMATION.—A current or former public officer, employee of an agency, or local government attorney may not disclose or use information not available to members of the general public and gained by reason of his or her official position, except for information relating exclusively to governmental practices, for her or her personal gain or benefit or for the personal gain or benefit of any other person or business entity. § 112.313, Fla. Stat.
Attorney General Opinion Question was whether a public officer or employee who participated in a closed meeting on labor negotiations could disclose the information that was obtained during the closed meeting. Although Section 447.605, Florida Statutes (relating to closed labor negotiation meetings) did not specifically restrict the dissemination of information discussed at the closed labor negotiations, the Florida Attorney General did note that there were other laws [ §§ 839.26 and 112.313(8)] that did prohibit the disclosure of such information under certain circumstances. Fla. Atty. Gen. Op. 2003-09
Assuming to Act Newly elected or appointed public officers must not assume to perform any of the duties of public office before “qualification” according to law. Doing so would be a second degree misdemeanor. § 839.18, Fla. Stat. Florida Supreme Court determined that § 839.18 applied to a person who performed the duties of deputy sheriff before being qualified according to law. Person had been appointed as a deputy, had taken the required oath, and had executed a bond, but board of county commissioners had not approved the bond. Therefore, the person was not yet qualified to perform the duties of deputy sheriff. Stinson v. State , 80 So. 506 (Fla. 1918).
VOTING MACHINES Governing bodies are required to purchase voting equipment which has a combined retail value of more than $35,000 by means of competitive sealed bids or competitive sealed proposals from at least two bidders. Exceptions are emergency situations, or if there is only a single source provider of the equipment. If exceptions exist, then the chairman must certify this to the Division of Elections. § 101.293, Fla. Stat. Any board member who purchases or sells voting equipment in violation of § 101.293, and who knowingly votes to purchase or sell voting equipment in violation of same, is guilty of a first degree misdemeanor and shall be subject to suspension from office on the grounds of malfeasance. § 101.295, Fla. Stat.
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