Florida Constitution ARTICLE VIII LOCAL GOVERNMENT
Florida Constitution – Article VIII: Local Government
🔹 Overview:
Article VIII of the Florida Constitution defines the structure, powers, and responsibilities of local government entities, including counties, municipalities, and special districts. It empowers local governments while also setting constitutional limits and providing for home rule.
🔹 Section-by-Section Summary:
Section 1 – Counties
Counties are political subdivisions of the state.
Each county must have:
A board of county commissioners (elected).
Constitutional officers: sheriff, tax collector, property appraiser, supervisor of elections, and clerk of the circuit court.
Counties may operate under charters if approved by voters.
Defines powers counties may exercise and how they relate to municipal ordinances.
Section 2 – Municipalities
Municipalities (cities, towns) have the power of self-government (home rule).
They can enact ordinances as long as they don’t conflict with state law.
Created or abolished by general or special law with local approval.
Section 3 – Consolidation
Counties and municipalities may consolidate their governments (merge), subject to voter approval.
Section 4 – Transfer of Powers
Powers or functions of one local government can be transferred to another, with voter approval in both affected jurisdictions.
Section 5 – Local Option for County Seats
The location of county seats can only be changed by voter referendum.
Section 6 – Home Rule for Counties
Counties not operating under a charter may still exercise limited home rule powers.
Charter counties have broader home rule authority.
Section 7 – Special Districts
Provides for the creation, organization, and dissolution of special districts (e.g., fire control, water management).
Must follow general or special laws.
Section 8 – Local Government Expenditures
Prevents the legislature from requiring local governments to spend funds unless:
Funding is provided, or
The law is approved by a supermajority.
Section 9 – Salaries
The salaries of county officers are set by law.
Section 10 – Apportionment and Redistricting
Applies to redistricting of county commission districts, ensuring fair representation.
Section 11 – Vacancies
Addresses how to fill vacancies in county or municipal offices.
Section 12 – Merit System
Allows the creation of civil service (merit) systems for local government employees.
Section 13 – Miami-Dade County
Grants special constitutional status to Miami-Dade County.
Allows it to operate under a home rule charter with broader powers.
🔹 In Summary:
| Topic | Summary |
|---|---|
| Counties | Must have elected officials; may operate under charters |
| Municipalities | Have self-governance powers, subject to state law |
| Consolidation/Transfer | Allowed with voter approval |
| Special Districts | Created for specific local purposes (e.g., utilities, water) |
| Home Rule | Strengthens local autonomy, especially for charter counties |
| Expenditure Limits | Legislature can't impose unfunded mandates on local governments |
🔹 Purpose:
Article VIII provides a constitutional foundation for local governance in Florida, emphasizing home rule, local control, and voter participation in key decisions.
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