§ 3.01. General powers.  


Latest version.
  • The consolidated government:

    (a)

    Shall have and may exercise any and all powers which counties and municipalities are or may hereafter be authorized or required to exercise under the Constitution and the general laws of the State of Florida, including, but not limited to, all powers of local self-government and home rule not inconsistent with general law conferred upon counties operating under county charters by s. 1(g) of Article VIII of the State Constitution; conferred upon municipalities by s. 2(b) of Article VIII of the State Constitution; conferred upon consolidated governments of counties and municipalities by section 3 of Article VIII of the State Constitution; conferred upon counties by ss. 125.85 and 125.86, Florida Statutes; and conferred upon municipalities by ss. 166.021, 166.031, and 166.042, Florida Statutes; all as fully and completely as though the powers were specifically enumerated herein.

    (b)

    With respect to Duval County, except as expressly prohibited by the Constitution or general laws of the State of Florida, may enact or adopt any legislation concerning any subject matter upon which the Legislature of Florida might act; may enact or adopt any legislation that the council deems necessary and proper for the good government of the county or necessary for the health, safety, and welfare of the people; may exercise all governmental, corporate, and proprietary powers to enable the City of Jacksonville to conduct county and municipal functions, render county and municipal services and exercise all other powers of local self-government; all as authorized by the constitutional provisions mentioned in subsection (a) and by ss. 125.86(2), (7), and (8) and 166.021(1) and (3), Florida Statutes.

    (c)

    May engage in any activity in which the State of Florida or any of its political subdivisions may engage and may exercise any power which may be exercised by the State of Florida or any of its political subdivisions within Duval County, not expressly prohibited by the Constitution or general laws of the State of Florida, as authorized by s. 166.021(1), Florida Statutes.

    (d)

    Shall have and may exercise any and all powers which any of the former governments and former special districts possessed on September 30, 1968.

    (e)

    May repeal or amend any provision of this charter, and adopt other provisions of this charter, by ordinance, to the same extent as could be done by the Legislature of the State of Florida, except that:

    (1)

    The following subjects may not be so acted upon:

    (i)

    Municipal annexation of unincorporated territory, merger of municipalities, and exercise of extraterritorial powers by municipalities.

    (ii)

    Any subject expressly prohibited by the Constitution of the State of Florida.

    (iii)

    Any subject expressly preempted to state government by the Constitution or general laws of Florida.

    (iv)

    Any subject affecting the powers, rights, duties, and abilities of the Cities of Jacksonville Beach, Atlantic Beach, and Neptune Beach and the Town of Baldwin.

    (2)

    Any change in this chapter made by ordinance which affects the creation or existence of a municipality, the terms of elected officers and the manner of their election, the distribution of powers among elected officers, matters prescribed by the charter relating to appointive boards, matters prescribed by the charter relating to the office of general counsel, matters prescribed by the charter relating to the council auditor's office, the form of government, or any rights of municipal employees cannot become effective without approval by referendum of the electors as provided in s. 166.031, Florida Statutes. For the purposes of this paragraph, "municipality" includes the county and municipality of the City of Jacksonville but excludes the Cities of Jacksonville Beach, Atlantic Beach, and Neptune Beach and the Town of Baldwin.

    (f)

    May not exercise any municipal power within the Cities of Jacksonville Beach, Atlantic Beach, or Neptune Beach or the Town of Baldwin, notwithstanding the provisions of subsections (a), (b) and (c) of this section, but may exercise any county power throughout Duval County.

    (g)

    In addition to any other construction, reconstruction, repair, or renovation projects, authorized by general or special law, may order the construction, reconstruction, repair, and renovation of sanitary sewer force mains and lift stations, all or any part of the costs of which may be paid levying and collecting special assessments on the abutting, adjoining, contiguous, or other properties specially benefitted by such improvements. Such special assessments shall be levied and collected pursuant to procedures provided in chapter 170, Florida Statutes.

(Laws of Fla., Ch. 78-536, § 4; Laws of Fla., Ch. 85-435, § 2; Laws of Fla., Ch. 86-399, § 1; Laws of Fla., Ch. 89-554, § 1; Laws of Fla., Ch. 92-341, § 1)