Sarasota County v. Town of Longboat Key

355 So. 2d 1197
CourtSupreme Court of Florida
DecidedJanuary 19, 1978
Docket52214
StatusPublished
Cited by20 cases

This text of 355 So. 2d 1197 (Sarasota County v. Town of Longboat Key) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sarasota County v. Town of Longboat Key, 355 So. 2d 1197 (Fla. 1978).

Opinion

355 So.2d 1197 (1978)

SARASOTA COUNTY, Florida, and Mary J. Orr, As Supervisor of Elections, Appellants,
v.
TOWN OF LONGBOAT KEY, Florida, City of Sarasota, Florida, City of Venice, Florida, and City of North Port, Florida, Appellees.

No. 52214.

Supreme Court of Florida.

January 19, 1978.
Rehearing Denied March 16, 1978.

*1198 Richard E. Nelson, Richard L. Smith and Leslie Telford, of Nelson, Hesse, Cyril & Weber, Sarasota, and Talbot D'Alemberte and Donald M. Middlebrooks, of Steel, Hector & Davis, Miami, for appellants.

John R. Wood and I.W. Whitesell, Jr., of Wood, Whitesell & Karp, Sarasota, for Town of Longboat Key.

William C. Strode and William M. Hereford, of Strode, Hereford & Taylor, Sarasota, for City of Sarasota.

Charles F. Wheeler, of Korp & Wheeler, Venice, for City of Venice.

Allen J. Levin, Port Charlotte, for City of North Port, appellees.

Ralph A. Marsicano, Gen. Counsel, for Florida League of Cities, Inc., Tampa.

Burton M. Michaels, Staff Atty. for Florida League of Cities, Inc., Tallahassee, amicus curiae.

ENGLAND, Justice.

The Sarasota County Commission adopted an ordinance proposing five amendments to the county charter which would transfer the responsibilities for performing five distinct governmental functions from four Sarasota County cities to the county.[1] Four of the affected cities challenged the proposed amendments in court before they could be voted on by the residents of Sarasota County,[2] and in due course they obtained from the Twelfth Judicial Circuit Court a permanent injunction prohibiting the referendum on the dual grounds that the ordinance attempts an unconstitutional "consolidation" in violation of Article VIII, Section 3 of the Florida Constitution, and is unconstitutionally vague.[3] Inasmuch as the trial court construed a provision of the Constitution, appeal of the trial court's ruling to this Court is appropriate.[4]

The five proposed amendments adopted by the County Commission are identical in their terminology except for the delineation of the different services and functions in each. The first reads:

"Section 1.4: Consolidation of Air and Water Pollution Control Services and Functions.
Notwithstanding any other provision of this Charter, all municipal air and water pollution control services and functions and all county air and water pollution control services and functions shall be consolidated and provided by this county government. The Board of County Commissioners shall have power to carry out and enforce this section by appropriate ordinances which, notwithstanding any other provision of this Charter, shall prevail over any municipal ordinances in conflict therewith."

*1199 Significant principles of local government autonomy are at stake in this proceeding. The cities seek to enjoin a voter referendum on these amendments out of a general concern that municipalities could be effectively abolished if a county government were free to propose for county-wide voter approval, and without the separate approval of the affected municipality's voters, the transfer of city functions to the county level of government.[5] The respective concerns of the cities and the county quite naturally implicate several provisions of the Florida Constitution.

At the heart of this controversy is Article VIII, Section 3 of the Florida Constitution, entitled "Consolidation", which describes the manner in which the governments of counties and municipalities may be consolidated.[6] Of equal importance in our consideration of the issues presented is Article VIII, Section 4 of the Florida Constitution, entitled "Transfer of powers", which specifies the method by which any function or power of a county or municipality may be transferred to or performed by another governmental unit.[7] Also relevant to these proceedings are subsections 1(f) and 1(g) of Article VIII, Florida Constitution, which define the limit of powers for non-charter and charter governments, respectively.[8]

The major contentions of the parties are more easily understood if each is discussed separately.

1. Does the ordinance propose a "consolidation" under Article VIII, Section 3?

The trial judge enjoined a county-wide voter referendum of the five amendments on the grounds that a "consolidation" of municipal services into the county would result, and that the amendments obviously do not comport with the requirement of Article VIII, Section 3 to the effect that consolidation must be proposed by "special law". We disagree with the trial court's premise, for despite their denomination by the Sarasota County Commission as "consolidation" amendments, it is apparent that the proposed amendments do not effect a consolidation within the meaning of Article VIII, Section 3. The process provided in that provision is the unification of the government of a county and the government of one or more municipalities "into a single government", which would then exercise the powers previously held by both or all of the consolidated units. This provision of the Constitution applies only when one or more of the underlying governments disappears *1200 or is merged into the government of the surviving unit.[9]

2. Is the ordinance unconstitutionally vague?

The trial judge specifically held that the proposed charter amendments were vague, in that they did not specify the manner in which property, services or functions would be transferred from the cities to the county. Although it is true that the proposed amendments provide no roadmap for the assignment of functions or the transfer of property or monies as between the municipalities and the county, we do not find that omission to be a basis to strike them as unconstitutionally vague. The amendments are not self-executing. They specifically provide that additional ordinances will be adopted to implement the proposal when and if the voters of the county approve the transfers. We think it is permissible to proceed in this fashion, and that the orderly processes of government initially require no more than a determination of the proper place for the functions to be assigned. To require that details be precisely defined before the voters may approve a transfer of functions would burden county commissions with potentially unnecessary minutiae which, even at the approval stage, might require additional litigation.[10] The amendments are not "clearly and conclusively defective" by reason of vagueness.[11]

3. Does the ordinance constitute an attempted transfer of powers under Article VIII, Section 4?

The trial judge did not expressly rule on the cities' contention that the County Commission has essentially proposed a transfer of powers, a procedure governed by Article VIII, Section 4 of the Constitution. The municipalities, joined by the Florida League of Cities, reassert that argument here. None of the parties seriously disputes the notion that this proceeding really involves a proposed transfer of functions between different units of government. The cities simply claim that the county's ordinance does not comply with Article VIII, Section 4 since it was initiated neither "by law" nor by resolution of all affected governments.

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