CopyAgo (Fla. Att'y Gen. 1979).
Published | Florida Attorney General Reports
Paul J. McDonough City Attorney Coral Springs QUESTION: Does s. 171.091 , F....
...filed with the Department of State. The Municipal Home Rule Powers Act by implication preserved as a part of the charters of the municipalities affected those charter boundary articles or provisions existing at the time of the enactment of that act. Section 171.091 , F....
...166.021 (4), which nullified and repealed certain charter provisions constituting limitations on a municipality's power, would have applied to or affected the boundary article contained in a municipality's charter at the time of enactment of the Municipal Home Rule Powers Act. I am also of the opinion that s. 171.091 , F....
...1969); City of Indian Harbour Beach v. City of Melbourne,
265 So.2d 422 (4 D.C.A. Fla., 1972); and Department of Revenue v. Merritt Square Corporation,
334 So.2d 351 (1 D.C.A. Fla., 1976). When these rules of construction are applied to the Legislature's directions in s.
171.091 , that a boundary change brought about by annexation or contraction `shall revise the charter boundary article' (Emphasis supplied.), and `shall be filed as a revision of the charter with the Department of State' (Emphasis supplied.), s.
171.091 clearly evidences legislative intent and thus requires that the boundaries of a municipality be contained in its charter. To allow the boundaries to be set forth merely in an ordinance would render the provisions in s.
171.091 regarding revision of the charter useless and meaningless....
...166.031 (1), providing for amendment of municipal charters by referendum, expressly refers to amendments to `any part or to all of said charter except that part describing the boundaries of such municipality.' (Emphasis supplied.) As is the case with the references to the charter boundary provisions in s. 171.091 , supra , this reference to `that part [of the charter] describing the boundaries' would be meaningless, were it to be concluded that a municipality's boundaries are not required to be a part of its charter....
...atisfied that s.
166.021 (4) preserved in effect and as part of the various municipalities' charters those charter boundary articles or provisions existing at the time of enactment of the Municipal Home Rule Powers Act. I am also of the opinion that s.
171.091 clearly implies and requires that the boundaries of a municipality remain in its charter, and that the charter be amended or revised as prescribed by s.
171.091 and any such amendment or revision filed with the Department of State whenever the boundaries are changed pursuant to law....
