CITIES IN THE CLASSROOM Section II: Local Government Lesson 3 The Legal Roles of Florida’s City, County and State Governments SS.7.C.3.9 – Illustrate the law making process at the local, state, and federal levels. SS.7.C.3.14 – Differentiate between local, state, and federal governments’ obligations and services. LAFS.7.RI.4.10 – By the end of the year, read and comprehend literary nonfiction in the grades 6-8 text complexity band proficiently, with scaffolding as needed at the high end of the range. LAFS.7.SL.1.1 – Engage effectively in a range of collaborative discussions (one-on-one, in groups, and teacherled) with diverse partners on grade 7 topics, texts, and issues, building on others’ ideas and expressing their own clearly. Source Adapted from: Florida League of Cities, Florida City and County Government: A Teacher Handbook Overview In learning about Florida’s city and county level governments it is important for students to become familiar with the legal foundation under which governments operate and to understand their respective relationship with state government and with each other. These legal roles and responsibilities are spelled out in the Florida Constitution, the statutes, special acts and, in the case of cities, the local charter. Objectives Students will be able to list at least five of the various legal roles and responsibilities established for city governments in Florida. Students will be able to list at least five of the various legal roles and responsibilities established for county governments in Florida. Students will be able to use correctly the following terms in class discussion and written assignments: municipal government/municipality, county government, and intergovernmental relations. Students will be able to explain the relationship between city government and state government, between county government and state government, and between city government and county government. ***The terms municipal government/municipality, county government, and intergovernmental relations (see Vocabulary) are introduced and stressed in this lesson. However, other terms used in this lesson which it may be helpful to review include: ad valorem taxes, charter, consolidation, general law, Home Rule, incorporation, mills (or millage rate), ordinance, sovereignty and special act. Time One 50 minute class period Vocabulary municipal government / municipality 1 o In Florida, an incorporated city, town or village having powers of self-government provided by charter. (For the purposes of this curriculum, the term "city" will be used interchangeably to refer to all municipal governments in Florida.) county government o A political subdivision of the state established by the state Legislature to implement state services at the local level. intergovernmental relations o The connection or involvement of one or more governments with each other; the relationship possibilities take many forms, with both positive and negative results, and may include an overlap of power or jurisdiction prescribed by law, an agreement to mutually share certain services, a shared taxing source, land issues, one or more intergovernmental committees, a cooperative partnership for a specific project and duplicative services, to name a few examples. ad valorem (property) tax o A local government tax based on the value of real and personal property; the term "ad valorem" means "according to the value of." charter o The basic law, or constitution, of a city or county government issued by the state Legislature and usually approved by a vote of the citizens. The King (or Queen) of England during the late Middle Ages also granted "charters" to citizens of a community, giving them the power to promote local improvements and to regulate certain aspects of community life. general law o A legislative act, which is intended to have statewide application. home rule o Local self-government (self-rule) by the people with limited interference by another level of government, within the parameters of the law. incorporation o The legal act taken when a community adopts a charter and becomes a municipality (in Florida: a city, town or village, each having equal powers under state law). mills/millage rate o The rate of taxation as it applies to ad valorem property taxes; one mill is equivalent to $1 per $1,000 of taxable value. ordinance o A law of a permanent nature passed by a city or county and enforceable within that government's respective boundaries. (Note: Non-charter county government ordinances that conflict with ordinances of a city within that county, are not effective within the boundaries of that city to the extent of the conflict.) sovereignty o Supreme and independent power or authority. special act o A legislative act that applies to an area or group that is less than the total area or population of the state Strategies Guided independent activity 2 Whole class discussion Materials Copies of “The Legal Roles of State, County and City Government in Florida” Worksheets Answer key for Legal Roles Worksheet Whiteboard or flipchart and markers Potential Roles of a Public Official Facilitate scenarios Serve as a content knowledge resource Provide real-world examples of public policy issues, ongoing city debates, and public v. private interests Activities 1. Hand out "The Legal Roles of State, County and City Government in Florida." Explain to students that the handout contains a summary of some of the broad legal roles and responsibilities established for state, county and city governments in Florida and that this information will assist them in understanding the relationship between these various governmental levels. 2. As a whole class, read through the handout. Ask students to read the descriptions of each government listed under Step 1 of the handout and ask clarifying questions to check for their understanding. Then, students should use this information to fill in the blanks for the 20 statements listed under Step 2 of the handout, indicating which government's legal role or function is being described. Be sure to remind students to use the abbreviations for the various governments, as indicated in the "key," and point out that a particular statement may apply to only one of the governments or may apply to two or more of the governments. For those statements that apply to county governments, students should circle their "C" if it is true for chartered counties only. A teacher key is provided. 3. While students are working on the activity, write on the chalkboard or flipchart the following three headings: state government, county government, and city government. When students have had sufficient time to complete their activity, review the 20 statements as a class. As students supply the answers, write the role or responsibility under the appropriate heading, as in the example below. (Optional: Assign one student to each heading and ask them to write the appropriate statements for their respective government on the board.) state government county government city government Is a taxer Is a taxer Is a taxer Has powers of self May annex property government Has powers of self May enact up to 20 mills in government ad valorem property taxes 3 4. Lead a discussion on these governmental roles and responsibilities asking students to offer their respective ideas as to why these various roles and responsibilities developed as they did. Responses might include: subdivision of the state into counties (to better provide state services at the local level), checks and balances (sovereignty of state balanced by more local self-government, within the parameters of the law), more participation at the local level and the need for basic services provided in an organized fashion (establishment of municipalities by charter), and demand of local citizens living in the unincorporated areas served by county government. 5. As a final exercise, define the term "intergovernmental relations" for the students (see Passport Vocabulary). Using the three lists developed in the previous discussion ask students to identify specific issues that point to an intergovernmental relationship between city government and state government, between county government and state government, and between city and county government. These ties may be identified on the list by using arrows. For example, state government: through its legislative arm (the Legislature) may create or abolish counties and cities and amend local charters; provides state services to all state citizens either directly or through its agents, the county governments (thus, impacting activities even within municipal boundaries); has all constitutional authority to tax (with the exception of ad valorem taxes), affecting all jurisdictions of the state; and has a statewide court system (cities have no courts). County governments: are a political subdivision of the state; provide state services to citizens throughout their respective county jurisdiction, even within municipal boundaries; may levy up to 10 mills in ad valorem taxes within their respective unincorporated areas (cannot tax within the city limits); and may enact county ordinances which are in effect throughout the county unless in conflict with a municipal ordinance. City governments: have self-government within the parameters of laws passed by the state; may provide municipal-type services outside of their jurisdiction, thus impacting county government; may annex property (thus taking in property previously on the county tax rolls); and may levy up to 10 mills in ad valorem property taxes, but only within their respective city limits. Extension Suggestions 1. Invite a representative from city government and a representative from county government to address the class, from their perspective, on the role played by their respective local governments in relationship to citizens of the community, to the other's government and to state government. 2. Students may elect to interview representatives from city government, county government and even state government, if available, on their government's participation in "intergovernmental relations." 3. Select a current "intergovernmental relations" topic that is in the local news. Have students research the issue, using the media, talking to their parents and, if possible, interviewing the involved parties. Hold a discussion on the merits of the issue. If controversial, select a panel of five students to represent one side of the issue and a panel of five to represent the other side. Hold a brief debate, allowing the class to vote on their preferred option. Follow through on the issue to see if it is resolved and how the outcome compares with the students' vote. 4 "The Legal Roles of State, County and City Government in Florida" Name_____________________________________________ Date________________________ Step 1: Read the information provided below on the legal roles and responsibilities established for state government, county government and city government in Florida. State Government 1. Has sovereignty (highest authority) over local government affairs, as defined by the United States federal system; 2. Is a provider of statewide governmental services, such as judicial, health, financial and transportation services, either directly or through its agents, the county governments; 3. Is an economic and social equalizer (has the responsibility to provide for those in the state who cannot provide for themselves); 4. Is a regulator in order to correct abuses that exist; 5. Is a taxer and has all constitutional authority to tax, except as provided for in general law (excludes ad valorem property taxes, which are reserved for local governments by the Florida Constitution); 6. Has its supreme executive power vested in a Governor, elected by the people; 7. Has legislative power vested in a Legislature, consisting of the House and Senate, whose representatives are elected by the people; and 8. Has a court system (Supreme Court, district courts of appeal, circuit courts and county courts) to interpret laws at all levels (judicial). County Government 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Is a political subdivision of the state; Carries out state services on a local basis; May be created, abolished or changed by laws of the state Legislature; Has a county seat designated by general law where the principal offices and permanent records of all county officers are located; Except when otherwise provided by county charter, is governed by a Board of County Commissioners (legislative and some executive) composed of five to seven members who are elected by the people to serve staggered fouryear terms; Has five constitutional officers (executive in their respective areas) elected by the people of each county (the Sheriff, Tax Collector, Property Appraiser, Supervisor of Elections and Clerk of the Circuit Court); Has powers of self-government (Home Rule) as provided by general or special law (non-chartered counties) or not inconsistent with general law or with special laws approved by a vote of the people (chartered counties); May enact county ordinances or laws not inconsistent with general law; May enact up to 10 mills in property taxes (ad valorem taxes) on a countywide basis and may levy up to an additional 10 mills in all or part of the unincorporated area of the county for municipal purposes (may exceed 10 mill cap for up to a two-year period, if authorized by the voters); and Provides facilities for state courts and oversees its county courts (judicial), which are part of the state court system. 5 City Government 1. Is legally established through the act of incorporation, which includes adoption of a charter prepared by citizens residing in the affected area; the charter must be subsequently authorized by special act of the Legislature (generally these special acts contain a referendum requirement, i.e., a vote of the people). 2. May be established or abolished and its charter amended per general or special law approved by the state Legislature; 3. Provides municipal-type services required by the people, including, but not limited to, police services, fire protection, garbage collection, traffic control, street lighting, sewage treatment and drinking water; 4. Has governmental, corporate and proprietary powers to enable it to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law (Home Rule or self-government); 5. Has a municipal legislative body elected by the people and provided for by charter; 6. May enact municipal ordinances not inconsistent with state laws or county charter; 7. May annex property (annexation is the process available to expand the boundaries of a city), as provided by general or special law; and 8. May enact up to 10 mills in property taxes (ad valorem taxes) within the incorporated boundaries of the city (may exceed 10 mill cap for up to a two-year period, if authorized by the voters of the city). 6 Step 2: Fill in the blank before each of the statements that follow, indicating which government (or governments) is described by the respective statement. Use the appropriate abbreviation for the governments, as indicated in the "key." Note that a statement may refer to more than one type of government. Key M = city (municipal) government C = county government S = state government ________ 1. May enact ordinances not in conflict with general law ________ 2. Legislative body is elected by the people ________ 3. May annex property ________ 4. Is responsible for one or more courts (judicial) ________ 5. May levy ad valorem (property) taxes ________ 6. Has legislative power vested in two houses ________ 7. May adopt a charter ________ 8. Is a taxer ________ 9. Has sovereignty over local government affairs 7 ________ 10. Is legally established through the act of incorporation and adoption of a charter ________ 11. Has a Sheriff, Tax Collector, Property Appraiser, Supervisor of Elections and Clerk of the Circuit Court elected by the people ________ 12. Has powers of self-government (Home Rule) ________ 13. Is a political subdivision of the state ________ 14. An ordinance enacted by this government which is in conflict with an ordinance of a city within its jurisdiction is not effective within the boundaries of the city ________ 15. Provider of state services on a local basis ________ 16. Governing body is composed of five to seven members serving staggered four-year terms ________ 17. May be created or abolished by state law ________ 18. May enact up to 10 mills in ad valorem (property) taxes ________ 19. Elected body is composed of an odd number of voting members of 3 or more; terms may be staggered or co-terminous ________ 20. Adopts ordinances (laws) and resolutions (opinion of the elected body at that time) for its respective jurisdiction 8 Teacher Key, Activity Sheet #1, Step 2 1. C, M 2. S, C and M 3. M 4. S, C 5. C, M 6. S 7. C, M (note: counties may adopt a charter, cities must adopt a charter, so answers may vary) 8. S, C and M 9. S 10. M 11. C 12. C, M 13. C 14. C 15. C 16. C 17. C, M 18. C, M 19. M 20. C, M 9
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