City of Coconut Creek v. Broward Cty. Bd.
430 So. 2d 959 (1983)
Rule of Law:
Under the Florida Constitution and relevant state statutes, a county charter may grant the county government supreme authority over land use planning, including final plat approval, which prevails over conflicting municipal ordinances and the home rule powers of municipalities within the county.
Facts:
- Broward County acquired charter county status, and its charter was amended to require a county land use plan.
- The charter stipulated that no plat of land anywhere in the county, including within municipalities, could be recorded without approval from the County Commission.
- The charter explicitly provided that in a conflict between county and municipal ordinances regarding land use planning, the county ordinance shall prevail.
- Pursuant to its charter, Broward County enacted a Land Development Code establishing substantive criteria for its independent review and final plat approval.
- These county-level criteria included adequacy of regional transportation, water management, waste disposal, regional parks, and impact on environmentally sensitive lands.
- Under this system, the County could veto a plat already approved by a municipality but could not approve a plat that a municipality had rejected.
- Twenty municipalities within Broward County, which possess their own home rule powers, challenged the County's authority to impose these substantive requirements for final plat approval.
Procedural Posture:
- Twenty municipalities filed suit against the Broward County Board of County Commissioners in the state trial court, seeking to invalidate provisions of the County's Land Development Code.
- The trial court entered a final summary judgment in favor of the Broward County Board of County Commissioners, upholding the validity of the ordinance.
- The municipalities, as appellants, appealed the trial court's judgment to the District Court of Appeal of Florida, Fourth District.
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Issue:
Does a charter county ordinance that grants the county commission final substantive approval authority over development plats located within a municipality's boundaries, based on countywide land use criteria, impermissibly usurp the home rule powers of the municipality?
Opinions:
Majority - Anstead, J.
No. A charter county ordinance granting the county final substantive approval authority over development plats does not impermissibly usurp municipal home rule powers where the county charter explicitly grants the county superior authority in the area of land use planning. The Florida Constitution grants charter counties broad powers of self-government and provides that the charter itself shall determine which ordinance prevails in a conflict between the county and a municipality. Here, the Broward County Charter expressly states that county ordinances prevail over municipal ordinances in the area of land use planning. Furthermore, state statutes, including the Local Government Comprehensive Planning Act, reinforce this hierarchy by stipulating that in charter counties, the planning responsibility between the county and its municipalities shall be as defined in the charter. The court rejected the municipalities' narrow interpretation that platting involves only technical mapping requirements, reasoning instead that platting is an integral part of comprehensive community planning. This county-level review is necessary to ensure effective, coordinated control over development and to prevent individual municipalities from approving projects that negatively impact adjacent communities or countywide resources.
Analysis:
This decision solidifies the legal supremacy of charter counties over municipalities in Florida concerning land use planning. It clarifies that when a county charter explicitly claims authority in a specific area, like land use, that authority supersedes the home rule powers of the cities within its jurisdiction. This precedent establishes a clear framework for resolving intergovernmental conflicts, significantly tilting the balance of power toward charter county governments on matters of regional concern. The ruling ensures that counties can enforce uniform, countywide standards for development, preventing a patchwork of potentially conflicting local regulations and ensuring that the regional impacts of local development decisions are considered.
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