Miami Shores Village v. County Commissioners

12 Fla. Supp. 168
CourtCircuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County
DecidedJune 27, 1958
DocketNo. 58C 1462
StatusPublished
Cited by3 cases

This text of 12 Fla. Supp. 168 (Miami Shores Village v. County Commissioners) is published on Counsel Stack Legal Research, covering Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miami Shores Village v. County Commissioners, 12 Fla. Supp. 168 (Fla. Super. Ct. 1958).

Opinion

PAT CANNON, Circuit Judge.

This cause came on for trial and final hearing upon plaintiff’s complaint for declaratory decree, the defendants’ answer and cross-complaint, and plaintiff’s answer to the cross-complaint. The court has considered the pleadings and the evidentiary exhibits, and has heard and considered arguments of counsel. The parties stipulated and agreed that no issues of fact are involved, and no testimony was adduced.

The plaintiff, Miami Shores Village, a municipality in Dade County, instituted this suit against the board of county commissioners of Dade County seeking a determination and delineation of the respective powers and functions of county government and the various city governments in Dade County, under the Dade County Home Rule Amendment to the Florida constitution and the Home Rule Charter of government for Dade County.

Plaintiff alleges it is in doubt as to its rights and duties under the Dade County Home Rule Amendment to the Florida constitution and under the Home Rule Charter, particularly in regard to — ■

First. Whether by virtue of section 11 (vii) of said constitutional amendment, the charter of Dade County may vest in the board of county commissioners the right to curtail the exercise by the respective municipalities of said county of the charter powers granted to them by their respective charters and particularly whether sections 5.01 and 5.02 and 8.04 of the said charter are in derogation of said amendment (vii), and if so, in what respect and if not, then to what extent may the municipalities exercise their aforesaid functions and powers?

[171]*171Second. Whether the provisions of said charter are in themselves repugnant and inconsistent with each other insofar as they seek to limit and fetter the exercise by the several municipalities of the powers granted to them by the respective charters, and particularly with respect to section 1.01 (4) and 1.01 (18), and whether or not the limitations of section 1.01 (18) are applicable to all of the powers and functions which the aforesaid charter seeks to vest in the board of county commissioners with respect to municipal functions and duties?

Plaintiff further alleges that determination of the foregoing questions is essential to the orderly administration of the respective county and city governments existing in Dade County under and by virtue of the constitutional amendment and the charters under which the several municipalities exist, and that the answers to the questions propounded will necessarily provide for the orderly administration of government in Dade County. Plaintiff charges that the Home Rule Charter constitutes a threat to the continued exercise of the powers, duties and functions confided to plaintiff by its municipal charter (chapter 26086, Special Acts of 1949, Laws of Florida).

Article VIII, section 11 (vii) of the Florida constitution (which is designated as Section 11 (1) (g) in Florida Statutes 1957 and Florida Statutes Annotated), referred to in the first question, provides that the Home Rule Charter — “Shall provide a method by which each municipal corporation shall 'have the power to make, amend or repeal its own charter. Upon adoption of this home rule charter by the electors this method shall foe exclusive and the Legislature shall have no power to amend or repeal the charter of any municipal corporation in Dade County.”

Plaintiff challenges the validity of section 1.01A (4), 1.01 A (18), 5.01, 5.02, and 8.04 of the Home Rule Charter upon the ground that the charter provisions are either in derogation of, and in conflict with, the constitutional amendment, particularly section 11 (1) (g), above quoted; or that the charter provisions are repugnant and inconsistent with each other. Plaintiff urges that the county commission, in the exercise of its powers relating to municipalities, is limited and restricted to setting minimum standards in accordance with section 1.01 A (18) of the charter.

The charter provisions under consideration vest in the county commission, as the legislative and governing body of Dade County, the power and authority to —

Section 1.01 A (4).
Provide central records, training, and communications for fire and police .protection; provide traffic control and central crime investigation; [172]*172provide fire stations, jails, and related facilities; and subject to Section 1.01 A (18) provide a uniform system for fire and police protection.
Section 1.01 A (18).
Set reasonable minimum standards for all governmental unitp in the county for the performance of any service or function. The standards shall not be discriminatory as between similar areas. If a governmental unit fails to comply with such standards, and does not correct such failure after reasonable notice by the Board, then the Board may take over and perform, regulate, or grant franchises to operate any such service. The Board may also take over and operate, or grant franchises to operate any municipal service if:
(a) In an election called by the Board of County Commissioners within the municipality a majority of those voting vote in favor of turning the service over to the county; or
(b) The governing body of the municipality requests the county to take over the service by a two-thirds vote of its members, or by referendum.
Section 5.01. Continuance of Municipalities.
The municipalities in the county shall remain in existence so long as their electors desire. No municipality in the county shall be abolished without approval of a majority of its electors voting in an election called for that purpose. The right of self determination in local affairs is reserved and preserved to the municipalities except as otherwise provided in this Charter.
Section 5.02. Municipal Powers.
Each municipality shall have the authority to exercise all powers relating to its local affairs not inconsistent with this Charter. Each municipality may provide for higher standards of zoning, service, and regulation than those provided by the Board of County Commissioners in order that its individual character and standards may be preserved for its citizens.

Section 8.04 of the Home Rule Charter provides as follows:

Section 8.04 Supremacy Clause
A. This Charter and the ordinances adopted hereunder shall in cases of conflict supersede all municipal charters and ordinances, except as herein provided, and where authorized by the Constitution, shall in cases of conflict supersede all special and general laws of the state.
B. All other special and general laws and county ordinances and rules and regulations not inconsistent with this Charter shall continue in effect until they are superseded by ordinance adopted by the Board pursuant to this Charter and the Constitution.

The defendants, by cross-complaint for declaratory decree, seek a declaration of the rights, status and relationship of the Metropolitan Court of Dade County in respect to the trial of traffic offenses committed under the Metropolitan Traffic Ordinance adopted by [173]

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Related

State ex rel. Bazso v. Fox
18 Fla. Supp. 183 (Miami-Dade County Circuit Court, 1961)
Dade County v. City of Miami Beach
16 Fla. Supp. 145 (Miami-Dade County Circuit Court, 1960)
State v. Zito
13 Fla. Supp. 141 (Miami-Dade County Circuit Court, 1958)

Cite This Page — Counsel Stack

Bluebook (online)
12 Fla. Supp. 168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miami-shores-village-v-county-commissioners-flacirct11mia-1958.