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| An overview of city (municipal) government in Florida | |||||||||||||
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What is a city? It is an incorporated, independent unit of government that exists because its citizens/residents want it to. In Florida, these municipal governments are referred to as cities, towns and villages. The term used makes no difference as long as it is incorporated. (In some states, the terms denote differences in rank or service level.) Why are cities created? A city exists because the citizens want it to. It is created to provide certain services and must provide what the citizens, per the charter, specify. A city is a "social contract" people voluntarily make to live together with common goals and governing values. How is a city different from other local governments? In Florida, there are four local governments that are constitutionally established, each distinct from the other. They are classified as general purpose and special purpose local governments. The two general purpose local governments are the county and municipal governments. Florida's 67 county governments were created by the Legislature as an arm of the state to provide state services at the local level. Florida's 405 municipal governments (as of 2/01) have been created by the people. The city residents wanted certain services not being provided by any other level of government and were willing to pay extra for such services. It is important to realize that every Florida citizen is served by a county government (every inch of Florida is a county), but not everyone is served by a city government. Florida's two special purpose local governments are the county school board districts and the independent special districts. How old are our cities? Most of Florida's cities are young, with the greatest number of them having been established in the 1940s and 1950s, following World War II. This growth in new cities was due in great part to the increased movement of retirees to the state and the return of those who were stationed in Florida during the war, bringing their families to settle. The exception to these relatively young cities is Pensacola and St. Augustine, which are Florida's two oldest cities. Formed through Spanish land grants, both cities were chartered in 1822. Pensacola was first settled in 1559, destroyed by a hurricane and then re-established in 1569. St. Augustine was settled in 1565 and has the "claim to fame" of being the oldest continuously occupied community in U.S. history, having been founded 55 years before Plymouth Rock. (A fact they do not teach or promote in our history classes!) Per Michael Gannon's book, Florida, A Short History, "By the time the Pilgrims came ashore at Plymouth [in 1620], St. Augustine was up for urban renewal. It was a town with fort, church, seminary, 6-bed hospital, fish market and about 120 shops and houses." Today, unlike county governments (the last county, Gilchrist, having been established in 1925 during the land boom period), city governments are still being created. Of the 405 cities, Miami Lakes (Miami-Dade County) and Southwest Ranches (Broward County) were chartered in 2000; Bonita Springs (Lee County), Marathon (Monroe County) and Palm Coast (Flagler County) were chartered in 1999; Sunny Isles Beach (Dade County), Marco Island (Collier County) and Islamorada (Monroe County) were chartered in 1997; and Pinecrest (Dade County) and Weston (Broward County) were chartered in 1996. Interestingly enough, on its official map of cities and points of interest (with 600 items marked), the Florida Department of Transportation lists less than half of Florida's municipalities. On the other hand, it lists communities, such as Immokolee, that are not incorporated. What size are Florida cities? Florida cities range in size from population 13 (Islandia) to population 719,072 (Jacksonville). Jacksonville's boundaries also cover the greatest area--741 square miles. [Jacksonville is also unique in that it is the only consolidated city/county government in Florida.] Florida has many small cities in comparison with the rest of the nation. About 70 percent of Florida's cities are under 10,000 population and only 13 cities have populations greater than 100,000. The median population for a city in Florida is 4,300. How are cities created? Cities are created through incorporation. In simple terms, the basic steps of incorporation are the following: (1) design a charter (with the only required components being a description of the city's boundaries, establishment of the form of government, and a provision listing the election schedule; (2) have a special act adopted by the local legislative delegation; (3) have the special act adopted by the Florida Legislature; (4) hold a vote at home on the charter "by the people"; and (5) hold the first election. Historically, the idea of a city was brought over from Spain and England through the granting of a charter by the king. The granted charter was a business contract. Today, the charter is a contract with the people to provide governmental services. In fact, many cities are run like a business. What is municipal home rule? It is local self-government (self-rule) by the people with limited interference by another level of government, within the parameters of state and federal law. Florida cities have not always had home rule. They fought for it for 50 years, achieving the Municipal Home Rule Powers Act of 1973. This act reinforced the 1968 home rule provision of the Florida Constitution. Municipal governments are the only general purpose local government that is independent. It is important to note, however, that cities have home rule in everything they do except determining tax sources. They do not have fiscal home rule; that authority is reserved to the state. How are cities governed? Cities are governed by a policy-making board (generally termed the council or commission) made up of elected officials. Unlike many elected positions, city government officials are non-partisan and often have full-time jobs, thus serving in a true community service capacity. There is a 1/3 turnover every year in Florida elected municipal officials. As a result, many cities have entirely new councils every few years. These governing boards range from 3 to 19 members and the terms of office of the board members may range from two to four years. Cities are also employers, who hire and appoint city staff to run the city and implement the policy. Are there different forms of city government? A city's form of government is determined by charter. There are four basic forms of municipal government, which describe how the government is structured, with many variations found. They are council-manager (the most prevalent form in Florida); council-strong mayor; council-weak mayor; and commission (the least common form found in Florida). [Please note that the name of the policy-making board does not necessarily denote the form of government.] The important thing to remember is that every charter is unique. The city residents choose the form of government that works best for them when they design the charter and they can amend that charter to change the form of government, if needed. What kind of services do cities provide? Municipal services generally fall within three areas: Public Safety, Public Services (Transportation and Public Works), and Planning and Zoning. The most visible of these include police and fire protection, water, sewer, garbage collection, and parks and recreation, to name a few. Do all cities provide all of these services? No, as the types and level of services provided by a city are determined by the people. There are also the "invisible" services that cities provide, such as zoning, code enforcement, other health and safety standards, ordinances (laws) and records, budget and finance, and the city employee work force. At one time, 75 percent of Florida's population lived in cities. Now, 49 percent of the population lives in cities, with 51 percent living in the unincorporated portions of the county. This is mainly due to urban sprawl and the fact that county governments have become providers of more municipal-type services. Thus, people do not always have to live in a city to gain these services. In providing such municipal-type services, some of Florida's more urbanized county governments have also adopted charters (much like the city charters). This is one of the factors leading to confusion as to which local government is providing a particular service. Where do cities get the necessary funds to provide their services? By and large, Florida cities depend on user fees, which are charges for service. On the average, user fees represent 39 percent of a Florida city's revenues. Remember that cities do not have fiscal home rule. The state dictates what taxes a city can use. The ad valorem (property) tax is the only tax granted to city governments by the Florida Constitution. "Ad valorem" means according to the value of. The ad valorem tax is based on the value of real and personal property per an assessment made by the county Property Appraiser's Office. Due to homestead exemptions and the fact that most other local governments are also authorized to collect ad valorem taxes, this revenue source is limited. On the average, the ad valorem tax makes up only about 12 percent of a city's revenues. The only two taxes currently granted to cities by state law are the municipal utility tax (public service tax) and the occupational license tax. The municipal utility tax is based on the consumptive use of certain utility services and makes up, on the average, 6 percent of a city's revenues. The occupational license tax is a tax paid by businesses for the privilege of operating within the jurisdiction of the city. On the average, this tax represents one percent of a city's revenues. Other city revenue sources may include intergovernmental revenue, fines and forfeitures, contributions and donations, franchise fees, investment income, and local option taxes. What is a city budget? A city's budget establishes the priorities for what a city is going to do and how it is going to pay for such activities/services. The budget reflects revenues and expenditures and, per Florida law, must be balanced. The budget process allows for citizen input through public workshops and city council meetings. What is growth's impact on city government? The growth of Florida is impacting city services and the funding for such services. Florida did not start with a native population and has been shaped by tourism and the influx of non-natives (the snowbirds, retirees, those transferred by business, etc.). Many of these citizens do not even realize that they live within an incorporated city. The background and status of these residents affects the decisions they make in voting and supporting different city services and funding sources. Florida was the fastest growing state in the 1980s and early 1990s. Currently, Florida ranks fourth in terms of growth, with more than 800 people a day moving into the state. Where these people choose to live and what they are doing impacts city governments that are trying to plan for such growth, per the 1985 Growth Management Act. What major challenges do Florida cities face in the future? Although there are many challenges, four major ones are: (1) aging infrastructure/coping with growth; (2) unfunded mandates; (3) federal devolution; and (4) intergovernmental challenges. Coping with growth/aging infrastructure - The impact of Florida's dramatic growth over the decades of the 1970s and 1980s has compounded the wear and tear on this infrastructure. Governments have difficulty finding a way to make growth "pay for itself." Although Florida's cities are relatively young, with the exception of Pensacola and St. Augustine, their infrastructure (the roads, bridges, sewer and water lines, etc.) is starting to age. It will cost a great deal to repair and replace, and council members are seeking creative uses for their limited revenues. Unfunded mandates - When the federal and state government officials pass laws or make court rulings imposing an enforceable duty on city governments, that is a mandate. If no funding is provided by the federal or state government to implement the mandate, it is called an unfunded mandate. When unfunded mandates are imposed on city governments, they generally force the city to take one or more of the following actions: raise taxes or user fees to cover the cost of the mandate; and/or rearrange local priorities by using funds which previously supported other local programs to pay for the cost of implementing the mandate. Federal devolution - Congress is working to dismantle many federal programs. The city governments want to know how the programs are going to come to Florida and who is going to be asked to perform these services. This unknown is a major concern for Florida cities that are faced with limited fiscal constraints. Intergovernmental challenges - The lines between Florida's four local governments, particularly between city and county governments, are blurred in the eyes of state government. When the phrase "local government" is used in state law and implementing rules, one is often not sure who is being addressed. Intergovernmental relations are key to the delivery of services that cross regional boundaries, such as emergency management, a county/state provided service. And, cities and counties often compete for the same tax and fee dollars, which creates competition and, on occasion, conflict. Other key intergovernmental issues that cities are facing are annexation, dual taxation and growth management, including the siting of schools. In Summary. A city is an independent level of government that does what its citizens want it to do. According to most scholars, city government is the level of government closest to the people. It provides the most visible services. Cities may be small or large, but they are all special and unique. Whom do I contact for more information? Florida League of Cities, Membership Development Department, Post Office Box 1757, Tallahassee, Florida 32302-1757; (850) 222-9684 or Suncom 278-5331; Fax (850) 222-3806; E-mail: bmulrennan@flcities.com. Be sure to visit the League's Web site at www.flcities.com. |
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