Government of Florida
Encyclopedia
The government of Florida is a constitutional republic
with three branches of government
, including the executive branch consisting of the Governor of Florida and the other elected and appointed constitutional officers; the legislative branch, the Florida Legislature
, consisting of the Senate and House, as well as other functions such as state auditors and the utility-regulating Public Service Commission; and the judicial branch consisting of the Supreme Court of Florida and lower courts. The state also allows direct participation
of the electorate by initiative
, referendum
, and ratification
.
Florida's capital is Tallahassee
, located in Northeastern Leon County
. The Florida State Capitol
is located in the downtown Tallahassee, housing the executive and legislative offices as well as the state's legislative chambers.
. The state of Florida
is a democratic constitutional republic. The Florida Constitution defines the basic structures and operation of the government, its duties, responsibilities, and powers, and establishes the basic law of the state and guarantees various rights and freedoms of the people. Florida's first constitution was implemented as a U.S. territory and written in 1838, and on March 3, 1845, Florida was granted admission into the union as the 27th state. Throughout its history, Florida has been ruled by six different constitutions. The current Constitution of Florida was ratified on November 5, 1968, and modified by initiative and referendum several times since.
Article V of the Florida Constitution, relating to the Judicial Branch, was not included in the 1968 revision. Not until 1971 in a special session, did the Legislature pass Senate Joint Resolution 52-D proposing to the voters the "modern" Article V.
Power in Florida is divided among three branches of government: executive, legislative, and judicial. The state delegates non-exclusive power to local municipal and county governments. However, home-rule charters can be established which provide significant local autonomy over the structure and operation of those governments.
Sovereign immunity
laws ensure that action cannot be brought against the Florida government for more than $200,000, with an exception for breach of contract
cases. Specifically, section 768.28, Florida Statutes, is a limited waiver of the state's sovereign immunity. It provides that neither the state nor its agencies or subdivisions is liable to pay a tort claim or a judgment by any one person over $100,000 or any claim or judgment over $200,000, when totaled with all other claims paid by the state or its agencies or subdivisions arising out of the same incident. The Supreme Court recognized the exception for breach of contract cases. The Court noted that the statutory waiver of sovereign immunity is related to torts and there is no analogous waiver in contract, but that the Legislature, by law, had authorized state entities to enter into contracts, so "the legislature has clearly intended that such contracts be valid and binding on both parties."
The Florida Constitution mandates a bicameral state legislature, consisting of a Florida Senate
of 40 members and a Florida House of Representatives
of 120 members. The two bodies meet in the Florida State Capitol. The Florida House of Representative members serve for two-year terms, while Florida Senate members serve staggered four-year terms, with 20 Senators up for election every two years. Members of both houses are term limited to serve a maximum of eight years.
The legislature's session is part-time, meeting for 60-day regular sessions annually. The regular session of the Florida Legislature commences on the first Tuesday after the first Monday in March with the Governor's State of the State speech before a joint session and ends on the last Friday in April or the first Friday in May. The Florida Legislature often meets in special sessions, sometimes as many as a half dozen in a year, that are called for particular purposes, such as budget reduction or reforming property insurance. A special session may be called by the governor, by joint proclamation of the Speaker of the House and Senate President or by three-fifths vote of the members of both houses. Outside of these regular and special sessions, the members of both houses participate in county delegation meetings and interim committee meetings throughout the year, mostly from November to February in advance of the regular session.
, Florida Cabinet
(which includes the Attorney General, Commissioner of Agriculture and Chief Financial Officer
), and several executive departments. Each office term is limited for two four-year terms.
The state had about 122,000 employees in 2010.
, referred to as the "State of the State Address", regarding the condition and operation of the state government and to suggest new legislation. The Governor is elected by popular election every four years, and may serve a maximum of two terms. The 45th Governor of Florida is Rick Scott, who was elected on November 2, 2010
. As defined in the Florida Constitution, the Attorney General appoints a statewide prosecutor who may prosecute violations of criminal law occurring in or affecting two or more judicial circuits. The current Attorney General of Florida is Pam Bondi
. She was elected to the position on November 2, 2010. She is responsible for the Department of Legal Affairs.
(FDACS). The current commissioner is Adam Putnam
, who was elected on November 2, 2010.
Florida's state court system, officially titled the Florida State Courts System, was unified by a 1973 constitutional amendment.
The system consists of:
The Chief Justice of the Florida Supreme Court serves as the chief administrative officer
of the entire branch. The Office of the State Courts Administrator, largely housed in the Supreme Court Building in Tallahassee, assists the Chief Justice in administering the courts.
County courts have original jurisdiction
over misdemeanor
criminal cases
and in civil cases
whose value in controversy does not exceed $15,000. Circuit courts have original jurisdiction over felony
criminal cases and civil cases whose value in controversy is $15,000 or greater, as well as in domestic relations
, juvenile dependency, juvenile delinquency
, and probate
matters. Miami-Dade
, Broward
, Monroe
, Palm Beach
and Hillsborough
are the only counties that are coterminous with their respective judicial circuits. In the rest of the state, a single judicial circuit encompasses multiple counties within its jurisdiction.
Chief judges of the District Courts of Appeals and of the circuit courts retain substantial authority over the day-to-day operation of their courts. The chief judges of the 20 circuit courts also supervise the judges of the county courts within their jurisdictions. The circuit and county courts are where trials occur.
The right to a single appeal to one of the District Courts of Appeal is guaranteed in most circumstances. Further appeals to the Florida Supreme Court are available as matter of right only in limited circumstances. If an appeal to the Supreme Court is not available as a matter of right, a party can still petition for discretionary review, though only a fraction of these petitions are granted. Supreme Court decisions and case law
are binding upon all Florida courts. The decisions and case law precedent of each District Court of Appeal are binding upon all circuit and county courts within that district's jurisdiction. Case law and decisions from another District Court of Appeal are persuasive and often cited within the courts of other appellate districts, but are not binding precedent in those other districts unless no other Florida appellate court has addressed the issue in question. In the event of conflict between the precedent of different District Courts of Appeal, county and circuit courts must adhere to the case law of their own district. District courts of appeal may recede from certain case law and precedent in subsequent decisions, or the Supreme Court may overrule a district court's precedent in favor of conflicting case law from another district.
Local governments are established by the government of Florida and are given varying amounts of non-exclusive authority over their jurisdictions. The law governing the creation of these governments is contained both within the Florida Constitution and Florida Statutes. Local governments are incorporated in Florida by special acts of the Florida Legislature. There are four types of local governments in Florida: counties, municipalities, school districts, and special districts.
Both counties and cities may have a legislative branch (commissions or councils) and executive branch (mayor or manager) and local police, but violations are brought before a county court. Counties and municipalities are authorized to pass laws (ordinances), levy taxes, and provide public services within their jurisdictions. All areas of Florida are located within a county, but only some areas have been incorporated
into municipalities. All municipalities are located within a county and the county jurisdiction overlays the municipal jurisdiction. Usually, if there is a conflict between a county ordinance and a municipal ordinance, the municipal ordinance has precedence within the municipality's borders; however, the overlaying county's ordinances have precedence if the overlaying county has been designated a charter county by the Florida Legislature.
Counties and municipalities may create community development agencies which may take part of the money from taxes on increases in property values from their area of interest. They then use the money received in reinvestment (improvements) in the area.
, with most of Florida's counties named for local or national political leaders. Some are named for Spanish
explorers or conquistador
s, marking the influence of 200 years of Spanish rule. Natural features of the region, including rivers, lakes, and flora, are also commonly used for county names. Florida has counties named for participants on both sides of Second Seminole War
: Miami-Dade County
is partially named for Francis L. Dade
, a Major in the U.S. Army at the time; Osceola County
is named for a Native American
resistance leader during the war.
Each county has officers considered "state" officers, which are elected locally, their offices and salaries paid locally, but who can be removed or replaced by the governor, and not locally. These are the Sheriff
, State Attorney, Public Defender
, Tax Collector
, County Clerk, a county Appraiser who established the value of real estate for tax purposes, and county judge
s.
Each sheriff operates under Florida Statute 30.15.
By State Law there is one school district comprising each of the counties in Florida.
To provide liquidity to the counties when tax bills are not paid, there is a tax lien
and tax deed sale
process. Once a lien, purchased at auction, has been outstanding for two years (technically, April 1 of the second year following the date when the tax lien was originally offered for sale), the tax lien holder may petition the circuit court (via the county tax collector) to begin the process for the forced sale of the property.
In some cases, such as Jacksonville, the municipal and county governments have merged into a consolidated government. In Jacksonville, the municipal government has taken over the responsibilities normally given to the county government, Duval County
in this case. However, smaller municipal governments can be created inside of a consolidated municipality/county, which happened in Jacksonville.
Local government is not required to pay for health care insurance for government retirees. As of 2010, none do.
In 2011, researchers at Florida State University
said that Florida's cities and counties have promised pensions they cannot afford. Pension obligations constituted 8% of total spending by local governments in 2009.
, requiring the state not to have a budget deficit. The requirement for a balanced budget does not appear as such in the Florida Constitution. Article VII, Section 1(d), Florida Constitution, provides: "Provision shall be made by law for raising sufficient revenue to defray the expenses of the state for each fiscal period." Article III, Section 19(a), Florida Constitution, provides for "Annual Budgeting." These two provisions, when read together, form the basis for the balanced annual budget requirement.
Florida's state budget is funded one-third from General Revenue and two-thirds from hundreds of trust funds. The General Revenue portion of Florida's state budget is funded primarily by sales tax
, while local governments also have their own respective budgets funded primarily by property taxes. The annual state budget is constructed by the legislature and signed into law by the governor who administers it. The state budget for 2008-9 was $66 billion.
In 2008, the state was one of four which had fully funded pension systems for government employees, including teachers. There are five classes of state employees for pension investment: Regular and Special Risk Administrative employees accrue retirement benefits at 1.6%-1.68% per year; Senior Management, 2%; Special Risk employees, such as police and firefighters, 3%; and elected officers, including judges and legislative at 3% to 3.3%. The higher rate for the latter is to encourage early retirement. In 2010 there were 304,000 state retirees and 655,000 active employees. The average teacher's retirement check is $1,868 monthly. The average regular class retiree gets $970 per month.
Florida is one of the nine states that do not impose a personal income tax
(list of others
). The state had imposed a tax on "intangible personal property" (stocks, bonds, mutual funds, money market funds, etc.), but this tax was abolished after 2006. The state sales tax
rate is 6%. Local governments may levy an additional local option sales tax of up to 1.5%. A locale's use tax
rate is the same as its sales tax rate, including local options, if any. Use taxes are payable for purchases made out of state and brought into Florida within six months of the purchase date. Documentary stamps
are required on deed transfers and mortgages. Other taxes include corporate income, communication services, unemployment, solid waste, insurance premium, pollutants, and various fuel taxes.
In 2011, Medicaid
costs were 20% of the budget. These are mandated by the federal government. While the state administers the program, it has no actual control over expenses. From 2000 to 2010, Medicaid costs rose from $8 billion to $18 billion.
Education costs were 30% of the budget.
The $70 billion budget for 2010-11 contained the following allocations:
In 2011, illegal immigrants were estimated to cost the Florida government $700 million. This included $548 million for children (excluding American-born children of undocumented aliens). Average student cost is $9,035. There are an estimated 60,750 illegal immigrant children of school age. There are 5,641 illegals in Florida prisons at an average cost of $18,980 annually, for a total of $107 million. A 2003 study indicated unpaid hospital costs of $40 million annually.
High level state officers use one of two airplanes to get around Florida. Flights take 90 minutes to get from the capital at Tallahassee to Miami. In February 2011, Governor Scott directed the sale of both airplanes.
Constitutional republic
A constitutional republic is a state in which the head of state and other officials are representatives of the people and must govern according to existing constitutional law that limits the government's power over all of its citizens...
with three branches of government
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
, including the executive branch consisting of the Governor of Florida and the other elected and appointed constitutional officers; the legislative branch, the Florida Legislature
Florida Legislature
The Florida State Legislature is the term often used to refer to the two houses that act as the state legislature of the U.S. state of Florida. The Florida Constitution states that "The legislative power of the state shall be vested in a legislature of the State of Florida," composed of a Senate...
, consisting of the Senate and House, as well as other functions such as state auditors and the utility-regulating Public Service Commission; and the judicial branch consisting of the Supreme Court of Florida and lower courts. The state also allows direct participation
Direct democracy
Direct democracy is a form of government in which people vote on policy initiatives directly, as opposed to a representative democracy in which people vote for representatives who then vote on policy initiatives. Direct democracy is classically termed "pure democracy"...
of the electorate by initiative
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
, referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
, and ratification
Ratification
Ratification is a principal's approval of an act of its agent where the agent lacked authority to legally bind the principal. The term applies to private contract law, international treaties, and constitutionals in federations such as the United States and Canada.- Private law :In contract law, the...
.
Florida's capital is Tallahassee
Tallahassee, Florida
Tallahassee is the capital of the U.S. state of Florida. It is the county seat and only incorporated municipality in Leon County, and is the 128th largest city in the United States. Tallahassee became the capital of Florida, then the Florida Territory, in 1824. In 2010, the population recorded by...
, located in Northeastern Leon County
Leon County, Florida
Leon County is a county located in the state of Florida, named after the Spanish explorer Juan Ponce de León. At the 2010 Census, the population was 275,487. The county seat of Leon County is Tallahassee which also serves as the state capital. The county seat is home to two of Florida's major...
. The Florida State Capitol
Florida State Capitol
The Florida State Capitol, in Tallahassee, Florida, USA, is the state capitol of the U.S. state of Florida. The building is an architecturally and historically significant building, having been listed on the National Register of Historic Places....
is located in the downtown Tallahassee, housing the executive and legislative offices as well as the state's legislative chambers.
Constitution and laws
The government of the state of Florida is established and operated according to the Florida ConstitutionFlorida Constitution
The Constitution of the State of Florida is the document that establishes and describes the duties, powers, structure and function of the government of the U.S. state of Florida, and establishes the basic law of the state....
. The state of Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
is a democratic constitutional republic. The Florida Constitution defines the basic structures and operation of the government, its duties, responsibilities, and powers, and establishes the basic law of the state and guarantees various rights and freedoms of the people. Florida's first constitution was implemented as a U.S. territory and written in 1838, and on March 3, 1845, Florida was granted admission into the union as the 27th state. Throughout its history, Florida has been ruled by six different constitutions. The current Constitution of Florida was ratified on November 5, 1968, and modified by initiative and referendum several times since.
Article V of the Florida Constitution, relating to the Judicial Branch, was not included in the 1968 revision. Not until 1971 in a special session, did the Legislature pass Senate Joint Resolution 52-D proposing to the voters the "modern" Article V.
Power in Florida is divided among three branches of government: executive, legislative, and judicial. The state delegates non-exclusive power to local municipal and county governments. However, home-rule charters can be established which provide significant local autonomy over the structure and operation of those governments.
Sovereign immunity
Sovereign immunity
Sovereign immunity, or crown immunity, is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution....
laws ensure that action cannot be brought against the Florida government for more than $200,000, with an exception for breach of contract
Breach of contract
Breach of contract is a legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance....
cases. Specifically, section 768.28, Florida Statutes, is a limited waiver of the state's sovereign immunity. It provides that neither the state nor its agencies or subdivisions is liable to pay a tort claim or a judgment by any one person over $100,000 or any claim or judgment over $200,000, when totaled with all other claims paid by the state or its agencies or subdivisions arising out of the same incident. The Supreme Court recognized the exception for breach of contract cases. The Court noted that the statutory waiver of sovereign immunity is related to torts and there is no analogous waiver in contract, but that the Legislature, by law, had authorized state entities to enter into contracts, so "the legislature has clearly intended that such contracts be valid and binding on both parties."
Legislative branch
The Florida Constitution mandates a bicameral state legislature, consisting of a Florida Senate
Florida Senate
The Florida Senate is the upper house of the Florida Legislature, the state legislature of the U.S. state of Florida. The Senate is composed of 40 members representing an equal number of districts, with each district having an average population of 470,032....
of 40 members and a Florida House of Representatives
Florida House of Representatives
The Florida House of Representatives is the lower house of the Florida Legislature, the state legislature of the U.S. state of Florida. The House is composed of 120 members representing an equal number of districts, with each district having an average population of 156,677.The House convenes at...
of 120 members. The two bodies meet in the Florida State Capitol. The Florida House of Representative members serve for two-year terms, while Florida Senate members serve staggered four-year terms, with 20 Senators up for election every two years. Members of both houses are term limited to serve a maximum of eight years.
The legislature's session is part-time, meeting for 60-day regular sessions annually. The regular session of the Florida Legislature commences on the first Tuesday after the first Monday in March with the Governor's State of the State speech before a joint session and ends on the last Friday in April or the first Friday in May. The Florida Legislature often meets in special sessions, sometimes as many as a half dozen in a year, that are called for particular purposes, such as budget reduction or reforming property insurance. A special session may be called by the governor, by joint proclamation of the Speaker of the House and Senate President or by three-fifths vote of the members of both houses. Outside of these regular and special sessions, the members of both houses participate in county delegation meetings and interim committee meetings throughout the year, mostly from November to February in advance of the regular session.
Executive branch
The executive branch of the government of Florida consists of the Governor, Lieutenant GovernorLieutenant Governor of Florida
The Lieutenant Governor of Florida is a statewide elected office in the government of the U.S. state of Florida. According to the Florida Constitution, the lieutenant governor is elected to a four-year term congruent with that of the Governor of Florida, and succeeds to the office of Governor if it...
, Florida Cabinet
Florida Cabinet
The Florida Cabinet is a body of the government of Florida that engages in the collective governance of the state.Created following Reconstruction, when there had been a widespread distrust of the governors appointed by the federal government, the cabinet was designed to decentralize authority from...
(which includes the Attorney General, Commissioner of Agriculture and Chief Financial Officer
Chief Financial Officer of Florida
The Chief Financial Officer of Florida is a statewide constitutional officer of Florida. The office was created in 2002 following the 1998 reforms of the Florida Cabinet....
), and several executive departments. Each office term is limited for two four-year terms.
The state had about 122,000 employees in 2010.
Governor
The Governor of Florida is the chief executive of the government of Florida and the chief administrative officer of the state responsible for the planning and budgeting for the state, and serves as chair when the Governor and the Florida Cabinet sit as a decision-making body in various constitutional roles. The Governor has the power to execute Florida's laws and to call out the state militia to preserve the public peace, being Commander-in-Chief of the state's military forces that not in active service of the United States. At least once every legislative session, the Governor is required to deliver an address to the Florida LegislatureFlorida Legislature
The Florida State Legislature is the term often used to refer to the two houses that act as the state legislature of the U.S. state of Florida. The Florida Constitution states that "The legislative power of the state shall be vested in a legislature of the State of Florida," composed of a Senate...
, referred to as the "State of the State Address", regarding the condition and operation of the state government and to suggest new legislation. The Governor is elected by popular election every four years, and may serve a maximum of two terms. The 45th Governor of Florida is Rick Scott, who was elected on November 2, 2010
Cabinet
Florida is unique among U.S. states in having a strong cabinet-style government. Members of the Florida Cabinet are independently elected, and have equal footing with the Governor on issues under the Cabinet's jurisdiction. The Cabinet consists of the Attorney General, the Commissioner of Agriculture and the Chief Financial Officer. Along with the Governor, each member carries one vote in the decision making process. In the event of a tie, the side of the Governor is the prevailing side. Cabinet elections are held every four years, on even numbered years not divisible by four (such as 2002, 2006, etc.).Attorney General
The Attorney General is the state's chief legal officerChief Legal Officer
A chief legal officer is the highest-ranking corporate officer concerning legal affairs of a corporation or agency. Chief legal officers typically hold the title of general counsel.- Skill requirements :...
. As defined in the Florida Constitution, the Attorney General appoints a statewide prosecutor who may prosecute violations of criminal law occurring in or affecting two or more judicial circuits. The current Attorney General of Florida is Pam Bondi
Pam Bondi
Pamela Jo Bondi is the current Attorney General of Florida.-Early life and education:Bondi's hometown is Temple Terrace, Florida. Her father, Joseph Bondi, was a City Councilman and then Mayor of Temple Terrace. She is a graduate of C. Leon King High School in Tampa, Florida...
. She was elected to the position on November 2, 2010. She is responsible for the Department of Legal Affairs.
Chief Financial Officer
The duties as defined under the Constitution of Florida of the Chief Financial Officer include monitoring the states finances and fiscal well being, auditing and assuring that state programs are properly spending money and overseeing the proper management of the revenue and spending of the state. The current Chief Financial Officer is Jeff Atwater, Republican, who was elected on November 2, 2010.Commissioner of Agriculture
The Commissioner of Agriculture is the head of the Florida Department of Agriculture and Consumer ServicesFlorida Department of Agriculture and Consumer Services
The Florida Department of Agriculture and Consumer Services is an executive department of the government of Florida.The Commissioner of Agriculture is the head of the department...
(FDACS). The current commissioner is Adam Putnam
Adam Putnam
Adam H. Putnam is the current Florida Commissioner of Agriculture and the former U.S. Representative for , serving from 2001 until 2011. He is a member of the Republican Party.-Early life, education and career:...
, who was elected on November 2, 2010.
Agencies and departments
Executive branch agencies and departments:
|
|
Judicial branch
The system consists of:
- The Florida Supreme CourtFlorida Supreme CourtThe Supreme Court of the State of Florida is the highest court in the U.S. state of Florida. The Supreme Court consists of seven judges: the Chief Justice and six Justices who are appointed by the Governor to 6-year terms and remain in office if retained in a general election near the end of each...
, the state supreme court; and - The five District Courts of AppealFlorida District Courts of AppealThe Florida District Courts of Appeal are the intermediate appellate courts of the Florida state court system. There are five DCAs:*The First District Court of Appeal is headquartered in Tallahassee...
, which are intermediate appellate courtsAppellate courtAn appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
. These are the First District Court of AppealFlorida First District Court of AppealThe Florida First District Court of Appeal, also known as the First DCA, is headquartered in Tallahassee, Florida. It is unique among the five Florida District Courts of Appeal in that, much like the U.S. Court of Appeals for the D.C. Circuit at the federal level, it handles most of the appeals in...
(headquartered in Tallahassee), the Second District Court of AppealFlorida Second District Court of AppealThe Florida Second District Court of Appeal is headquartered in Lakeland, Florida and has a branch in Tampa.-History:The initial territorial jurisdiction of the Second District, with its headquarters in Lakeland, encompassed twenty-eight counties, ranging from Lake County in the north, to Collier...
(headquartered in LakelandLakeland, FloridaLakeland is a city in Polk County, Florida, United States, located approximately midway between Tampa and Orlando along Interstate 4. According to the 2008 U.S. Census Bureau estimate, the city had a population of 94,406...
and with a branch in TampaTampa, FloridaTampa is a city in the U.S. state of Florida. It serves as the county seat for Hillsborough County. Tampa is located on the west coast of Florida. The population of Tampa in 2010 was 335,709....
), the Third District Court of AppealFlorida Third District Court of AppealThe Florida Third District Court of Appeal is headquartered in Miami, Florida. Its ten judges have jurisdiction over cases arising from Miami-Dade Monroe Counties.-History:...
(headquartered in MiamiMiami, FloridaMiami is a city located on the Atlantic coast in southeastern Florida and the county seat of Miami-Dade County, the most populous county in Florida and the eighth-most populous county in the United States with a population of 2,500,625...
), the Fourth District Court of AppealFlorida Fourth District Court of AppealThe Florida Fourth District Court of Appeal is headquartered in West Palm Beach, Florida. Its twelve judges have jurisdiction over cases arising in Palm Beach County, Broward County, St. Lucie County, Martin County, Indian River County, and Okeechobee County....
(headquartered in West Palm BeachWest Palm Beach, FloridaWest Palm Beach, is a city located on the Atlantic coast in southeastern Florida and is the most populous city in and county seat of Palm Beach County, the third most populous county in Florida with a 2010 population of 1,320,134. The city is also the oldest incorporated municipality in South Florida...
), and the Fifth District Court of AppealFlorida Fifth District Court of AppealThe Florida Fifth District Court of Appeal is headquartered in Daytona Beach, Florida.-History:The Fifth District Court of Appeal was created by the 1979 session of the Florida Legislature.-Chief Judges:...
(headquartered in Daytona BeachDaytona Beach, FloridaDaytona Beach is a city in Volusia County, Florida, USA. According to 2008 U.S. Census Bureau estimates, the city has a population of 64,211. Daytona Beach is a principal city of the Deltona – Daytona Beach – Ormond Beach, Florida Metropolitan Statistical Area, which the census bureau estimated had...
); and - Two forms of trial courtTrial courtA trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.- In the United States :...
s: 20 circuit courtsFlorida Circuit CourtsThe Florida Circuit Courts are state courts. They are trial courts of original jurisdiction for most controversies. In Florida, the circuit courts are one of four types of courts created by the Florida Constitution .The Circuit Courts primarily handle civil cases where...
and 67 county courts, one for each of Florida counties.
The Chief Justice of the Florida Supreme Court serves as the chief administrative officer
Chief administrative officer
A chief administrative officer is responsible for administrative management of private, public or governmental corporations. The CAO is one of the highest ranking members of an organization, managing daily operations and usually reporting directly to the chief executive officer. In some companies,...
of the entire branch. The Office of the State Courts Administrator, largely housed in the Supreme Court Building in Tallahassee, assists the Chief Justice in administering the courts.
County courts have original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
over misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
criminal cases
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
and in civil cases
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
whose value in controversy does not exceed $15,000. Circuit courts have original jurisdiction over felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
criminal cases and civil cases whose value in controversy is $15,000 or greater, as well as in domestic relations
Domestic relations
In the common law tradition, the law of domestic relations is a broad category that encompasses:* divorce;* property settlements;* alimony, spousal support, or other maintenance;* the establishment of paternity;...
, juvenile dependency, juvenile delinquency
Juvenile delinquency
Juvenile delinquency is participation in illegal behavior by minors who fall under a statutory age limit. Most legal systems prescribe specific procedures for dealing with juveniles, such as juvenile detention centers. There are a multitude of different theories on the causes of crime, most if not...
, and probate
Probate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
matters. Miami-Dade
Miami-Dade County, Florida
Miami-Dade County is a county located in the southeastern part of the state of Florida. As of 2010 U.S. Census, the county had a population of 2,496,435, making it the most populous county in Florida and the eighth-most populous county in the United States...
, Broward
Broward County, Florida
-2000 Census:As of the census of 2000, there were 1,623,018 people, 654,445 households, and 411,645 families residing in the county. The population density was 1,346 people per square mile . There were 741,043 housing units at an average density of 615 per square mile...
, Monroe
Monroe County, Florida
Monroe County is a county located in the state of Florida. As of 2000, the population was 79,589. The U.S. Census Bureau 2006 estimate for the county was 74,737....
, Palm Beach
Palm Beach County, Florida
Palm Beach County is the largest county in the state of Florida in total area, and third in population. As of 2010, the county's estimated population was 1,320,134, making it the twenty-eighth most populous in the United States...
and Hillsborough
Hillsborough County, Florida
As of the census of 2000, there were 998,948 people, 391,357 households, and 255,164 families residing in the county. The population density was 951 people per square mile . There were 425,962 housing units at an average density of 405 per square mile...
are the only counties that are coterminous with their respective judicial circuits. In the rest of the state, a single judicial circuit encompasses multiple counties within its jurisdiction.
Chief judges of the District Courts of Appeals and of the circuit courts retain substantial authority over the day-to-day operation of their courts. The chief judges of the 20 circuit courts also supervise the judges of the county courts within their jurisdictions. The circuit and county courts are where trials occur.
The right to a single appeal to one of the District Courts of Appeal is guaranteed in most circumstances. Further appeals to the Florida Supreme Court are available as matter of right only in limited circumstances. If an appeal to the Supreme Court is not available as a matter of right, a party can still petition for discretionary review, though only a fraction of these petitions are granted. Supreme Court decisions and case law
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
are binding upon all Florida courts. The decisions and case law precedent of each District Court of Appeal are binding upon all circuit and county courts within that district's jurisdiction. Case law and decisions from another District Court of Appeal are persuasive and often cited within the courts of other appellate districts, but are not binding precedent in those other districts unless no other Florida appellate court has addressed the issue in question. In the event of conflict between the precedent of different District Courts of Appeal, county and circuit courts must adhere to the case law of their own district. District courts of appeal may recede from certain case law and precedent in subsequent decisions, or the Supreme Court may overrule a district court's precedent in favor of conflicting case law from another district.
Local governments
Local governments are established by the government of Florida and are given varying amounts of non-exclusive authority over their jurisdictions. The law governing the creation of these governments is contained both within the Florida Constitution and Florida Statutes. Local governments are incorporated in Florida by special acts of the Florida Legislature. There are four types of local governments in Florida: counties, municipalities, school districts, and special districts.
Both counties and cities may have a legislative branch (commissions or councils) and executive branch (mayor or manager) and local police, but violations are brought before a county court. Counties and municipalities are authorized to pass laws (ordinances), levy taxes, and provide public services within their jurisdictions. All areas of Florida are located within a county, but only some areas have been incorporated
Municipal corporation
A municipal corporation is the legal term for a local governing body, including cities, counties, towns, townships, charter townships, villages, and boroughs. Municipal incorporation occurs when such municipalities become self-governing entities under the laws of the state or province in which...
into municipalities. All municipalities are located within a county and the county jurisdiction overlays the municipal jurisdiction. Usually, if there is a conflict between a county ordinance and a municipal ordinance, the municipal ordinance has precedence within the municipality's borders; however, the overlaying county's ordinances have precedence if the overlaying county has been designated a charter county by the Florida Legislature.
Counties and municipalities may create community development agencies which may take part of the money from taxes on increases in property values from their area of interest. They then use the money received in reinvestment (improvements) in the area.
Counties
Florida consists of 67 countiesCounty (United States)
In the United States, a county is a geographic subdivision of a state , usually assigned some governmental authority. The term "county" is used in 48 of the 50 states; Louisiana is divided into parishes and Alaska into boroughs. Parishes and boroughs are called "county-equivalents" by the U.S...
, with most of Florida's counties named for local or national political leaders. Some are named for Spanish
Spanish Empire
The Spanish Empire comprised territories and colonies administered directly by Spain in Europe, in America, Africa, Asia and Oceania. It originated during the Age of Exploration and was therefore one of the first global empires. At the time of Habsburgs, Spain reached the peak of its world power....
explorers or conquistador
Conquistador
Conquistadors were Spanish soldiers, explorers, and adventurers who brought much of the Americas under the control of Spain in the 15th to 16th centuries, following Europe's discovery of the New World by Christopher Columbus in 1492...
s, marking the influence of 200 years of Spanish rule. Natural features of the region, including rivers, lakes, and flora, are also commonly used for county names. Florida has counties named for participants on both sides of Second Seminole War
Second Seminole War
The Second Seminole War, also known as the Florida War, was a conflict from 1835 to 1842 in Florida between various groups of Native Americans collectively known as Seminoles and the United States, part of a series of conflicts called the Seminole Wars...
: Miami-Dade County
Miami-Dade County, Florida
Miami-Dade County is a county located in the southeastern part of the state of Florida. As of 2010 U.S. Census, the county had a population of 2,496,435, making it the most populous county in Florida and the eighth-most populous county in the United States...
is partially named for Francis L. Dade
Francis L. Dade
Francis Langhorne Dade was a Major in the U.S. 4th Infantry Regiment, United States Army, during the Second Seminole War. Dade was killed in a battle with Seminole Indians that came to be known as the "Dade Massacre"...
, a Major in the U.S. Army at the time; Osceola County
Osceola County, Florida
Osceola County is a county located in the U.S. state of Florida. As of 2000, the population was 172,493. The U.S. Census Bureau 2006 estimate for the county is 244,045, making it the 17th fastest-growing county in the United States. Its county seat is Kissimmee.- History :Osceola County was...
is named for a Native American
Indigenous peoples of the Americas
The indigenous peoples of the Americas are the pre-Columbian inhabitants of North and South America, their descendants and other ethnic groups who are identified with those peoples. Indigenous peoples are known in Canada as Aboriginal peoples, and in the United States as Native Americans...
resistance leader during the war.
Each county has officers considered "state" officers, which are elected locally, their offices and salaries paid locally, but who can be removed or replaced by the governor, and not locally. These are the Sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
, State Attorney, Public Defender
Public defender
The term public defender is primarily used to refer to a criminal defense lawyer appointed to represent people charged with a crime but who cannot afford to hire an attorney in the United States and Brazil. The term is also applied to some ombudsman offices, for example in Jamaica, and is one way...
, Tax Collector
Tax collector
A tax collector is a person who collects unpaid taxes from other people or corporations. Tax collectors are often portrayed in fiction as being evil, and in the modern world share a somewhat similar stereotype to that of lawyers....
, County Clerk, a county Appraiser who established the value of real estate for tax purposes, and county judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s.
Each sheriff operates under Florida Statute 30.15.
By State Law there is one school district comprising each of the counties in Florida.
To provide liquidity to the counties when tax bills are not paid, there is a tax lien
Tax lien
A tax lien is a lien imposed by law upon a property to secure the payment of taxes. A tax lien may be imposed for delinquent taxes owed on real property or personal property, or as a result of failure to pay income taxes or other taxes....
and tax deed sale
Tax deed sale
A tax deed sale is the forced sale, conducted by a governmental agency, of real estate for nonpayment of taxes. It is one of two methodologies used by governmental agencies to collect delinquent taxes owed on real estate, the other being the tax lien sale....
process. Once a lien, purchased at auction, has been outstanding for two years (technically, April 1 of the second year following the date when the tax lien was originally offered for sale), the tax lien holder may petition the circuit court (via the county tax collector) to begin the process for the forced sale of the property.
Municipalities
Municipalities in Florida may be called towns, cities, or villages, but there is no legal distinction between the different terms. Municipalities often have police departments, fire departments, and provide essential services such as water, waste collection, etc. In unincorporated areas of a county, the county itself provides these services. Municipalities may also enter agreements with the county to have the county provide certain services. Each county has a sheriff who also tends to have concurrent jurisdiction with municipal police departments.In some cases, such as Jacksonville, the municipal and county governments have merged into a consolidated government. In Jacksonville, the municipal government has taken over the responsibilities normally given to the county government, Duval County
Duval County, Florida
Duval County is a county located in the U.S. state of Florida. As of 2010, the population was 864,263. Its county seat is Jacksonville, with which the Duval County government has been consolidated since 1968...
in this case. However, smaller municipal governments can be created inside of a consolidated municipality/county, which happened in Jacksonville.
Local government is not required to pay for health care insurance for government retirees. As of 2010, none do.
In 2011, researchers at Florida State University
Florida State University
The Florida State University is a space-grant and sea-grant public university located in Tallahassee, Florida, United States. It is a comprehensive doctoral research university with medical programs and significant research activity as determined by the Carnegie Foundation...
said that Florida's cities and counties have promised pensions they cannot afford. Pension obligations constituted 8% of total spending by local governments in 2009.
Budget
Florida has a Balanced Budget AmendmentBalanced Budget Amendment
A balanced-budget amendment is a constitutional rule requiring that the state cannot spend more than its income. It requires a balance between the projected receipts and expenditures of the government....
, requiring the state not to have a budget deficit. The requirement for a balanced budget does not appear as such in the Florida Constitution. Article VII, Section 1(d), Florida Constitution, provides: "Provision shall be made by law for raising sufficient revenue to defray the expenses of the state for each fiscal period." Article III, Section 19(a), Florida Constitution, provides for "Annual Budgeting." These two provisions, when read together, form the basis for the balanced annual budget requirement.
Florida's state budget is funded one-third from General Revenue and two-thirds from hundreds of trust funds. The General Revenue portion of Florida's state budget is funded primarily by sales tax
Sales tax
A sales tax is a tax, usually paid by the consumer at the point of purchase, itemized separately from the base price, for certain goods and services. The tax amount is usually calculated by applying a percentage rate to the taxable price of a sale....
, while local governments also have their own respective budgets funded primarily by property taxes. The annual state budget is constructed by the legislature and signed into law by the governor who administers it. The state budget for 2008-9 was $66 billion.
In 2008, the state was one of four which had fully funded pension systems for government employees, including teachers. There are five classes of state employees for pension investment: Regular and Special Risk Administrative employees accrue retirement benefits at 1.6%-1.68% per year; Senior Management, 2%; Special Risk employees, such as police and firefighters, 3%; and elected officers, including judges and legislative at 3% to 3.3%. The higher rate for the latter is to encourage early retirement. In 2010 there were 304,000 state retirees and 655,000 active employees. The average teacher's retirement check is $1,868 monthly. The average regular class retiree gets $970 per month.
Florida is one of the nine states that do not impose a personal income tax
Income tax
An income tax is a tax levied on the income of individuals or businesses . Various income tax systems exist, with varying degrees of tax incidence. Income taxation can be progressive, proportional, or regressive. When the tax is levied on the income of companies, it is often called a corporate...
(list of others
State income tax
State and local income taxes are imposed in addition to Federal income tax. State income tax is allowed as a deduction in computing Federal income tax, subject to limitations for individuals. Some localities impose an income tax, often based on state income tax calculations. Forty-three states...
). The state had imposed a tax on "intangible personal property" (stocks, bonds, mutual funds, money market funds, etc.), but this tax was abolished after 2006. The state sales tax
Sales tax
A sales tax is a tax, usually paid by the consumer at the point of purchase, itemized separately from the base price, for certain goods and services. The tax amount is usually calculated by applying a percentage rate to the taxable price of a sale....
rate is 6%. Local governments may levy an additional local option sales tax of up to 1.5%. A locale's use tax
Use tax
A use tax is a type of excise tax levied in the United States. It is assessed upon otherwise "tax free" tangible personal property purchased by a resident of the assessing state for use, storage or consumption of goods in that state , regardless of where the purchase took place...
rate is the same as its sales tax rate, including local options, if any. Use taxes are payable for purchases made out of state and brought into Florida within six months of the purchase date. Documentary stamps
Revenue stamp
A revenue stamp, tax stamp or fiscal stamp is a adhesive label used to collect taxes or fees on documents, tobacco, alcoholic drinks, drugs and medicines, playing cards, hunting licenses, firearm registration, and many other things...
are required on deed transfers and mortgages. Other taxes include corporate income, communication services, unemployment, solid waste, insurance premium, pollutants, and various fuel taxes.
In 2011, Medicaid
Medicaid
Medicaid is the United States health program for certain people and families with low incomes and resources. It is a means-tested program that is jointly funded by the state and federal governments, and is managed by the states. People served by Medicaid are U.S. citizens or legal permanent...
costs were 20% of the budget. These are mandated by the federal government. While the state administers the program, it has no actual control over expenses. From 2000 to 2010, Medicaid costs rose from $8 billion to $18 billion.
Education costs were 30% of the budget.
The $70 billion budget for 2010-11 contained the following allocations:
- Health and Social Services $30 billion
- Education $21.2 billion
- Transportation $7.9 billion
- Criminal Justice and Corrections $4.5 billion
- General government $4 billion
- Natural Resources and Environment $3 billion
- Reserves $2.28 billion
- Courts $459 million
In 2011, illegal immigrants were estimated to cost the Florida government $700 million. This included $548 million for children (excluding American-born children of undocumented aliens). Average student cost is $9,035. There are an estimated 60,750 illegal immigrant children of school age. There are 5,641 illegals in Florida prisons at an average cost of $18,980 annually, for a total of $107 million. A 2003 study indicated unpaid hospital costs of $40 million annually.
High level state officers use one of two airplanes to get around Florida. Flights take 90 minutes to get from the capital at Tallahassee to Miami. In February 2011, Governor Scott directed the sale of both airplanes.
External links
- Florida Government official website