Home Rule Charter

67 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Carter v. Gallagher
  452 F.2d 315· 8th Cir.· 1971-09-09 ·cited 170×
• Chase v. Faris Cowart
  102 So. 2d 147· Fla.· 1958-04-18 ·cited 91×
  The Florida Supreme Court held that the people of Dade County had the constitutional power to abolish the Dade County Budget Commission through adoption of a home rule charter, and that Chapter 57-912 attempting to legislatively validate the charter was unconstitutional. The Cour
• Owen v. The City OF Independence
  560 F.2d 925· 8th Cir.· 1977-08-15 ·cited 62×
  The court held that a claim for monetary relief under the fourteenth amendment against a city is permissible, even if the city is immune from suit under § 1983. The court also held that the plaintiff was deprived of a liberty interest without due process.
• Miami Shores Vill. v. Faris N. Cowart
  108 So. 2d 468· Fla. 3d DCA· 1958-12-17 ·cited 58×
  Miami Shores Village challenged the validity of Dade County's Home Rule Charter and a Metropolitan Traffic Code that unified traffic regulation across the county's incorporated and unincorporated areas. The Florida District Court of Appeal affirmed the charter's validity, holding
• Dade Cnty. v. Dade Cnty. League OF Municipalities & Dean Claussen
  104 So. 2d 512· Fla.· 1958-07-23 ·cited 47×
  The Florida Supreme Court upheld a proposed municipal autonomy amendment to the Dade County Home Rule Charter as constitutionally permissible to submit to voters, while expressing concerns about one phrase ('or by special act') that might conflict with constitutional restrictions
• State v. Dade Cnty.
  142 So. 2d 79· Fla.· 1962-06-08 ·cited 43×
  Dade County sought to validate $9 million in revenue bonds to acquire and operate private bus transit systems. The Florida Supreme Court upheld the County's constitutional and statutory authority under its Home Rule Charter to acquire the transit systems, establish a transit auth
• Dade Cnty. v. Young Democratic Club OF Dade Cnty. & Gerard Pucci
  104 So. 2d 636· Fla.· 1958-07-25 ·cited 39×
  Florida Supreme Court upheld Dade County's Home Rule Charter provisions establishing non-partisan elections for county commissioners, reversing a lower court ruling that had struck down these sections as unconstitutional. The court held that the Home Rule Amendment expressly auth
• S. Fla. Chapter OF the Associated Gen. Contractors OF Am., Inc. v. Metro. Dade Cnty.
  723 F.2d 846· 11th Cir.· 1984-01-27 ·cited 35×
  The court held that Metropolitan Dade County's ordinance establishing a set-aside and subcontractor goal for black contractors was facially constitutional and properly applied to the Earlington Heights contract. The district court erred in striking down the set-aside.
• A. L. Lewis Elementary Sch. & the Bd. of Pub. Instruction v. Metro. Dade Cnty.
  376 So. 2d 32· Fla. 3d DCA· 1979-10-23 ·cited 34×
  A student injured by a motor vehicle near school sued the school board for negligence. The school board sought indemnity and contribution from the county and municipalities for failing to install mandatory traffic control devices around the school. The court held that while indem
• Madison v. Gerstein
  440 F.2d 338· 5th Cir.· 1971-03-24 ·cited 31×
  The court held that the State Attorney is immune from suit for acts within his official capacity, and the Director of Public Safety is not vicariously liable for a deputy's acts he did not direct or know about, as his office differs from a traditional sheriff.
• Simmons v. The City OF Philadelphia
  947 F.2d 1042· 3d Cir.· 1991-10-18 ·cited 25×
  A municipality can be held liable under section 1983 for deliberate indifference to constitutional rights, which can be proven by demonstrating reckless conduct or a failure to act when officials should have known of a risk.
• S.J. Groves & Sons Co. & Jasper Constr. Co. v. Fulton Cnty.
  920 F.2d 752· 11th Cir.· 1991-01-07 ·cited 25×
  The court held that Groves lacked standing to challenge the 1984 MBE Resolution and that Fulton County violated the Georgia low-bid statute by enacting the 1982 MBE program.
• Cnty. OF Dade v. Saffan
  173 So. 2d 138· Fla.· 1965-03-17 ·cited 16×
  The Florida Supreme Court reversed the District Court of Appeal, holding that appeals from Dade County's Metropolitan Courts are governed by the County's Home Rule Charter rather than the state statute governing municipal courts. The Court concluded that Metro Courts are a distin
• Midnight Sessions, Ltd. v. City OF Philadelphia
  945 F.2d 667· 3d Cir.· 1991-10-02 ·cited 14×
  The court held that the City should have been granted judgment notwithstanding the verdict on the takings and procedural due process claims, and on Down South's substantive due process claim, but After Midnight's substantive due process claim requires a new trial.
• Hall v. Strickland
  170 So. 2d 827· Fla.· 1964-12-02 ·cited 14×
  The Florida Supreme Court held that judges of the Metropolitan Court of Dade County derive their authority exclusively from the Home Rule Amendment (Section 11, Article VIII) and not from Article V of the Florida Constitution. Therefore, the charter amendment that created a new s
• Dade Cnty. v. Amalgamated Ass'n OF St. Elec. Ry. & Motor Coach Emps. OF Am.
  157 So. 2d 176· Fla. 3d DCA· 1963-11-01 ·cited 13×
  Dade County sought a declaratory judgment regarding its authority to bargain collectively with a bus operators' union following its acquisition of a private transit system. The court held that Florida law prohibits collective bargaining and strikes against governmental entities,
• Gordon v. Leatherman
  450 F.2d 562· 5th Cir.· 1971-11-08 ·cited 12×
• Burton v. Dade Cnty.
  166 So. 2d 445· Fla.· 1964-07-08 ·cited 12×
  The Florida Supreme Court upheld Dade County's issuance of $8.5 million in revenue bonds secured by utility franchise fees, rejecting challenges that the funds should be spent only in unincorporated areas and that expenditures for a county airport and planetarium were improper us
• In re Advisory Opinion to the Governor
  116 So. 2d 425· Fla.· 1959-12-14 ·cited 12×
  The Florida Supreme Court issued an advisory opinion to the Governor regarding whether he has authority to fill a vacancy in the Dade County Commission. The Court held that the 1956 constitutional amendment authorizing Dade County's home rule charter granted the Board of Commissi
• Dade Cnty. v. Kelly
  153 So. 2d 822· Fla.· 1963-05-15 ·cited 10×
  The court considered whether the County Manager had the power to summarily discharge the sheriff without notice, finding that such action violated the sheriff's constitutional rights.
• City OF Miami Beach v. Frankel
  363 So. 2d 555· Fla.· 1978-10-05 ·cited 9×
  The Florida Supreme Court upheld a state statute restricting municipal rent control powers against constitutional challenges by Miami Beach. The court affirmed that Chapter 77-50 validly conditions local rent control authority through general law, does not impermissibly amend the
• Pinellas Cnty. v. Eight IS Enough IN Pinellas
  775 So. 2d 317· Fla. 2d DCA· 2000-05-19 ·cited 8×
  Pinellas County officials challenged two citizen ballot initiatives that amended the county charter to impose eight-year term limits on county commissioners and constitutional officers. The Florida appellate court affirmed the trial court's validation of these initiatives, holdin
• Golden Nugget Grp. v. Metro. Dade Cnty.
  464 So. 2d 535· Fla.· 1985-02-08 ·cited 8×
  The Florida Supreme Court upheld a state statute authorizing certain counties to impose a 3% "bed tax" on short-term hotel rentals to fund convention center improvements, rejecting constitutional challenges to both the statute and the implementing Dade County ordinance regarding
• City OF Moore v. Atchison
  699 F.2d 507· 10th Cir.· 1983-02-14 ·cited 8×
  A city cannot challenge a state statute exempting railroads from local zoning ordinances on federal equal protection grounds, nor on state privileges and immunities grounds, and the amount in controversy for federal jurisdiction was met.
• Dade Cnty. v. Acme Specialty Corp.
  292 So. 2d 378· Fla. 3d DCA· 1974-03-26 ·cited 8×
  A county ordinance banning the sale of sparklers is unconstitutional because it conflicts with a state statute that specifically exempts sparklers from the definition of fireworks and permits their sale.
• Buckress Land Co. v. Metro. Dade Cnty.
  232 So. 2d 384· Fla.· 1970-04-08 ·cited 8×
  The Florida Supreme Court held that when Dade County's Home Rule Charter transferred all tax assessment and collection powers from municipalities to the County, it nullified a municipality's charter provisions allowing alternative assessment standards for agricultural land. Thus,
• In re Advisory Opinion of the Governor
  313 So. 2d 697· Fla.· 1975-05-21 ·cited 7×
  The Florida Supreme Court answered the Governor's advisory question regarding his authority to fill by appointment the offices of suspended Dade County Commissioners. The Court held that Article IV, Section 7 of the Florida Constitution authorizes the Governor to fill suspended c
• Wallace v. Leahy
  496 So. 2d 970· Fla. 3d DCA· 1986-10-31 ·cited 6×
  A county resolution cannot override state general election laws requiring partisan affiliation when the charter and ordinances do not provide an alternative method for election.
• In re Advisory Opinion TO the Governor
  313 So. 2d 717· Fla.· 1975-03-20 ·cited 6×
  The Governor is authorized by Article IV, Section 1(f) of the Florida Constitution to fill by appointment a vacancy in a county office, even if a county charter provides for filling such vacancies, as the charter provision does not override the constitutional authority regarding
• McGAHEY v. McLEOD
  135 So. 2d 446· Fla. 3d DCA· 1961-12-11 ·cited 6×
  The court held that the Board of County Commissioners lacked the authority under the Home Rule Charter to add titles to initiatory petitions, as this power was not expressly or implicitly granted.
• State v. Rousseau
  13 Fla. Supp. 110· Dade Cty. Cir. Ct.· 1958-10-30 ·cited 6×
  Ivan Rousseau was convicted in Dade County's newly established metropolitan court of driving under the influence and reckless driving under county traffic ordinances. On appeal, Rousseau challenged the court's jurisdiction and his denial of a jury trial, but the circuit court aff
• Rushfeldt v. Metro. Dade Cnty.
  630 So. 2d 643· Fla. 3d DCA· 1994-01-11 ·cited 4×
  Rushfeldt challenges the validity of an ordinance creating the Belle Meade Security Guard Special Taxing District, asserting defects in its authority, procedures, and functions. The trial court granted summary judgment for Metropolitan Dade County, and the appellate court affirms
• Sch. Bd. OF Palm Beach Cnty. v. Winchester
  565 So. 2d 1350· Fla.· 1990-07-27 ·cited 4×
  A special law enacted in 1971 providing for nonpartisan election of school board members is constitutional as applied to Palm Beach County because the constitutional prohibition on special laws pertaining to officer elections does not apply to chartered counties.
• S. Fla. Chapter of the Associated Gen. Contractors of Am., Inc. v. Metro. Dade Cnty.
  552 F. Supp. 909· S.D. Fla.· 1982-12-16 ·cited 4×
  The court held that the 'set-aside' provision of the county's race-conscious ordinance, which limited competition for certain contracts exclusively among Black contractors, violated the Equal Protection Clause of the Fourteenth Amendment, but the 'goals' provision, setting a perc
• Bd. OF Cnty. Comm'rs OF Dade Cnty. v. Wilson
  382 So. 2d 431· Fla. 3d DCA· 1980-04-15 ·cited 4×
  The court affirmed a lower court's decision to issue a writ of mandamus, compelling the Board of County Commissioners to approve an initiative petition regarding the county's millage rate. The Board had argued the petition was unconstitutional, but the court found this argument u
• Meek v. Metro. Dade Cnty.
  805 F. Supp. 967· S.D. Fla.· 1992-09-11 ·cited 3×
  Dade County's at-large election system violates Section 2 of the Voting Rights Act by diluting Black and Hispanic voting power, entitling Plaintiffs to relief.
• State of Fla. ex rel. Dade Cnty. v. Nuzum
  372 So. 2d 441· Fla.· 1979-06-14 ·cited 3×
  Dade County petitioned for a writ of mandamus to compel state officials to distribute the 38% municipal share of beverage license tax revenues from the county's unincorporated areas. The Florida Supreme Court held that Dade County's metropolitan government constitutes an 'incorpo
• Nash v. Richard
  174 So. 2d 611· Fla. 3d DCA· 1965-04-20 ·cited 3×
  A Florida appellate court reversed the dismissal of a mandamus petition brought by a Miami Beach resident seeking to compel the city council to submit six proposed charter amendments to voters. The court held that the petition stated a prima facie case for mandamus after the coun
• Levy v. Miami-Dade Cnty.
  254 F. Supp. 2d 1269· S.D. Fla.· 2003-02-27 ·cited 2×
  The court held that plaintiffs failed to establish a justiciable claim under the Equal Protection Clause regarding voting dilution or unlawful conditions on incorporation, and that the county's budget system did not violate state law.
• Cnty. OF Volusia v. Consol. Pre-Stressed Concrete, Inc.
  653 So. 2d 398· Fla. 5th DCA· 1995-02-24 ·cited 2×
• Metro. Dade Cnty. v. Metro-Dade Fire Rescue Serv. Dist.
  589 So. 2d 920· Fla. 3d DCA· 1991-09-17 ·cited 2×
  Metropolitan Dade County appeals a trial court decision invalidating portions of an ordinance that limited the powers of the newly created Metro-Dade Fire Rescue Service District Board. The court reversed, holding that the County Commission, as the legislative body that created t
• Cnty. OF Orange v. Webster
  546 So. 2d 1033· Fla.· 1989-06-15 ·cited 2×
  The Florida Supreme Court upheld a curative statute (Chapter 88-38) that ratified Orange County's home rule charter election, despite the election being held outside the 45-90 day window required by statute. The Court held that the Legislature may enact curative legislation to va
• Cnty. OF Dade v. Sansom
  226 So. 2d 278· Fla. 3d DCA· 1969-09-02 ·cited 2×
  The court held that there is no statutory or ordinance authority to tax costs against a county when a conviction for a petty offense (like disorderly conduct) is reversed on appeal.
• Ortiz v. Metro. Court of Dade Cnty.
  25 Fla. Supp. 155· Dade Cty. Cir. Ct.· 1965-08-18 ·cited 2×
  A 14-year-old minor challenges the jurisdiction of the Metropolitan Court of Dade County to try him for traffic violations, arguing that exclusive jurisdiction over juveniles in criminal cases belongs to the Juvenile and Domestic Relations Court under the Florida Constitution. Th
• Hardy v. O'Grady
  159 So. 2d 908· Fla. 3d DCA· 1964-01-21 ·cited 2×
  Hardy and Trantafilu, former employees of a private transit company, appealed a court order invalidating the Dade County Commission's creation of an emergency eligibility list for county transit employment limited to former private transit employees. The court affirmed the lower
• State v. McNAYR
  18 Fla. Supp. 102· Dade Cty. Cir. Ct.· 1961-08-05 ·cited 2×
  A mandamus proceeding challenging the county assessor's refusal to adopt valuations from an incomplete countywide reassessment program for the 1961 tax roll. The court held that the assessor has discretionary authority to reject reappraisal valuations and that mandamus does not l
• Fossey v. Dade Cnty.
  123 So. 2d 755· Fla. 3d DCA· 1960-10-31 ·cited 2×
  A county commissioner owning land on an island is disqualified from voting on a resolution to build a causeway to that island, due to a charter provision prohibiting voting when having a special financial interest.
• Homestead Hosp., Inc. v. Miami-Dade Cnty.
  829 So. 2d 259· Fla. 3d DCA· 2002-09-04 ·cited 1×
  Seven private hospitals appealed a summary judgment holding that a 2000 Florida legislative amendment to the county public hospital surtax statute was an unconstitutional special law applicable only to Miami-Dade County. The court affirmed, finding the amendment unconstitutional
• Laborers' Int'l Union OF N. Am. v. Myrtice Burroughs
  522 So. 2d 852· Fla. 3d DCA· 1987-12-15 ·cited 1×
  The Florida District Court of Appeal quashed a local administrative board's order requiring a union local with fewer than 15 employees to pay damages and attorney's fees for sexual harassment, finding the board exceeded its quasi-judicial authority by awarding equitable remedies
• Jenkins v. City OF Pensacola
  638 F.2d 1249· 5th Cir.· 1981-02-19 ·cited 1×
  The court held that the district court properly approved the 7-3 election plan as a legislative plan, not a court-ordered one, and that the plan is constitutional.