Broward County v. City of Fort Lauderdale
480 So. 2d 631 (1985)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
Under the Florida Constitution, a charter county's preemption of a municipal regulatory power through a county-wide ordinance does not constitute a "transfer of power" requiring dual referenda under Article VIII, Section 4. Such dual referenda are required only for the transfer of functions or powers related to the provision of services, not for regulatory preemption.
Facts:
- Broward County, a charter county, sought to enact a uniform, county-wide ordinance to regulate the sale of handguns.
- The county charter originally provided that in the event of a conflict between county and municipal ordinances, the municipal ordinance would prevail, with limited exceptions.
- The Broward County Commission proposed a charter amendment to create a new exception, providing that a county ordinance on handgun management would prevail over any conflicting municipal ordinance.
- The proposed amendment was submitted to the electors of Broward County in a county-wide referendum and was approved.
- Following the charter amendment's passage, the County Commission enacted its handgun ordinance.
- The City of Fort Lauderdale had its own municipal ordinances on the same subject matter.
Procedural Posture:
- The City of Fort Lauderdale filed suit in the trial court, seeking an injunction to stop Broward County from holding the referendum.
- The trial court denied the City's request for an injunction.
- The City of Fort Lauderdale, as appellant, appealed the trial court's decision to the Florida Fourth District Court of Appeal.
- The District Court of Appeal reversed the trial court, ruling in favor of the City of Fort Lauderdale.
- The District Court of Appeal then certified a question of great public importance to the Supreme Court of Florida.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does a charter amendment, passed by a county-wide referendum, that allows a county ordinance on handgun regulation to prevail over conflicting municipal ordinances, constitute a "transfer of power" under Article VIII, Section 4 of the Florida Constitution, thereby requiring approval by dual referenda of both county and city electors?
Opinions:
Majority - Ehrlich, J.
No. A charter amendment allowing a county's regulatory ordinance to preempt a conflicting municipal ordinance is not a "transfer of power" requiring dual referenda under Article VIII, Section 4 of the Florida Constitution. The Court established a distinction between regulatory preemption and the transfer of services. Article VIII, Section 1(g) was specifically intended to grant charter counties home rule power, including the authority to preempt municipal regulations to achieve county-wide uniformity. Conversely, Article VIII, Section 4 was designed to govern the transfer of entire governmental functions or services, such as police or sanitation departments, which were historically transferred via special law or constitutional amendment. Interpreting Section 4 to cover all regulatory preemptions would render Section 1(g)'s grant of power meaningless. Therefore, a county may preempt municipal regulations without a city-level referendum, but must obtain dual approval to assume responsibility for providing a service previously rendered by a municipality.
Analysis:
This decision significantly clarifies the balance of power between charter counties and municipalities in Florida by establishing the 'regulation versus services' test. It solidifies the home rule authority of charter counties, allowing them to enact uniform laws on regulatory matters without needing approval from every affected municipality. This precedent empowers counties to address regional issues like environmental protection or, in this case, handgun control, more effectively. However, it also protects municipal autonomy by requiring voter consent for more drastic changes, such as the takeover of core local government services, preventing counties from unilaterally absorbing the functions of cities.
