Florida.pdf

Florida's constitution and statutes grant municipalities and counties home rule powers, but these powers are not immune from state preemption. The Florida Constitution grants municipalities broad powers "except as otherwise provided by law," and the Florida Supreme Court has clarified that this phrase modifies the entire grant of power, allowing for preemption by general state legislation or special legislation. To determine whether a city's action is within its power, courts ask if the action was undertaken for a municipal purpose and if it is expressly prohibited by the constitution, general or special law, or county charter. Implied preemption is also possible when the legislative scheme is pervasive and strong public policy reasons exist. Counties operating under charter have broad powers of self-government, but are still subject to preemption, although special laws preempting charter counties require voter approval. Currently, 20 of Florida's 67 counties have adopted charters, accounting for about 75% of the state's population. Overall, the structure of home rule in Florida leaves cities vulnerable to preemption, while charter counties have some protection against special laws, but not general laws.