The Key West citizen., 1952-09-04
SENATOR GAUTIER

N~VhluuSu rrOJu rage Ouel
ent charter started out as a home
rule charter. but il has been
amended 80 times by the Iegisla-
ture.
Eight states California, Con-
necticut, Maryland, Missouri, Ohio,
Texas, Rhode Island, and Washing
tom allow counties wide measure
OF home rule. Nine others (Geor-
gla, Louisiana, Montana, New
York, North Carolina, North Dako-
ia, Tennessee, Oregon, and Vir-
ginia) allow counties at least some
latitude in adapting county gov
.ernment to the needs and desires
OF the individual counties.
Present Status Of Florida Counties
Florida counties have no home
rule. They are hamstrung by the
constitution of 1885 which pre-
scribes the organization of county
government and requires the same
sort of organization for every coun-
ty in the state - large or small,
urban or rural. The major county
officers, their jurisdiction, and
their method of selection are froz-
en- - 1885 style - in the conStitu-
ton.
MANY other local matters -
such as salaries, duties, and pro-
eedUre - which are not prescrib.
ed by fhe constitution are decided
by the legislature in Tallahassee.
Hundreds Of local bills relating TO
county government are infrodUe-
ed at every session. Many Of
them deal with local triviaIifies
which divert legislative time and
attention from problems Of state
wide importance.
Worst of all, transaction of
purely local business at remote
spot, such as Tallahassee, enables
politicians to put over fast deals
which they would never dare at
tempt back home under local scrut-
my. Since so many decisions af-
fecting county government are
made in Tallahassee, county Off
cials can evade responsibility for
inefficiency and soaring taxes.
Effect Of the Amendment
If the home rule amendment is
adopted, the legislature will be
able to grant any county charter
under which that county may reg
ulate and govern itself. The legis-
lature will also be empowered to
pass laws setting up procedure
by which any county which desires
to do so may frame its own charter
and govern itself Hereunder. The
amendment does not require the le-
gislature to take either of these
actions; it merely confers the au-
thority to do so.
''No county will be compelled to
adopt a charter or to go and get
one from the legislature. The great
majority of counties, particularly
the smaller ones, will probably
want to continue present arrange
ments, and they have right to do
so. But the counties which want a
different kind of county govern
ment will be able to get it, once the
constitutional roadblock has been
removed.
''Every home rule county must
conform to state laws in non-local
matters. For example, educational
and general taxation are state mat
! ters and cannot be changed by a
county charter.
What Kind Of Charter?
'"The amendment provides that
any county charter which is
granted by the legislature or
adopted by the local voters may
determine such local matters as
C1) the name of the county, (2)
the powers, duties, and jurisdic-
ton of all county officers, CD
their classes, terms, and jurisdic-
ton, (4) the manner of their
selection, and (5) their compen-
sation. In drafting a charter, one
county may wish to keep the
traditional county commissioner
setup' with little or no modifica-
ton. Another may want the COM
mission-manager plan. Still an
other may prefer the strong
mayor plan or some other type Of
elected executive.
"Some counties may want to
keep the long ballot under which
all major officials are elected by
the voters. Another county may
want to make the offices which
are now elected assessor, tax
collector. sheriff, circuit court
clerk, states attorney, county
solicitor. purchasing agent, etc)
appointive instead. Still another
county may desire some COM
hination of the two plans
"Some counties viii want to
combine certain offices. and
abolish others which are no
longer needed. Other counties
may want 10 create new offices.
In many cases, there viii be no
change. These are all local mat
fare. irr,lar hama rule fhav can