Government of Florida

From Freepedia

The Government of the State of Florida is established and operated according the Florida Constitution. The State of Florida is a democratic constitutional republic. The Florida Constitution defines the basic structures and operation of the government, its duties, responsibilities, and powers, and establishes the basic law of the state and guarantees various rights and freedoms of the people.

The State of Florida is a member of the United States of America, and is a U.S. state. The United States is a federation, and as such it retains exclusive authority over legal and law enforcement matters that lie within the states borders, except as limited by the Constitution of the United States.

Power in Florida is divided among three branches of government: executive, legislative, and judicial. The state delegates non-exclusive power to local municipal and county governments. However, home-rule charters can be established which provide significant local autonomy over the structure and operation of those governments.

Much of the business of government is done in Tallahassee, the State capital.

1 Executive Branch
- 1.1 The Cabinet
2 Local government
3 Special purpose districts
4 Native American governments
5 History
6 External links

Executive Branch

The Executive Branch of the Government of the State of Florida consists of the Florida Cabinet (which includes the Governor, the Attorney General, the Commissioner of Agriculture and the Chief Financial Officer), the Lieutenant Governor, and several Executive Departments, among which are alloted the functions of the Executive Branch.

The Cabinet

Florida is unique among U.S. states in having a strong cabinet-style government. Members of the Cabinet are independently elected, and have equal footing with the Governor on issues under the Cabinet's jurisdiction. Each member carries one vote in the decision making process. In the event of a tie, the side of the governor is the prevailing side. Cabinet elections are held every four years, on even numbered years (such as 2002, 2006, etc.).

Governor

Main article: Governor of Florida

The Governor of Florida is the chief executive of the Government of the State of Florida, and serves as chairman of the Florida Cabinet. He has the power to execute the state's laws, and to call out the militia to preserve the public peace. The Governor is commander-in-chief of the state's military forces not in active service of the United States. At least once every legislative session, the Governor is required to deliver an address to the Florida Legislature, referred to as the State of the State address, regarding the operation and condition of the state government, as well as to suggest improvements that might improve the operation of the governments executive branch, and other laws that would be in the public interest. The governor is elected by popular election every four years, and may serve a maximum of two terms. The 43rd (and current) Governor of Florida is Jeb Bush, who was elected first on November 5, 1998, and again on November 5, 2002.

Attorney General

Main article Attorney General of Florida

The Attorney General is the state's chief legal officer. As defined in the Florida Constitution, the attorney general appoints a statewide prosecutor who may prosecute violations of criminal law occurring in or affecting two or more judicial circuits. The current Attorney General of Florida is Charlie Crist. He was elected to the position on November 5, 2002. He is the first republican Attorney General of Florida.

Chief Financial Officer

Main article Chief Financial Officer of Florida

The duties as defined under the Constitution of Florida of the Chief Financial Officer include monitoring the states finances and fiscal well being, auditing and assuring that state programs are properly spending money and overseeing the proper management of the revenue and spending of the state. The current Chief Financial Officer is Tom Gallagher.

Commissioner of Agriculture

The current Commissioner of Agriculture is Charles H. Bronson.

Local government

Local governments are established the by Government of the State of Florida and are given varying amounts of non-exclusive authority over their jurisdictions. The law governing the creation of these governments is contained both within the Florida Constitution and the Florida Statutes. Local governments are incorporated in Florida by special acts of the Florida Legislature.

Local governments in Florida fall into two general categories: the county governments and the municipal governments. In some cases, such as Jacksonville, the municipal and county governments have merged into a consolidated government. In Jacksonville, the municipal government has taken over the responsibilities normally given to the county government, Duval County in this case. However, other municipal governments can be created inside of the joined city/county, as which has happened in Jacksonville.

Although municipal governments in Florida may be called towns, cities, or villages, there is no legal distinction between the different terms. All municipal governments are located within a county and the county jurisdiction overlays the municipal jurisdiction to a degree. All areas of Florida are located within a county, but only some areas have been incorporated into cities. Counties and municipal governments may pass laws, called ordininaces. Ussually, if there is a conflict between a county and a city ordinance, the city ordinance has precedence within the cities borders, unless otherwise specified.

Cities in Florida often have police, fire departments, provide essential services such as water and waste collection, and so on. In unincorporated areas of a county, areas not located within a city, the county may provide these services. Cities may also enter agreements with the county to have the county provide certian services.

Each county has a sherriff who also tends to have concurrent jurisdiction inside the cities as well along with city police departments.

Local governments in Florida may have both a legislative branch (commissions or councils) and executive (police, fire, parks, code enforcement, etc.), however, only the counties have a court system.

Special purpose districts

Special purpose districts may be established which can provide certian types of services or have jurisdiction to oversee certian things. Special purpose districts can include water management districts, public transportation districts, school districts, and so forth. They can be established by acts of the Florida Legislature.

These districts may be established to include an entire county, however they are independent of county or municipal governments. They are given funding from tax revenue by the Florida Legislature. These districts can be created to provide services in some cases otherwise provided by counties or cities. They often have a jurisdiction that coincides with the borders of a county, for instance, which is often the case with school districts.

Native American governments

Over the years, the independance and autonomy of the Native American peoples of Florida, the Seminole Tribe of Florida [1] and the Miccosukee Tribe of Indians of Florida [2] has been increasing. The Native Americans are exempt from many state laws, for instance which allow them to operate casinos which are otherwise illegal in other parts of the state. The governments are also exempt from many local laws and jurisdictions as well. Bills have been introduced in the Florida Legislature to give the native american governments greater autonomy on law enforcement matters residing inside the borders of the reservations [3].

History

See also: History of Florida

Native American government

Native American peoples first entered Florida around 12,000 years ago. Thereafter, many civilisations arose in Florida, such as the Timucua, Tequesta, and Apalachee. Many of the civilisations were ruled by a chief, who would oversee the settlement. The Timucua consisted of many independent villages which were ruled over by a chief.

European colonial government

A colony was briefly established at Pensacola by the Spanish in 1559 but was abandoned after a hurricane in 1561. The French also established a brief colony at Fort Caroline in 1564 near the mouth of the St. Johns River, near present day Jacksonville.

The first permenant colonial government of Spanish Florida was established on August 28th, 1565 by Pedro Menéndez de Avilés, who became the first Governor of Florida , with the founding of the first permanent Spanish settlement in Florida at St. Augustine, the capital of Spanish Florida, although Florida was originally claimed by Spain by Juan Ponce de León on April 2nd, 1513. This began a continuous line of established government which extends up until present day.

Florida was ceded to the United Kingdom between 1763 and 1784, later returning to Spain. During the British period, Florida was subdivided into two colonies, West Florida, the capital of which was Pensacola, and East Florida, the capital of which was St. Augustine. Florida was returned to Spain in 1784, beginning the second Spanish Florida period.

United States membership

On July 10, 1821, as a part of the Adams-Onís Treaty of 1819, signed on February 22, 1819, Florida was ceded to the United States. Florida became a Territory of the United States until 1845. The capital of Florida was moved from St. Augustine to Tallahassee in 1824, by the Territory Legislature, which was chosen partly for its location between Pensacola and St. Augustine, as a compromise between them. The first constitution implemented as a U.S. territory was written in 1838, and Florida was granted admission into the union as a state on March 3, 1845.