Judges: Jim Smith, Attorney General Prepared by: Craig Willis, Assistant Attorney General
Filed Date: 7/20/1981
Status: Precedential
Modified Date: 7/5/2016
The Honorable Nevin Smith Secretary, Department of Administration
QUESTION:
Does a home rule charter county have the lawful authority to amend or repeal by ordinance a special act of the State Legislature that creates an independent special district separate from county government and with jurisdiction extending territorially throughout all the county?
SUMMARY:
Until judicially determined otherwise, a charter form of county government, established pursuant to s. 1(c), Art. VIII, State Const., and implemental general law is not constitutionally or statutorily empowered to enact a county ordinance which attempts to amend or repeal any special act creating and establishing an independent special district that is separate from such charter county government, with county-wide jurisdiction and whose enabling legislation is of county-wide force and effect; the Sarasota Hospital Board as the governing body of the Hospital District is not empowered by the Hospital District's enabling legislation, as amended, to enact any form of local legislation which provides for payments `on account of sickness' to the officers or employees of the Hospital Board or the Hospital District for purposes of the Social Security Act of ch.
Several questions are presented involving the legal authority of the Sarasota Memorial Hospital District to make payments `on account of sickness' to hospital employees for purposes of the deduction or exclusion of such payments from the wages of hospital employees and from the definition of wages in
Your inquiry and supplemental material furnished to this office discloses that the Board of County Commissioners of Sarasota County enacted an ordinance on May 11, 1976, which purported to amend the special act (ch. 49-26468, Laws of Florida, Extraordinary Session 1949), creating the independent special hospital district in question. The amendment, Ordinance No. 76-20, Ordinances of Sarasota County, Florida, presumptively gave the governing hospital board the authority to expend hospital funds pursuant to a plan or system established by the hospital board to make `payments on account of sickness' within the purview of the Social Security Act, specifically
Your questions raise issues concerning the application of rules and regulations adopted pursuant to
However, because the issues raised primarily involve federal law and regulations, as well as ch.
While I cannot pass upon the validity of any legislative action taken by the Board of County Commissioners of Sarasota County or the governing board of this hospital district (which is now a judicial question), I do direct your attention to the discussion in Question Two of AGO 081-7. That opinion dealt with the establishment of county government by charter pursuant to s. 1(c), Art. VIII, State Const., and implemental legislation, parts II and IV of ch.
adopts a charter form of county government under s. 1(c), Art. VIII, State Const., its governing body will possess no constitutional authority to amend or repeal or supersede or alter by county ordinance any existing and effect special law relating to the county and the incorporated areas therein, except for those local and special laws relating only to the unincorporated area of the county in force and effect on the effective date of Art. VIII which, pursuant to s. 6(d), Art. VIII, may be amended or repealed by county ordinance. (Emphasis supplied.)
I have examined the enabling legislation for this hospital board and hospital district and find that the hospital board was established as `a body corporate, with jurisdiction extending territorially throughout all of Sarasota County, which territory is hereby known as the Sarasota County Public Hospital District.'See ss. 1 and 4, ch. 49-26468, Laws of Florida, Extraordinary Session 1949. You have directed my attention to Evans v. Hardcastle,
In sum, this hospital district's jurisdiction is county-wide; its enabling statute, as amended, is of county-wide force and effect and the statute does not relate `only to the unincorporated area of [the] county.' See Art. VIII, State Const. Moreover, the members of the governing board of this special district are independently elected and exercise their statutorily prescribed powers, duties and functions independent of and separate from the county government of Sarasota County. It would therefore appear, until judicially determined otherwise, that a charter form of county government (home rule charter county) established pursuant to s. 1(c), Art. VIII, State Const., and implemental general law is not constitutionally or statutorily empowered to enact a county ordinance which amends or repeals any existing special law creating and establishing an independent special district that is separate from such charter form of county government, with county-wide jurisdiction and whose enabling legislation is of county-wide force and effect. In view of this conclusion it is unnecessary for me to respond to your second question. Further, because of the constraints placed upon opinions of this office discussed at the beginning of this reponse, I am unable to consider your third question beyond the following narrow exception. My examination of ch. 49-26468, Laws of Florida, Extraordinary Session 1949, and subsequent amendments to this special law, does not reveal any authority for the hospital district or its governing body to make payments `on account of sickness' to district employees within the purview of or for the purposes of the Social Security Act or ch.
Prepared by: Craig Willis, Assistant Attorney General