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1999-017
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1999-017
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Last modified
7/6/2023 1:59:49 PM
Creation date
7/6/2023 1:54:27 PM
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Template:
Official Documents
Official Document Type
Miscellaneous
Approved Date
01/19/1999
Control Number
1999-017
Subject
Indian River County Beach Preservation Plan/Economic Analysis and Cost
Allocation Plan/Prepared by Applied Technology & Management, Inc. (ATM)
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i <br />do <br />i <br />• <br />The fact that the assessment vehicle of a municipal service benefit unit created <br />under section 125.01(1)(q), Florida Statutes, is an alternative mechanism to <br />home rule powers is clear for many reasons: <br />The courts have consistently construed a statute authorizing a particular <br />county action as an alternative to its authority to act under its home rule <br />power. See, e.q., Taylor v. Lee County, 498 So. 2d 424 (Fla. 1986). <br />Legislative intent contained in section 197.3631, Florida Statutes, argues <br />against such a restrictive view of county home rule: "Section 197.3232 is <br />additional authority for local governments to impose and collect non -ad <br />valorem assessments supplemental to the home rule powers pursuant to <br />ss. 125.01 and 166.021, and Chapter 170, or any other law." <br />Such a restrictive view of county home rule would lead to an absurd <br />conclusion when comparing the home rule power of counties to impose <br />assessments to the home rule power of municipalities. In City of Boca <br />Raton v. State, 595 So. 2d 25 (Fla. 1992), the Court concluded that <br />municipal home rule included the power to impose special assessments <br />by ordinance even though section 166.021, Florida Statutes, does not <br />include any general enumeration of the power of a municipality to impose <br />assessments. To conclude that section 125.01 does not provide counties <br />the power to impose special assessments within municipal areas without <br />municipal consent ignores the home rule philosophy incorporated in <br />section 125.01(3)(b): "The previsions of this section shall be liberally <br />construed to effectually carry out the purpose of this section and to secure <br />for the counties the broad exercise of home rule powers authorized by the <br />State Constitution." <br />Such a restrictive view of county home rule would lead to an equally <br />absurd conclusion in areas of municipal preemption. Under such a <br />
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