Law and government in Jacksonville, Florida
Encyclopedia
Administrative structure
The most noteworthy feature of JacksonvilleJacksonville, Florida
Jacksonville is the largest city in the U.S. state of Florida in terms of both population and land area, and the largest city by area in the contiguous United States. It is the county seat of Duval County, with which the city government consolidated in 1968...
government is its consolidated nature. The 1968 Duval County-Jacksonville consolidation eliminated any type of separate county executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
or legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
, and supplanted these positions with the Mayor of Jacksonville and the City Council of the City of Jacksonville, respectively. Because of this, voters who live outside of the city limits of Jacksonville, but inside of Duval County, are allowed not only to vote in elections for these positions, but to run for them as well. In fact, in 1995, John Delaney
John Delaney
John Adrian Delaney is an American lawyer, politician and university administrator. He currently serves as the president of the University of North Florida. A member of the Republican Party, he served as mayor of Jacksonville, Florida from 1995 to 2003...
, a resident of Neptune Beach
Neptune Beach, Florida
Neptune Beach is a beachfront city in Duval County, Florida, United States, located to the east of Jacksonville. When the majority of communities in Duval County consolidated with the city of Jacksonville in 1968, Neptune Beach, along with Jacksonville Beach, Atlantic Beach, and Baldwin, remained...
, was elected mayor of the City of Jacksonville.
Exceptions
In 1968, the small municipalities of Baldwin, Neptune Beach, Atlantic BeachAtlantic Beach, Florida
Atlantic Beach, a city in Duval County, Florida, is the northernmost of the Jacksonville Beaches communities. When the majority of communities in Duval County consolidated with Jacksonville, Florida in 1968, Atlantic Beach, along with Jacksonville Beach, Neptune Beach, and Baldwin, Florida,...
and Jacksonville Beach
Jacksonville Beach, Florida
Jacksonville Beach is a city on the Atlantic coast of Duval County, Florida, east of Jacksonville. It is part of the Jacksonville Beaches community, together with Mayport, Atlantic Beach, Neptune Beach, and Ponte Vedra Beach...
voted not to join the consolidated government. The four separate communities, which comprise only 6% of the total county population, provide their own municipal
Municipality
A municipality is essentially an urban administrative division having corporate status and usually powers of self-government. It can also be used to mean the governing body of a municipality. A municipality is a general-purpose administrative subdivision, as opposed to a special-purpose district...
services, while maintaining the right to contract with the consolidated government to provide services. In December 2005, the city council of Baldwin
Baldwin, Florida
Baldwin is a town in Duval County, Florida, United States. When the majority of communities in Duval County consolidated with Jacksonville, Florida in 1968, Baldwin, along with Jacksonville Beach, Atlantic Beach, and Neptune Beach, Florida, remained quasi-independent...
in the far western portion of Duval County voted to eliminate their police department. In March 2006, the Jacksonville Sheriff's Office assumed policing responsibilities for the one-square mile town.
Mayor
Jacksonville uses the Mayor-CouncilMayor-council government
The mayor–council government system, sometimes called the mayor–commission government system, is one of the two most common forms of local government for municipalities...
form of city government, also called the Strong-Mayor form, in which a mayor serves as the city's Chief Executive and Administrative officer. The mayor holds veto power over all resolutions and ordinances made by the city council, and also has the power to hire and fire the head of various city departments. The current mayor is Alvin Brown
Alvin Brown
Alvin Brown is the name of:*Alvin Brown , American boxer*Alvin Brown , American politician and Mayor of Jacksonville, Florida...
. He began his first term on July 1, 2011.
Law enforcement
Jacksonville and Duval County historically maintained separate police agencies: the Jacksonville Police Department and Duval County Sheriff's Office. As part of consolidation in 1968, the two merged, creating the Jacksonville Sheriff's OfficeJacksonville Sheriff's Office
The Jacksonville Sheriff's Office is a joint city-county law enforcement agency, which has primary responsibility for law enforcement, investigation, and corrections within the consolidated City of Jacksonville and Duval County, Florida, United States...
(JSO). The JSO is headed by the elected Sheriff of Duval County, currently John Rutherford
John Rutherford (sheriff)
John Henry Rutherford is a career law enforcement officer with the Jacksonville Sheriff's Office. He has served as Duval County Sheriff since his election to the office in 2003; his current term expires in 2014.-Education:...
, and is responsible for law enforcement and corrections in the county.
Jacksonville Constitutional Officers
| Office | Name | Party | Term Ends |
|---|---|---|---|
| Mayor | John Peyton | Republican | 2011 |
| Alvin Brown | Democrat | 2015 | |
| Sheriff | John Rutherford | Republican | 2015 |
| Property Appraiser | James N. Overton | Republican | 2015 |
| Tax Collector | Michael Corrigan | Republican | 2015 |
| Supervisor of Elections | Jerry Holland | Republican | 2013 |
| Clerk of the Circuit & County Courts | Jim Fuller | Republican | 2013 |
| State Attorney | Angela Corey | Republican | 2013 |
| Public Defender | Matthew Shirk | Republican | 2013 |
Firefighting and rescue
The Jacksonville Fire and Rescue DepartmentJacksonville Fire and Rescue Department
The Jacksonville Fire and Rescue Department is the agency that provides fire protection and emergency medical services for Jacksonville, Florida. The department also serves all unincorporated areas of Duval County from 56 fire stations.-Fire Stations:...
(JFRD) is responsible for all fire protection and rescue service (ambulance) in Duval County with exceptions. Jacksonville Beach has its own department, while Atlantic Beach provides a fire station facility that is staffed and equipped by JFRD. Baldwin has a (mostly) volunteer fire department and Neptune Beach relies on Atlantic Beach for fire protection. The current JFRD Director/Fire Chief is Dan Kleman. This position is appointed by the Mayor.
Autonomous agencies
Some government services remained - as they had been prior to consolidation – independent of both city and county authority. In accordance with Florida law, the Duval County School BoardDuval County Public Schools
Duval County Public Schools is the public school district for Duval County, Jacksonville, Florida. As of 2011, the district had an enrollment of over 123,000 students, making it the 15th largest school district in the United States, and 6th largest school district in Florida...
continues to exist with nearly complete autonomy. Jacksonville also has several quasi-independent government agencies which only nominally answer to the consolidated authority, including electric authority
JEA
JEA , located in Jacksonville, Florida, is the eighth largest community-owned electric utility company in the United States and largest in Florida. As of 2009, JEA serves more than 417,000 electric customers, 305,000 water customers and 230,000 sewer customers. Besides Jacksonville , JEA also has...
, port authority
Jacksonville Port Authority
The Jacksonville Port Authority also known by its brand name, JAXPORT, is the independent government agency in Jacksonville, Florida that owns and operates much of the seaport system at the Port of Jacksonville.-History:...
, transportation authority
Jacksonville Transportation Authority
The Jacksonville Transportation Authority is the independent agency responsible for public transit in the city of Jacksonville, Florida, and roadway infrastructure that connects northeast Florida. However, they do not maintain any roadways.-History:...
, housing authority
Jacksonville Housing Authority
The Jacksonville Housing Authority is the quasi-independent agency responsible for public housing and subsidized housing in the city of Jacksonville, Florida....
and airport authority
Jacksonville Aviation Authority
The Jacksonville Aviation Authority is the independent government agency that owns and operates the four airports of Jacksonville, Florida. It was established in 2001 after being branched off of the Jacksonville Port Authority...
. The main environmental and agricultural body is the Duval County Soil and Water Conservation District, which works closely with other area and state agencies.
Office of General Counsel
The Office of the General Counsel (OGC), currently led by Cindy Laquidara, includes 39 attorneys, making it one of the largest and diverse law firms in Jacksonville. It operates just like a private firm because “clients” are billed in detail for legal services provided. Clients include the public utility provider (JEA), the school district (Duval County Public Schools), Airport, Seaport, Transportation and Housing Authorities, constitutional officers (Mayor, Supervisor of Elections, Property Appraiser, Sheriff, Tax Collector and Clerk of Court), 10 departments, 19 City Council members, and 40+ boards, commissions, and agencies.Due to this unusual client list, the General Counsel’s website states that they offer support for areas that include commercial, personal injury, constitutional & civil rights litigation, real estate, land use, environmental law, labor and employment law, education law, workers' compensation, eminent domain, foreclosures, evictions, bankruptcy, torts, municipal finance, procurement, contract negotiation and drafting, as well as a variety of economic development and transactional areas.
The 1967 Charter that created Jacksonville's consolidated form of government included a provision for the Office of General Counsel. Under the Charter, the OGC represents all Jacksonville government entities and the office has developed the expertise to advise clients on municipal law and Jacksonville's Charter and consolidated form of government.
The Charter also states that any legal opinion rendered by the General Counsel is binding on the entire consolidated government. Since 1968, General Counsels have issued over 370 binding legal opinions. In the early years of consolidation, legal opinions were critical to the successful establishment Jacksonville’s consolidated government and the elimination of litigation between entities.
Laquidara, the city's first female General Counsel, prefers to focus on legal issues, in contrast to previous General Counsels who tried to influence policy and used the office as a springboard to political office. She joined the OGC as chief deputy in 1998 after 15 years in private practice, all in Jacksonville. She represented the family of Scott Speicher
Scott Speicher
Michael Scott Speicher was a United States Navy pilot who was shot down over Iraq during the Gulf War. He was the first American combat casualty of the conflict. His remains were not recovered until Aug. 2, 2009...
, the Navy pilot who was the first casualty of the 1991 Gulf War
Gulf War
The Persian Gulf War , commonly referred to as simply the Gulf War, was a war waged by a U.N.-authorized coalition force from 34 nations led by the United States, against Iraq in response to Iraq's invasion and annexation of Kuwait.The war is also known under other names, such as the First Gulf...
, and declined an interview by Dan Rather
Dan Rather
Daniel Irvin "Dan" Rather, Jr. is an American journalist and the former news anchor for the CBS Evening News. He is now managing editor and anchor of the television news magazine Dan Rather Reports on the cable channel HDNet. Rather was anchor of the CBS Evening News for 24 years, from March 9,...
. When Rather interviewed Saddam Hussein
Saddam Hussein
Saddam Hussein Abd al-Majid al-Tikriti was the fifth President of Iraq, serving in this capacity from 16 July 1979 until 9 April 2003...
, no questions were asked about Speicher, so Laquidara decided not to waste her time on Rather.
City Council
The city council has nineteen members, fourteen of whom are elected from single-member districts where each member must reside in the district that s/he represents. The other five members are elected under a unique hybrid district/ at-large At-Large At-large is a designation for representative members of a governing body who are elected or appointed to represent the whole membership of the body , rather than a subset of that membership... system. Prior to the early 1990s, these members were elected at-large, with no specific residency requirements. However, over time the five members were elected from the same general area. In order to increase participation from other areas, voters approved a change in the city government which divided the city up into five "super-districts" (unrelated to the 14 single-member districts), with one member from each district. However, the five members are still elected at-large. |
|
Regional representatives
Federally, Jacksonville is split between three congressional districts. Most of the city is in the 4th districtFlorida's 4th congressional district
Florida's 4th congressional district is a congressional district in the U.S. state of Florida. The district takes in most of Jacksonville along with a portion of North Florida...
, represented by Republican Ander Crenshaw
Ander Crenshaw
Ander Crenshaw is the U.S. Representative for , serving since 2001. He is a member of the Republican Party.-Early life, education and career:...
. Most of central Jacksonville is in the 3rd district
Florida's 3rd congressional district
Florida's 3rd congressional district is a congressional district in the U.S. state of Florida. The district includes portions of Alachua, Clay, Duval, Lake, Marion, Orange, Putnam, Seminole, and Volusia counties....
, represented by Democrat Corinne Brown. Most of southwestern Jacksonville is in the 6th district
Florida's 6th congressional district
Florida's 6th congressional district is a congressional district in the U.S. state of Florida. The district stretches from the St. Johns River and Jacksonville, sweeping through North Central Florida, encompassing portions of Gainesville and Ocala, gerrymandering down to the northern tip of the...
, represented by Republican Cliff Stearns
Cliff Stearns
Clifford Bundy "Cliff" Stearns, Sr. is the U.S. Representative for , serving since 1989. He is a member of the Republican Party.-Early life, education and career:According to his official biography, Stearns was born in Washington, D.C...
. Jacksonville is represented in the State Senate by John Thrasher (R), Stephen R. Wise (R) and Tony Hill (D), and in the State House by Janet Adkins (R), Jennifer Carroll (R), Mia Jones (D), Audrey Gibson (D), Lake Ray (R), Doc Renuart (R), Charles McBurney (R) and Mike Weinstein (R). Jacksonville, as well as the rest of the State of Florida, are served in the U.S. Senate by Bill Nelson
Bill Nelson
Clarence William "Bill" Nelson is the senior United States Senator from the state of Florida and a member of the Democratic Party. He is a former U.S. Representative and former Treasurer and Insurance Commissioner of Florida...
(D
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
) and George LeMieux
George LeMieux
George Stephen LeMieux is a former United States Senator from Florida. He was Chairman of the Florida-based law firm of Gunster Yoakley & Stewart, P.A. and served as Chief of Staff to Governor Charlie Crist, was former Deputy Florida Attorney General, and is credited with spearheading Crist's...
(R
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
); and by Governor Rick Scott (R).
Judiciary
Federal Court
Jacksonville is in the United States District Court for the Middle District of FloridaUnited States District Court for the Middle District of Florida
The United States District Court for the Middle District of Florida serves the residents of thirty-five counties from eight courthouses....
. There are 15 authorized judgeships in the district who are appointed by the POTUS and confirmed by the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
. Additionally, there are 7 judges with Senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
who are eligible to hear cases. Chief Judge
Chief judge
Chief Judge is a title that can refer to the highest-ranking judge of a court that has more than one judge. The meaning and usage of the term vary from one court system to another...
of the District is Patricia C. Fawsett
Patricia C. Fawsett
Patricia C. Fawsett is an American lawyer and judge.Fawsett was born in 1943 in Montreal, Canada. She received her Bachelor of Arts degree from the University of Florida in 1965, her Master of Arts in Teaching from the University of Florida in 1966, and her J.D...
.
A new Federal Courthouse in Jacksonville was completed in late 2002 and opened in 2003 to replace the old facility, built in 1933. On February 8, 2005, the 492000 sq ft (45,708.3 m²) building at 300 North Hogan Street was named, the John Milton Bryan Simpson United States Courthouse
John Milton Bryan Simpson United States Courthouse
The Bryan Simpson United States Courthouse is a courthouse and U.S. federal government facility in Jacksonville, Florida. It houses:*The United States District Court for the Middle District of Florida, Jacksonville Division, and corresponding offices of the United States Bankruptcy Court for the...
.
State court
Jacksonville is in the 4th Judicial Circuit of FloridaFlorida Circuit Courts
The 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...
, which includes Duval, Clay and Nassau Counties. Circuit Courts have jurisdiction over felonies, tax issues, real property
Real property
In English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...
, juvenile
Minor (law)
In law, a minor is a person under a certain age — the age of majority — which legally demarcates childhood from adulthood; the age depends upon jurisdiction and application, but is typically 18...
issues, 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...
, family law (dissolution of marriage, paternity and adoption) and determination of competence
Competence (law)
In American law, competence concerns the mental capacity of an individual to participate in legal proceedings. Defendants that do not possess sufficient "competence" are usually excluded from criminal prosecution, while witnesses found not to possess requisite competence cannot testify...
.
There are 29 elected circuit judges for Duval county: (8) Civil, (1) Probate, (7) Family, (8) Criminal and (4) Juvenile. Donald Moran
Donald Moran
Donald Richard Moran, Jr. is currently serving as the Chief Judge of the Fourth Judicial Circuit in Florida, which includes most of the Greater Jacksonville Metropolitan Area, specifically Duval, Clay and Nassau counties...
is chief judge of the circuit.
The State Attorney's Office has the responsibility for prosecuting persons charged with crimes. The position of State Attorney is an elected position and is currently held by Angela Corey
Angela Corey
Angela B. Corey is an American lawyer currently serving as the State Attorney in Florida's Fourth Judicial Circuit Court, which includes Duval, Nassau and Clay counties. The first woman to hold the position, she was elected in 2008....
, who took office on January 6, 2009.
The Public Defender's Office has the responsibility for defending persons charged with crimes subject to incarceration and judged indigent. The position of Public Defender is an elected position and is currently held by Matthew Shirk
Matthew Shirk
Matthew Aaron Shirk is an American lawyer currently serving as Public Defender for Florida's Fourth Judicial Circuit. He was elected to the position, which covers Clay, Duval, and Nassau Counties, in 2008.-Early life:...
, who took office on January 6, 2009.
The existing courthouse was constructed in 1958 and the county's population grew by more than 50% in the past forty years. A new $190 million Duval County Courthouse
Duval County Courthouse
The Duval County Courthouse is the local courthouse for Duval County, Florida. It houses courtrooms and judges from the Duval County and Fourth Judicial Circuit Courts. The current facility is located in Downtown Jacksonville, Florida; a new facility currently under construction will open in...
was a key component of the Better Jacksonville Plan
Better Jacksonville Plan
The Better Jacksonville Plan is a growth management plan implemented by the city of Jacksonville, Florida. It was the signature project of Mayor John Delaney. It was approved by Jacksonville voters on September 5, 2000...
, approved by voters in 2000. After ten years and several mis-steps, the (now) $350 million complex was 37% complete in June, 2010 and scheduled to open in May, 2012.
County court
County Courts primarily handle civil cases where the amount in controversy is less than $15,000, Small claims courtSmall claims court
Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and the name by which such a court is known varies by jurisdiction; it may be known as a county or magistrate's court...
, 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...
s, violations of civil & municipal ordinances
Local ordinance
A local ordinance is a law usually found in a municipal code.-United States:In the United States, these laws are enforced locally in addition to state law and federal law.-Japan:...
and traffic tickets. There are 17 elected county judges for Duval county.
Politics
Jacksonville, like most of North & Central Florida and the panhandle, was historically populated by conservative Democrats. However, the city began moving away from its Democratic roots sooner than the rest of Florida. Except for Jimmy CarterJimmy Carter
James Earl "Jimmy" Carter, Jr. is an American politician who served as the 39th President of the United States and was the recipient of the 2002 Nobel Peace Prize, the only U.S. President to have received the Prize after leaving office...
in 1976, the city has not supported a Democrat for president since 1952. Even as the city became increasingly willing to support Republicans nationally, Democrats continued to dominate most local offices well into the 1990s.
Starting in the 1980s, thousands of Republicans moved to Florida and Jacksonville from northern states or relocated from south Florida to avoid overcrowding, state income taxes, high prices and crime. They slowly ate away at the Democratic dominance at the local level. This culminated in 1992, when Tillie Fowler
Tillie Fowler
Tillie Kidd Fowler was an American politician who served in the United States House of Representatives from 1993 to 2001.-Early life:...
became the first Republican to represent a significant portion of Jacksonville in Congress since Reconstruction. Two years later, Republicans swept most of the city's seats in the state legislature, and incumbent Democratic mayor Ed Austin
Ed Austin
T. Edward "Ed" Austin, Jr. was an American politician and attorney. He served as mayor of Jacksonville, Florida from 1991 to 1995. He also served as the first Public Defender for Florida's Fourth Judicial Circuit from 1963 to 1968, and served as State Attorney for the Fourth Judicial Circuit from...
switched parties to become a Republican. In 1995, John Delaney
John Delaney
John Adrian Delaney is an American lawyer, politician and university administrator. He currently serves as the president of the University of North Florida. A member of the Republican Party, he served as mayor of Jacksonville, Florida from 1995 to 2003...
became the city's first elected Republican mayor since 1887.
From 1995 to 2011 Republicans dominated Jacksonville politics, even though Democrats still have a majority of registered voters. Republicans currently hold the majority on the city council but lost the Mayor's position in 2011. They also hold five of the city's seven state house seats and two of the city's three state senate seats.
Jacksonville politics have become increasingly racially polarized. While the city's whites have mostly supported Republicans since the 1990s, African-Americans provide most of the city's Democratic base. Five of the six Democrats currently on the city council are African-American, and all of the Democrats representing significant portions of the city in the state legislature are African-American. Also other non white groups such as Asian-Americans and Hispanic American
Hispanic and Latino Americans
Hispanic or Latino Americans are Americans with origins in the Hispanic countries of Latin America or in Spain, and in general all persons in the United States who self-identify as Hispanic or Latino.1990 Census of Population and Housing: A self-designated classification for people whose origins...
s also tend to support the local Democratic Party base.